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HomeMy WebLinkAbout2012 04-09 CCP Regular Session i AGENDA CITY COUNCIL STUDY SESSION April 9,2012 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 April 9, 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. —Pastor Doug Mork, Cross of Glory Luthern Church 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 26, 2012—Study Session 2. March 26, 2012—Regular Session 3. March 26, 2012—Work Session b. Licenses C. Resolution Designating 2012 Planting List of Allowable Boulevard Tree Species 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twentieth Consecutive Year Requested Council Action: —Motion to adopt resolution. . CITY COUNCIL AGENDA -2- April 9, 2012 b. Proclamation Declaring April 27, 2012, as Arbor Day and May 2012, as Arbor Month in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. C. Proclamations Declaring April 21-28, 2012, as the Great Shingle Creek Watershed Cleanup Week and April 22, 2012, as Earth Day in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. d. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Crime Prevention Program in Support of the 2012 CSI Safety Academy Program Requested Council Action: —Motion to adopt resolution. e. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Police Association in Support of the 2012 CSI Safety Academy Program Requested Council Action: —Motion to adopt resolution. f. Resolution Recognizing and Expressing Appreciation of the Volunteerism of Employees of the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8. Public Hearings None. 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 5742 Fremont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- April 9, 2012 b. Consideration of Type IV 6-Month Provisional Rental License for 3400 66th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. f �'_ � �,, �is -y,yr,,, .►•¢s>, r � �"� iff � a Mentoring Peace Through Art Jimmy Longoria Jimmy Longoria Chicano Artist de Minnesota www.mentoringpeace.org www.jimmylongoria.com ' / w IMP 4i. imp OKL N C �Q-O WITH T�'A E SMOKE DETECTOR & CO Y G E SINCE 1949 ALARM PROGRAM � OEPAR �� The Brooklyn Center Fire and CO alarms are available for purchase $20.00. Department will: for Residents of Brooklyn Center age 60 • Test your smoke and carbon monox- and older will receive one smoke detec- ide detectors, for and carbon monoxide alarm free of charge courtesy of H.O.M.E. program. • Replace their batteries,or Residents of Brooklyn Center who are • Install a new detector. unable to afford a smoke detector will be provided one smoke detector free of Smoke detectors and carbon monoxide charge courtesy of the Brooklyn Center alarms are available for purchase Satur- Firefighters Relief Association. days and Sundays between the hours of rTn 8:00 a.m.and 8:00 p.m.at the West Fire How do I schedule a Visit? Station at 6250 Brooklyn Boulevard, j Brooklyn Center,MN 55429. Call our Public Education Division at o © ' 763-549-3639 and leave a voicemail. You will be called to set up a day and ——- time. Visits will be scheduled for week- ' What are the costs? end days only. ' Y Y• ,I There are no costs to come out and test Generally,each visit takes less than thirty the detectors and replace batteries. minutes. Smoke detectors are available to residents of Brooklyn Center for purchase for$4.00 Please test your smoke detectors monthly and replace their batteries twice a year. Brooklyn Center Fire Department - Public Education Division 6250 Brooklyn Boulevard, Brooklyn Center, MN 55429 763-549-3639 City Council Agenda Item No. 6a i i City of BROOKLYN CENTER II MEMORANDUM TO: Mayor Tim Willson and Councilmembers Kleven, Lasman, Myszkowski, and Ryan DATE: April 6, 2012 SUBJECT: Minute Correction There is a correction to the minutes of the March 26, 2012, Regular Session: Page 12, 3rd bullet down, paragraph 2; the date of the awards night is April 18, 2012, not April 15, 2012. i I i • March 20, 2012, Joint Meeting of the Park and Recreation Commission and Housing Commission and also met with State Representative Debra Hilstrom and State Senator Chris Eaton • March 22, 2012, League of Minnesota Cities 2012 Local Legislative Conference Councilmember Kleven announced that Northport School received a grant for an additional soccer field. She encouraged those interested to attend the May 31, 2012, remodeling fair at the Crystal Community Center. Councilmember Lasman reported on her attendance at the following: • March 21, 2012, Crime Prevention Program Meeting Councilmember Lasman offered congratulations to the Brooklyn Center Police Department for receiving the Above and Beyond Award from the Department of Defense. She announced the Police and Citizens Award Ceremony is scheduled for April 18, 2012, and the Crime Prevention golf tournament fundraiser is scheduled for May 18, 2012. Councilmember Myszkowski reported on her attendance at the following: • March 20, 2012, Earle Brown Days Board Meeting • March 20, 2012, Park and Recreation Commission and Housing Commission Joint Meeting • March 20, 2012, Housing Commission Meeting • March 21, 2012, CEAP Board Meeting Councilmember Ryan reported on his attendance at the following: • March 15, 2012, Financial Commission Meeting • March 22, 2012, League of Minnesota Cities Annual State Legislative Conference including meeting State Senator Chris Eaton and State Representative Debra Hilstrom Mayor Willson reported on his attendance at the following: • March 15, 2012, Cable 12 Mayor's Minute • March 21, 2012, Mayoral Summit on Youth Mayor Willson announced the May 1, 2012, FBI groundbreaking and ribbon cutting ceremony to signify its opening. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:43 p.m. Motion passed unanimously. 03/26/12 -12- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 26, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested discussion of Item 6c, Resolution Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions, noting the language does not address excess funds being used for on-going maintenance. City Manager Curt Boganey stated the resolution can be removed from the Consent Agenda or considered at the next meeting. The consensus of the City Council was to remove Item 6e from the Consent Agenda so an updated resolution can be considered. Councilmember Kleven requested discussion of Item 6d, Resolution Authorizing the Adoption of the Northwest Metro Drug Task Force Joint Powers Agreement, and stated she is thrilled Brooklyn Center has its own task force officer with no increase in cost. Councilmember Kleven requested discussion of Item 8a, Continued Special Assessments for Diseased Tree Removal and Weed Removal Costs, specifically relating to abatements on two properties. She reviewed the long grass abatement on 6418 Kyle Avenue N.; noting at the time of purchase, the cost was not processed as a pending assessment. Councilmember Kleven stated she realized the City can legally assess the abatement costs but advocated to remove the assessment since the owner could not speak English, used his son as an interpreter, and the invoice came 14 days after purchase. Councilmember Kleven also requested discussion of the abatement on 5510 France Avenue N., where two abatements occurred prior to the new owner purchasing the property. She advocated to remove the first two abatements and sustain the third abatement. 03/26/12 -1- DRAFT Councilmember Ryan stated the City Council has been consistent in holding the purchaser responsible for liens because it is the duty of the title company, in the search process, to bring to I' light fees and assessments and inform the purchaser. Mayor Willson confirmed that has been the case if the assessments were pending; however, in both cases cited by Councilmember Kleven, staff has not indicated that the fee was a pending assessment and available to the title company. Councilmember Lasman stated she understands the feeling to be compassionate but supported sustaining the abatement on 5510 France Avenue N. because there is a level of responsibility for the buyer to find whether assessments, liens, or charges are on a property. She commented the City Council needs to look at these types of situations without emotion because it has to make difficult decisions to assure a precedence is not established. Councilmember Ryan concurred with Councilmember Lasman's statements because with enforcement action, the City Council is to hold to the standard of consistency of applying ordinances as written unless some compelling evidence is presented. He noted the difficulty is that many are not sophisticated home buyers, it is not a simple transaction, and the buyer relies solely on professionals to do their job but if they don't, it is a matter between the purchaser and real estate company or closing company. Councilmember Lasman stated she found only one abatement she would support removing, 6418 Kyle Avenue N., because at the time of purchase the charge had not yet been processed as a pending assessment. She indicated the purchaser needs to be an informed buyer and it would be a "slippery slope" if the City Council were to govern and enforce its ordinances based on emotion. Mayor Willson stated he supports assessing both 6418 Kyle Avenue N. and 5510 France Avenue N. because the owner is responsible and should be informed. Councilmember Lasman noted the abatement on 6418 Kyle Avenue N. had not yet been processed as a pending assessment so the owner could not learn of the fee. Mayor Willson pointed out the City has already paid that charge and in upholding the ordinances, the City Council should sustain both assessments. Councilmember Lasman asked how likely it was for the buyer of 6418 Kyle Avenue N. to know about this charge as a pending assessment. Mr. Boganey stated while the timing of this particular abatement is not the ideal situation, the information was available had they contacted the City. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained that when the charge is invoiced and appended, people who call requesting information are told the amount of pending assessments. If they call the Finance Department, they are also referred to Building Enforcement and the Water Department. She explained that with 6418 Kyle Avenue N. there was a problem with the invoice coming back so staff is recommending the $150 abatement service charge portion be dismissed and the actual direct 03/26/12 -2- DRAFT costs be assessed since the City paid the contractor. It was noted this recommendation is reflected as Option 2 in staff's report. Mayor Willson stated he would support staff's recommendation. Councilmember Myszkowski agreed this information can be confusing even for someone who speaks English, much less someone who does not. She stated her concurrence with the comments of Councilmembers Lasman and Ryan that