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HomeMy WebLinkAbout2012 03-26 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION March 26, 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 March 26,2012 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. 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. March 12, 2012—Study Session 2. March 12, 2012—Regular Session 3. March 12, 2012—Work Session b. Licenses C. Resolution Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions d. Resolution Authorizing the Adoption of the Northwest Metro Drug Task Force Joint Powers Agreement e. Resolution Accepting the Executive Summary from Donald Salverda and • Associates from the City of Brooklyn Center City Council and Department Heads 2012 Leadership Planning Team Building Retreat and Adopting a Mission Statement,Values Statement and Goals Program CITY COUNCIL AGENDA -2- March 26,2012 • f. Resolution Establishing an Ad Hoc Youth Advisory Commission 7. Presentations/Proclamations/Recognitions/Donations None. 8. Public Hearings a. Continued Special Assessments for Diseased Tree Removal and Weed Removal Costs 1. Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Roll 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls —This item was first read on January 23, 2012; published in the official newspaper on February 2, 2012; offered for Public Hearing on March 12, 2012, at which time the above referenced items were continued. Requested Council Action: —Motion to continue Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolutions. 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 6761 Humboldt Avenue North Requested Council Action: 1. Resolution Approving Type IV & Type Il Rental Licenses for 6761 Humboldt Avenue North —Receive staff report. —Motion to open hearing. Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. b. Consideration of Type IV 6-Month Provisional Rental License for 6753 Humboldt Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. -Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. • CITY COUNCIL AGENDA -3- March 26,2012 C. Consideration of Type IV 6-Month Provisional Rental License for 6765 Humboldt Avenue North Requested Council Action: 1. Resolution Approving A Type IV Rental License for 6765 Humboldt Avenue North —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. d. Consideration of Type IV 6-Month Provisional Rental License for 5245-47 Drew Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. . e. Acceptance of Staff Report Regarding Proposed Amendment to Brooklyn Center City Charter Requested Council Action: —Motion to accept the staff report regarding the effect of the Charter Commission proposed changes to the City Charter Section Chapter Nine— Eminent Domain and direct that a copy of the report be provided the Charter Commission for its' consideration. 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 City of BROOKLYN CENTER MEMORANDUM TO: Mayor Tim Willson and Councilmembers Kleven, Lasman, Myszkowski, and Ryan DATE: March 26, 2012 SUBJECT: Minute Correction There is a correction to the minutes of the March 12, 2012, Work Session: Page 6, first line reads as follows: Councilmember/Commissioner Lasman stated a$25,000 contribution with a two-year... Should read: Councilmember/Commissioner Lasman stated a $25,000 contribution with a two-year commitment is very appropriate and that Brooklyn Park contribute a higher level because it has more youth, more residents, and a bigger budget. Councilmember/Commissioner Lasman agreed with the need to do something for youth and this is a good effort. She stated if this effort is successful, she would then be willing to consider additional contributions. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 12, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Stud Session called to order by Mayor Tim Willson Y Y Y at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, Police Chief Kevin Benner, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Lasman requested discussion on Agenda Item 6c Resolution Accepting q g � P g Donations for the Centennial Memorial Amphitheater and Accepting Conditions, specifically that the language does not address excess contributions being used for ongoing maintenance of the structure. The consensus of the City Council was to remove Agenda Item 6c from the City Council's agenda and direct staff to update the resolution to include language indicating contributions would be returned should the amphitheater not be constructed and excess contributions would be used for ongoing maintenance of the structure. Councilmember Ryan requested the following correction to the Study Session minutes of February 27, 2012: Page 2, Seventh Paragraph: "Police Chief Benner indicated the Chief of Metropolitan Transit Police recently retired....with and informed the Metropolitan Transit Police of the City's standards..." It was the consensus of the City Council to accept the correction to the February 27, 2012, Study Session minutes. Councilmember Ryan requested discussion on Agenda Item 7a, Charter Commission Recommendation, in particular the impact the proposed Charter amendment would have on the City's ability to apply eminent domain for redevelopment. • 03/12/12 -1- Mr. Boganey explained virtually everything proposed in the Charter amendment currently exists in State law with the exception of the last sentence in Section 9.04 indicating: "The City has a • 60 day period from the initiation b the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties." Mr. Boganey indicated this language is more restrictive than State law. The City Council discussed the proposed Charter amendment and questioned why it would be in the City's interest to restrict the discretion of future EDAs/City Councils on matters yet unforeseen when eminent domain may be a necessary tool to apply to a redevelopment project, such as the 57tt' and Logan projector Brookdale Ford project. Mr. Boganey agreed the State law change and proposed Charter amendment would eliminate the use of eminent domain for economic development purposes and mitigating blight since the standards to determine blight were raised in the State law change. The City Council discussed the impact of the 60 day limitation, noting it may expose the City to unforeseen financial costs. Mr. Boganey indicated that City Attorney'LeFevere had raised the issue that 60 days is a narrow timeframe to conclude eminent domain proceedings and should an award turn out to be much larger than anticipated, the City could have to suffer and pay substantially higher costs than it would have without the time constraint. The City Council noted the Charter Commission will present its recommendation during tonight's regular meeting and once the City Council receives the report, it is required to schedule a public hearing within 30 days. Following discussion of the Charter amendment process, support was expressed to obtain a legal opinion and additional staff input related to the pros/cons • of the proposed Charter amendment. MISCELLANEOUS Councilmember Myszkowski requested an update on the police officer who was injured and the shootings that occurred last week. Police Chief Kevin Benner reported the officer received a sprained ankle and was recovering. He briefed the City Council on the shooting incident and that the Police Department believes it knows who was responsible. Councilmember Lasman expressed concern about a pending bill that may weaken the City's rental licensing program. Mr. Boganey stated he spoke to City Attorney LeFevere about this legislation and agreed it could have impact on the City's licensing program. The consensus of the City Council was to support Mr. Boganey's recommendation for staff to notify the City's legislative delegation so they are aware of the City's concerns. Councilmember Kleven announced the McKnight Foundation donation of $6 million to two school districts, one being District No. 286, that will be used over three years to increase student literacy. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL • 03/12/12 -2 Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. MISCELLANEOUS—CONTINUED The City Council discussed several pending bills before the Legislature and asked Mr. Boganey to provide updates, as appropriate. Mayor Willson requested future updates on the following: 57th and Logan; Lifetime Fitness site; Howe Fertilize site; and, K-8 school at Palmer Lake Plaza. Mayor Willson announced that Della Young, Brooklyn Center's Commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions, has been elected Vice Chair. • DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CITY COUNCIL FACILITATED RETREAT UPDATE Mr. Boganey reviewed the consensus reached during the recent City Council facilitated retreat relating to strategic goals, desired outcomes, and success targets, and questions raised about those issues. He noted several objectives require further City Council discussion and direction. Goal#1: 1. Reduce violent crime by 10% or more each year. 2 Reduce property crime by 10%or more each year. Mr. Boganey noted the strategic goal is for a safe and secure community and the desired outcome is that citizens will be and feel safe in th eir neighborhoods. The specific ecifc success target et is a 10% reduction in Part I crimes, both violent and property crimes, which is an aggressive reduction. Mr. Boganey presented a graph based upon an approach used by other communities to look at the crime index per 100,000 population rather than addressing a certain percentage of decrease each year. He asked the City Council to consider the level (percentage) it would consider as an indicator of success. Mr. Boganey presented several charts depicting Part I crimes in comparison with Brooklyn Park, Hennepin County, and the State of Minnesota, with and without theft/larceny/reported shoplifting. It was noted that shoplifting may not be, in the minds of the general public,what makes them feel safe or secure. • 03/12/12 -3- Discussion of this item continued and reached conclusion during the March 12, 2012, Work Session. • ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • • 03/12/12 -4- 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 MARCH 12, 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, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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, thanked the City Council for its support of the Open for Business Program and reported on Shop Local flyer mailings. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Pastor Rachel Morey, Brooklyn Mosaic United Methodist Church, 7200 Brooklyn Boulevard, offered 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 • 03/12/12 -1- Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer • Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Director of Community Activities Jim Glasoe, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to correct the Study Session minutes of February 27, 2012, and to remove Item 6c, Resolution Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 27, 2012—Study Session 2. February 27, 2012—Regular Session 3. February 27,2012—Work Session 6b. LICENSES • MECHANICAL DEAL Maintenance & Mechanic 1568 143rd Lane NE,Ham Lake Hoffman Refrigeration and Heating 5660 Memorial Avenue N., Stillwater Joel Smith Heating& A/C, Inc. 13915 Lincoln Street NE,Ham Lake Kevin's Heating & Cooling 6474 20th Avenue S.,Hugo Lofgren Heating and A/C 5708 Upper 147th Street W.,Apple Valley Uptown Heating & Cooling, Inc. 3110 Washington Avenue N., Minneapolis Yale Mechanical LLC 220 W. 81St Street,Bloomington RENTAL INITIAL (TYPE II—two-year license) 5321 Colfax Avenue N. John Svac 6925 Grimes Avenue N. Jan McCaugherty 5320 Humboldt Avenue N. Passed w/Weather Deferral Jacki Smith RENEWAL (TYPE III—one-year license) 6012 Pearson Drive Michael Haase RENEWAL (TYPE II—two-year license) 6813 Humboldt Avenue N.,B302 Gilbert Gamino • 03/12/12 -2- • RENEWAL (TYPE I—three-year license) 490765 1h Avenue N. William Bjerke 1807 70th Avenue N. Passed w/Weather Deferral Rebecca Thomley 6626 Camden Drive Jeremy Ronnebaum Sutton 7215 Girard Avenue N Rebecca Thomley TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 61566 1h Avenue N. 6c. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS This item was removed from the agenda. 6d. RESOLUTION NO. 2012-38 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2012-05, CONTRACT 2012-E,2012 STREET SEAL COATING 6e. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GRANITE PEAKS Motion passed unanimously. • 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. CHARTER COMMISSION RECOMMENDATION Mr. Boganey introduced the item and reviewed the history. Councilmember Lasman moved and Councilmember Ryan seconded to table consideration of the Charter Commission recommendation until a member is available to present the recommendation. City Attorney LeFevere advised that by Roberts Rules of Order, a motion to table would necessitate a later motion to bring the item off the table. Other options were to reschedule consideration to a future meeting or direct staff to bring the item back when the Charter Commission can be represented at a meeting. Councilmember Lasman moved and Councilmember Ryan seconded to amend the motion to table to strike this item from the agenda and direct City staff to reschedule at the request of the Charter Commission. Amended motion passed unanimously. 7b. RESOLUTION NO. 2012-39 EXPRESSING RECOGNITION AND 03/12/12 -3- APPRECIATION OF TOM FIELDS FOR OVER 14 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER i Mayor Willson read the resolution in full. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-39 Expressing Recognition and Appreciation of Tom Fields for over 14 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mr. Fields stated his appreciation for the City and indicated he has been impressed with the spirit of excellence that is fostered by Brooklyn Center. The City Council and audience responded with a round of applause. 7a. CHARTER COMMISSION RECOMMENDATION—CONTINUED The City Council recognized the attendance of Charter Commission Chair Leino and reached consensus to hear the Charter Commission's recommendation. Stan Leino, Charter Commission Chair,presented the proposed language to Chapter 9 of the City Charter relating to eminent domain, which had been unanimously approved by the Charter Commission. He explained the position of the Charter Commission that the eminent domain process had not been addressed for years and the recommended revision would bring the • language into alignment with State Statute. In addition, the recommendation includes a 60-day provision so the eminent domain proceedings could not go on indefinitely. City Attorney LeFevere advised that currently if the City were to initiate an eminent domain proceedings and then decide to withdraw, the City is able to stop the process and pay the costs and attorney's fees for the property owner. However, with the proposed 60-day provision, should the City initiate an eminent domain action and then decide to withdraw, it would be forced to go forward with the condemnation award, even if the public benefit is not great enough to justify the award. Under that scenario,the landlord is not likely to grant the City an extension. Another concern is that most times the eminent domain process cannot be completed within 60 days. Mr. Leino reported that some Charter Commissioners wanted the window to be smaller than 60 days and the most expansive interpretation was 120 days. He indicated if the City Council has a reservation about any specific number, it can be explored. City Attorney LeFevere described the two options the Charter Commission can bring forward a proposed amendment. The City Council thanked Chair Leino and members of the Charter Commission for their excellent service. It was noted that in the case of eminent domain, State law already restricts • 03/12/12 -4- what the City can do. The question was raised why it is necessary for the Charter to reflect every • change in State law. Chair Leino stated the Charter Commission does not respond to everything the Legislature considers but in this case, a subcommittee met and the language was drafted over three to four meetings. The consensus of the Charter Commission was concern that at some point the City may be perceived as overstepping its bounds. Chair Leino acknowledged he has not witnessed the City is"running amok" in condemning property but in consideration of condemnation actions of other cities the Charter Commission found the Charter language should be addressed. Chair Leino stated the Charter Commission did not have the City Attorney's opinion on the hamstringing of the City's ability resulting from a 60-day limitation. He indicated he would not want to tie the City's "hands" in the way described by City Attorney LeFevere but one could argue, from the land owner perspective, that it would require the City to maintain greater foresight in what it intends to do with eminent domain action. The City Council acknowledged it was not eager to exercise eminent domain but, at the same time, questioned whether it was good governance to tie the "hands"of future City Councils. The City Council also expressed concern with a 60-day limitation since the eminent domain process takes longer than 60 days and it could force the City into a position of having to pay an exorbitant price or purchase property that may no longer have public purpose. Mayor Willson stated his support to ask the Charter Commission to hold further discussion given • the City Council's expressed concerns relating to impact with future negotiations and/or actions to determine whether common ground can be found. Chair Leino indicated that several members of the Charter Commission have already asked about certification timing to place this matter on the ballot. He stated the Charter Commission is scheduled to meet April 19, 2012, and he will place this issue on that agenda so they can revisit the 60 day issue. City Attorney LeFevere described the difference between a quick take procedure, which is the process most often used to acquire land since the condemnation law was amended in 2006, and exercising eminent domain that can take months or even years. He recommended staff draft a memorandum detailing the pros and cons of the recommended language. Mr. Leino stated it would be helpful if staff wants to provide as set of parameters and data with which to work. Mr. Soganey inquired regarding the status of another Charter item related to changes in State Law governing elections and how it relates to language in the City Charter. Chair Leino stated the Charter Commission took an affirmative vote in 2010 saying the language was not inconsistent with State law. Mayor Willson asked the Charter Commission to provide its opinion in writing so it can be removed from the City Council's table. Councilmember Lasman moved and Councilmember Kleven seconded to receive the report of the Charter Commission. 03/12/12 -5- The City Council asked staff to provide the Charter Commission with pros and cons of the recommendation, consequences unintended or intended, test cases where eminent domain has • moved forward with positive outcomes to provide a point of comparison, and a description of the 2006 amendments to condemnation law. Mr. Boganey noted the Statute appears to read that a motion to receive, whether the report or recommendation, triggers the scheduling of a public hearing in 30 days. City Attorney LeFevere clarified the language of the Statute indicates within one month of receiving a recommendation, the City has to publish notice of a public hearing and hold that public hearing at least two weeks but not more than one month from published notice. Chair Leino stated it was the intention of the Charter Commission that he make this recommendation tonight but in light of reservations expressed, he would like to go back to the Commission to keep the dialogue open. Mayor Willson indicated the City Council has received a recommendation from the Charter Commission and now has 30 days to publish a public hearing notice with the public hearing held within 30 days of publication. He stated the City Council would appreciate it if the Charter Commission's meeting was moved up to assure adequate time for continued dialogue. The City Council and Chair Leino discussed the process should the Charter Commission determine to modify its recommendation. Chair Leino noted in the past,the Charter Commission has withdrawn the first recommendation. City Attorney LeFevere concurred that would be the best outcome to continue dialogue and eliminate confusion with alternate versions since the • public hearing notice must contain the proposed amendment text. Chair Leino noted it would require a two-step process to request a delay in consideration or withdraw the amendment, massage the language, and present a new recommendation that would then trigger the public hearing. He indicated they are scheduled to meet on April 19, 2012, but he will try to move up the meeting date. The motion passed unanimously. Mayor Willson voiced the City Council's respect and appreciation for the Charter Commission who serve the City as volunteers and put great thought into how the Charter is shaped. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the public hearing and resolutions. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning recommended the two public hearings be held concurrently. She explained the draft resolutions • 03/12/12 -6- would certify diseased tree removal and weed removal costs and as of tonight one written appeal • had been received from 5841 Zenith Avenue N.; however, it was not valid because they are not the owners of the property. Ms. Schleuning indicated an amended levy roll had been provided that reflects several payments made since the last meeting. She described the City-facilitated abatements process and recommended appealed assessments be removed from the assessment roll and tabled to March 26,2012,to allow time for staff investigation. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Thien Le, 6418 Kyle Avenue North, speaking on behalf of his father, stated their intention to appeal the assessment as they did not own the property at the time of the abatement. Julius James Martin, 6724 Dupont Avenue North, stated her intention to appeal the assessment as she did not own the property at the time of the abatement. Vadim Komishrchik, On Time Contractors, Inc., property manager for 5349 Sailor Lane, stated their intention to appeal the assessment because it resulted from a problematic tenant who had been evicted and the property now complied with all licensing requirements of the City. Etmira Pearl, 4900 Howe Lane, stated her intention to appeal the assessment as she did not own the property at the time of the abatement. • Valer Gustafson read a prepared statement on behalf of Marcia Lovejoy, 6331 Bryant Avenue Y p p North, who was under medical treatment and unable to attend, indicating Ms. Lovejoy's intention to appeal the assessment based on financial hardship. Ger Vang, 7215 Riverdale Road, stated his sister's intention to appeal the assessment as the house was in foreclosure. Kim Mun Chew, 5510 France Avenue North, stated his intention to appeal the assessment as he did not own the property at the time of the abatement. Michael Parks, 3218 64th Avenue North, stated his intention to appeal the assessment based on the rationale that he is trying to create a sustainable lawn with a stronger root system. Hong Stran, 5324 63rd Avenue North, stated her intention to appeal the assessment as she did not receive the invoice. Ed Doll, 1201 57th Avenue North, stated his intention to appeal the assessment as the area cited is a rain garden. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. • Motion passed unanimously. 03/12/12 -7- Councilmember Kleven moved and Councilmember Myszkowski seconded to continue the • public hearing to March 26, 2011, on the following properties that have been appealed: 6331 Bryant Avenue North, 6418 Kyle Avenue North, 6724 Dupont Avenue North, 5349 Sailor Lane, 4900 Howe Lane, 7215 Riverdale Road, 5510 France Avenue North, 3218 64th Avenue North, 5324 63rd Avenue North, 1201 57th Avenue North, and 5841 Zenith Avenue N. Motion passed unanimously. 1. RESOLUTION NO. 2012-40 CERTIFYING SPECIAL ASSESSMENT FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL 2. RESOLUTION NO. 2012-41 CERTIFYING SPECIAL ASSESSMENT FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-40 Certifying Special Assessment for Diseased Tree Removal Costs to the Hennepin County Tax Roll, with the exclusion of 6331 Bryant Avenue North; and adopt RESOLUTION NO. 2012-41 Certifying Special Assessment for Weed Removal Costs to the Hennepin County Tax Roll, with the exclusion of 6418 Kyle Avenue North, 6724 Dupont Avenue North, 5349 Sailor Lane, 4900 Howe Lane, 7215 Riverdale Road, 5510 France Avenue North, 3218 64th Avenue North, 5324 63rd Avenue North, 1201 57th Avenue North, and 5841 Zenith Avenue N. Motion passed unanimously. • 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6807 HUMBOLDT AVENUE NORTH C301 Ms. Schleuning.advised that 6807 Humboldt Avenue North, C301 was inspected and 11 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six- month-provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Ryan seconded to open the hearing. • 03/12/12 -8- • Motion passed unanimously. Morris Parker, attorney representing Raymond Charest, explained they had purchased this property in 2010 and problems with one tenant resulted in a number of Code issues that were resolved within 30 days of notice. He indicated the mitigation plan had been submitted and approved, the recommendations of Crime Prevention Specialist Boie have been completed, and monthly reports will be provided. Mr. Parker respectfully requested the City Council honor their request for a temporary license. Ulises Godinez, Prosperan Property Management, agent for Raymond Charest, was introduced. Mayor Willson stated the City Council's appreciation that the property owner took prompt action and was cooperative with City staff. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6807 Humboldt Avenue North, C301, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. • Motion p aased unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4200 LAKEBREEZE AVENUE Ms. Schleuning advised the owner of 4200 Lakebreeze Avenue received a Type IV Rental License on October 24, 2011, on condition of adherence to the Action Plan. The property would qualify for a Type I Rental License; however, the owner has failed to comply with the Action Plan (required attendance at ARM meetings and submit monthly updates) and according to City ordinances, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type IV. It was noted that the property was inspected and revealed two weather deferred violations. 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. Since this property owner has made improvements to the property, staff recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. 03/12/12 -9- Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. I • Motion passed unanimously. ous y. 1. RESOLUTION NO. 2012-42 APPROVING A TYPE IV RENTAL LICENSE FOR 4200 LAKEBREEZE AVENUE Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-42 Approving a Type IV Rental License for 4200 Lakebreeze Avenue. Motion passed unanimously. 10c. RESOLUTION NO. 2012-43 REESTABLISHING VOTING PRECINCTS AND DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve reestablishing voting precincts and designated polling places. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-43 Reestablishin g g Votin Precincts and Designating Polling places for the City of Brooklyn Center. Motion passed unanimously. 