the Council needs to uphold its ordinance. Councilmember Kleven advocated again to remove the assessments since the information was not available. Ms. Schleuning advised that when contacted about outstanding charges, staff tells them to check with their Title Company. Councilmember Kleven asked whether the property owner of 6418 Kyle Avenue N. knows of staff's recommendation. Ms. Schleuning indicated all property owners who appealed know this is on tonight's agenda but were not told of staff s recommendation relating to the abatements since that decision is at the Council's discretion. Mr. Boganey stated the property owners will be informed of the Council's action following tonight's meeting. Councilmember Lasman reported that the City of Champlin charges a fee of$350 for the first abatement and $500 for additional abatements. As a result of this higher fee, Champlin assessed 15 abatements to taxes, only two appealed and were resolved by staff prior to Council consideration. Mayor Willson indicated this may justify that a larger fee is a deterrent. Mr. Boganey advised the City can only charge its staff costs and he expects that is what Brooklyn Center is currently doing. The consensus of the City Council was to ask Mr. Boganey to contact the City of Champlin on the City Council's behalf relating to their administrative fee structure. Councilmember Ryan requested discussion on Item 10e, Acceptance of Staff Report Regarding Proposed Amendment to Brooklyn Center City Charter. Mr. Boganey advised the City has to publish the ordinance within 30 days of its presentation to the City Council and a public hearing has to be held 30 days after that point. The Charter Commission recommendation was received two weeks ago so the ordinance will have to be published in the next several weeks. Councilmember Ryan asked whether the Charter Commission will reconsider some of the amendment language and resubmit it to the City Council. Mayor Willson stated that may occur but the City is obligated by law to follow the path just described. Councilmember Lasman requested the following correction to the Work Session minutes of March 12, 2012: Page 6, Second Paragraph, First Line: "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 big eg r budget. It was the majority consensus of the City Council to accept the correction to the March 12, 2012, Work Session minutes. 03/26/12 -3- DRAFT i MISCELLANEOUS Councilmember Lasman requested an update on legislation proposed to reduce regulation on Class C fireworks that would be problematic to the City. She stated this bill was not an appropriate expansion for the metro area and suggested a letter expressing the City's concern be sent to its legislators. Councilmember Ryan stated he and Councilmember Kleven attended the League of Minnesota Cities State Legislative Conference and the League indicated it was aware of that bill and had been active in raising concern. Councilmember Kleven stated her impression the industry would like all fireworks legalized. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Mayor Willson reconvene the Study Session at 6:50 p.m. MISCELLANEOUS—CONTINUED City Council discussion continued on the pending Class C fireworks bill. Councilmember Kleven stated she agrees with Councilmember Lasman that the City Council send a letter to its legislative delegation indicating its opposition to the pending fireworks bill. It was the majority consensus of the City Council to direct Mr. Boganey to draft a letter stating the Council's objection to the pending bill regulating Class C fireworks. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. 03/26/12 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 26, 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, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. Jonathan Young, Sun Post editor announced he has been reassigned so Katie Zillmer will now be covering Brooklyn Center Council meetings. Katie Zillmer introduced herself and indicated she looks forward to working with Brooklyn Center. In response to the City Council's questions, Mr. Young described how the school districts within Brooklyn Center will be covered. The City Council welcomed Ms. Zillmer and wished Mr. Young well on his new assignment. Councilmember Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection for troops serving in Iraq. 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. 03/26/12 -1- DRAFT i 4. ROLL CALL i Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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 Work Session minutes of March 12, 2012, and to remove Item No. 6c from the Consent Agenda to Council Consideration Item No. I Of, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 12, 2012—Study Session 2. March 12, 2012—Regular Session 3. March 12, 2012—Work Session 6b. LICENSES 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 Pharm, 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. 