12. COUNCIL REPORT • Councilmember Myszkowski reported on her attendance at the following: • March 1, 2012, City Council Orientation • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office Councilmember Ryan reported on his attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office • March 7,2012, Interviewed by Cable 19 on areas of progress in Brooklyn Center Councilmember Lasman reported on her attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012,Tour of FBI Regional Field Office Councilmember Kleven reported on her attendance at the following: • March 1, 2012, Planning Commission • 03/12/12 -10- • March 3, 2012, City Council and Department Head Leadership and Team Building • Retreat • March 5, 2012, Tour of FBI Regional Field Office • March 8, 2012,ARM Meeting Mayor Willson reported on his attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5,2012, Tour of FBI Regional Field Office 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:57 p.m. Motion passed unanimously. • • 03/12/12 -11- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 12, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:07 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth,TimeSaver Off Site Secretarial,Inc. CITY COUNCIL FACILITATED RETREAT UPDATE—CONTINUED • It was noted that consensus had been reached during the recent City Council facilitated retreat relating to strategic goals, desired outcomes, and success targets. The EDA/City Council discussed objectives requiring further discussion. Goal#1: 1. Reduce violent crime by 10% or more each year. 2. Reduce property crime by 10%or more each year. City Manager Curt Boganey displayed a chart depicting the Part I crime rate without theft (shoplifting). He explained one of the flaws with using a single indicator(Part I crimes)is that it includes eight types of crimes including shoplifting and murder so when you aggregate the crimes to a single number, it may not present the clear picture intended. Police Chief Kevin Benner advised of the crimes included in Part I crimes. Mr. Boganey raised the option of segregating out certain Part I crimes and look at Part II crimes, or those having the most significant impact on Brooklyn Center, and setting targets on particular crimes within those groups. Then the City can determine where to focus its resources and goals on those identified crimes. Mr. Boganey described options available for the EDA/City Council's consideration. Chief Benner noted in 2007 the City Council had decided to focus on violent crimes and that focus resulted in a substantial decline, as depicted in the crime rate chart. He recommended the • 03/12/12 -1- City now focus on simple assaults because the City has a disproportionate number of assaults and domestic violence, in addition to DWI enforcement to reduce that type of accident. • Councilmember/Commissioner Myszkowski supported focusing on burglary crimes, which is significant to Brooklyn Center. Councilmember/Commissioner Ryan commented on the potential upswing should a specific target be set that is low in incidents. He stated he has received complaints about people coming on the bus and committing burglaries in Brooklyn Center. Councilmember/Commissioner Kleven noted crime changes over times depending on the neighborhoods and changes in the law also increases the rate of apprehensive, such as with copper theft. She stated she is thrilled with the work of the Police Department. Councilmember/Comm is Toner Lasman noted as retail redevelopment occurs, more incidences of theft will be reported. She stated she wants to see measurable results in resident's safety and supported focusing on burglaries. Mayor/President Willson indicated he was looking for a decline in numbers across-the-board, creating a downward trend. Chief Benner advised that 500 of the City's larceny cases were shoplifting and during the last six months domestic assaults are down 40 percent because the Department has focused on repeat offenders. He also advised that the top arson incident in Brooklyn Center is the burning of • "porta-potties" and in recent months the majority of crimes were known, not being random in nature. Mayor/President Willson stated the Police Department has been doing an excellent job in Brooklyn Center and has a cooperative relationship between officers, staff, and individuals. Chief Benner thanked the EDA/City Council for its support. Mr. Boganey stated staff will analyze the data and return with possible success indicators that are more focused on Brooklyn Center than on a single measure. Goal#1: 3 Cit y survey results will reflect that all citizens feel safe walking alone at night The EDA/City Council agreed with the suggestion of Councilmember/Commissioner Lasman to broaden this survey question to include: "in the metro region" or "Do you feel less so in Brooklyn Center." Goal #2: 2 At least 80% of privately owned vacant commercial properties will complete development by 2016 redevelopment of these properties will commence by 2012 The EDA/City Council indicated it had been thought the economic recover would occur quicker but the City's Vacant Property Ordinance contains built-in incentives, which have resulted in • 03/12/12 -2- improved properties. Mr. Boganey indicated staff will provide data on how far the City is from • meeting the 2016 date. The consensus of the EDA/City Council was to leave this goal as stated pending additional staff input. Goal#3: 1. By 2013 the average residential sale price will stop declining The consensus of the EDA/City Council was that this goal is at the "mercy" of the real estate market,to leave this goal as stated, and review it again next year. Goal #4: Positively embrace the communit digraphic make-up and increasing cultural diversity The consensus of the EDA/City Council was to use staff recommended language. Goal #4: 2. All youth who desire will be productively engaged in recreational activities or educational programs The EDA/City Council discussed the wording of this goal and whether the City should provide programming to assure all youth are enabled or engaged. Agreement was reached that while a good philosophy,the City does not have funding for such monetary contributions but could work in partnership with other organizations, such as the school district. Mr. Boganey noted the • current wording leaves it open to all options, whether through City funding, grants, or working with partners. The consensus of the EDA/City Council was to leave this goal as stated. Goal #5: The traveling public will benefit from multi-modal transportation options fostered and provided by the City Mr. Boganey indicated the EDA/City Council's comments from the retreat related to safe transportation. The EDA/City Council acknowledged there was some resident displeasure with the current light rail route through Minneapolis and that it would be of great benefit for the City.to be on the light rail corridor. The consensus of the EDA/City Council was to reword this goal to indicate: "...benefit from safe multi-modal transportation..." NATIONAL LEAGUE OF CITIES SERVICE LINE PROGRAM Mr. Boganey introduced the item and requested the EDA/City Council's feedback if it wanted to become involved in the Service Line Program. • 03/12/12 -3- Councilmember/Commissioner Ryan stated this program has credibility since it was vetted through the National League of Cities and it would be up to property owners whether they want • to participate. He noted the probability of service line failure increases as homes age and most homes in Brooklyn Center are 50+ years. Public Works Director/City Engineer Steve Lillehaug concurred that older utilities result in more repairs. I Councilmember/Commissioner Lasman stated while she is not opposed, she was concerned with potential disadvantages as listed in the staff report. Councilmember/Commissioner Kleven expressed concern that should the resident not be satisfied with the repair,the City may be included in the complaint. Mr. Boganey noted the City is not providing the service but being asked to write a letter endorsing the program. It is the choice of each resident whether to participate. He noted one positive to participation is educating the public about this issue; however, there are other ways to accomplish education. Councilmember/Commissioner Ryan stated he shares the concern with Councilmember/ Commissioner Kleven that the City could be included in the blame should the repair not be satisfactorily completed. Councilmember/Commissioner Kleven asked whether the City would gain revenue through this program resulting in inclusion in a lawsuit. Mr. Boganey explained the City can receive a small fee or decide to not accept it and have that money become a discount to the person buying the • warranty, which would be his recommendation. Councilmember/Commissioner Kleven stated she has received several solicitations for this type of service. Councilmember/Commissioner Lasman asked about the cost of the mailings. Mr. Boganey indicated the company would pay for all mailings and does not require a certain percentage of participation. Mayor/President Willson stated he would not support the City accepting a royalty, which should tes the company would vet information indicates be conveyed to the residents as well. He noted the P Y and retain local professional contractors, customer satisfaction would be tracked, and contractors with low ratings would be removed from the list. Mayor/President Willson indicated it appears there is a good vetting process; however, he was uncomfortable with the City sending out the letter because it then looks like the City is involved or endorsing the program. He noted that that in 2010,48 homes out of the City's 7,000 homes could have used this service. Councilmember/Commissioner Myszkowski noted if the program works well, it could help many residents and some have financial issues. I • 03/12/12 -4- The EDA/City Council discussed the program and all expressed concern with the City endorsing • a private business and that residents may misinterpret the letter and think it is a mandatory program. Mr. Boganey suggested the EDA/City Council request a representative attend a future meeting to answer the EDA/City Council's questions. He indicated the City has to approve the letter and could ask whether a clear statement can be included indicating even though the City is endorsing this service,other similar services are available that residents may want to consider. Mr. Lillehaug advised that the program has been in existence for three years and in Minnesota, only the city of Buffalo uses this program. The majority consensus of the EDA/City Council was to request more information, a copy of the draft letter proposed to be mailed to residents, determine whether the City can change wording of the letter, and provide a solid estimate of the subscriber rate. BROOKLYN BRIDGE ALLIANCE FOR YOUTH UPDATE Mr. Boganey introduced the item and explained the Brooklyn Bridge Alliance for Youth, established by Mayor/President Willson and Brooklyn Park Mayor Lampi, has been in existence for three years. The Alliance has held discussion for several years, had several significant conferences, and developed a strategic plan as a first step toward action to provide quality opportunities for youth. Mr. Boganey indicated that to move that agenda forward, it will take • resources beyond existing staffing. He noted a draft budget has been prepared and, if approved, the Alliance would contact potential partners about their willingness to provide some funding. Mr. Boganey explained he thinks Brooklyn Center and Brooklyn Park will have to take the lead to demonstrate the value of the Alliance and ability to implement the strategic plan. If successful, he expects other partners to make larger contributions toward sharing the cost. Mr. Boganey asked the EDA/City Council whether it was willing to "kick-start" the project by making a contribution. Councilmember/Commissioner Lasman asked if it would be an annual or one-time contribution. Mr. Boganey stated it would be a two-year commitment, the same amount each year. He explained that two years is long enough for the Alliance to demonstrate its value and if successful, other partners should contribute to a greater degree. In addition, there are grant opportunities to make it less expensive. Councilmember/Commissioner Kleven asked about the budget for salary. Mr. Boganey indicated a large part of the budget is salary for a part-time position of$60,000 plus $100,000 for a full-time position. He estimated a budget range of$200,000 up to $350,000 when all elements of the plan are in place. The minimum budget would be $150,000 to $170,000 including about $75,000 as salary. Mayor/President Willson noted when the EDA/City Council first started talking about this,it was a hard sell for Brooklyn Center to be part of the Alliance but now the EDA/City Council has seen • 03/12/12 -5- the benefit. He restated that if Brooklyn Center is part of this effort, it should be as an equal partner. • Councilmember/Commissioner Lasman stated a $25,000 contribution with a two-year commitment is very appropriate and that Brooklyn Park contribute a higher level because it has more youth. Councilmember/Commissioner Lasman agreed with the need to do something for youth and this is a good effort. She stated if this effort is successful, she would then be willing to consider additional contributions. Councilmember/Commissioner Myszkowski stated it always seems like Brooklyn Center is the "step sister" and if the City became the lead in the effort, it would be noticed. She indicated these partnerships need a jump start and she supports participation by Brooklyn Center because it is desperate out there for the City's youth. Councilmember/Commissioner Myszkowski stated she had intended to congratulate the "A List" that was started by two university students who created a business plan for at-risk youth to run their own business and got a grant to fund it. She indicated she wants to be conservative but believed the City's youth were worth this contribution. Councilmember/Commissioner Lasman felt with a $25,000 contribution, Brooklyn Center would be an equal partner with Brooklyn Park. Councilmember/Commissioner Kleven agreed and stated she supports contributing $25,000. Councilmember/Commissioner Ryan stated he assumes Mr. Boganey's recommendation of • $25,000 is shaped by what the City can do but if Mr. Boganey suggests it is strategically to the City's advantage to increase the amount, he is willing to consider it. Mr. Boganey stated there is clear EDA/City Council consensus to contribute to kick start the program with the majority supporting $25,000 and some willing to contribute more. He stated he will look at the budget, find out the position of other partners, and bring back a report and recommendation for the EDA/City Council's consideration. BROOKLYNS YOUTH COUNCIL REQUEST—COUNCILMEMBER RYAN Councilmember/Commissioner Ryan requested EDA/City Council discussion on the best way to more forward in terms of formalizing a working relationship between the Brooklyns Youth Council and Brooklyn Center City Council. He indicated he had offered the Brooklyns Youth Council two options: 1.) Schedule Brooklyns Youth Council representatives to address the City Council at Open Forum or Work Session; or, 2.) Authorize a volunteer citizen commission to research issues in the City and bring recommendations to the EDA/City Council. Councilmember/Commissioner Ryan indicated they chose to pursue the second option of a volunteer citizen commission. Councilmember/Commissioner Kleven noted the Brooklyns Youth Council meets on the first Monday so there may be need for them to adjust their meeting date. She indicated that 16 members were at the meeting she attended with Councilmember/Commissioner Ryan. • 03/12/12 -6- • Councilmember/Commissioner Lasman asked whether this "volunteer citizen commission" would be formally recognized by the City or an informal liaison appointment. Councilmember/Commissioner Ryan suggested consideration of a commission operated on an ad-hoc basis. Councilmember/Commissioner Myszkowski asked what the Brooklyn Park City Council had decided and indicated she is excited about this opportunity,which will give the youth a voice.. Councilmember/Commissioner Lasman noted the Brooklyns Youth Council will need to understand that the City Council's meeting schedule would take priority if there is a conflict. Councilmember/Commissioner Myszkowski stated the Brooklyns Youth Council has a van to pick up youth so they can attend the meeting so it may be difficult to change a meeting night. The consensus of the EDA/City Council was to direct staff to draft a resolution to formalize the creation of an ad-hoc commission with the Brooklyns Youth Council for a two-year term and appoint Councilmember/Commissioner Ryan to attend as the EDA/City Council's liaison and address scheduling if a conflict arises. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at • 10:58 p.m. Motion passed unanimously. • 03/12/12 -7- City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: March 20, 2012 • TO: Curt Bo ane City Manager g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its March 26, 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 Air&Furnace Care, Inc. 410193 d Avenue N, Brooklyn Park Air Mechanical, Inc. 16411 Aberdeen Street NE,Ham Lake B &D Plbg, Htg&A/C 4145 MacKenzie Court, St. Michael Central Heating& Cooling, LLC 26009 Nightingale Street NW, Isanti Corporate Mechanical 5114 Hillsboro Avenue N,New Hope Corval Constructors, Inc. 1633 Eustis Street, St. Paul D J's Heating &Air 6060 LaBeaux Avenue NE,Albertville Do Pham Inc. 10709 Foley Boulevard, Coon Rapids Forced Air, Inc. (dba Wenzel Htg) 4145 Sibley Memorial Highway, Eagan Genz-Ryan Plbg&Htg 2200 W Highway 13, Burnsville Golden Valley Heating 5182 West Broadway, Crystal Gorham Oien Mechanical, Inc. 841 Forest Avenue E,Mora, Harris Companies 909 Montreal Circle, St. Paul Home Energy Center 2415 Annapolis Lane, Plymouth Jay Hawk Mechanical 3307 N 2nd Street, Minneapolis Kath HVAC 3096 Rice Street, Little Canada Knott Mechanical, Inc. 3051 220th Street E, Prior Lake Little Igloo HVAC Inc. 1829 135th Avenue NW, Andover MacDonald Heating&Air 11848 305d'Avenue,Princeton Metropolitan Mechanical Contractors 7450 Flying Cloud Drive, Eden Prairie Minnesota Petroleum Service 682 39th Avenue NE, Minneapolis Practical Systems 4342B Shady Oak Road, Hopkins Quality Refrigeration 6237 Penn Avenue S, Richfield Riccar Heating&A/C 2387 Station Parkway NW,Andover River City Sheet Metal, Inc. 8290 Main Street NE,Fridley • Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Mission:Ensuring an attractive,clean,safe community that enhances the quality of fife and preserves the public trust COUNCIL ITEM MEMORANDUM Royalton Heating&A/C 4120 85th Avenue N, Brooklyn Park Sabre Heating&A/C 15535 Medina Road, Plymouth • Schadegg Mechanical, Inc. 225 Bridgepoint Drive, So. St. Paul Sedgwick Htg&A/C 1408 Northland Drive, Mendota Heights Standard Heating&A/C 130 Plymouth Avenue N, Minneapolis Thermal Engineering P.O.Box 309, Rockford UHL Company, Inc. 9065 Zachary Lane N, Maple Grove RENTAL See attached report. SIGN HANGER Topline Advertising 11775 Justen Cir,Maple Grove • • Mission:Ensuring an attractive,clean,safe community that enhances the quality of lift and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 i 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 z Type II—2 Year 1-2 units Greater than 1 but not more than 4 7S�;, t'u, �nl�Xe �l1ari 1.5 NEW Type III— 1 Year 1-2 units Greater than 4 but not more than 8 Type IV—6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 5 or more units 0-0.35 • Decrease 1 1-2 Greater than 1 but not more than 3 Category4' its �ra� 0 'S ut not_nore.tan 1 , 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 1 • Mission:Ensuring an attractive,clean,safe community that enhances the duality of life and preserves the public trust P � ert Fm�l r p Y Pr ©vrfili�hg Renewal .. : Cocl heense Police License License Pro p, rty Addy ss Tube...,. or Initial Owner Ujtilation ! Type; CFS* Type,;* TYpe,***^ 382461st Ave N Single Family Initial David Upton 0 II N/A II 2900 67th Ln N Single Family Initial Dolores Fischer 0 it N/A li � tw 1605 68th Ln N Single Family Initial Pervej Alam 0 II N/A II 5422 72nd Cir Single Family Initial Denise Michaelides 0 II N/A II 6800 Orchard Ave N Passed w/Weather Deferral Single Family Initial Prosperous Property Inc. 2 II N/A II 3000 Quarles Rd Single Family Initial Mary Ann Preble 5 III N/A III m L 2802 Northway Dr 21 Bldgs 79 38 Gateway Commons 252 Units Renewal Gary Brummer .31/Unit I .15/Unit I N/T 6100 Summit Dr 1 Bldgs 29 4 Earle Brown Terrace Apts 140 Units Renewal Lang Nelson Associates .21/Unit I .03/Unit i N/T 4703 68th Ave N Single Family Renewal Bernard McDonough 3 11 0 II N/T 4100 61st Ave N Passed w/Weather Deferral Single Family Renewal Emmanual Coker 2 II 0 II N/T 280166th Ave N Single Family Renewal Prosperous Property Inc. 0 I 1 0 1 IV 140172nd Ave N Single Family Renewal Chad Tesmer 0 1 0 1 N/T 3901 Burquest La Passed w/Weather Deferral Single Family Renewal Edwin Ngang 5 111 0 III N/T 5825 Colfax Ave N Single Family Renewal Brahana Tsegaye 4 II 0 II IV 6207 Colfax Ave N Passed w/Weather Deferral Single Family Renewal Long Yang 1 I 1 0 1 IV 6800 Dupont Ave N Passed w/Weather Deferral Single Family Renewal Yi Lin 8 III 0 III IV 6020 Emerson Ave N Passed w/Weather Deferral Single Family Renewal Chad Tesmer 2 II 0 II IV 5755 Humboldt Ave N Single Family Renewal Toan Truong 3 II 0 11 N/T 3306 Quarles Rd Single Family Renewal John and Sonja Simpson 0 1 0 1 N/T 6830 Scott Ave N Single Family Renewal Chou Thao 1 1 0 1 III 6448 Willow La N Single Family Renewal Dragon Property Management 0 I 0 1 N/T 6500 Willow La N ISingle Family I Renewal I Dragon Property Management 1 0 I 1 0 I 1 N/T *CFS=Calls For Service for Renewal Licenses Only(Initial Licenses are not applicable to calls for service and will be listed N/A.) I ** Final License Type ***Initial licenses will not show a previous license type;N/T indicates No Type since it was under the previous 2-year rental li. All properties are current on utilities and property taxes Type I=* Type 11=2 year Type III=1 year • • • City Council Agenda Item No. 6c • Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL AMPHITHEATER AND ACCEPTING CONDITIONS WHEREAS, the Brooklyn Center Centennial Memorial Amphitheater Committee has designed, and raised funds for, an amphitheater to be constructed in Centennial Park and referred to as the Centennial Memorial Amphitheater; and WHEREAS, the City of Brooklyn Center (the "City")has received funds, and will receive additional funds in the future,both directly from individual and corporate donors and indirectly through the Centennial Memorial Amphitheater Committee; and WHEREAS, such contributions have been and will be given on the condition that they be used for design and construction of the amphitheater and that if funds are not so used, they will be returned to the donors, unless the donors consent to the use of the funds for some other purpose; and • WHEREAS,the City is authorized by Minn. Stat. § 465.04 to receive and accept gifts and contributions for the use and benefit of the City and its inhabitants, upon terms and conditions approved by the Council, and is authorized to comply with and perform such terms and conditions; and WHEREAS, the Council finds that construction of the proposed amphitheater would build civic and community pride, provide a site for wholesome family recreational, social and artistic activities, and would benefit the public health, safety and welfare of the inhabitants of the City; and WHEREAS, the Council finds and determines that the conditions set by the donors that funds be used by the City for the amphitheater or returned to the donors is fair and reasonable, and that acceptance of the donations on such terms, and compliance with such terms by the City, is reasonable and in the best interests of the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA RESOLVES AS FOLLOWS: 1. Funds received by the City for the purpose of design and construction of the Centennial Memorial Amphitheater received in the past, and to be received in the future, are accepted, with gratitude, by the City Council. 398845v1 CLLBR291-11 1 2. The funds so contributed will be used for the design and construction of the Centennial Memorial Amphitheater and for no other purpose, and funds not so used shall be • returned to the donors. 3. City Manager and staff are authorized and directed to take such steps as are necessary to accept and account for such funds to assure that they are used for the purposes granted, in compliance with the condition under which the funds were donated. Adopted by the City Council of the City of Brooklyn Center this day of 2012. Tim Willson, Mayor ATTEST: Sharon Knutson, 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 passed and adopted. I 398845v1 CLLBR291-11 2 • City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM • DATE: March 20, 2012 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Northwest Metro Drug Task Force Joint Powers Agreement Recommendation: It is recommended that the City Council consider adoption of the Northwest Metro Drug Task Force (NWMDTF) Joint Powers Agreement. The purpose of this agreement is to work cooperatively with other agencies within Hennepin County in the enforcement of narcotic laws. Background: The Northwest Metro Drug Task Force was formed to address narcotic-related crimes within the north metropolitan area. By partnering with neighboring agencies in Hennepin County, officers are able to share intelligence and work together to identify and address sophisticated drug networks. Currently, this task force includes officers from Golden Valley, Plymouth, Crystal, Robbinsdale,New Hope, and the Hennepin County Sheriff's Department. The Northwest Metro Drug Task Force has been operating successfully for over twenty years. • The City of Brooklyn Center has not been a member of any drug task force since June of 2007, when the drug task force officer was transferred to the Hennepin County Violent Offender Task Force. A review of police staff resources and drug-related crimes shows the return to an organized drug task force will be of great benefit to Brooklyn Center. Budget Issues: There will be no requests for increased police staffing. The position of a task force officer will be drawn from existilqg staff. All operational expenses will be drawn from the task force forfeiture funds to include all overtime. There will be no increase in costs to Brooklyn Center for this recommendation. Council Goals: Strategic: 1. We will ensure a safe.and secure community Ongoing: 1. We will provide streamlined,cost effective, quality services with limited resources is Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE NORTHWEST METRO DRUG TASK FORCE JOINT POWERS AGREEMENT WHEREAS, it has been proposed that the City adopt the Northwest Metro Drug Task Force Joint Powers Agreement; and WHEREAS, Northwest Metro Drug Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Northwest Metro Drug Task Force officers can extend the range of intelligence to better prevent sophisticated drug distribution networks and enforce control substance laws. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief be and hereby is authorized to accept and implement the proposed Northwest Metro Drug Task Force Joint Powers Agreement. March 26, 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. • NORTHWEST METRO DRUG TASK FORCE AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. The parties desire to work cooperatively in the enforcement of controlled substance laws and, for that purpose, are hereby forming the Northwest Metro Drug Task Force as a j oint powers entity. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes, §471.59. The undersigned Governmental Urrits,in the joint and mutual exercise of their powers,agree as follows: 1. Name. The name of the joint powers entity shall be the Northwest Metro Drug Task Force. (NWMDTF). 2. Definitions: a. Agent—means a peace officer, employed by a member, who is assigned to the Task Force. b. Board—means the governing board of the Task Force. C. Fiscal agent—means a governmental unit that is a member of the Task Force and is responsible for the administration of financial and accounting functions for the Task Force. d. Member—means a governmental unit that is a signatory to this agreement. e. Task Force—means the Northwest Metro Drug Task Force, 3. Members. The initial members of the Task Force are the following Governmental Units: City of Crystal City of Golden Valley City of Hopkins City of New Hope City of Plymouth i City of Robbinsdale City of St. Louis Park 3.1 The members shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The members agree to act in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 4. Term. 4.1 The term of this Agreement shall be for three years, commencing September 1, 2006 and terminating August 31, 2009, unless terminated earlier pursuant to section 5.7(c) of this Agreement. This Agreement shall be automatically extended for successive three-year terms upon the same terms, conditions, and covenants, unless the Task Force is .dissolved prior to expiration of the initial or successive term. 4.2 Upon dissolution of the Task Force, the board shall provide for the distribution of all Task Force fluids and assets in the following manner: (1) The board may determine to sell and liquidate non-monetary assets prior to distribution; (2) Only governmental units that have been members of the Task Force continuously for the 24 months immediately preceding dissolution shall be entitled to share in the distribution; and (3) Assets and funds shall be distributed in proportion to the full-time staffing contributions of each member to the Task Force during the 24 months irmnediately preceding dissolution, determined by the full time equivalent contributions of each member for each of the 24 months immediately preceding dissolution. Property owned by members shall be returned to the members upon dissolution. A member whose membership terminates prior to dissolution of the Task Force is entitled to the return of its own property, but is not entitled to any share or portion of Task Force funds or assets. 5. Governing Board. 5.1 The Task Force shall be governed by a governing board. Members of this board will be known as "Directors." The Cluef Law Enforcement Officer from each member, or his or her designee, shall serve as a Director. There shall also be one Director representing the 2 i I I I i Hennepin County Attorney's office, who shall not vote in any matters before the Governing Board 5.2 Directors shall not be deemed employees of,nor compensated by the Task Force. 53 The Board will elect a chair. The Chair shall have no more power than any other Director except that the Chair shall: give notice of meetings when scheduled or otherwise called; call meetings to order and provide for their orderly and efficient conduct; provide for the preparation of minutes; and, when authorized by the passage of a motion by board, execute contracts, agreements,reports, filings,and other documents on behalf of the Task Force. 5.4 The Board will delegate operational control over activities to a Task Force Commander, 5.5 The Board will delegate financial and administrative oversight to a Task Force Coordinator, who shall be an employee of the member then seining as the fiscal agent for the Task Force. 5.6 The Board shall meet on a quarterly basis or more frequently as needed. A meeting may be called by any Director, or the Task Force Commander. 5.7 It shall require the affirmative vote of at least 70%of all members to: (a) Approve or amend the budget; (b) Approve the expenditure or distribution of Task Force funds; or to (c) Abolish or dissolve the Task Force. In all other matters, the Board may take action based on the vote of a simple majority. A quorum shall exist, and votes may be taken,if a majority of the Directors or their designees are present. 5.8 The Board may apply for and receive grants, and enter into contracts, including agreements for the purchase and rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and consistent with its powers. 5.9 The Board may recommend changes in this Agreement to its members. 5,10 The Board may receive real or personal property by grant, devise, or bequest for the use of the Task Force, 6. Powers and Duties of the Task Force. 6.1 To accomplish the objectives herein, all Task Force members shall assign at least one peace officer licensed pursuant to Minnesota Statutes, § 626.84, subd.1,to the Task Force. 3 6.2 A typical assigmnent to the Task Force should be for a minimum period of one year. jl However, assignments shall be at the pleasure of both the Task Force Board and the officer's employing agency and may be terminated at any time. 6.3 The Task Force Commander will direct investigative activities based on intelligence provided by the Task Force members with priority given to case investigations that directly impact the members' communities. ° 6.4 While assigned to the Task Force, all personnel shall be under the direct supervision and control of the Task Force Commander or his or her designee. The Task Force Commander's duties shall include,but not be limited to: (a) Guiding and directing the activities of personnel assigned to the Task Force; (b) Establishing goals,priorities, and work assignments; (c) Reviewing and approving reports; (d) Scheduling assigned personnel; (e) Providing input on employee evaluations, if requested; and, (f) Allocating overtime work,if necessary, 6.5 The Task Force Commander may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 6.6 The Governmental Unit serving as the Fiscal Agent shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) The financial condition of the Task Force; (b) The status of all Task Force projects; (c) The business transacted by the Task Force; (d) Quarterly financial report; (e) Other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Task Force members may not incur obligations or approve contracts that extend beyond the term of this Agreement or which will require the expenditure of funds in excess of funds available. 4 i 6.9 Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting one of the members as the agent,representative or employee of another member for any purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of the members shall not be considered temporary or permanent employees of any other member for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation,re-employment insurance,medical and hospital care, sick and vacation leave, severance pay,PERA or any other right or benefit of another member. 6.10 The members acknowledge that it is their sole responsibility to provide all salary compensation and fringe benefits to their employees. Benefits may include, but are not limited to: health care, disability insurance, life insurance, re-employment insurance, FICA, Medicare, and PERA. 7. Insurance and Indemnification. 7.1 The Task Force will maintain liability coverage with the League of Minnesota Cities Insurance Trust with a limit of at least$2,000,000 per occurrence,under standard LMCIT liability coverage forms. Alternatively,the Task Force may maintain equivalent private liability insurance coverage. Such coverage may be provided through separate policies for commercial general liability and law enforcement liability. Such private liability insurance policies must comply with the following requirements: • Each policy shall have a limit of at least$2 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than $2,000,000. • The CGL insurance shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury,and contractually-assumed liability. • Each member, and each member's officers, employees, and volunteers, shall be named as additional covered parties on each policy for all claims arising from Task Force activities or operations. 5 I 7.2 The Task Force may in its discretion procure coverage for auto liability and damage to or loss of property. If the Task Force at any time hires employees, it will immediately acquire and maintain workers' compensation coverage. 7.3 The Task Force agrees to defend and indemnify its members for any liability claims arising from Task Force activities or operations, and decisions of the Task Force Board. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Mimnesota Statutes Chapter 466 or a waiver of any available immunities or defenses, and the limits of liability under Minnesota Statutes Chapter 466 for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 7.4 Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 7.5 Any excess or uninsured liability shall be borne equally by all the members,but this does not include the liability of any individual officer,employee,or volunteer which arises from his or her own malfeasance,willfuul neglect of duty, or bad faith. 7.6 Each member shall be responsible for injuries to or death of its own personnel. Each member will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are assigned to the Task Force or are otherwise participating in or assisting with Task Force operations or activities. Each member waives the right to,and agrees that it will not,bring any claim or suit against the Task Force or any other member for any workers' compensation benefits paid to its own employee or dependents,that arise out of participation in or assistance with Task Force operations or activities,even if the injuries were caused wholly or partially by the negligence of any other member or its officers, employees, or volunteers. 7.7 Each member shall be responsible for damages to or loss of its own equipment. Each member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other member for damages to or loss of its equipment arising out of participation in or assistance with Task Force operations or activities, even if the damages or I 6 i losses were caused wholly or partially by the negligence of any other members or its officers, employees,or volunteers. 7.8 All insurance policies and certificates required under this agreement shall be open to inspection by any member and copies of the policies or certificates shall be submitted to a member upon written request. 8. Finances. 8.1 Task Force operations will be financed from grant funds, drug forfeitures, and any funds voluntarily contributed by any member. Members will provide officers to be assigned to the Task Force but will not otherwise be required to provide funds without the prior amendment of this Agreement. 8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force members or otherwise received by the Task Force, and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with generally accepted accounting principles. In conjunction therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and expenditures of Task Force funds in accordance with generally accepted accounting principles. It shall also produce quarterly financial and statistical reports which shall be disseminated to all Directors and the Task Force Commander, The Task Force shall maintain all such reports and related records for a period of six(6)years after dissolution of the Task Force. 8.3 The Board shall approve an annual operating budget for the Task Force. The Board may amend the budget as necessary. 8.4 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. In no event shall there be an expenditure of Task Force funds except in accordance with the approved budget. 8.5 The Board may in its discretion make partial reimbursements to members for wages the members have actually paid to their personnel for service to the Task Force. In making such reimbursement,the Board shall determine a gross amount to be paid, and the reimbursement shall be distributed in proportion to the full-time staffing contributions of each member to the Task Force during the 12 months immediately preceding the Board's decision to make 7 reimbursements, determined by the full time equivalent contributions of each member for each of the 12 months immediately preceding the Board's decision to make reimbursements. 8.6 The Board may not incur debts. 9, Agents. 9.1 Each member shall assign licensed peace officers to serve on the Task Force as agents. Assignments for the year 2007 are as follows: City of Crystal 1 FTE City of Golden Valley 1FTE City of Hopkins 1FTE City of New Hope 1FTE City of Plymouth 1FTE City of Robbinsdale 1 FTE City of St. Louis Park 1FTE For each subsequent year, each member will advise the Board, prior to October 1", of the number of employees that the member will provide in the subsequent calendar year. 9.2 All agents assigned to the Task Force shall comply with the policies and rules adopted by the Task Force Board. In areas where the Task Force Board has not adopted a policy or rule, then personnel assigned to the Task Force shall comply with the policies and rules promulgated by their employing agency. The Task Force Commander, or his or her designee, shall refer disciplinary matters or other instances of misconduct involving an Agent to the Agent's Chief Law Enforcement Officer for investigation, referral, or disposition. However, nothing herein shall be construed to prevent the Task Force Commander from reporting suspected criminal conduct directly to an outside agency for investigation. 9.3 Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents may also assist other Agents in surveillance and undercover operations. Task Force Agents will work cooperatively with assisting agencies. Agents acting under this Agreement in the jurisdiction of another member are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. i 8 C 10. Forfeiture,Seizures and Fines. All proceeds generated by Task Force operations shall be i returned to the Task Force. When the Task Force seizes property or funds in cooperation with other law enforcement agencies, the Task Force Commander and Task Force Coordinator will negotiate the distribution of the forfeited funds with those agencies. 11. Additional Members and Change in Membership. 11.1 A governmental unit may join the Task Force and become a member upon approval by the Board of Directors and execution of a copy of this Agreement by its governing body. 11.2 The Board of Directors may involuntarily terminate a member if that member has failed to provide a minimum of one officer to staff the Task Force for more than 12 consecutive months. 113 In any case in which a city identified in paragraph 3 joins the Task Force after the effective date of this agreement or any other governmental unit joins the Task Force pursuant to paragraph 11.1, contributions by and reimbursement to such members shall be equitably determined and adjusted by the Board to reflect the participation by that member for less than one full year. The decision of the Board shall be final. 11.4 A member may, upon ninety (90) days' written notice to all other members, withdraw and cancel its participation in this Agreement. 12. Counterparts. This agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, § 471.59. 9 NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the �J t day of '.2006. City of Golden Valley Approved as to form a e J By: 7'l Golden Valley City Attorney is Mayor And: Its City Man 'I 10 NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF ROBBINSDALE The Robbinsdale City Council duly approved this Agreement on the 15th day of August 2006. City of Robbinsdale Approved as to form and legality: By: Robbinsdale City Attorney Its Mayor And: a-c Its City_Manager-. (signatures continued on the following page) 15 NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF CRYSTAL The Crystal City Council duly approved this Agreement on the day of 2006, City of Crystal Approved as to form an legali BY Crystal City Attorney Its May And; s ty Adm istrat (signatures continued on the following page) 10 f i NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF NEW HOPE The New Hope City Council duly approved this Agreement on the 28th day of August ,2006. City of New Hope Approved as to form and ality: By: New Hope City Attorney Its Mayor And4ltfts �AdAdrdstrator (signatures continued on the following page) 13 i NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY or ST.Louis PARK The St. Louis Park City Council duly approved this Agreement on the day of 2006. City of St. Louis Park A Uroved as to form a lity: By; Me t. Louis Park City Attorney I y r A . City AZhinistrator i i l� I NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF HoPKINS The Hopkins City Council duly approved this Agreement on the r5 day of Auyus� ,2006. City of Hopkins Approved as to form and legality: By: Hopkins City Attorney I a r And: Its City Administrator (signatures continued on the following page) 12 it NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF PLYMOUTH The Plymouth City Council duly approved this Agreement on the Z- day of A•,��5� ,2006. City of Plymouth Ap as to form 1 legality _ By _ Plymouth Attorney I s ay r And: Its dity Manager (signatures continued on the following page) 14 i I I NORTHWEST METRO DRUG TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the( day of 0 2012. City of Brooklyn Center Approved as to form And legality: d ✓ �-- By: L°rsZ�rti Brooklyn Center City Attorney Its Mayor And: Its Ci Hager City Council Agenda Item No. 6e TO: Mayor and Councilmembers FROM: Curt Boganey,City Manag^ DATE: March 20, 2012 SUBJECT: Resolution accepting the executive summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2012 Leadership Planning Team Building Retreat and adopting a Mission Statement, Values Statement and Goals Program Recommendation: It is recommended that the City Council consider adoption of the subject resolution. Background: On March 3, 2012 the City Council and Department Heads met in a full day Leadership- Planning-Team Building Retreat at the Earle Brown Heritage Center. The facilitator was Don Salverda and Associates of Roseville, Minnesota. Havin g m s b document received and reviewed the Executive Sum it i believed that this d ment accurately reflects the discussion and consensus reached by the City Council at the retreat. Included in the summary is the agreed upon Mission Statement, Values Statement and Goals Program. The Council has adopted the Strategic Plan derived from the retreat and committed to implementation of this plan. Adoption of the resolution accepts the report as submitted and confirms the Mission, Values Statement and Strategic Goals which will continue to guide the direction of the City and staff as it pursues the policies of the City Council Fiscal Issues: The adoption of this resolution will have no immediate fiscal consequences. It is fair to say that the implementation of the necessary strategies will have budgetary implications in the future. C: • Councilmember introduced the following resolution and moved its adoption: • CITY COUNCIL RESOLUTION NO. RESOLUTION ACCEPTING THE EXECUTIVE SUMMARY FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS 2012 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND ADOPTING A MISSION STATEMENT, VALUES STATEMENT AND GOALS PROGRAM WHEREAS,the Brooklyn Center City Council and department heads met on March 3, 2011 in a leadership planning and team building retreat facilitated by Mr.Donald Salverda ;and WHEREAS,the City Council after receiving input from the management team has decided upon the City Mission Statement, Statement of Values and 2012 Goals Program; and WHEREAS,these statements of City Policy shall serve as a guide and direction to the City Manager and his staff as they conduct the business of the City; and WHEREAS,the City Council is commits itself to the adherence to these Statements and all reasonable efforts in 2011 and beyond toward the achievement of these goals • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the executive summary from the March 3, 2012 Leadership Planning and Team Building Retreat is accepted and the Mission Statement,Values Statement and 2011 Goals are officially approved and adopted. Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon,the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2012-45 Donald Saiverda & Associates Roseville Professional Center•Suite 62o • 2233 N. Hamline Avenue Roseville,MN 55113(651)484-1335 THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2012 LEADERSHIP - PLANNING TEAM BUILDING RETREAT EXECUTIVE SUMMARY RESOLUTION NO. 2012-45THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2012 LEADERSHIP— PLANNING —TEAM BUILDING RETREAT TABLE OF CONTENTS Page IINTRODUCTION .............................................................................. 1 II INTRODUCTORY REMARKS ............................................................. 2 III COMMUNICATION ENHANCEMENT ................................................... 3 IV REVIEW OF PROGRESS.................................................................... 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED ......................... 4 VI THE CITY'S MISSION AND VALUES STATEMENTS................................ 4 VII CHANGES AND EXTERNAL FORCES THAT ARE EXPECTED TO IMPACT THE CITY .............................. . .... ........................... 4 VIII ISSUES AND OPPORTUNITIES FACING THE CITY ..... ..............:............. 4 . IX THE CITY'S ONGOING AND STRATEGIC GOALS (PROPOSED)................. 5 X THE DESIRED OUTCOMES FOR EACH OF THE CITY'S GOALS................. 5 XI THE SUCCESS TARGETS FOR EACH OF THE CITY'S GOALS AND DESIRED OUTCOMES................................. .............................. 5 XII ACTION PLANS TO ACHIEVE THE GOALS AND DESIRED OUTCOMES...... 5 XIII WORKING AS A TEAM—UNDERSTANDING WORK BEHAVIOR STYLES....... 5 XIV ROLES AND RESPONSIBILITIES ............................................................ 6 XV EXPECTATIONS AND CONTRIBUTIONS................................................... 6 XVI ORGANIZATIONAL CLIMATE QUESTIONNAIRE........................................ 6 XVII CLOSING REMARKS ............................................................................ 6 XVIII EVALUATION OF THE RETREAT AND PARTICIPANT COMMENTS.............. 7 XIX RECOMMENDED FOLLOW-UP ACTIONS .................................................. 7 ATTACHMENTS ...................................................................... ........... 8-3 7 RESOLUTION NO. 2012-45 THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2012 LEADERSHIP- PLANNING - TEAM BUILDING RETREAT INTRODUCTION The council members, city manager, and department heads of the City of Brooklyn Center held a Leadership — Planning — Team Building Retreat on March 3, 2012. The retreat was held at the Earle Brown Conference Center in Brooklyn Center. The retreat facilitator was Don Salverda, President of Donald Salverda and Associates of Roseville, Minnesota. Participants at the retreat were: Tim Willson Mayor Kay Lasman Council Member Dan. Ryan Council Member Carol.Kleven Council Member Lin Myszkowski Council Member Curt Boganey City Manager Vickie Schleuning Assistant City Manager& Director of Buildings & Community Standards Gary Eitel Director of Business and Development Lee Gatlin Fire Chief Kevin Benner Police Chief Dan Jordet Finance Director Jim Glasoe Director of Community Activities and Recreation Services Steve Lillehaug Public Works Director and City Engineer 1 RESOLUTION NO. 2012-45 The primary objectives of the retreat were: 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 targets 4) To discuss changes and forces that are likely to impact the city 5) To develop updated consensus on issues and opportunities facing the city (1 —3 year perspective) 6) To develop an updated goals program for the city (1 —3 year perspective) 7) To review the roles, responsibilities and expectations of the city's leadership team 8) To enhance communication, working relationships, and develop renewed team spirit among participants 9) To discuss ways that the council and staff can improve their overall effectiveness tveness 10) To be both educational and enjoyable This report summarizes the results of the retreat and includes recommendations for follow-up actions to be taken. If INTRODUCTORY REMARKS Mayor Tim Willson welcomed participants to the retreat. He said that past retreats have gone well. He said the city is moving in the right direction and has a good track record of improvements and redevelopment. He acknowledged the good job that the staff is doing and the positive morale at City Hall. He welcomed the city's newest council member, Lin Myszkowski, to the retreat. City Manager Curt Boganey also welcomed participants to the retreat. He also said that previous retreats have gone well and provide the staff with direction from the council. The council and staff need to be on 'the same page.' He stressed the importance of having positive working relationships. He then introduced the retreat facilitator, Don Salverda. 2 RESOLUTION NO. 2012-45 III COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated that one of the objectives of the retreat was to integrate the new council member, Lin Myszkowski, onto the leadership team. He said that effective teams have three things in common: _goals, clarified roles and responsibilities and positive working relationships built on communication and trust He also said that effective teams normally progress through four stages: forming, storming, norming and performing. The first activity began the communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city and expectations for the retreat. The group discussions, refreshment breaks, and luncheon provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenges Facing the City and Expectations for the Retreat IV REVIEW OF PROGRESS The next activity focused on a Review of Progress being made during the last year. It was agreed that considerable progress has been made in a number of areas. Participants listed numerous successes, discussed problems that have been encountered and lessons that have been learned. Participants agreed that despite the numerous successes, there is room for improvement. See attachment B-1 for the Review of Progress being made Participants also discussed four questions pertaining to the city: Qi What's working well? Q2 What's not working well? Q3 What's the city not doing that it should be doing? Q4 What's the city urrent) doing i ? y y g that it should not be doing? See attachment B-2 for the Responses to the Questions 3 RESOLUTION NO. 2012-45 V LEADERS AND MANAGERS ARE BEING CHALLENGED The facilitator provided information on leadership, pointing out that leaders and managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff are faced with the dilemma of meeting increasing service needs with limited funding capability. It was pointed out that in year 2012 and beyond increased emphasis is being placed on individual leadership and leadership development within organizations. VI THE CITY'S MISSION AND VALUES STATEMENTS The Mission Statement is a statement that describes the organizations overall purpose and reason for existing. Participants reviewed the City's Mission Statement and offered a minor revision. The Values Statement defines the core values that guide the day-to day activities of the City's personnel. Participants reviewed the City's Values Statement and offered a minor revision. See Attachment C for the City's Mission and Values Statements And Proposed Revisions VII CHANGES AND EXTERNAL FORCES THAT ARE EXPECTED TO IMPACT THE CITY Participants discussed changes and external forces that are expected to impact the city in the next five years. See Attachment D for the Listing of Changes and External Forces That Are Expected to Impact the City VIII ISSUES AND OPPORTUNITIES FACING THE CITY Participants identified a number of issues and opportunities facing the city. The list provides a fresh update and consensus on issues to be addressed by the city. See Attachment E for the Listing of Issues and Opportunities l=acing the City 4 RESOLUTION NO. 2012-45 IX THE CITY'S ONGOING AND STRATEGIC GOALS (PROPOSED) The identified issues and opportunities were then converted into a "Proposed Goals Program." The goals program includes five ongoing and eight strategic (1- 3 year) goals. The proposed goals program updates the goals program adopted in 2011. See Attachment F for the Proposed Goals Program X THE DESIRED OUTCOMES FOR EACH OF THE CITY'S GOALS City Manager Curt Boganey reviewed the desired outcomes and success targets for the 2011 goals. The staff, under the guidance of the city manager, will develop updated desired outcomes for each of the city's 2012 goals and present the proposed outcomes to the council. XI THE SUCCESS TARGETS FOR EACH OF THE CITY'S GOALS AND DESIRED OUTCOMES The staff, under the guidance of the city manager, will develop updated success targets for each of the city's 2012 goals and desired outcomes and present the updated success targets to the council. XII ACTION PLANS TO ACHIEVE THE GOALS AND DESIRED OUTCOMES The final piece of the City's updated strategic plan is the development of action plans to achieve the goals and desired outcomes. These action plans will align and guide the City's work force in meaningful activities leading toward goal and desired outcome achievement. These action plans will be developed by the staff under the guidance of the city manager. XIII WORKING AS A TEAM — UNDERSTANDING WORK BEHAVIOR STYLES Much of effective leadership and team success is understanding and working with various personalities and behavior styles. By identifying behavior styles and understanding the differences in styles, hopefully increased communication, harmony, teamwork and productivity will result. Participants briefly reviewed the work behavior styles of the leadership team. 5 RESOLUTION NO. 2012-45 XIV ROLES AND RESPONSIBILITIES Participants reviewed the roles and major responsibilities of the city council, council members, the mayor, the city manager, department heads, city employees, and citizens. Participants developed listings of major responsibilities for the commissions, commission members, and commission chairs. See Attachment G for the Listings of Major Roles and Responsibilities XV EXPECTATIONS AND CONTRIBUTIONS Participants next discussed expectations that the council has of staff and the staff has of the council. Participants also discussed contributions that the council and staff bring to the city's leadership team. See Attachment H for the Listings of Expectations and Contributions XVI ORGANIZATIONAL CLIMATE QUESTIONNAIRE Participants each filled out an organizational climate questionnaire indicating their perceptions as to where the city is "currently at'. and where it "ought to be" in seven dimensions. Participants indicated there continues to be room for improvement. See Attachment I for the Summary of the Organizational Climate Questionnaire XVII CLOSING REMARKS The retreat concluded with the facilitator challenging the participants to make a positive impact in their leadership roles. He pointed out the interdependency of the council and staff and the need to be mission and goal directed and the importance of positive attitudes. He also said "we're all a work in progress.' Mayor Tim Willson and City Manager Curt Boganey closed the session by thanking everyone for participating. They said it was a very productive day. Both expressed their satisfaction with the teamwork of the council and staff and the direction the city is headed. Curt Boganey said that the current council and department head group is the best leadership team he has worked with in over thirty years of public sector leadership. 6 RESOLUTION NO. 2012-45 XVIII EVALUATION OF THE RETREAT The retreat was well received by participants with an overall rating of 4.4 on a scale of 1 = low and 5 = high. See Attachment J for the Evaluation of the Retreat and Participants Comments XIX RECOMMENDED FOLLOW-UP ACTIONS It was agreed that considerable progress was made at the retreat and that follow- up actions are needed. A recommended sequence of actions are: 1) The participants review the Executive Summary of the retreat 2) The city council discusses and updates the city's mission and values statements 3 n oversees the The city manager fine tunes the goals program and development of desired outcomes and success targets for city council consideration 4) The city council approves and formally adopts the finalized goals program 5) Action plans be developed for each goal and desired outcome under the guidance of the city manager 6) The city council and city manager monitor progress on achievement of the goals during the year 7) A follow-up retreat be scheduled in one year to evaluate progress and update the goals and desired outcomes Executive Summary Written by the Retreat Facilitator Don Salverda Donald Salverda & Associates Roseville Professional Center,Suite 620 2233 North Hamline Roseville, MN 55113 (651) 484-1335 7 RESOLUTION NO. 2012-45 Attachment A GREATEST CHALLENGES FACING THE CITY 1 — 3 YEARS 1) "The city's image —for some people" 2 "The engagement of th community" e com t Y 3) "Jobs, the economy, and housing" 4) "Providing a safe community" 5) "Ongoing funding" 6) "Having adequate human and financial resources" 7) "Defining the city's success 8) "The engagement of the city's youth" 9) "Determining communi ty needs" 10) "Attracting new businesses" 11) "The quality of education of our residents" Note: The comments made on pages 8-14 were offered individually by participants at the session. The comments were for discussion purposes and ultimately for the development of the city's goals. The group did not adopt these statements or officially support them as a unified statement of the city. 8 RESOLUTION NO. 2012-45 Attachment A Continued GREATEST CHALLENGES FACING THE CITY LONG TERM 1) "Jobs, the economy, and housing" 2) "The city's redevelopment" 3) "Building the community—including the school district" 4) "Deploying the city's financial and human resources" 5) "Funding for services provided" 6) "The city's demographics" 7) "The city's housing" 8) "The city's economic development" 9) "Serving the city's diverse and underprivileged population 10) Reinventing the city's identity 11) "Flexibility" 12) "The city's homelessness" 13) "The city's image with residents and those outside of the city" 9 RESOLUTION NO. 2012-45 Attachment A (continued) RETREAT EXPECTATIONS 1) "Direction and consensus" 2) "Teambuilding" 3) "To better understand each other's roles, responsibilities, and actions" 4) "Honest communication" 5) "To re-energize" 6) "To get feedback from others" 7) "The continued development of relationships" 8) "To improve relationships and trust" n 9) "To listen, participate, and learn" 10) "Long term vision and thinking 11) "To rethink, reset, and restructure" 10 RESOLUTION NO. 2012-45 Attachment B-1 REVIEW OF PROGRESS BEING MADE BY THE CITY The Successes 1) "The completion of the FBI building" 2) "Adapting to the loss of LGA (Local Government Aid)" 3) "Improvements in the city's housing programs" 4) "Development of Shingle Creek Crossing 5) "A decrease in violent crime" 6) "An improved image of the city" 7) "Increased collaboration with other jurisdictions" 8) "The support of the council to staff' 9) "Staff's follow through on implementing various programs" 10) "The addressing of the city's rental properties" 11) "Various street projects" 12) "The city's centennial celebration activities" 13) "The NW Family Center" 14) "The city's Youth Council" 15) "The redevelopment of the Rudy Luther Auto site" 16) "Improvements at Three Rivers Park" 17) "Technology improvements" 18) "Improvements at the Gateway Commons" 19) "The EBHC" 20) "Using proper tools" 11 RESOLUTION NO. 2012-45 Attachment B-1 (continued) The Problems Encountered 1) "Truancy in the schools" 2) "The bus hub" 3) "A lack of funding" 4) "Too much negative information that is counter productive and affects the perceptions people have" 5) "The state legislative" 6) "The aging and styles of the city's housing" 7) "Foreclosures" 8) "The code violations and crime at Twin Lake Manor" 9) "Domestic violence" 10) "The poverty of many of the city's residents" The Lessons Learned 1) "Focus yields results" 2) "Knowing and using the right tools brings positive results" 3) "The importance of adaptability" 4) "The city needs to have the ability to be flexible and to adapt 5) "The city can set a high vision and achieve it—an example being the FBI building" 6) "Multi disciplinary involvement is key to getting positive results" 7) "It takes time to learn about the positiveness, potential, and complexity of a diverse community" 8) "The city's resiliency has provided positive 'bounce back"' 12 RESOLUTION NO. 2012-45 Attachment B-2 THE CITY OF BROOKLYN CENTER MARCH 2012 Qi What's working well with the city? 1) "The council and staff work well as a team" 2) "The council's setting and adhering to the city's goals" 3) "The council, staff and city are innovators 4) "The council meetings are well run and positive" 5) "The collaboration between the city departments" 6) "The city's planning" 7) "The city staff is efficient and flexible" 8) "The city's CIP (Capital Improvement Program) planning and funding" 9) "The identification of problems and taking action to solve the problems" 10) "There is increasing citizen support" 11) "The many improved developments in the city" 12) "The city's rental ordinance implementation" 13) "There is consistent policy enforcement at the council" Q2 What's not working well with the city? 1) "The inclusion and engagement of all elements and segments of the community" 2) "Developing additional revenue streams" 3) "The improvement of the city's image is not improving fast enough" 4) "Delays in finishing projects — projects being prioritized by staff' 5) "Dealing with non-taxable properties" 6) "The bus system" 7) "Developing new soccer fields" 13 RESOLUTION NO. 2012-45 Attachment B-2 continued Qs What's the city not doing that it should be doing? 1) "Engaging the total community" 2) "Engaging greater diversity in the affairs of the city" 3) "Implementing the `Brooklyn Bridge Alliance' with the schools" 4) "Increasing collaboration efforts to make educational improvements" 5) "Developing additional youth oriented programs and services" 6) "Meeting the recreational needs of the city's low income youth" Q4 What's the city current/ doing that it should not be doing? 1) "Providing services that the business community might provide: Example—providing security at the bus stops 14 RESOLUTION NO. 2012-45 Attachment C PROPOSED REVISED CITY MISSION STATEMENT "The mission of the City of Brooklyn Center is to ensure .an attractive, clean, safe inclusive community that enhances the quality of life for all people and preserves the public trust. *Added words to existing Mission Statement 15 RESOLUTION NO. 2012-45 Attachment C (Continued) PROPOSED REVISED CITY VALUES STATEMENT 1) Excellence and Quali!y Service Delivery We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. 2) Ethics and Integrity We believe that ethics and integrity are foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 3) Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. 4) Fiscal Responsibility We believe that fiscal responsibility and prudent stewardship of public funds is essential for citizen confidence in government. 5) Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. 6) Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 7) Professionalism We believe that a commitment to ethical values and continuous improvement is the mark of professionalism. We are committed to applying this principle to the services we offer and to the development of our employees. *8) Inclusion We believe that each person has equal and intrinsic value and that the best decisions are made when diverse viewpoints are respected. *Proposed added Tenet 16 RESOLUTION NO. 2012-45 Attachment D CHANGES AND FORCES EXPECTED TO IMPACT THE CITY IN THE NEXT FIVE YEARS MOST SIGNIFICANT 1) Increased redevelopment and the development of Shingle Creek Crossing 2) Continuing demographic changes that include an aging population and increased ethnic diversity 3) An improved economy 4) The impact of the state's budget crisis 5) The impact of the school districts (Brooklyn Center and neighboring districts) 6) A continued decline in the city's crime rate 7) Increased aging of numbers of multi-housing rental properties that are becoming functionally obsolete 8) Growth and changes in the city's commercial businesses 9) The volatility of energy costs and gasoline prices 10) Continuing housing foreclosures SIGNIFICANT 11) An increasing focus on partnerships and collaborations 12) The improvement of Brooklyn Boulevard 13) Future elections and staff changes 14) Increasing health care costs and other employee benefits 15) Any new unfunded mandates 16) Increasing numbers of environment related concerns 17) Increasing traffic in the city due to improvements in Highway 252 and completion of Highway 610 18) Increasing focus on water related issues 19) An increasing commercial skyline 17 RESOLUTION NO. 2012-45 Attachment E ISSUES AND OPPORTUNITIES FACING THE CITY (EXPRESSED AS NEEDS) ONGOING 1) The need to continue to provide streamlined, cost effective, quality services with limited resources 2) The need to ensure the city's financial stability (while adapting to economic changes) 3) The need to move toward maintaining or lowering the level of the city's property taxes 4) The need to ensure the city's influence at the legislature 5) The need to ensure the city's drinking water is high quality and that storm water is properly managed 18 RESOLUTION NO. 2012-45 Attachment E (Continued) ISSUES AND OPPORTUNITIES FACING THE CITY (EXPRESSED AS NEEDS) STRATEGIC 1-3 YEARS HIGHEST PRIORITY #Votes Council&staff Top Four 5 + 7 1) The need to aggressively proceed with the implementation of the city's redevelopment plans 4 + 8 2) The need to stabilize and improve the city's residential neighborhoods • To include aging multi-housing and rental properties 4 + 7 3) The need to ensure a safe & secure community 3 + 4 4) The need to improve the e cit 's image g 3 + 4 5) The need to value and benefit from the community's demographic makeup and cultural diversity HIGH PRIORITY 0 + 6 6) The need to increase the engagement of all segments of the community 0 + 0 7) The need to maintain and upgrade the city's infrastructure 0 + 0 8) The need to address the city's environmental sustainability 19 RESOLUTION NO. 2012-45 Attachment F THE CITY'S PROPOSED GOALS PROGRAM 2012 Ongoing Goals GOAL #1 To provide streamlined, cost effective, quality services with limited resources GOAL#2 To ensure the financial stability of the City GOAL #3 To move toward maintaining or lowering the level of the City's property taxes GOAL #4 To ensure the city's influence at the legislature GOAL #5 To ensure the City drinking water is high gualily and that the storm water is properly managed Strategic Goals " PRIORITY GOAL #1 To aggressively proceed with Implementation of City's redevelopment plans GOAL#2 To stabilize and improve the city's residential neighborhoods GOAL#3 To ensure a safe and secure community GOAL#4 To improve the city's image GOAL#5 To value and benefit from the community's demographic makeup and cultural diver si HIGH PRIORITY GOAL #6 To increase the engagement of all segments of the community GOAL #7 To continue to maintain the city's infrastructure improvements GOAL #8 To encourage city wide environmental sustainability efforts 20 RESOLUTION NO. 2012-45 Attachment G ROLE AND RESPONSIBILITIES OF THE CITIZENS MOST SIGNIFICANT 1) To vote in city elections 2) To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff 4) To be involved in community affairs 5) To be positive contributors to the community 21 RESOLUTION NO. 2012-45 Attachment G Continued ROLE AND RESPONSIBILITIES OF THE CITY COUNCIL MOST SIGNIFICANT 1) To provide leadership, direction, and long-range planning for the city l 2) To determine policy for the city 3) To hire and monitor the performance of the city manager(to manage city operations) 4) To adopt an annual budget for the city 5) To represent the collective best interests of the city and the citizens of the city 6) To be Good Will Ambassadors for the city 22 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS MOST SIGNIFICANT 1) To represent the citizens and be accessible to them 2) To make leadership and policy decisions for the greater good of the city 3) To be prepared for, and participate in, council meetings 4) To act professionally and listen respectfully to other council members, staff, and citizens 5) To share information and communicate openly with the city manager and other council members 6) To be Good Will Ambassadors for the city 23 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE MAYOR FMOST SIGNIFICANT 1) To conduct orderly and effective city council meetings 2) To represent the city at public functions 3) To facilitate discussions on agenda items and help resolve conflict among council members 4) To make advisory committee and other appointments as appropriate 5) To sign the city's legal documents 6) To also function as a council member 7) To be a Good Will Ambassador for the city 24 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE CITY MANAGER MOST SIGNIFICANT 1) To prepare and provide information for the council, make policy recommendations based on the information, and implement adopted policies 2) To be a liaison between the council and staff 3) To provide leadership and foster a positive work environment for the 'city's employees 4) To develop and administer the city's annual budget 5) To represent the city before public bodies and community groups 6) To coordinate with local, state, and federal agencies 7) To hire, appoint, develop, evaluate, and terminate (when necessary) city employees 8) To be a Good Will Ambassador for the city 25 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE DEPARTMENT HEADS MOST SIGNIFICANT 1) To provide leadership and goals for their departments 2) To manage the day-to-day operations of their departments 3) To prepare and administer their department's annual budget 4) To communicate and cooperate with other entities in the city 5) To keep the city manager and their department staff informed 6) To provide training and development opportunities for department employees 7) To recommend `new hires' to the city manager 8) To coordinate with other local, state, and federal agencies 9) To publicly represent the city policies 10) To be Good Will Ambassadors for the city 26 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF ALL CITY EMPLOYEES MOST SIGNIFICANT 1) To have a positive attitude towards their job and when dealing with the public 2) To be team players 3) To be fiscally responsible 4) To be a positive representative and ambassador of the city 5) To have a strong work ethic 6) To be receptive to, and participate in, training and development opportunities 7) To be innovative problem solvers 8) To be in alignment with the city's goals and the implementation of plans to achieve the goals 27 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE COMMISSIONS MOST SIGNIFICANT 1) To provide the city council with information, advice, and recommendations 2) To follow the statutes,laws, ordinances, and policies of the city when making recommendations 3) To meet regularly 4) To receive input from the general public 5) To be respectful of the public and each other 6) To be mindful of and respect the limitations and resources of staff 7) To elect the leadership (of the commission) 8) To be good will ambassadors for the city 28 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE COMMISSION MEMBERS MOST SIGNIFICANT 1) To regularly attend, be prepared for and participate in commission meetings 2) To be respectful of and acknowledge other members and the staff's ideas and resources 3) To have open communication with each other and the public 4) To abide by the laws and legal parameters for the commission members 5) To be prepared for and active in subject matter discussions sharing their ideas 6) To make recommendations for the greater good of the city 7) To partner with the commission's staff liaison 8) To be team players 9) To be good will ambassadors for the city 10) To be good will ambassadors for the city 29 RESOLUTION NO. 2012-45 Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE COMMISSION CHAIRS MOST SIGNIFICANT 1) To run good, orderly and effective meetings 2) To keep meetings cordial and respectful 3) To encourage participation from all commission members 4) To begin and end meetings on time 5) To foster accountability among commission members 6) To lead by example 7) To be good will ambassadors for the city 8) To be good will ambassadors for the city 30 RESOLUTION NO. 2012-45 Attachment H EXPECTATIONS AND CONTRIBUTIONS THE COUNCIL'S EXPECTATIONS OF THE STAFF 1) "To implement council policies" 2) "To respect and follow the city's charter" 3) "To provide information and expertise to the council" 4 To be rofessionall competent" p Y coin p 5 "Honesty and integrity in their dealings 6) To work collaboratively with each other and with other organizations 7) "To continually be involved in professional development" 8) "To be good will ambassadors for the city" 31 RESOLUTION NO. 2012-45 Attachment H (continued) EXPECTATIONS AND CONTRIBUTIONS THE STAFF'S EXPECTATIONS OF THE COUNCIL 1) "To provide leadership, direction and long-range planning for the city" 2) "To determine policy for the city" 3) "To hire.and monitor the performance of the city manager" 4) "To adopt a budget for the city" 5) "To represent the collective best interests of the city and it's citizens" 6) "When possible—direct citizen requests to the appropriate staff resource" 7) "To communicate respectfully with the staff' 8) `To respect the staff for their professional expertise" 32 RESOLUTION NO. 2012-45 Attachment H (Continued) THE COUNCIL'S CONTRIBUTION TO THE CITY LEADERSHIP TEAM 1) "To set policy and goals for the city" 2) "Respect for and abide by the city charter" 3) "To set the city's budget" 4) "To hire and evaluate the city manager" 5) `To prepare for and participate in meetings" 6) "To be honest and demonstrate integrity in our dealings" 7) "To represent a broad community perspective" 8) `To vote on and make the tough decisions for the city" 9 "To p rovide constituent services" 10) "To be available and accessible to residents" 11) "To continually improve our own skills through professional development" 33 RESOLUTION NO. 2012-45 Attachment H (Continued) THE STAFF'S CONTRIBUTIONS TO THE CITY LEADERSHIP TEAM 1) "To be knowledgeable and provide specialized expertise to the city" 2) "To be professionally competent and well intentioned" 3) "To be cooperative and provide timely responses to requests" 4) "To communicate with each other and the council and be loyal to the city" 5) "Dedicated to the city and a commitment to the city's goals and objectives" 6) "Integrity and honest in our dealings" 7) "High level of performance and passion for our jobs" 8) "Team work and mutual support" 9) "Mutual respect, support, and empathy" 10) "To be fiscally responsible" 11) "To be good will ambassadors for the city" 34 Attachment RESOLUTION N9JAWfAkATIONAL CLIMATE QUESTIONNAIRE For each of the seven organizational climate dimensions described belovor place an "A" above the number that indicates your assessment of the organization' s current position on that dimension and an 110" below the number that ind cates your choice of where .the organization ,sh -d ideally be on this dimension. W waL� - W lke23E� "Wr-rte- St 1. CONFORMITY. The feeling that there are many a teinally imposed constraints in the organization; the degree to which members fool that there are rules, procedures; policies, and practices to which they have to con orb, rather than being able to do,- (TO their work as they see it. Conformity Is not characteristic 1 2 3 V 5 64 7 ; 81 9 10 Conformity is very characterist of tho organization ' of the organization 2. RESPONSIBILITY, Members of the organization are gfven per3onal responsibility to achieve their part of the organization's goals; the degree to which members feel that they can make decisions and solve problems wit ut checking with superiors each stop of the way. No responsibility is given in 1 2 3 4 5 6 7 S.. 9, 10 There is great 'amphaeis on the organization tehriecant responsibility in 3. STANDARDS. The emphasis the organization places A quality performance and out- standing production including the degree to which I tubers feel the organization is setting challenging goals for itself Fund communica nq. these goals to its members. , Standards are very ow or non- 1 2 3 4 S it 7 99' 10 High challenging standards existent in the organization art set in the organization 4. REWARDS. The degree to which members feel that disi are being recognized and rewarded for good work rather than being ignored, c ri4icized, or punished when things go wrong. Members are ignored, punt shed, 1 2 3 4 S. 6 7 91' 10 Members or* recognized an or criticized rewarded positively S. ORGANIZATIONAL CLARITY. The feeling among me Js that things are well- organized and goals. are clearly defined rather the b#ing disorderly or confused. g ( The organization is contused, 1 2 3 4 'S 6 7 # - 10 The organisation is well- �,O disorderly, and chaotic organised with clearly I defined goals s 6. WARMTH AND SUPPORT. The feeling of friendlini s4 is a valued norm, in the organization; that members trust one another and o far support to one another. The feeling that good relationships prevail in the work environment. .a rere Is no warmth u 1 2 3 4 5 6 79 1 u very and support 0 Warmth and support are y In the organization i characteristic of the 1 organization 7.. LEADERSHIP. The willingness of organization me ef..s to accept leadership and direction fro= other qualified personnel. As need fpr leadership arias, members feel free to take leadership roles and are rewarde for successful leadership. ,s,� Leadership is based on expertise. The organizatio if not dominated by, or dependent on, on• or two persons. I Leadership Is not rewarded; 1 2 3 4 5 6 7 3 9a 10 Member• accept and are members are doeinoted and rewarded for leadership dependent or resist leadership based on expertise a ttampta 35 RESOLUTION NO. 2012-45 Attachment J THE CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2012 LEADERSHIP— PLANNING —TEAM BUILDING RETREAT SUMMARY EVALUATION 1) The objectives of the session were: (q.3 5 4 3 2 1 Clear Vague 2) The organization f the session was: Q .01) 5 3 2 1 Excellent Poor 3) The ideas presen ed were: 5 4 3 2 1 Very Not Interesting Interesting 4) The ability of the resenter to stimulate discussion was: t�, 5 3 2 1 Excellent Poor ' 5) My attendance a this session was: 5 4 3 2 1 Very Waste Beneficial of Time 6) Overall, 1 co sider this session to have been: 5 4 3 2 1 Excellent Poor 36 RESOLUTION NO. 2012-45 THE CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2012 LEADERSHIP—PLANNING—TEAM BUILDING RETREAT PARTICIPANT COMMENTS 1) "Thank you" 37 City Council Agenda Item No. 6f Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING AN AD HOC YOUTH ADVISORY COMMISSION WHEREAS, the Brooklyn Center City Council