2" Street, Minneapolis Kath HVAC 3096 Rice Street, Little Canada Knott Mechanical, Inc. .305122 01h Street E., Prior Lake Little Igloo HVAC, Inc. 1829135 th Avenue NW, Andover MacDonald Heating &Air 11848 305th Avenue,Princeton 03/26/12 -2- DRAFT Metropolitan Mechanical Contractors 7450 Flying Cloud Drive, Eden Prairie Minnesota Petroleum Service 6823 91h Avenue NE, Minneapolis 1 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 Royalton Heating&A/C 4120 851h 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 INITIAL (TYPE III—one-year license) 3000 Quarles Road Mary Ann Preble INITIAL (TYPE II—two-year license) 3824 61St Avenue N. David Upton 290067 1h Lane N. Dolores Fischer 1605 '68'h Lane N. Pervej Alam 542272"d Circle Denise Michaelides 6800 Orchard Avenue N. Passed w/Weather Deferral Prosperous Property, Inc. RENEWAL (TYPE III—one-year license) 3901 Burquest Lane Passed w/Weather Deferral Edwin Ngang 6800 Dupont Avenue N. Passed w/Weather Deferral Yi Lin RENEWAL (TYPE II—two-year license) 4703 68th Avenue N. Bernard McDonough 4100 61St Avenue N. Passed w/Weather Deferral Emmanual Coker 5825 Colfax Avenue N. Brahana Tsegaye 6020 Emerson Avenue N. Passed w/Weather Deferral Chad Tesmer 5755 Humboldt Avenue N. Toan Truong RENEWAL (TYPE I—three-year license) 2802 Northway Drive Gateway Commons Gary Brummer 6100 Summit Drive 03/26/12 -3- DRAFT Earle Brown Terrace Apts. Lang Nelson Associates 2801 66"' Avenue N. Prosperous Property, Inc. 1401 72nd Avenue N. Chad Tesmer 6207 Colfax Avenue N. Passed w/Weather Deferral Long Yang 3306 Quarles Road John and Sonja Simpson 6830 Scott Avenue N. Chou Thao 6448 Willow Lane N. Dragon Property Management 6500 Willow Lane N. Dragon Property Management SIGNHANGER Topline Advertising 11775 Justen Circle, Maple Grove 6c. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS This item was removed from Consent Agenda and considered as Item l Of. 6d. RESOLUTION NO. 2012-44 AUTHORIZING THE ADOPTION OF THE NORTHWEST METRO DRUG TASK FORCE JOINT POWERS AGREEMENT 6e. RESOLUTION NO. 2012-45 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 6f. RESOLUTION NO. 2012-46 ESTABLISHING AN AD HOC YOUTH ADVISORY COMMISSION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/I)ONATIONS —None. 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item and summarized the assessment appeal process, noting 11 had appealed assessments so consideration of those abatements was continued to tonight's meeting. Ms. 03/26/12 -4- DRAFT Schleuning presented staff's finding and recommendation for the appealed assessments as r follows: 6418 Kyle Avenue N., due to the timing of the pending assessment, that the $150 administrative service fee be removed; 6724 Dupont Avenue N., due to the timing of the pending assessment that the $100 administrative service fee be removed; 5349 Sailor Lane N., the full amount be specially assessed; 4900 Howe Lane N., the frill amount be specially assessed; 1201 57"' Avenue N., the full amount be specially assessed; 7215 Riverdale Road, this property is not on this special assessment roll since the fees have been paid; 5510 France Avenue N., due to the timing of the pending assessment that the $150 administrative service fee be removed; 3218 641" Avenue N., the full amount be specially assessed; 5324 63`d Avenue N., the full amount be specially assessed; 5841 Zenith Avenue N., the frill amount be specially assessed; and, 6331 Bryant Avenue N., the full amount be specially assessed. Ms. Schleuning noted two options have been provided for the City Council's consideration: 1) assessment of full abatement costs; or, 2) staff's recommendation as presented tonight. Councilmember Lasman moved and Councilmember Myszkowski seconded to continue the Public Hearing. Motion passed unanimously. Kin Mun, 5510 France Avenue N., reviewed the timing for his purchase of this property, noting the abatement action had occurred between the time his offer to purchase was accepted and closing on the property when he did not have the authority to work on the property. He asked the City Council to consider these circumstances and waive the administrative service fee. Etmira Peal, 4900 Howe Lane, stated the City notice was dated in September but she did not purchase the property until October 7, 2011. She explained she had contacted the previous owner and then two real estate agents but received no response. Ms. Peal appealed to the City Council since she was not the property owner at the time of the abatement and does not have the amount the City is asking her to pay to cut the grass. Michael Parks, 3218 64"' Avenue, stated his lawn mower was stolen so he was cutting the grass with a weed whacker and while he tried to keep it even, it was a little "patchy" as described by staff. He asked the City Council to waive the fine because after he received the first notice he had cut the grass and it was not over 8 inches, as shown in the picture. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-47 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL I 03/26/12 -5- DRAFT Councilmember Ryan moved and Councilmember Lasman seconded to adopt Resolution No. 2012-47 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin N County Tax Roll (Option 2). Motion passed unanimously. 2. RESOLUTION NO. 2012-48 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL Councilmember Ryan moved and Councilmember Lasman seconded to adopt Resolution No. 2012-48 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Roll (Option 2). Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6761 HUMBOLDT AVENUE NORTH Ms. Schleuning stated this property is one individually-owned unit that is part of a townhome property consisting of eight units. She advised that the property owner is applying for a renewal rental license; however, 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. Ms. Schleuning described the types of capital improvements planned for this property. Since the owner has met the licensing application requirements for the second license, both rental licenses are being considered for approval at this time. Ms. Schleuning addressed the first rental license, noting 6761 Humboldt Avenue North was inspected and ten property code violations were cited and ultimately corrected. There have been two 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 addressed the second rental license application, noting this property qualifies for a Type II Rental License based on three association maintained violations that were cited and ultimately corrected. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of the issuance of a Type IV 6-Month Provisional Rental License and 03/26/12 -6- DRAFT i Mitigation Plan, and a Type II Rental License for 6761 Humboldt Avenue based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Ryan moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-49 APPROVING TYPE IV & TYPE II RENTAL LICENSES FOR 6761 HUMBOLDT AVENUE NORTH Councilmember Lasman moved and Councilmember Myszkowski seconded to adopt Resolution No. 2012-49 Approving Type IV and Type II Rental Licenses for 6761 Humboldt Avenue North. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6753 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 6753 Humboldt Avenue North 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 Lasman moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6753 Humboldt Avenue N., 03/26/12 -7- DRAFT i with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH Ms. Schleuning dvised the owner of 6765 Humboldt Avenue North received a Type IV Rental g Yp License on August 22, 2011, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II rental License based on property code violations and validated police nuisance incidents. However, the owner has failed to meet the conditions of the Type IV Rental License, specifically the owner did not complete security improvements or attend the required Association of Responsible Managers meetings. 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. 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 in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-50 APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt Resolution No. 2012-50 Approving a Type IV Rental License for 6765 Humboldt Avenue North. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5245-47 DREW AVENUE NORTH Ms. Schleuning advised that 5245-5247 Drew Avenue North is a two-family dwelling and was inspected and 31 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. It was noted this property was 03/26/12 -8- DRAFT previously issued a Type III Rental License that expired on November 30, 2011. 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. Motion passed unanimously. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5245-5247 Drew Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. ACCEPTANCE OF STAFF REPORT REGARDING PROPOSED AMENDMENT TO BROOKLYN CENTER CITY CHARTER Mr. Boganey introduced the item, discussed the history, and recommended the assessment of the proposed Charter Amendment relating to eminent domain be provided to the Charter Commission. Councilmember Ryan stated the Charter Commission presented an amendment to the City Charter at the last meeting. He asked if it would impact the timing of notification and public requirements, and the subsequent requirement for a Public Hearing, and should the Charter Commission determine to amend some of the language. City Attorney Charlie LeFevere advised in that case the best course for the Charter Commission would be to withdraw the original proposal, which would relieve the deadlines, and then submit new language and restart the process. Mr. Boganey explained that based on the date the City Council received the report,the ordinance language must be published no later than Thursday, April 12, 2012, so it would have to be submitted to the Sun Post by April 5, 2012. He noted that should the Charter Commission withdraw its original request, the City Council can determine whether to cancel the Public Hearing date. Mr. LeFevere described the two methods the Charter can be amended, via unanimous support of the City Council or vote of the electorate. In addition to forwarding this report to the Charter 03/26/12 -9- DRAFT Commission, Mr. LeFevere indicated it may be advisable to inform the Charter Commission if one or more City Councilmembers are not willing to consider this amendment. In that case, the Charter Commission could then decide if it wanted to submit a Charter amendment for the election, or determine to open dialogue with the City Council and try to reach an agreement. Mayor Willson stated he was very clear at the last meeting that he would not support the language the Charter Commission recommended due to the 60-day time limit that would result in the City being unable to withdraw from an eminent domain proceeding. In addition, there is a question of when and what triggers the 60-day period. Mayor Willson noted State Statutes already negate the ability for the City to use eminent domain as it has been used in the past and he sees no reason to make the City's Charter more stringent and place the City at more risk. Councilmember Lasman concurred and noted additional concerns relate to points mentioned by Mr. LeFevere in the memorandum. She indicated if a proceeding