policy is to encourage the participation of all demographic groups in the governmental affairs of the City; and WHEREAS, the City Council believes the best decisions are made when diverse viewpoints are respected; and WHEREAS, the City Council is a member of the Brooklyn Bridge Alliance for Youth, which encourages the engagement of youth in the governmental process; and WHEREAS, the youth of the Brooklyns Youth Council have requested that the Brooklyn Center City Council establish a formal working relationship between the City Council and the Brooklyns Youth Council as described in the Exhibit A attached; and WHEREAS, the City Council believes that the public interest is best served by • encouraging youth to provide direct, meaningful input into policy decisions affecting youth; and WHEREAS,this ad hoc commission shall be effective immediately upon approval of this resolution and shall remain in effect until December 31,2013 unless dissolved earlier by the City Council;prior to December 31,2013,the Council shall determine if a permanent City Commission should be established by resolution; and WHEREAS the Mayor shall annually appoint a Councilmember to serve as liaison to the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that the City Council of the City of Brooklyn Center hereby establishes an ad hoc Youth Advisory Commission to provide direct input into policy decisions affecting the Youth in Brooklyn Center. • RESOLUTION NO. • March 26 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 Proposal • In order to create eas y lines nes of communication between the Brooklyns Youth Council (BYC)and City Council,the BYC is proposing that they become a hybrid Youth Commission. This would entail that a City Councilmember would be designated as a liaison for the Youth Commission and would agree to come to the longer monthly meetings. At these meetings,the City Councilmember and the BYC would hear updates about each others'activities. Also,the City Councilmember would have the ability to call upon the BYC to seek input on key items that have arisen in their work that they feel needs the input of Youth. The BYC would then do grassroots youth-to-youth research on the key items that were presented. Each BYC member would oll 1 - p 0 20 peers that represent the broad spectrum of youth in their community. They would then combine the results of their polling in order to discover key similarities and to create an overarching understanding of the experience and perspective of youth. The BYC could then present their findings and recommendations on the key items either to the liaison during the regular meeting time or at a formal City Council meeting. The desired result of this Youth Commission is to create a place in the community structures in which youth have a formalized and intentional voice in decision-making processes. Their lives are impacted by the decisions made by the city structures,just as much as adults' lives are,the only difference being that youth have no way of influencing or impacting those decisions through voting. The BYC sees this work . as steps toward creating a healthy and enriching community for youth. Ci ty g Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM • DATE: March 26, 2012 TO: Curt Boganey, City Manager �44 � 1 FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Special Assessment Hearing Appeals Recommendation: It is recommended that the City Council consider approval of the attached resolutions. Background: At the City Council Meeting on March 12, 2012 the City Council moved to continue the hearing until March 29th and requested additional information for certain properties where appeals were made regarding the special assessments. The appealed special assessments were the results of six properties with long grass/weed abatements, three properties with grass reinspection fees and one tree abatement completed in 2011. One appeal is not valid since there are no pending fees for this property related to this assessment. As part of the process,property owners were given notice to correct violations,received notice to pay the bills, and all unpaid fees were processed as a pending special assessment. The pending special assessment amounts are available to the • public,including title companies when a property sale takes place. When a property is purchased,the buyer is responsible for all pending assessments and negotiating any outstanding fees with the previous owner. Information specific to each special assessment appeal is provided in the attachment. There are two options submitted for approval: • Option One will include all fees to be charged without adjustment. • Option Two will reduce city administrative fees for properties where the city actions occurred within a couple of days of the closing of the property and therefore the fees may not have been readily available if the buyer or the Title Company had checked. The City could legally assess these fees to the property. Budget Issues: The fees for these special assessments help recover the city costs associated with providing a service. Nuisance abatements are related to the direct costs incurred as a result of hiring a contractor to correct the violations at the property, as well as administrative costs related to compliance. Reinspection fees and administrative fines occur where voluntary compliance is not achieved and additional staff time occurs in order to gain compliance. Council Goals: • Strategic: 3. We will stabilize and improve residential neighborhoods Page 1 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Ongoing: • 1. We will provide streamlined, cost effective, quality services with limited resources Attachments: Summary of Appealed Properties Resolution Option 1-Amended Special Assessment Certified Roll Option 2-Amended Special Assessment Certified Roll • • Page 2 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 6418 Kyle Ave N Owner: Thien Le Appellant's Appeal: Owner stated that the fees were charged prior to him purchasing the property. Findings: Compliance Notices were sent and a city-facilitated abatement involving the grass being mowed was conducted prior to the new owner taking possession of property. Thien Le purchased the property on 07-29-2011. At the time of purchase the charge was not yet processed as a ending assessment. Violation Type Summary of Activity Fees Tall Grass & 5-25-11 1St Tall grass violation letter sent $270.23 Noxious Weeds 6-2-11 Referred to grass cutter,grass cut by owner 7-14-11 Complaint received from a resident 7-18-11 2nd tall grass violation letter sent 7-26-11 Referred to grass cutter 7-27-11 Grass was cut by City 7-29-11 City records indicate a new owner 8-12-11 Owner invoiced and fees pended • �qr e .. h µ ,l • ' r • a RAI 4r. f • Page 3 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 6724 Dupont Ave N Owner: Julius James Martin and Meslissa Se elstorm • AppeIlant's Appeal: Owner stated that the fees were charged prior to him purchasing the property. Findings: The current owner purchased the property on 06-24-2011. At the time of purchase the charge was processed as a pending assessment one day before the closing.,, Violation Type Summary of Activity Fees Tall Grass & 5-20-11 1St Tall grass violation letter sent $100 Noxious Weeds 6-10-11 Grass was cut by owner 6-14-11 2nd Tall grass violation letter sent 6-22-11 Grass was cut by owner 6-23-11 Owner invoiced$100 reinspection fee for second violation and fees were pended 6-24-11 City records indicate a new Owner I • Y 1 i sk�f�S'`s .J� tips So- 4 � �^�'+'�C�m� � ga Ar.9 W, il: Page 4 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM . Address: 5349 Sailor Lane Owner: Vadim Kdmisarshik Appellant's Appeal: Owner stated that he had a problem tenant and has since evicted that tenant. Findings: The property owner was sent proper notice for the grass violations and the grass was cut by the city contractor. The property owner is responsible for maintaining the property in compliance with city ordinances. Violation Type Summary of Activity Fees Tall Grass & 5-20-11 1St Tall grass violation was letter sent $258.21 Noxious Weeds 5-27-11 Referred to grass cutter 5-28-11 Grass was cut by City 6-02-11 Owner invoiced and fees pended 6-29-11 2nd Tall grass violation letter was sent 7-7-11 Grass was cut by owner 8-3-11 3rd Tall grass violation letter was sent 8-11-12 Grass was cut by owner 8-12-11 $100 reinspection fee for second violation was invoiced and pended 9-9-11 $100 reinspection fee was paid - s yy .a l t- • Page 5 U20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 4900 Howe Lane Owner: Etmira Peal • Appellant's Appeal: Owner stated that the fees were charged prior to him purchasing the property- Findings: Compliance Notices were sent and a city-facilitated abatement involving the grass being mowed was conducted prior to the new owner taking possession of property. The owner purchased the property on 10-07-11. At the time of purchase the charge was processed as a ending assessment and would have been available for the closing company. Violation Type Summary of Activity Fees Tall Grass & 6-06-11 Tall grass complaint received $246.19 Noxious Weeds 6-07-11 1St Tall grass violation letter sent(returned from Post Office 6-22-11) 6-15-11 Grass was cut by owner 8-31-11 2nd Tall grass violation letter sent(returned from Post Office 9-8-11) 9-08-11 Referred to grass cutter 9-09-11 Grass cut by city 9-21-11 Owner invoiced and fees pended 10-7-11 City records indicate a new owner r: , r y M1}" Page 6 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 120157 1h Ave N Owner: Edward Doll Appellant's Appeal: Owner stated that he was attempting to grow a rain garden. Findings: The property owner was sent compliance notices and the grass was observed to be over eight inches on two occasions throughout the property. Violation Type Summary of Activity Fees Tall Grass& 5-20-11 1St Tall grass violation letter was sent $100 Noxious Weeds 5-27-11 Grass cut by owner 9-27-11 2nd Tall grass violation letter was sent 10-05-11 Grass was cut by owner 10-05-11 $100 reinspection fee for second violation was invoiced and pended MEN R- f �I C Y � �x rt L � Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 7215 Riverdale Road Owner: Ger Van Appellant's Appeal: Property is going into foreclosure Findings: The fees have been paid and there are no pending special assessments at the property. Therefore,this property is not on this special assessment levy roll. Violation Type Summary of Activity Fees Tall Grass & 6-2-11 1St Tall grass violation letter was sent $ 0 Noxious Weeds 6-6-11 Phone call with owner 6-10-11 Referred to grass cutter 6-11-11 Grass was cut by city 6-16-11 Owner was invoiced and fees pended 8-3-11 2nd Tall grass violation letter was sent 9-7-11 Grass was cut by owner 9-9-11 $100 reinspection fee for second violation was invoiced and pended 1-13-12 City records indicate a new owner 3-1-12 Fees were paid-there are no pending assessments ti I .t h 4 � i"J.6, • Page 8 of 20 Mission:Ensuring an attractive,clean,safe commnunity that enhances the quality of life.and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 5510 France Ave N Owner: Kin Mun Appellant's Appeal: Owner stated that the fees were charged prior to him purchasing the property, and HUD refuses to pay fees. Findings: The city had the property abated by the city contractor on three occasions. All work was performed prior to the new owner purchasing the property. However,the third abatement fees were not assessed until after the current owner purchased the property. Violation Type Summary of Activity Fees Tall Grass& 5-19-11 1St Tall grass letter was sent $774.63 Noxious Weeds 5-27-11 Referred to grass cutter 5-28-11 Grass was cut by city 6-02-11 Owner invoiced and fees pended 6-16-11 2nd Tall grass letter was sent 6-16-11 Referred to grass cutter 6-17-11 Grass was cut by city 6-22-11 Owner invoiced and fees pended 7-13-11 3rd Tall grass letter was sent 7-21-11 Referred to grass cutter 7-21-11 Grass was cut by city 7-25-11 City records indicate a new owner 7-26-11 Owner invoiced and fees pended ..._ wL r • Page 9 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 3218 641h Ave N Fowner. Michael Parks • Appellant's Appeal: Owner admitted his grass was long at times,but requested that the code be changed to allow grass height be set to a height higher than eight inches. Findings: The property owner was sent compliance notices and the grass was observed to be over eight inches in areas on two occasions. Violation Type Summary of Activity Fees Tall Grass& 8-12-11 1St Tall grass letter was sent.Some areas in yard $100 Noxious Weeds with grass and weeds over eight inches. 8-16-11 Complaint received from a resident 8-25-11 Grass was cut by owner 8-31-11 Complaint received from a resident 9-02-11 2nd Tall grass letter was sent. Some areas in yard with grass and weeds over eight inches. 9-16-11 Extension provided since the property has some areas with grass and weeds over eight inches,but dry uneven grass in other areas. 9-20-11 Extension provided since the property has some areas with grass and weeds over eight inches,but dry uneven grass in other areas. 10-4-11 Extension provided since the property has some areas with grass and weeds over eight inches,but dry uneven grass in other areas. 10-10-11 Grass was cut by owner • 10-10-11 $100 reinspection fee for second violation was invoiced and pended 1. r, • Page 10 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Address: 532463 r Ave N Owner: Hong Tran Appellant's Appeal: The owner was out of town when the grass was cut by the city. Findings: The owner was sent a compliance notice and city facilitated abatement was conducted of the property. Violation Type Summary of Activity Fees Tall Grass & 5-04-11 City records indicate new owner $258.21 Noxious Weeds 5-24-11 Complaint received from resident 5-25-11 Complaint unfounded-grass was mowed 7-26-11 1St Tall grass violation letter was sent 8-03-11 Referred to grass cutter 8-04-11 Grass was cut by city 8-12-11 Owner invoiced and fees pended E. .Vit x2 i S 3s 9 x y,. r � h Page 11 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Address: 5841 Zenith Ave N Owner: Melissa Gregersen and Jeffery Berlin • Appellant's Appeal: Received a letter from owners stating the property is in foreclosure. Findings: The property has been vacant since June 1, 2011. The Hennepin County records still indicate the property is owned by Melissa Gregersen and Jeffery Berlin and there is no pending foreclosure information available. The owner was sent proper notice prior to the three abatements conducted by the city. The assessment will be applied to the property. Violation Type Summary of Activity Fees Tall Grass & 6-01-11 Property determined to be vacant and posted to $1,080.94 Noxious Weeds register 6-01-11 1St Tall grass violation letter was sent 6-09-11 Referred to grass cutter 6-10-11 Grass was cut by the City 6-14-11 Owner was invoiced and fees pended 7-20-11 Complaint received 7-21-11 2nd Tall grass violation letter was sent 7-29-11 Referred to grass cutter 7-30-11 Grass was cut by city 8-12-11 Owner invoiced and fees pended 8-17-11 3rd Tall grass violation letter was sent 8-25-11 Referred to grass cutter 8-26-11 Grass was cut by city 8-31-11 Owner invoiced and fees pended 9-06-11 4th Tall grass violation letter was sent 9-22-11 Referred to grass cutter • 9-23-11 Grass was cut by city 10-06-11 Owner invoiced and fees pended • Page 12 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Address: 6331 Bryant Ave N Owner: Marcia Lovejoy Appellant's Appeal: The owner submitted a letter that stated she had agreed to have the City conduct the work(remove the diseased tree),prior to finding an organization who offered to complete the repairs for no cost. The letter also stated that financial hardship was the reason for the appeal. Findings: The owner was given proper notice and agreed to the expenses prior to the work. The owner did not call the City to cancel the work order and the work was completed. The work was performed by the City tree contractor and the cost has been paid by the City. Please note that tree assessments are assessed over a 5 year period. Violation Type Summary of Activity Fees Diseased Tree 7-11-11 Diseased tree(31 inches)was marked and 1st letter sent $1,920.31 7-18-11 Signed contract agreement was received 7-18-11 Referred to Tree Contractor for removal 8-1-11 Tree removed by the City of Brooklyn Center 8-15-11 Owner invoiced and fees pended. • • Page 13 of 20 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust RESOLUTION NO • Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18-78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, On March 26, 2012, certain weed destruction accounts for removal of said weeds and tall grass remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2011, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed, with the amounts to be assessed; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and • WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of unpaid weed destruction accounts incurred during the year 2011 is hereby adopted and certified as Levy No. 17875. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2013, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from April 1, 2012 through December 31,2013. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 13, 2012. After April 13, 2012,he or she may pay the total special assessment, plus interest. Interest will accumulate from April 14, 2012, through the date of payment. Such payment must be made by the close of business November 29, 2012 or interest will be charged through December • Page 14 of 20 . 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 26 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 followin g g voted against the same: whereon said resolution was declared duly passed and adopted • Page 15 of 20 RESOLUTION NO. • RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2011 under the authority of Minnesota Statutes, Section 18G.13 and/or by written agreement with the owners of such property; and WHEREAS, an assessment roll, a copy of which is attached hereto and made part hereof by reference,has been prepared by the City Clerk,tabulating those properties where tree removal costs are to be assessed,together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required ired by law,the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota that: 1. The special assessment roll of tree removal costs incurred during the year 2011 is hereby adopted and certified as Levy No. 18156. 2. The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six(6)percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2013, and shall bear interest on the entire assessment from April 12,2012 through December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment to the City Treasurer,without interest, if the entire assessment is paid on or before April 11, 2012. After April 11, 2012,he or she may pay the total special assessment,plus interest. Interest will accumulate from April 12, 2012,through the date of payment. Such payment must be made by the close of business November 29, 2012 or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31, of the succeeding year. • Page 16 of 20 • 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 26, 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: whereon said resolution was declared duly passed and adopted. • Page 17 of 20 Option 1 Amended Special Assessment Certified Roll (Grass/Weeds) 2011 Weed Destruction Printed March 18, 2012 Municipal Code No. 22 Levy No. Property Y Address Owner Name Property Y ID Pending Ca p ital Special ecial Total Amount Interest Assessment Amount Charge Char e Certified 17875 3218 64th Ave N Michael Parks 34-119-21-41-0028 100.00 10.00 30.00 140.00 17875 6724 Dupont Ave N Julius James Martin 36-119-21-21-0056 100.00 10.00 30.00 140.00 Melissa Se elstorm 17875 6418 Kyle Ave N Thien Le 34-119-21-32-0103 270.23 10.00 30.00 310.23 17875 5349 Sailor Lane Vadim Kdmisarshik 03-118-21-43-0013 258.21 10.00 30.00 298.21 17875 4900 Howe Lane Etmira Peal 33-119-21-14-0049 246.19 10.00 30.00 286.19 17875 5510 France Ave N Kin Mun Chew 03-118-21-43-0090 774.63 10.00 30.00 814.63 17875 5324 63rd Ave N Hong Tran 33-119-21-42-0118 258.21 10.00 30.00 298.21 17875 120157th Ave N Ed Doll 01-118-21-32-0105 100.00 10.00 30.00 1 140.00 17875 5841 Zenith Ave N Melissa Gregersen and 03-118-21-14-0010 1080.94 10.00 30.00 1120.94 Jeffrey Berlin Amended Special Assessment Certified Roll (Trees) 2011 Tree Abatement Printed March 18, 2012 Municipal Code No. 22 Levy No. Property Address Owner Name Property ID Pending Capital Special Total Amount Interest Assessment Amount Charge Charge Certified 18156 6331 Bryant Ave N Marcia Lovejoy 36-119-21-31-0016 1 1920.31 30.00 1 30.00 1 1980.31 Option 2 (With Recommended Changes) Amended Special Assessment Certified Roll (Grass/Weeds) 2011 Weed Destruction Printed March 18,2012 Municipal Code No. 22 Levy No. Property Address Owner Name Property ID Pending Capital Special Total Amount Interest Assessment Amount Charge Charge Certified 17875 3218 64th Ave N Michael Parks 34-119-21-41-0028 100.00 10.00 30.00 140.00 17875 6418 Kyle Ave N Thien Le 34-119-21-32-0103 120.23 10.00 30.00 160.23 17875 5349 Sailor Lane Vadim Kdmisarshik 03-118-21-43-0013 258.21 10.00 30.00 298.21 17875 4900 Howe Lane Etmira Peal 33-119-21-14-0049 246.19 10.00 30.00 286.19 17875 5510 France Ave N Kin Mun Chew 03-118-21-43-0090 624.63 10.00 30.00 664.63 17875 5324 63rd Ave N Hong Tran J 33-119-21-42-0118 258.21 10.00 30.00 298.21 17875 120157th Ave N Ed Doll 01-118-21-32-0105 100.00 10.00 30.00 140.00 17875 5841 Zenith Ave N 03-118-21-14-0010 1080.94 10.00 30.00 1120.94 Amended Special Assessment Certified Roll (Trees) 2011 Tree Abatement Printed March 18, 2012 Municipal Code No. 22 Levy No. Property Address Owner Name Property ID Pending Capital Special Total Amount Interest Assessment Amount Charge Charge Certified 18156 6331 Bryant Ave N I Marcia Lovejoy 36-119-21-31-0016 1920.31 1 30.00 1 30.00 1 1980.31 spiepuel Al!unwwoo pue 6uippre jo aojaaai(]/aafiaua A;!�) lualsissV `Suiurol qos alloI/0 -Aq paluasoid JIWI8d3H onand ZTOZ `Z W VIOL SIV3ddV DNIQV .-A I s, ,ONO, 1 41 Aglow +u t e,m s aqj 10 MGIAGJ aqj uo paseq suoilepuawwooei gjIM paplAoid si aseo goea jo Aiewwns ;alaq V 'peonpoid ueaq seq juawssasse Aliedoid goea of builelej uoilewjojui buiuleluoo podaj e `Isenbaa llounoo Jai -say ecloid asagj aol Z l,pZ `qZ goaeN pun panuiluoo seAA wali sigl au�ll goigm le `buiaeaq oilgnd aqj le juaws' sesse leioads Jiagj paleadde sioumo AVE)doad uanala `Z [OZ `Z [ gojeN uo .J a unno snolnaid qj!m seal Buipuelslno Cue builellobau aol algrsuodsoi ss jaAnq -aoeld SeNel ales Aliedoid e uegm `saluedwoo elj!JL 6uipnlou! 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Background: This owner is applying for a renewal rental license. Because of the amount of time required to work with the property owners of this townhome property developing a long-term capital improvement plan,the first license period has passed. Since the owner has met the license • application requirements for the second license, both rental licenses are being considered for approval at this time. For the first rental license,this property qualifies for a Type IV Provisional Rental License based on ten property code violations found during the initial rental license inspection and two validated police incidents/nuisance calls for the past twelve months of this licenses period. 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. For the second rental license application,this property qualifies for a Type II Rental License based on three association maintained violations. The items consist of windows, siding, and driveway maintenance. Minimum maintenance has been completed to ensure weather protective barriers and appropriate aesthetics. Several improvements were made to the interior of the dwelling unit. The owner has been proactive in meeting the requirements of the previous Type IV Rental License. This property is one individually-owned unit that is part of a townhome property consisting of eight units. The association currently has common area maintenance issues that are in need of Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM long-term replacement to improve the overall conditions of the property,beyond the minimum • repairs performed over the years. Due to extenuating circumstances such as significant costs and re-establishing a homeowners association, staff has worked with the property owners to develop a long term capital improvement plan as well as address operational items. Staff is recommending approval of a rental license, in lieu of license denial, based on the following: • The association has recently been reestablished after the association was dissolved. Many of the properties were foreclosed upon in the past 5 years. • There has been a coordinated approach with the new townhouse association to resolve ongoing issues at the property since an active association has not been in place for the past several years. • The license application process and fees for the license were met. • The owner has been active in completing many of the requirements of the Type IV Rental License. • The degree of wear varies by individual unit for the siding,windows, driveway and other surfaces making a coordinated approach especially important. The capital improvement plan for the townhome property will allow for higher quality, coordinated property improvements that will foster consistency, add value to the property and benefit the neighborhood. The City has other enforcement options, in addition to license actions, if the plan is not adhered to. A copy of the capital improvement plan and staff review letter is attached for your information. The following s a brief history of the license process actions: • g rY P Type IV license approval activities: 07-19-11 The owner, Li-Chen Su. applied for renewal of the rental dwelling license for 6761 Humboldt Ave N, a single family attached property. 07-20-11 An initial rental inspection was conducted(10 property code violations were noted) 08-16-11 A follow up rental inspection was conducted and all non-association related violations had been corrected. Minimum repairs were made to association related items. 08-31-11 The rental license approved by the City Council expired. 08-31-11 City records indicate two validated police incident/nuisance calls occurred in the past twelve months. 08-31-11 A letter was sent to owners notifying of qualification for Type IV 6-Month Provisional Rental License,including additional requirements to obtain a rental license(submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09-22-11 The owner completed phase I of the CFHP by attending the eight hour course and receiving the certificate of completion. 09-22-11 The security assessment was conducted: 12-30-11 The security improvement were inspected and passed. 09-26-11 A notice was sent to all property owners within the Humboldt Square Association • relating to the required common area maintenance. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • 10-03-11 A meeting was held with property owners from Humboldt Square Association where reestablishing an association and long term improvements were discussed. 10-04-11 A second notice was sent to all property owners within the Humboldt Square Association relating to the required common areas maintenance. 10-20-11 A second meeting with the association owners was held. 11-10-11 The owner attended the ARM meeting. 11-14-11 A mitigation plan was submitted. 01-13-12 The owner attended the ARM meeting. 01-17-12 A meeting was held with the new Association Manager for the Townhome Association. 01-19-12 A meeting was held with the association owners. At this time the owners voted to reestablish the association, assign board members, and hire Dave Southard as the new association manager. 02-03-12 A long term capital improvement plan was submitted by the Association Manager.Minimum repairs and short-term improvements were made to association related items. Type II license approval activities: 02-22-12 The owner applied for a rental license renewal. 02-28-12 The rental licenses expired on this date. 03-05-12 A rental inspection was conducted of the property and there were no interior violations. Three long term improvements remain and count as violations as listed in the association maintained capital improvement plan. • 03-06-12 City records indicate Zero validated police incident/nuisance calls occurred in the past twelve months. If both licenses are approved,the license renewal process will begin in twenty one months. However, staff will continue to monitor the properties progress with the maintenance plan. 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 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 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, I1, 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 • p g 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 er a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. I Mission:Ensuring an attractive,clean,safe communio?that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect,monitor and work.with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75%of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria • License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 :3± units 0 0 75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3±units _ Greater than 0 75 but not more than 15._, Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1,5 .but riot more than 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 g (Calls Per Unit/Year) No Category 1-2 0-1 Impact =4:uts 0 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3.=4 units C'rreater=than 0:25 but not;more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3=4 units Grea'terthan 1s, 5 0 -. r more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment I-Arial Photo of Humboldt Square Townhome area Attachment II-Mitigation Plan Attachment III-Resolution Attachment IV-Townhome Association Capital Improvement Plan Attachment V- City Response Letter Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust Arial Photo of Humboldt Square Tow nhome area �• . �X34. _ A €r�r i t ' PID: 3511921110024 BROO M 6777 Humboldt Ave N � �s ra Brooklyn Center MN 55430 E r O" • City of Brooklyn Center Phone.763-569-3300 6301 Shingle Creels Park-my "YY/M*e 711 )Brooklyn Center,MN 55430-2199 X7634469.3494 dZ � �, ;�ir�a�u4�rttcrotg Rental License Mitigation Plan (Type IV License) igandwrften ans not ho 0000010A Flonto*Me or US", labia vr►rr on CY&webihe. 761 l Tumboldt Ave N i above refcrcnced property dualities for a Type 1V Mental license. A Mitigation Plan must be completed and reviewed by City gaff before the rental license application gran be considered for approval by City Council. A Mitigation Plan should indicate the steps being takers to correct identified violations and the measures that will be taken to ensure ongoing compliance with City . Ordinaumoft and applicable Codes. The Mitigation Flan provides an opportunity to review property concerns and identify Possible solutions to im row the overall conditions of the property. Submit mire following documents with the blittpa-ties Plan for approval: I. Crime,Free Housing Program Training.Certificate(if completed,ifnot completed,please include scheduled date in Section B, 2. Copy of Lease including,Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 106 preach month(after license approval). Phase lC I. Use written lease including C"rimc Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms ofthe lease or any taddendums. d. AtteaA City approved eight hour Crime Free Housing course. Date Course Completed. , _ Bate Course Scheduled: Phase 11 Complete Security Assessment and implement all security impro%=cnts recommended by the Brooklyn Center Police Department. • ?ate Scheduled, g'4011 improvements to be completed try: page 1 Type TV Mitigation Plan 4-11 • Phase III I will attend a minimum of 50%ofthe ARM meelitip(two). I will attend the ARM meetings scheduled for. 11/it)E201 i & 0111 12 I will have no mpeat code violations previously documented within the past year. For properdes uftfour or rntore m0a: I will conduct resident training annually that includes crime prevention techniques, I will hold regular resident meetings. Bate Lot Replaced Future Replacement Date Fumace/AC 01101184 01/0112020 Water Heater 01101)2406 01101l202a Kitchen Appliances 01/0112010 0 0112x30 Iaaund Appliances 01101/2010 01141/2430 Exterior -Paint/Siding Pff assodsom u Pwms W=AW.n+K. -Windows 01/0111980 0110112016 -Roof 01/0112003 01101/2030 • --`ence 0110112010 011011202D -Shed -Driveway -Sidewalks �,� Smoke Alarms&Carbon Monoxide Alarms 41/01/2010 411t}itZ421 Other; Implementing the following best practices may assist in the management of your property .By checking the boAvs bdow,you agree to: V Check In with tenants every 30 days. V Drive by property to check for violations twice a monft Evict tenants in Aolation of the lease and all addendums. Provide lawnlsnow service. Provide garbage service. Install security system. [:::Yrovide maintenance seance plan fbr appliances. Name ofservice company: I am and will remain current on payment of utility lbes,taxes,assessments,fines,penalties and other financial claims due to the City. Other: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation plan and all applicable city codes. No law than the 161 of'each calendar month,the licensee must submit to the Building and Community Standards Department a written report gibing all steps taken to comply with the Mitigation flan. • I verily that all information provided above:is true and accurate. I understand that ifl do not comply Page 2 Type IV Mitigation flan 4-11 Mill an approved Mitigation Plan,enforcement actions such as citation,formal complaint or license review may result: teen Su (Xvner or Agent Name and Title(Please Print) ,nee or Agent Signature- Date Additional Owner or Agent Name and Title(Please Print)Cfapplicable) Additional Cfwmer or Agent Signature ff applicable) bite • Police DeparnnentlTitk D8 Building&Community Standards department I Tide Date page 3 Typc tY Mitigation Platt 4-11 • RESOLUTION NO. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TYPE IV AND TYPE II RENTAL LICENSES FOR 6761 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property qualified for a Type IV Rental license; and WHEREAS, the initial Type IV Rental license expired February 28, 2012; and WHEREAS, the owner met the requirements of a Type IV Rental License including City Ordinance Section 12-901.2 Phase I, II and III of the Crime Free Housing Program and Mitigation Plan; and WHEREAS, the property owner has applied for and met the rental licensing requirements in order to obtain a Type II Rental License; and • q Yp WHEREAS,the Type II Rental license will expire February 28, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License and a TYPE II Rental License are hereby approved for the property at 6761 Humboldt Ave N, Brooklyn Center,MN. March 26 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. • • Humboldt Square Owners Association Date:2-12-2012 To: City OfBrooklyn Center Address: 6301 Shingle Creek PI-wy Brool-lyn Center,Minnesota 55430-2109 763-.569-3300 This is a schedule ofconcemsthe city has for Humboldt Square Owners Association 6749 to 6777 Humboldt A,.,enx*North Brooklyn Center,Minnesota 55430. Witch we aretryingto take care of forthe city of Brooklyn Center. • CITIES SHORTTERAI PROJECTS Hopetodo theme projects ithin 1 %yeara To get an Alssocimion Started again �Ve have hired a management person to guide us to resolving our coals J&DMaiutenance 6103 64*Avenue North Brooklyn Park,Minnesota 55429-1905 IA'e voted for officers. Got Association Insurance l fskinenew Association Rules and Regulations Gettlag a Bank Account N NIe have&E1NNumber from the InternalRevenue Service V'e are waiting for an assumed name certificate from the state this shouldbe her within 2 weeks so we can open abank account Trees and Stumps trimmed and removed as we go along should be clone within *e,first 3 months of summer. Pot Hales in essays: This is done the have filled all pot holes and will keep drivetvas,5 in good condition. i • Lawn and Snow Removal '4't'e have obtained a company to start this project right away. "Cruse trimming is scheduled also be done and removal of stumps. Trash Company is in place for association Sidiugt Fascia,Window wrap&Etc.goal is for this to be done in 2016 have a contractor picked out wraith the price so we can start putting money in saviugfor this job. CITIES LONG TERNI PROJECTS Rope to do these projects in about 5 to 6 years. 1» New Windom this should be clone in Summer of2017 2. Driveways Goal is to do them in 201$or sooner if sire can. • We want to make our association to standout from the rest in the community. So as themanagementcompanyhire4a to do the association daily projects I would like to thank the city for their input and we will be glad to help in any*way we canto keep our community great. Thank You in Advance Dave Southard l Humb oldt Square Owners As s ociation Management • City of Brooklyn Center ---------------- A Millennium Community March 21,2012 LI CHWEN SU 8508 W RIVER RD BROOKLYN PARK MN 55444 Re:Humboldt Square Town Home Association 6773,6749,6753,6757,6761,6765,6769,6777 Humboldt Ave N Dear Property Owners and Management: This letter is to summarize the phone conversation with the property manager Dave Southard on • February 17,2012 regarding the review of the capital improvement plan that was submitted. The plan is acceptable with the following conditions: . The siding,fascia,window wraps for the east building(6749,6753 6757,and 6761 Humboldt Ave N)must be replaced by July 31,2014. . The siding,fascia,window wraps for the west building(6769,6765,6773,and 6777 Humboldt Ave N)must be replaced by July 31,2015. . Windows must be replaced in the east building(6749,6753 6757,and 6761 Humboldt Ave N)by July 31,2016. . Windows must be replaced in the west building(6769,6765,6773,and 6777 Humboldt Ave N)by July 31,2017, • The full driveway and parking areas shall be resurfaced or replaced by July 31,2017. It must be maintained free of holes and significant defects in the meantime. . All other maintenance items must be followed as stated in the Capital Improvement Plan. . The property will continue to maintain an active Homeowners Association. Because of the age and extent of the deferred maintenance,it may be necessary to expedite the time frames for replacement in the future. The progress at the property is appreciated and the City looks forward to continuing to work together in order to ensure ongoing short-term and long-term property improvements. The dates set in this letter and the improvement plan will be monitored. Failure to meet any condition may result in enforcement actions such as citations,license revocation/suspension/denial,or a formal complaint with a mandatory court appearance. For a licensed rental property,required repairs listed In the plan will continue to be recorded during the rental inspections and will affect the rental license criteria until they are corrected. We appreciate your efforts to keep the City of Brooklyn Center a great place to live, If you have questions,please contact me at 763-569-3420. Sincerely, �y ' — I.E.sT Anderson Housing and Community Standards Supervisor 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.cityotbraokZynccnter.org • • City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM • DATE: March 12, 2012 TO: Curt Boganey, City Manager t, FROM: Sharon Knutson, City Clerkvi/ SUBJECT: Type IV 6-Month Provisional Rental License for 6753 Humboldt Ave 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 6753 Humboldt 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: 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. This property is one individually-owned unit that is part of a townhome property consisting of eight units. The association currently has common area maintenance issues that are in need of long-term replacement to improve the overall conditions of the property,beyond the minimum repairs performed over the years. Due to extenuating circumstances such as significant costs and re-establishing a homeowners association, staff has worked with the property owners to develop a long term capital improvement plan as well as address operational items. Staff is recommending approval of a rental license, in lieu of license denial,based on the following: • The association has recently been reestablished after the association was dissolved. Many of the properties were foreclosed upon in the past 5 years. • There has been a coordinated approach with the new townhouse association to resolve ongoing issues at the property since an active association has not been in place for the past several years. • The license application process and fees for the license were met. • • The owner has been active in completing many of the requirements of the Type IV Rental License. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • The degree of wear varies by individual unit for the siding,windows, driveway and other • surfaces making a coordinated approach especially important. The capital improvement plan for the townhome property will allow for higher quality, coordinated property improvements that will foster consistency, add value to the property and benefit the neighborhood. The City has other enforcement options, in addition to license actions, if the plan is not adhered to. A copy of the capital improvement plan and staff review letter is attached for your information. The following is a brief history of the license process actions: Type IV license approval activities 07-20-11 MoeenAhmad Masood and Shehla Alavi,property owners, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family attached property. 08-11-11 The owner completed phase I of the CFHP by attending the eight hour course and receiving the certificate of completion. 08-12-11 An initial rental inspection was conducted(11 property code violations were noted) 09-08-11 The owner attended the ARM meeting. 09-23-11 A follow up rental inspection was conducted and all non-association related violations had been corrected. 09-30-11 The rental license approved by the City Council expired. • 10-05-11 A letter was sent to owners notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license(submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09-26-11 A notice was sent to all property owners within the Humboldt Square Townhome area relating to the required common area maintenance. 10-03-11 A meeting was held with property owners from Humboldt Square Townhome area where reestablishing an association and long term improvements were discussed. 10-04-11 A second notice was sent to all property owners within the Humboldt Square Townhome area relating to the required common areas maintenance. 10-20-11 A second meeting with the association owners was held. 11-10-11 The owner attended the ARM meeting. 01-17-12 A meeting was held with the new Association Manager for the Association. 01-19-12 A meeting was held with the association owners. At this time the owners voted to reestablish the association,assign board members, and hire Dave Southard as the new association manager. 02-03-12 A long term capital improvement plan was submitted by the Association Manager. Minimum repairs and short-term improvements were made to association related items. 02-17-12 A mitigation plan was submitted. g 02-23-12 The owner submitted an application for the next rental license to be reviewed in . the future. Inspections are in process. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM • 03-31-12 The rental license will expire. Type IV rental license duration is six months. In this case,the next license renewal activities are in process. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. I. 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 a level that qualifies for Code issues described in Section 12-901 and 12-911 to q property a Type 1, 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 the Council shall approve, disapprove, or opportunity to be heard and resent evidence, pp , pp pp tY p approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences • and/or property Code violations. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as • approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect,monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. . 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100%of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25%of units,to include a minimum of 12 units, will be inspected for properties with 16 or more units. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust I ITEM EM M EMORANDUM 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 05 A M4 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+,units Greater thar ,0 75 but not more han.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 han z Type IV—6 Months 1-2 units Greater than 8 3� units 'G r 3: 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized • as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault, burglary,theft,auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b)and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3=4,units 0=0 25 _ 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3=4 amts Greater than025 but not2more than l . 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4'11n Greater.than 1 5 or more units Greater than 0.50 • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM • Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment I-Axial Photo of Humboldt Square Townhome area Attachment II-Mitigation Plan Attachment III- Townhome Association Capital Improvement Plan Attachment IV- City Response Letter • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust i Arial Photo of Humboldt Square Townhome area • n � - r I I r- N. Silas n. y i o` � P'ID:351192111 024 p Vv of t I M"O ,YN 16777 Humboldt Ave N � � T k II • �. � � Brooklyn Center,MN 55430 feb. 12. 2812 8,83AM No. 4121 F. 2 City of Brooklyn Center Phone:763.569.3300 I7Y711 . 6301 Shingle?Creek Parkway Aux:763 SCO.3360 Brooklyn Center,MN 53030-2199 ivyliv.c#'IWIbrookiynceAtcr org Rental License Migatlon Plan-e TV Rental License ffrrrrrlu►rr'r"len planar will not be a mepbrd.Please type or J3llable for»r on w�ebs114 ri -p OVA y 753-14vmboit AVe N4, raol�ly0(ellt , F 4 p bwr y la a�°l t t1`* Local MOW Add Y �s Fm e Aricii oiit t�ess: x,_ r lVtteY Prot . , 3 . -6.1 M38 NA ' Agent �c . '-btifrt �! h :l:� t A , trriails:t�J .° y F A PAO ttpicn tw ■ Rztealrznciviccnt~ xlrtnt +r, .Dc '' a T . . . . ,• = ♦. "�'endin fry„ nrontYu aanttitxsc r�r Based on property conditions and(or validated police nuisance incidents,the above refo eneed property qualifies for a'Type IV Mental 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 trust be • submitted immediately to ensure timely completion oftlto license application process. Tho Mitigation Plan should indicate the steps being taken to to rect identified violations and the measures that will be taken to Marc onningoggW=with City Or4in3noes and applicable Codrs- The Mitig rtion Plart provides an opportunity to review property concerns and identify possible solutions to improve file overall conditions and management of die property. NOTTCC: Time is Rurming out—you must TAKE AC17ON NOW In cater to meet all the city ordinance and Mitigation Plan(equ remcncs within this'spending license period and avoid legal actions. Submit the following docamerrts with thee Mitigation'Plan for approval: 1. Crime Free Housing Nograrn Tolning Certificate(if completed,if not completed,please include schedtiled date In Section C. 2. Copy of Lease including Minnesota Grime Flu Housing Lease Addendum I. Submit written report by 101b ofcach month(after Ikens a approval), Ella 0.. y a I, Use written lease Including Chime free Housing Least Addcrsdum, 2. Condoct criminal backgroundelleck for all prospective tenants. Provide documentation to City if taquested. 3. ftnur the eviction of taunts who violatt the terms of the lean or any raddendums. Page 1 Type IV Mitigation Plan Rev 11•16-11 r tr). It. tint 0:95 s1 NO. 4111 r. S 4. Attend City approved tight hour Crime Free Housing course. • Elate Course Completed: or Date Courses Scheduled., Phase Complete Security Assessment and Implement all security improvements recommended by the Brooklyn Center Police Department Barre Scheduled: V2412012 Improvements to be completed by. Phase III FT II will attends minimum of SO*/*oftho AAM meetings(two). i 1 f{v i s i twill attend the ARM meetings scheduled for R-OmO ud ft ARIA movfts & e i i Do these two meeting dates occur before the*Pending T,%Iv Nkloense expiration dato? El Yep No (*See S'ectlon If net,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 pad.year. P'ar properiles with four or more antis. I Will conduct resident traini annum that includes crime prevention techniques. � � p 4 ,t Will hold regular resident meeting& Based on condition and ago,estimated replacement dates are prodded for common capital items. blinding should be eontiderod accordingly. However,items broken,wom or otherwise in violation prior to the estimated re lacemctn date will require earlier corrections. Date Last Replaced Estimated Itc lacerirent Bate Furnsce/A.C• 2010 Mo Water Heater- 2010 two Kitchen Appliances- rolo 2020 l&jnLd A lianees' 2010 t Exterior -Paint/Siding,fascia,trim Wt�rtnec xt Windows vit n0#8&l -Root � fttda -Fences _ vnear rya -Shed NON �t3arage -Driveway. vrM+, -Sidewallo; Smoke Alarms&Carbon Monoxide Alarms 2011 lean mairta Oth a �e a s Implementing the following best practices may assist in the management of your propcsty. BY theekin the boxes blow,you agree to; 1. Chet:in with temants every 30 days. 2. Drive by property to check for violations twice a month, • Page 2 Type IV Mitigation plan Revs 11-16-11 Feb. 11. 2012 8.03# 1 Na. 4321 P. 4- U 3. Evict tenants in violation of the least and all addendums. • M 4. Provide lawnlsnow serf im 5. Provide prbage=vice, 6. Titstall security$ystcm. Tula+ $responSWW as per l"Se 7, Provide maintenano serrvio plan for appliances. Name ofstrvlce to.. g, t am and will remain current on payment of utility fm,taxes,assessments,firm,penalties and other financial oloh ns due to the City. 9. Other(s), Mease read thoroughly: lf"the lWe IV Rental License Is approved by the City Council,the Licensee must comply with the approved Mitigation Dian and all applicable city codes. No later than the,10*ofeach calendar month,the licensee tntist submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I V00Y that all information provided above is true attd accurate. t understand that if 1 do not comply with on approved Aditlgation Plan,comply with all applicable ordinances within the license period,or operate beyond the license expitation date,enforcement actions such as citations,fortnal complaint or license review may result Mcleen Masoad (Owner) Owner or Agent&oa d Tjtit(Please.pri'nrj 211 7/Ovmer or Agent late Additional Owner or Agent Naito and Title(/f applicable){Please Print) Additional Owner oi-Agent Signature (f'nppl/cable) Date Fear City List--Kilption plan Appiovtd Oy. gr Dtpattment/Title at 40et I'M» Hu' &Community Standards Depaitment/Tide 7 bate Page 3 Type W Mitigation Plan Rev 11-16-11 • • Humboldt Square Ommers Association Bate: -12-2012 To: City Of Brooklyn Center Address: 6301 Shingle Creek Pkwy Brooklyn Center,Minnesota 55430-2109 763-569-3300 This is a schedule of concerns the city has for Dumb olds Square Owners Association 6749 to 6777 Humboldt Avenue-North BrooklynCenter,Minnesota 554 th. Witch we are trying to take care of for the city of Brooklyn eater. C.'1 M SHORT TERM PROJECTS Hope to do these projects within 1 ' }ears To get an Association Started again We havehired a management person to guide us to resolving our coals J '•DMaintenance 6108 64"Avenue Forth Brooklyn Park,Minnesota 554294905 We voted for officers. Got Association Insurance Makingnew Association Rules and Regulations Getting a Bank Account We h ax,e&EIN Number from the Internal Revenue Service We are waiting for an assumed name certificate from the state this shouldbe her within 2 weeks so we can open abank account Trees and Stumps trimmed and removed as we go along should be done within first months of summer. Pot Holes in Driveways: This is done we have filled all potholes and will keep driveways in good condition. • • Lawn and Snow Removal We have obtained a company to stert this project right away. Tree trimming is scheduled also be done and removal of stunps. 'gash Company is in place for association Siding,,Fasc a,'i Indow gape.Etc.goal is far this to be done in 2016 have contractorpicked outwiththeprice so we can start puttiagmoney in mingforthisjob. CITIES LONG TERM PROJECTS Hope to do the-.e pro j ects in about S to S gears. I. New Windows this should be done in Summer of 2017 2. Drh ewa?s Goal is to do them in 201S or sooner if s cyan. • We want to make our association to standout from the rest in the community. So as the management company hired to do the as s ociation daily projects I would like to thank the city for their input and we will be r1ad to help in any way we canto keep our c ommunity great. Thank You in Advance Dave Southard 1 Humboldt Square Owners r'�ssociationMaanagament • City of Brooklyn Center A Millennium Community March 21,2012 SHEHLA ALAVI&MOEEN MASOOD 3613 CLARE DOWNS PATH ROSEMOUNT MN 65068 Re:Humboldt Square Town Home Association 6773,6749,6753,6757,6761,6765,6769,6777 Humboldt Ave N Dear Property Owners and Management: This letter is to summarize the phone conversation with the property manager Dave Southard on February 17,2012 regarding the review of the capital improvement plan that was submitted. The plan is acceptable with the following conditions: . The siding,fascia,window wraps for the east building(6749, 6753 6757,and 6761 Humboldt Ave N)must be replaced by July 31,2014. • The siding,fascia,window wraps for the west building(6769,6765,6773,and 6777 Humboldt Ave N)must be replaced by July 31,2015. • Windows must be replaced in the east building(6749,6753 6757,and 6761 Humboldt Ave N)by July 31,2016. • Windows must be replaced in the west building(6769,6765,6773,and 6777 Humboldt Ave N)by July 31,2017. . • The full driveway and parking areas shall be resurfaced or replaced by,July 31,2017. it must be maintained free of holes and significant defects in the meantime. All other maintenance items must be followed as stated in the Capital Improvement Plan. • The property will continue to maintain an active Homeowners Association. Because of the age and extent of the deferred maintenance,it may be necessary to expedite the time frames for replacement in the future. The progress at the property is appreciated and the City looks forward to continuing to work together in order to ensure ongoing short-term and long-term property improvements. The dates set in this fetter and the improvement plan will be monitored. Failure to meet any condition may result in enforcement actions such as citations, license revocation/suspension/denial,or a formal complaint with a mandatory court appearance. For a licensed rental property,required repairs listed in the plan will continue to be recorded during the rental inspections and will affect the rental license criteria until they are corrected. We appreciate your efforts to keep the City of Brooklyn Center a great place to live. if you have questions,please contact me at 763-569-3420. Sincerely, essrson Housing and Community Standards Supervisor 6305 Shingle Creek Parkway � Recreation and Community Center Phone&TDD Number Brooklyn Center,MN55430-2199 (763,)5569-3400 City Rall&TDD Number(763)569-3300 FAX(763)569-3434 FAX(763)569-3494 www.cityofbrooklyncenter.org • City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM . DATE: March 12, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk v45 SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt Ave 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 and Resolution for 6765 Humboldt Ave. 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 property code violations. However,the property owner failed to meet the condition(s)of the Type IV Rental License, specifically the owner did not complete security improvements or attend the required Association of Responsible Managers meetings. • The property owner received a Type IV Rental License on August 22,2011 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 lI of the Crime Free Housing Program including Crime Prevention Through Environmental Design(CPTED) security assessment and improvements. 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. This property is one individually-owned unit that is part of a townhome property consisting of eight units. The association currently has common area maintenance issues that are in need of long-term replacement to improve the overall conditions of the property,beyond the minimum repairs performed over the years. Due to extenuating circumstances such as significant costs and re-establishing a homeowners association, staff has worked with the property owners to develop a long term capital improvement plan as well as address operational items. Staff is recommending approval of a rental license, in lieu of license denial,based on the following: • The association has recently been reestablished after the association was dissolved. Many of the properties were foreclosed upon in the past 5 years. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • There has been a coordinated approach with the new townhouse association to resolve • ongoing issues at the property since an active association has not been in place for the past several years. • The license application process and fees for the license were met. • The degree of wear varies by individual unit for the siding, windows, driveway and other surfaces making a coordinated approach especially important. The capital improvement plan for the townhome property will allow for higher quality, coordinated property improvements that will foster consistency, add value to the property and benefit the neighborhood. The City has other enforcement options, in addition to license actions, if the plan is not adhered to. A copy of the capital improvement plan and staff review letter is attached for your information. The following is a brief history of the license process actions. Current Type IV license approval activities 08-16-11 The owners,Moeen Ahmad Masood and Shehla Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family attached property. 08-11-11 The owner completed phase I of the CFHP by attending the eight hour course and receiving the certificate of completion. 09-07-11 An initial rental inspection was conducted and the only violations included the long-term common area improvements such as driveway maintenance and lawn • maintenance. Minimum maintenance was completed for other association items. 09-08-11 The owner attended the ARM meeting. 09-26-11 A notice was sent to all property owners within the Humboldt Square Townhome area relating to the required common area maintenance. 10-03-11 Meeting with property owners from Humboldt Square Townhome area where reestablishing an association and long term improvements were discussed. 10-04-11 A second notice was sent to all property owners within the Humboldt Square Townhome area relating to the required common areas maintenance. 10-20-11 A second meeting with the association owners was held. 11-10-11 The owner attended the ARM meeting. 01-17-12 A meeting was held with the new Association Manager for the Association. 01-19-12 A meeting was held with the association owners. At this time the owners voted to reestablish the association,assign board members,and hire Dave Southard as the new association manager. 02-03-12 A long term capital improvement plan was submitted by the Association Manager. 02-28-12 The rental license expired. Note: The owner applied on 02-23-12 for the next rental license and the inspection is scheduled. • Mission:Ensuring an attractive,clean,safe conununity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Prior Type IV Rental License approval activities: 03-01-11 Moeen Ahmad Masood and Shehla Alavi applied for renewal of the rental dwelling license for 6765 Humboldt Ave N. 04-04-11 An initial rental inspection was conducted (14 orders cited, see attached rental criteria). 05-17-11 An inspection was conducted passed with a weather deferral. 06-07-11 A letter was sent stating a mitigation plan must be submitted. 07-07-11 A weather deferral inspection was conducted and the property failed. 07-20-11 The mitigation plan was submitted. 08-13-11 The license was approved. 08-15-11 A rental inspection was conducted and all violations passed 08-17-11 The reinspection fees were paid. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be meta Excerpt from Chanter 12 of Citv Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that 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 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police • and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is'achieved. . 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust 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 75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3±units Greater than Q.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,-abut not more'tlian`3 Type IV—6 Months 1-2 units Greater than 8 3±units :. Greater than 3 ; b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized • as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service& Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 37-4,units s 00.25 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;Q.25 but not -A han-1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3- units) Createrthaiil 5 or more units Greater than 0.50 • Mission:Ensuring an attractive,clean,safe community,that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment I-Aria1 Photo of Humboldt Square Townhome area Attachment II-Mitigation Plan Attachment III- Resolution approving rental license Attachment IV-Humboldt Square Capital Improvement Plan Attachment V- City Response Letter • • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life anti preserves the public trust Arial Photo of Humboldt Square Townhome area k � r �sSS �s£�•Y -.�ii'�L, � I`:_. �tier?.. ry i u z...e.�,�-�are.:£ras t�T�ias"k.,�k7.es•.. dW, t� k Y PID: 35119111004 6777 Humboldt Ave M Brooklyn Center, MM 55430 • City of Brooklyn Center Vie.763•50•3jery 6301 Shingle Creek Parkway "YlVdfre 7.11 Brooklyn Center,MN 55430-2199 Fax*70-569-34 94 aa�oci�C�vlbrcoJtf,�mcrntarorg R=Wl License Mitiption PUn IV L' c) H"ord"wiven pf"m a►vW ow be aemp"ftase"or w e jWabte ax Ombsf Property A = 6766 hUfl'bolt aVe N, Brooklyn Center, MN 6WO Owner Name. Moeetl Masood Loral Agent: Owner Address: Agent Address: 3613 Cure Downs fah,Roaerrrourat.MN 65M Owner Phone. 6512613638 Agent Phone. Owner Entail-- moeonm @yahoo.com Agent Email: `l"ltie above rcfcrenced property qualifws for a Type N Rental License. A Mitigation Plan trust be completed and reviewed by City staff"before the rental lio=e application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being talten to correct identified violaUous and the measures that will be taken to ensure ongoing compliance;with City Ordinaaoes and applicable Codes. IU Mitigation Plan provides sun opportunity to review property concerns and L4Lnk possible solutions to improve the overall conditions of the • Section A=PegtaLrsx Doc>it jots Submit the following documents with the I tiptlon Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not comploted,Ouse include scheduled date in Section B. CZ]2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit wdttc a report by 10&of each myth(after license approval). Section B—Criine;Free WiWny.Program Requirements Please X 1. Use writt n lose including Crime Frrm Housing Luse A duet. 2. Couduct criminal backgapt M check far all prospective tenants. Provide documentation to City if requested. 3, Pursue the eviction of tenants who violate the terms of the Rase or stay addexrdums. 4. :Attend City approved eight hour Crime Free Housing course. DateCourseCornpleta Date Course:Scheduled; Phase 11 Complete Security A:ssessment sod implement all security improvements r000mn Banded by the Brooklyn Center Polio Delmvnent. Date Scheduled � � /� Improvements to be completed by- . FX4E Pagel Type IV"Mitigation Plan 4-11 t Phase III r"1 i will a minimum 0%of the ARM mectin (twt�). l will the ARM trtoetings scheduled for. _L11 10 I will have no repeat code violations previously documented within ihe past year, Forpropender wftfoxr or more knits; PI will conduct resident training annually that includes crime prevention techniques. 7011 will bold regular resident meetings. Section C—Lout Terra Capital Im rovettnents Plan Daft Last keplac ed Flat= urcernent Date PurnacetAC oarjaog ► Water Heater a 0 2.1— Kitchen A tianm 43 Mt7t?,M +�+ Laundry Appliances Bti01 Exterior -Faint/Siding srt C> Windows frrjw2w9 40 -Roof 2- 0'z9--Fence t3/ �r Cr1 tt -Garage ts! Driveway Sidewalks Srrmokc Alarms 8c Carbon Monoxide Alarms t3t3ttf2co9 i°' Others • Section D—Steps to Improve Meta ement and Conditions of Property- Implementing the following!test practices may assist in the management of your property. By dsecJkf»g the boarrar below,yam agret to: Check in with tenants every 30 days. Drive by property to check for violations twice a month, Evict tenants in violation ofithe law and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. rovide maintenance Service plan for appliances. Name of service company.— lam and will gain to Trent on paytricat of utility Fees,taxes,assessments,firm penalties and other financial claims due to the City. x/ Other: r the i+aastr kA tonant is reancn ode tar am tan 110chackM If the TA*IV Mental License is approved by the City Council,the Licensm must comply with the approved Mitigation flan and all applicable city codes. No later than the I0*Ofeaeb calendar month,the licensee must submit to the wilding and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify drat all information providcd above is true and accurate. I understand that if I do not Comply Page 2 Type IV Mitigation Plant 4-11 • • with an approved Mitigation Plan,enforcement actions such as citation,formal complaint or license review may result. Moeen Masood Owner or Amt Name and Tide(Please Print) agent Signatuuc � Additional Owner or Agent Name and Title(Please Print)Of*pliaable) Additional Owner or Agent Signature rfapplicable) Date • Police Department l Title Date Bung$c Community Standards Department t Title Date Page 3 'Type IV Mitigation Plan 4-11 RESOLUTION NO. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-.900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS,the property located at 6765 Humboldt Ave N,was issued a Type IV Rental License on August 22, 2011; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program;and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an • owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6765 Humboldt Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that a TYPE IV Rental License is hereby approved for the property at 6765 Humboldt Ave N,Brooklyn Center,MN. 03/26/2012 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. • • • Humboldt Square Owners Association Date:2-12-2412 To: City OfBroold,•n Center Address: 6341 Shingle Creek Pl~ T Bro okkyn Center,Minnesota 55434-2149 763-569-3300 This is s schedule of concerm the city*has for Humboldt Square Owners Association 6749 to 6777 Humboldt Avenue North BrooklynCenter,Minnesota 55430. Writch we are tryingto take care of for the city,of Brooklyn Center. CITIES QR<T TMI PROJECTS • Hopetodo these projectswithia I%years Y To get an Association Started again We have hired a managementperson to guide us to resolving our coals J&D Maintenance 6108 646 Avenue North Brooklyn Park,Minnesota 55429-1945 We voted for officers. Got Association Insurance Makingnew Association Rules and Regulations Cettiug a Bank Account We have EIN Number from the lnternalRevenue Service We are waiting for an assumed name certificate from the state this shouldbe her within 2 weeks so we can open a bank account Trees and Stumps trimmed and removed as we go along should be done within first months of summer. Pot Holes in Driveways: This is done we have filled all pot holes and will keep driveways in good condition. • Lawn and Snow Removal We have obtained a company to start this project sight array*. "Tree trimming is scheduled also be done and removal of stumps. Trash Company is in place for association Siding,Fascia,W'mdow gaps,Etc.goal is for this to be done in 2015 have a contractor picked out x ith the prig s o we can start putting moneyr in saving for this job. CTM LONG TERAI PROJECTS • Hope to c these pro ject in about 5 to 6 ears 1. New Windows this should be done in Summer of20'17 2. Drn•ewaysGoalis to dothemin 2018 or soonerifwe can. rest` the community. - to d standout from the r m We giant to snake our as socrat�on scan So as the management company hired to do the association daily projects 1 would like to thank the city for their input and we will be glad to help in any way we can to keep our community great. Thank Y'ou in Advance Dave Southard I Humboldt Square Owners Association lanapment • • City of Brooklyn Center A Millennium Community March 21,2012 SHEHLA ALAVI&MOEEN MASOOD 3613 CLARE DOWNS PATH ROSEMOUNT MN 55068 Re:Humboldt Square Town Home Association 6773,6749,6753,6757,6761,6765,6769,6777 Humboldt Ave N Dear Property Owners and Management: This letter is to summarize the phone conversation with the property manager Dave Southard on February 17,2012 regarding the review of the capital improvement plan that was submitted. The plan is acceptable with the following conditions: • The siding,fascia,window wraps for the east building(6749,6753 6757,and 6761 Humboldt Ave N)must be replaced by July 31,2014, • The siding,fascia,window wraps for the west building(6769,6765,6773,and 6777 Humboldt Ave N)must be replaced by July 31,2015. • Windows must be replaced in the east building(6749,6753 6757,and 6761 Humboldt Ave N)by July 31,2016. • Windows must be replaced in the west building(6769,6765,6773,and 6777 Humboldt Ave N)by • July 31,2017. • The full driveway and parking areas shall be resurfaced or replaced by July 31,2017. It must be maintained free of holes and significant defects in the meantime. • All other maintenance items must be followed as stated in the Capital Improvement Plan. • The property will continue to maintain an active Homeowners Association. Because of the age and extent of the deferred maintenance,it may be necessary to expedite the time frames for replacement in the future. The progress at the property is appreciated and the City looks forward to continuing to work together in order to ensure ongoing short-term and long-term property Improvements. The dates set in this letter and the improvement plan will be monitored. Failure to meet any condition may result in enforcement actions such as citations,license revocation/suspension/denial,or a formal complaint with a mandatory court appearance. For a licensed rental property,required repairs fisted in the plan will continue to be recorded during the rental inspections and will affect the rental license criteria until they are corrected. We appreciate your efforts to keep the City of Brooklyn Center a great place to live. if you have questions,please contact me at 763-569-3420, Sincerely, pry esse Anderson Housing and Community Standards Supervisor 6301 Shingle Creek Parkway Recreation and Community Center Phone&TDI)Number Brooklyn Center,MN 55430-2199 (763)569-3400 City Hall&TDD Number(763)5169-3,900 FAX(763)569-3434 FAX(763)559-3494 www.cityofbrooldyncenter.org • City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: March 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5245-5247 Drew Ave 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 5245-5247 Drew 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 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 31 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. The property was previously issued a Type III Rental License that expired on November 30, 2011. 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: Current license activities: 12-08-2011 The property owner,Mai Xiong, applied for renewal of the rental dwelling license for 5245-5247 Drew Ave N, a two-family dwelling. 12-27-2011 An initial rental inspection was conducted. 31 property code violations were cited, see attached rental criteria. (12 violations for 5245 and 19 violations for 5247) 01-12-2012 A$300 administrative fine was issued for operating without a valid license. (expired 11-30-2011) 01-19-2012 The owner called requesting an extension but was informed by city staff that since the license had expired(11-30-11),the scheduled inspection for 0l-27-12 would need to be kept to avoid additional actions related to the expired rental license. 01-27-2012 A second rental inspection was conducted and passed with weather deferral 01-27-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 02-13-2012 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. 03-02-2012 A Mitigation Plan was submitted. 03-06-2012 The Mitigation Plan was finalized. 03-08-2012 A reminder letter was sent to the owner(s) regarding the requirements of the Mitigation Plan. 03-15-2012 A letter was sent to the owner notifying them that the hearing before the Council will be held March 26, 2012. Previous Type III license activities: 11-30-2011 The Type III rental license expired. 12-06-2011 The property was posted as unlicensed. 12-07-2011 A$125 administrative fine was issued for failing to meet the requirements of the previously approved Action Plan(did not attend 50%of the ARM meetings). 12-08-2011 The owner, Mai Xiong, called regarding the posting of the property and stated she was out of the country. If approved, after six months, a new rental license is required. In this case, the license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services • for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chanter 12 of Citv Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type 1, 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. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code • violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100%of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75%of units will be inspected for properties with 15 or less units. • At least 25%of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. • • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—.3 Year 1-2 units 0-1 3±amts Type II—2 Year 1-2 units Greater than 1 but not more than 4 3 units _" Greater than 0;75 but natmore than 1=5 , Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3 amts Greater than,l 5 but not more than _., Type IV—6 Months 1-2 units Greater than 8 3+units` Greeter tliari'3 t.,, 4 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include . disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery,aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service& Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3 ,4:umts 0=025 = 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3- amts Greater than 0.25 . but notmore 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 amts.,';° Greater,than l 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan ii • I • Mission:Ensuring an attractive,clean,safe community that enhances the duality of life and preserves the public trust City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax 763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenterorg Rental License Mitigation Plan--Type IV Rental License Handwriden plans will not be accepted Please type or use fellable form on City website. 'fix x�, <r - 7 - r'"` r her r r:1 -r, ✓£.. 7rc-.. ,. 14.4 . N, z -_,r c• '' � Ga" en' - ,,r`� +' E��cz ?s'tl � �t�''i&� t„c�,,,1 '.�. r r`� c�� (��' �"r �i$"�.� �� ��K f/l.t �t ���. "� �Slr1Ws��/,,�t�� �J y��""'��.' 'x. �G3'�£,�'{i•' c�< n 7r ft / d,,,,;.5,� i ,r e vy i Y'i� �1"'3_2�r• / C+ 5 `j /t '"'�^:V7>?..'t N/5.�` " rc' i ..-,f<�..'n. �Jz� �atr 7(xk. �frs'2 `F6- < c r fir s �_l,r _. t 4 r Ca.z '� • '�/ 7 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_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 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. Submit the following documents with the Mitigation Plan for approval: M1. 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 IM3. Submit written report by I&of each month(after license approval). Phase I W1. .Use written lease including Crime Free Housing Lease Addendum. © 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. ® 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 • E50 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Nt or Date Course Scheduled: Phase H 7 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 0, /OT, aSf 1 Improvements to be completed by: Phase III I will attend a minimum of 50%of the ARM nice ?s-(tw .. I will attend the ARM meetings scheduled for:_, -g-` mam 1-z) Do these two meeting dates occur before the*Pending Type NLicense expiration date? ❑Yes❑No * r a e IV Rental License upon renewal. See Section A If no you will only be able to qualify for P ( +Y Y 9 Y Type CKII 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. 0 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 Furnace/AC- D 6 Water Heater- w_r' / Kitchen Appliances- 4kw m"ay maz 1944 Laun App liances- p Exterior -Paint/Siding,fascia, -Windows -Roof -Fence -Shed AL 6V4 Al u -Garage 'wyt{ a rJ2v -Driveway ad -Sidewalks Smoke Alarms&Carbon Monoxide Alarms 2- u Others 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. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 • 3. Evict tenants in violation of the lease and all addendums. F14. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. Mm7. 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. 0 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 10'h 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 8'1 (! wn r or Agent Name and Title lease Print) i Owne or Age Si afore Date Additional Owner or Agent Name and Title(if applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use--Mitigation Plan Approved By: Police Department I Title Date Building&Community Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 i City Council Agenda Item No. 10e • • COUNCIL ITEM MEMORANDUM DATE: March 22, 2012 • TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Eminent Domain—Proposed Charter Amendment Recommendation: It is recommended that the City Council consider acceptance of the report and direct its' submission to the Charter Commission for consideration. Background: On March 12th 2012 the City Council received a report from the Charter Commission wherein it recommended that the City Council adopt an ordinance (enclosed) amending the City Charter Chapter Nine- Eminent Domain. During the presentation several question were raised regarding the value and the effect that this amendment would have on the City's ability to use eminent domain as a way acquiring property for a public purpose/use. The City Council asked the staff(minutes excerpt enclosed) to provide the Charter Commission . with the pros and cons of their recommendation. The City Attorney has drafted an assessment of these effects for your acceptance and direction. Budget Issues: There are no budget issues to consider. Council Goals: Select not more than two. Strategic: l We will proceed.aggressively with implementation of City's redevelopment plans 3. We will stabilize and improve residential neighborhoods Mission:Fitsuring an attractive,clean,safe eointnunl(y that enhances the rlualit)'q fife and preserves the public trust Charles L.LeFevere • Kennedy 470 o Bank Plaza S 200 South.Sixth Street Minneapolis MN 55402 (612)337-9215 telephone (612)337-9310 fax Graven J clefevere @kennedy-graven.com http-//www.kennedy-graven.com CHARTERED MEMORANDUM Date: March 22, 2012 To: Curt Boganey From: Charles LeFevere Re: Proposed Amendment to Brooklyn Center City Charter At the regular City Council meeting of March 12, 2012, the Brooklyn Center Charter Commission proposed to the City Council an amendment to the City Charter, for adoption by ordinance. The City Council requested that staff prepare comments on the proposed amendment for consideration by the City Council. The first part of the amendment relates to Charter Section 9.01,which gives the City the authority to acquire property. The first sentence of Section 9.01 currently reads "The city may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries,which may needed by the City for public use or purpose." The proposed Charter amendment would amend the last clause to read "for a public use or public purpose". I believe that this would not change the meaning of the Charter but apparently the Charter Commission felt it was important for purposes of clarification. The Charter Commission also proposed to add a new subdivision 1 to Section 9.01 which would define "public use" or"public purpose". The definition is exactly the same (with the exception of a missing comma) as the definition in state law under Minn. Stat. § 117.025, Subd. 11. This amendment to the Charter would not change the law relating to acquisition of property by eminent domain since the provision in state law already controls acquisitions by the City of Brooklyn Center. Minn. Stat. § 117.012, Subd. 1 provides that"Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, all condemning authorities, including home rule charter cities, and all other political subdivisions of the state, must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional procedures, remedies, or limitations that do not deny or diminish the substantive and procedural rights and protections of owners under this chapter may be provided by other law, ordinance,or charter." • 400441v1 CLL BR291-7 1 Subdivision 2 of the same section provides that"Eminent domain may only be used for a public use • or public purpose." State law mandates that acquisition of property by eminent domain can only be for a public use or public purpose, as that term is defined in Minnesota Statutes. Therefore, it is not necessary to make the change proposed to Section 9.01, since state law has already made that change, and specifically supersedes any inconsistent charter provisions. However, it is also true that, because state law already mandates this change, the change will have no adverse effect on the City and its authority to acquire property, at least as long as the state law remains the same as it is now. The second change proposed in the Charter amendment would add a sentence to Section 9.03. Section 9.03 currently provides a deadline within which the City must pay a condemnation award determined in accordance with the procedures of state law. That deadline is either 70 days after the filing of a commissioners' report or 45 days after the final judgment, whichever applies. As it currently stands, if the City failed to make such a payment, the condemnee could seek an order of the Court to pay the award. The proposed Charter amendment would add a sentence providing that "If the award is not paid the court on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land." The City, of course, could avoid having the condemnation dismissed by paying the award within the time deadline. However, if, due to any administrative error or mistake, the City failed to make timely payment in accordance with the requirements of Section 9.03, the Charter amendment would provide for dismissal of the proceedings. This would mean that, if the City still wanted the land, it would have to start over with a new condemnation proceeding,which would not necessarily be in • the interest of the taxpayers. The proposed change to the Charter that could have the greatest effect on the City is a proposed amendment to Section 9.04. Under the current language of 9.04,the City has the ability to dismiss a condemnation action. However, if the City decides to abandon a condemnation, for any reason, the City is required by Section 9.04 to pay all reasonable costs and expenses incurred by the condemnee, including attorneys' fees. This provision was apparently intended to reimburse the landowner for costs, expenses and attorneys' fees incurred as a result of the eminent domain proceedings. The proposed Charter amendment would add a sentence to Section 9.04 providing that "The city has a 60 day period from the initiation by the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties." I see three potential issues with this proposed amendment. The first is that "The initiation by the city council of eminent domain" is not a legally defined event. There are a number of steps taken by the City Council and the City in the initiation of eminent domain proceedings, and without specifying which step is intended to start the 60 day period running, there could be confusion about when the 60 day deadline expires. The second issue is that the proceeding is dismissed unless"an extension is stipulated and agreed to by all parties." There may be many parties to a condemnation proceeding, including all parties who • have an interest in the property. The primary party in interest is usually the landowner. However, mortgagees, easement holders, tenants, and others may also be named in a condemnation action. It 4004410 CLLBR291-7 2 could occur that a landowner was willing to grant an extension (that is, the landowner wished to agree with the city abandoning the condemnation), but an easement holder or a mortgagee, might not be willing to consent. Therefore, if the intent of this amendment is to provide some protection to the landowner, that could be frustrated by any other party to the condemnation who did not wish to allow the dismissal. The third issue is the one that could have the greatest potential impact on the City's taxpayers. Under current law, if the City decides not to proceed with a condemnation action because circumstances have changed, it can abandon the action without paying the award or acquiring the property,provided that it pays the condemnee all of the condemnee's costs and attorneys' fees. The change in circumstances might be, for example, a case where the property was no longer needed for the original public purpose. This change in circumstances might not occur within 60 days. If it occurred after 60 days, and the landowner was not willing to allow the city to abandon the proceedings,the city would be required to complete the proceedings, acquire the property, and pay the landowner, even though the property was no longer needed for public purposes. This acquisition would be paid for by taxpayer dollars. Another reason for abandoning a condemnation action is that the condemnation award, determined by the commissioners or the court, is so much higher than the estimated cost, that the city decides the cost is not justified by the public benefit of acquiring the property. The City Council might decide, in such a case, that the expenditure of tax dollars for acquiring the property could not be justified. If the proposed Charter amendment were adopted, the City Council would not have the ability to protect the taxpayers' dollars in this way. I assume that the purpose of the proposed addition to Section 9.04 is to provide some additional • protection to the landowner. In most cases today,this additional protection may not be needed. The 2006 amendments to the law relating to condemnation so severely restricted the ability of public authorities to condemn land that the great majority of condemnations now are for simple projects like streets, road widening, utility easements, and the like. In these cases, acquiring authorities typically use the so-called "quick-take" procedure provided by Minn. Stan. § 117.042. Under this quick-take procedure, the acquiring authority does not have to wait to acquire title and possession to the property until all of the legal proceedings relating to the condemnation have been exhausted. Rather,the acquiring authority can take title and possession to the property 90 days after notification to the property owner of intent to take title in this way. Before taking title and possession, the City is required to pay to the owner, or deposit into court, an amount equal to the acquiring authority's approved appraisal of value. Once title and possession is transferred (which usually occurs at around 90 days), the title to the land or interest in the land is owned by the City, and the final determination of the amount paid to the condemnee is made at a later date, when the condemnation procedures are finalized. Once title and possession is transferred, the City is no longer free to abandon the condemnation proceedings. Therefore, in all such cases involving quick-take, the condemnee has the same protection as that which would be given to the landowner under the proposed amendment, although the City's ability to abandon the procedure would end after 90 days rather than after 60 days. • 4004410 1 CLL BR291-7 3 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of May 2012 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,to consider an ordinance amending Chapter 9 of the Brooklyn Center City Charter regarding eminent domain. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 OF THE BROOKLYN CENTER CITY CHARTER REGARDING EMINENT DOMAIN THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Charter, Chapter 9, Eminent Domain, is amended as follows: CHAPTER 9 . EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The City may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for aRy a public use or up blic purpose. Easements for slopes, fills, access, drainage, sewers,building lines, poles, wires,pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Subdivision 1. Public use;public purpose. (a) "Public use" or"Public purpose"means exclusively: (1) the possession occupation ownership and enjoyment of the land bathe general public, or by public agencies; (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area remediation of an environmentally contaminated area reduction of abandoned property, or removal of a public nuisance. • ORDINANCE NO. (b) The public benefits of economic development including an increase in tax base tax revenues, employment, or general economic health do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03. PAYMENT OF AWARD. The City shall, within seventy (70) days after the filing of the commissioner's report, or incase of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If the award is not paid, the court, on motion of the owner of the land shall vacate the award and dismiss the proceedingsaagainst the land. Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper er court prior to the expiration of the tim e for an a pp ea l or before entry o f judgment if an a pp eal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs. and expenses incurred by the condemnee including attorney's fees. The City has a 60 da y period from the initiation by the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT. If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2012. Mayor • ORDINANCE NO. ATTEST: City Clerk Date of Publication: Effective Date: (Stfikeeu4 indicates matter to be deleted, underline indicates new matter.) • • rdet7t11�1"l e1, cons uencom 4nififMd" • eq � iri4�t�ed, test moved forward with positive outcomes to provide a point of comparison, and a description of the 2006 amendments to condemnation law. Mr. Boganey noted the Statute appears to read that a motion to receive, whether the report or recommendation, triggers the scheduling of a public hearing in 30 days. City Attorney LeFevere clarified the language of the Statute indicates within one month of receiving a recommendation, the City has to publish notice of a public hearing and hold that public hearing at least two weeks but not more than one month from published notice. Chair Leino stated it was the intention of the Charter Commission that he make this recommendation tonight but in light of reservations expressed, he would like to go back to the Commission to keep the dialogue open. Mayor Willson indicated the City Council has received a recommendation from the Charter Commission and now has 30 days to publish a public hearing notice with the public hearing held within 30 days of publication. He stated the City Council would appreciate it if the Charter Commissions meeting was moved up to assure adequate time for continued dialogue. e. The City Council and Chair Leino discussed the process should the Charter Commission determine to modify its recommendation. Chair Leino noted in the past, the Charter Commission has withdrawn the first recommendation City Attorney LeFevere concurred that would be the best outcome to continue dialogue and eliminate confusion with alternate versions since the • public hearing notice must contain the proposed amendment text. Chair Leino noted it would require a two-step process to request a delay in consideration or withdraw the amendment, massage the language, and present a new recommendation that would then trigger the public hearing. He indicated they are scheduled to meet on April 19, 2012, but he will try to move up the meeting date. The motion passed unanimously. Mayor Willson voiced the City Council's respect and appreciation for the Charter Commission who serve the City as volunteers and put great thought into how the Charter is shaped. S. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the public hearing and resolutions. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning recommended the two public hearings be held concurrently. She explained the draft resolutions • 03/12/12 -6- DRAFT i Work Session Agenda i AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • March 26,2012 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. Community Garden Program for 2012—Happy Hollow Neighborhood Park PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Highway 252 Update—April 2012 2. Sister City Update—April 2012 3. Active Living Program 4. Success Target Update • Wo rk Session Agenda nda Item No. I e g II' � . MEMORANDUM - COUNCIL WORK SESSION • DATE: March 21,2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business&Development ; SUBJECT: Community Garden Program for 2012—Happy Hollow Neighborhood Park Recommendation: It is recommended that the City Council consider providing direction to the Housing Commission and Park & Recreation Commission regarding proceeding with a Community Garden Program for 2012 and the holding of a neighborhood informational meeting on the use of a portion of the Happy Hollow Neighborhood Park for community gardening. Background: On March 20, 2012 the Housing Commission and Park& Recreation Commission discussed and reached a consensus on the following items related to proceeding with a Community Garden Program for 2012: - Requesting City Council direction on scheduling a neighborhood informational meeting to receive public input on the potential development of a 14 garden plot site • within the central portion of Happy Hollow Park, adjacent to Malmborg's Greenhouse. - Pending Council acceptance, a tentative date for this informational meeting was set for April 19'" (the next regular meeting of both the Housing and Park & Rec Commissions) - The development of a program budget which included the following components: I. A garden plot rental fee of$50 per season(total revenue of$700) 2. Program administration through CARS and initial site preparation by Public Works, 3. Role of the Housing Commission and Park & Recreation Commission to provide operational assistance, guidance, and to continue to opportunities to expand the Community Garden Program. 4. Use of the program guidelines, gardening policies, and application format previously accepted by the City Council. 5. Water supply to be provided from the private well at Malmborg's Greenhouse. 6. Preparation of an operational budget to include sanitation facilities (May- October, waste containers and weekly pickup and material costs for perimeter fencing. A program schedule that would facilitate City Council approval in April which would allow gardening to start by mid-May. Attached for your reference are copies of the following" . - Aerial photograph of Happy Hollow Park illustrating the 14 proposed garden plots, Mission:Ensuring an attractive,clean,safe community that enhances the quaiih of life and preserves the public trust MEMORANDUM — COUNCIL WORK SESSION Aerial photograph of the neighborhood adjacent to the Park, • - Staff Memorandum presented at the March 20th Housing Commission Meeting, - Copy of the guidelines, policies, and application previously approved by the City Council in 2010. Copy of the 2010 draft resolution and staff memorandum on establishing a rental fee for Community Garden Plots. Policy Issues: Does the City Council desire to have the Park & Recreation Commission and Housing Commission schedule a neighborhood informational meeting at the Happy Hollow Park to receive public input on the potential use of a portion of this park for a community garden? Does the City Council support proceeding with a 2012 Community Garden Program and establishing a Community Garden Plot rental fee at$50 per season? Council Goals: Strategic: 4. We will positively embrace the community demographic makeup and increasing ethnic diversity 6. We will encourage citywide environmental sustainability efforts • Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust R4, SM t =Iii r' "'I• 1 ri r : E 3 f c •k+ � �}, ' � �� � ,u. .#�a�t° A S§h� f"�" ,Y•T'"f`j-s � rr` r 3. 17 ���1 a ft m 1 G 1 f u .r•!' A� � v �r�£'��'�`e c t r"�-�t5. ��4 k�', t ij (-. '' t-raxJ ► ,�'. 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S' h 4 t 7 1 a 1 1: •` on -- maim `� IBM - » u� Yk ` � s : � `•rya�, ' �, �3�`i - � � i.r �;. �'► I u €s r ,;t ,�� �, �� ��'�N 8o-» S�� sz7i' ..u> �a '� x•� ._ � �� �; s> 3�1 A G { C g t I 7•.:8� �'� J �Pfs-r >t 3 y tr,t msxr emux Z � ii r•7 '- �' n ���44'�f. �•a '_ •� �� ronY�r Vic. tal a +.t +ate - d �Sw}t'I �` b Y �N IYy t Sk2 �N,lf' F 4� ♦ i �. oy "- ' j ��ur �.d,.; "�' r, ` FrvA ,. �:� s 'Lp .n i v F� ; + , [s� L• l ol 1 �-A�7H+t�'�k�tf k{k41 Nt[ �' � �' ( 6� 6 d,�� #• �:V tt `�� v.Y, .� 4w i �� r� N A�. t mot'.. ���` ,,l` 0•;� � Y�� � C�--,r ���'i.^� .C.F{ t� e i �P�� 5'gt y,!■., y "3t MEMORANDUM TO: Chairperson Kris Lawrence—Anderson and Commission Members From: Gary Eitel,Director of Business & Development Date: March 16,2012 Subject: Housing Commission Agenda Items Item#7, Joint Meeting with the Park and Recreation Commission to Discuss: the Potential Siting of a Community Garden at Hauuv Hollow Neighborhood Park and Items Relating to Establishing a Community Garden Program for 2012. Background Information: The Park and Recreation Commission have agreed to meet with the Housing Commission and should be arriving at approximately 7:00 pm. The attached maps illustrating the Happy Hollow Neighborhood Park and two garden plot areas • have been provided to Jim Glasoe, Director of Community Activities, Recreation, & Services and distributed to the Park Commission. The alternate site in the central portion of the park was prepared after staff was notified of the adjacent neighbor(5042 Lilac Dr.N.) objected to the siting of the garden plots next to her property. The basis for her objections was that they have a dog and the ongoing activities adjacent to their fenced yard would result in constant irritation/disturbance to them and impose upon the privacy of their backyard,which was the reason they purchased this property. She indicated that she was not opposed to a community garden if it could be located elsewhere in the park. After our last meeting,I contacted Van Cooley,Malmborg's Nursery, and he did.confirm their continued interest in assisting the City in establishing a community garden and promoting gardening opportunities. With respect to the joint meeting, we should discuss and reach a consensus on the following; - The location (the alternate location illustrates a 45' x 145' strip that would allow 14- 20x20 garden plots, a 5 foot center walkway, and approximately 15 foot setback from the greenhouse. I will have photographs of the site available at the meeting. - If sanitary facilities are scheduled to be at this park, i• - The program administration and current and future role of the Commissions in community garden program. - Budget considerations,ie. 14 garden plots would have the potential to generate$700 annually. Proceeding to the City Council for direction on proceeding with this site and a 2012 community garden program. The holding of a neighborhood information meeting. i Item#8, Request by the City Council for the Commission's Review and Comment on the Proposed Development of Official Neighborhood Designations. Background: At the December 12,2011 Council Work Session,the City Council was requested to provide direction on the potential development of official neighborhood designations. The majority consensus of the City Council was to support the identifications of neighborhoods and directed staff to obtain feedback from the Housin g Commission and Park&Recreation Commission. On January 17, 2012,Assistant City Manager/Director of Buildings and Community Standards, presented information regarding the establishing of official neighborhood designation using commonly recognized neighborhood features, such as the neighborhood park names,which ! would provide a unique and/or distinctive identification of the community's residential • neighborhoods. Attached for your review is a copy of the revised map that reflects the recommendations of the Park and Recreation Commission and the January 17th Housing Commission Minutes relating to this item. The designated areas are consistent with the neighborhood meetings held by the Police Department in 2009-2011 and planned to occur in 2012. Upon further review and discussion by the Commission, a motion to either recommend acceptance of the map as presented or a motion to recommend changes to the proposed neighborhood designations,would be in order. Item#9, 2012 New Welcome Program Updates to be provided by the Chair and Commission Members. Item# 10,Other Business: At this time,I do not have anything additional to report on the Willow Lane Early !. Childhood Center regarding their concept for ADA accessible garden plots. • I have contacted the future owner of the Shingle Creek Apartment, adjacent to the City . Hall lot and Hennepin County Library, on the potential gardening opportunities on a portion of their open space.The initial response was positive and we may hear from them before the meeting. April 11th is the Annual Commission—Council Meeting. An invitation to all of the members of the Commissions and their staff liaisons will be submitted shortly. I will have copies of last year's information available at the meeting. • City of Brooklyn Center Community Garden Application 2010 Season May 12 through October 18, 200 Name: = . Address: City: State NWL Zip Home Phone: Other.Phone Email: Plot Number: 1" Choice � 2n2-Choice 3rd Choice S Yes, I am interestedri renting a seoot if one becomes available. (Cost is per plot.) Rental Fee Per Plus . �. (Cash or check only) e rncOriphe e WNE on,fo pa ntan 1rie contrac O x AM, x-e=k "i � z.' Ci orooh n �e toYy F � n k . jF rs0 .. s:R. � ;� r r 63 1 Shingle C ,y d r•• -.#k. '� „�,fiy � Y,�>.k4 � �'�t"t y y k�-.��" u'�a`rtti� -4 ?�; �#�« '�-""�,rc'.�a� w �u .�-�# t,,.'� �k rfi- f3 @3 ,i.. A ato-` rookl Center ' ° 5543 x ° vt� r 763 569 X3'0 R 3 www Cztyofbrooklyrcenter Forg z t 1 City Use Only: Date Received Payment Received Plot Number Assigned 2nd Plot Number Assigned City of Brooklyn Center Community Garden Contract Agreement *The City of Brooklyn Center agrees to prepare the garden plot for planting, stake out the plot, identify the plots by number, and make water accessible to gardener. If a cancellation is requested in writing prior to May 1, 2010, a refund will be granted(excluding cancellation fee). Please review the following program guidelines. 1. Priority will be given to Brooklyn Center Residents and prior year renters. 2. Non-residents will have last priority after resident extra plots are rented. 3. Renters will be on a first-come, first-served basis depending on availability. 4. One plot per household unless extra plots are available after May 1. 5. Garden plots are assigned to one person and are not transferrable. Others may garden the plot,but the responsibility for maintenance of the site is assigned to the person that applied for the plot. 6. Fees must be paid at the time of application. Cost is 7. No refunds will be given after May 1. (A$5 cancellation fee applies prior to May 1) 8. The lot must be tended th to ed b May 15 . If you are planting later, you are still responsible for keeping the p Y Y Y p g Y p p g plot free from weeds and harvesting through the end of the season. 9. Renter agrees to: • Have something planted by June 10 and keep plot maintained the entire season. • Notify the City if they must abandon their plot. • Keep weeds to a minimum. • Maintain garden within the borders of their plot—no vines encroaching to other plots. • Use only approved certified organic fertilizers that do not affect other plots(no herbicides or • pesticides)to keep insects,pests and diseases under control. • Have plot cleaned and cleared by October 31. • Place organic waste in the compost piles in areas identified by the City. 10. If the garden plot is not being maintained,the gardener will be given ten days to correct the situation or the plot may be re-assigned. 11. A 3 ft. chicken wire fence may be in place to protect crops from rabbits and other critters. 12. Plantings must not shade other gardener's plots. 13. Pets are not allowed. 14. Children must be supervised. 15. Motorized vehicles must only use the designated parking area. 16. No amplified music or excessive noise is allowed. The Gardener agrees to assume all liability and to indemnify and compensate the City for any injury or damage to person, property or employees by or arising in connection with the use of the premises. The Gardener further agrees to defend, indemnity and hold harmless the City against all actions,claims,damages,or demands,which may be brought or made either against the City's interest in the premises by reason of anything done by the Gardener,in the exercise of purported exercise of the rights and privileges herein granted. The City may terminate a Gardener's use of City property under this Agreement immediately upon violation of any of the terms of this Agreement in connection with the use of the garden plots. The City of Brooklyn Center assumes no liability for accidents or injury to participants or others either on or adjacent to the garden area. The City of Brooklyn Center assumes no responsibility for acts of vandalism or loss of crops or property due to theft. 40signing this agreement,I agree to abide by these conditions established for Community Gardens including complying with 1y,federal,state and local laws and regulations. Name(Please Print) Signature Date i DATE: May 4, 2010 • I TO: Curt Bo ane Y� City Manager FROM: Gary Eitel, Director of Business and Development City SUBJECT: Resolution Establishin g Fees For Community Garden Plots in the of Brooklyn Center Recommendation: It is recommended that the City Council consider the adoption of the Resolution Establishing Fees For Community Garden Plots in the City of Brooklyn Center. Background: The August 24, 2009 City Council Work Session included a presentation on the Community Garden Programs within the Cities of Hopkins and Brooklyn Park and a general overview of information obtained from the American Community Garden Association on starting a community garden within the City. The majority consensus of the City Council was to direct staff to conduct further exploration,refine the possibilities,and define the structure of a community garden • program. The January 25, 2010, the City Council Work Session included a report on establishing a Community Gardening within the Xcel Energy Transmission Corridor and on a vacant EDA owned lot. The majority consensus of the City Council was to direct staff to proceed with a community garden program within the Xcel Energy Transmission Corridor at Colfax Avenue and with establishment of neighborhood garden plots at 5301 James Avenue in accordance with the January 20,2010, staff report, and to report back to Council with further information. i On April 26, 2010, the City Council Work Session included 2 report w identified financial which issues relative to providing an irrigation system/source of water, the conceptual layout for a 39 plot garden layout within the Xcel Energy Corridor, draft guidelines and application. The consensus of the Council was to proceed with a 2010 pilot garden program with the use of temporary water storage tank and a$25 rental fee to cover out of pocket costs by the City. Council Goals: Strategic: 4. We will positively address the community demographic makeup and increasing cultural diversity 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues • i Member introduced the following resolution and moved its adoption: C RESOLUTION NO. RESOLUTION ESTABLISHING FEES FOR COMMUNITY GARDEN PLOTS IN THE CITY OF BROOKLYN CENTER WHEREAS, the City Council of the.City of Brooklyn Center has discussed the creation of a community gardening program at the following work sessions: August 24, 2009, January 25,2010-and April 26,2010;and WHEREAS the City established that there would be a cost associated with establishing garden plots, allowing access to water and coordinating the Community Garden Program;and WHEREAS, the City established that there would be costs associated with a program providing rental garden plots,including a water storage tank in lieu of an irrigation system. NOW, TIEREFORE, BE IT RESOLVED by the City Council of the City of. Brooklyn Center,that a fee be adopted for rental of a Community Garden Plot as follows: Communi ty Garden Plot Rental Fee $25.00 BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective Date Tim Willson,Mayor ATTEST: 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. • ZIOZ 9Z LojeW ,sseg „joM 1i3unoo Rji3 � _ ed P0014JOqqBlmGN nnoIIoH AddBH z 6Oz Jol WV119011d N3aUVO AIINnwwoo HAPPY HOLLOW PARK - :. _ . �_ F � I rl imp IIJ AT � � � ✓+ .. ,rrv,r;+s?rte°„ �!F*r++�r - -. � -+ � - \� � - .r T k /n a •.a- ..r:, '� ' t A f'- yr } `>�`i., ♦ ��,•� +_ }k� �A•'fiM�rR A yT_ :K pc)� �•'�..1y+��+ r ,.� � r tL � � � y y %� �..*, e ;: _ :, �'�.rT , er lI wd' . ~� r 3 `�" '.�i"c ;���.,rw I :�.• � 1: F -, -. r r rr 3'CeG \ J _ -OEM r . _ ,. •p.♦, III X r Ati >cGtsa � r r w ?` * Ir F ! a ZF Fo 100 [EIAPPY HOLLOW PARK ,errr,see.� Fee t r VI fl? 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