is dismissed, all parties/agencies in a condemnation action would have to be in agreement, which could be a disadvantage to the land owner and the City. She stated she also has reservations and hopes after the Charter Commission reads the staff memorandum it will take under advisement the points made by the City Attorney. Councilmember Ryan noted much of the Charter Commission's proposed amendment language echoes language in present State Law, which takes precedence over the City Charter. He felt the proposed amendment would place administrative rules in the Charter, which seems to be redundant. Mr. LeFevere stated the first part of the proposed amendment is the definition of public use and public purpose and identical to the State Law so it is not legally necessary. However, if State law is changed at some point in the future to give the City greater power, this amendment would hold the City back. Mr. LeFevere described the consideration of the Legislature when it severely restricted the ability of cities to use eminent domain in its 2006 amendment and the resulting impact. He explained that in cases where the City is doing a public project (i.e., street), the project is typically in the CIP and the City does not want to wait to complete a condemnation process so instead it uses a quitclaim process to get title of the property within 90 days and after that point the City cannot back out. Councilmember Ryan stated the final clause of the proposed Charter amendment could cause difficulties for the City under circumstances of taking property for a defined public purpose (road, right-of-way). Mr. LeFevere advised it could also be for a development such as to remediate a contaminated site. He described the process for such an undertaking with the 60-day limitation and how it. would take away the power of the City to protect tax dollars. Councilmember Ryan stated his concern with the proposed Charter amendment language, finding it would tie the hands of this and future City Councils. Councilmember Myszkowski stated Members have already addressed the many difficulties with the proposed Charter amendment and she found that the State Statutes were restrictive enough. She indicated she had pondered the 60-day limitation, which perhaps offered to create a situation where the City would never consider eminent domain. Councilmember Myszkowski stated she found the amendment to be dangerous in many ways and hopes the Charter Commission is amenable to reconsidering. 03/26/12 -10- DRAFT I i Mayor Willson indicated the Charter Commission has every right to propose language to the City Council and if the City Council is unanimous in accepting the recommendation, the Charter is altered. However, if one Council Member does not support the recommended change to the Charter, the Charter Commission has every right to then put that question before the citizens for a vote at an election. Mayor Willson stated should that occur, he would prefer it dovetail with a general election. Mr. LeFevere advised the Charter Commission could be asked to consider the City Council's support to consider an amendment at the next general election to avoid the expense of a special election. Mayor Willson estimated it cost $10,000412,000 to conduct a special election. Mr. Boganey confirmed the cost of the last special election was in that range. Councilmember Kleven stated she agrees with comments by other Members that the proposed Charter language is more restrictive than State law and she hopes the Charter Commission will reconsider and dismiss their amendment proposal. Mayor Willson stated at the previous City Council meeting, Charter Commission Chair Stan Leino indicated he would ask the Charter Commission to meet earlier and would convey that the City Council was not comfortable with the language. Mr. Boganey advised the next Charter Commission meeting is scheduled for Thursday, April 12, 2012. Councilmember Lasman moved and Councilmember Myszkowski seconded 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. Motion passed unanimously. 10L (FORMERLY CONSENT AGENDA ITEM NO. 6C) RESOLUTION NO. 2012-51 ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS. Mr. Boganey introduced the item and presented the language of the revised resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No. 2012-51 Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • March 15, 2012, Art Show for District 281 • March 15, 2012, Planning Commission Meeting • March 17, 2012, Third Annual Spelling Bee Judge for District 281 Elementary Schools 03/26/12 -11- DRAFT II • March 20, 2012, Joint Meeting of the Park and Recreation Commission and Housing Commission and also met with State Representative Debra Hilstrom and State Senator Chris Eaton • March 22,2012, League of Minnesota Cities 2012 Local Legislative Conference Councilmember Kleven announced that Northport School received a grant for an additional soccer field. She encouraged those interested to attend the May 31, 2012, remodeling fair at the Crystal Community Center. Councilmember Lasman reported on her attendance at the following: • March 21, 2012, Crime Prevention Program Meeting Councilmember Lasman offered congratulations to the Brooklyn Center Police Department for receiving the Above and Beyond Award from the Department of Defense. She announced the Police and Citizens Award Ceremony is scheduled for April 15, 2012, and the Crime Prevention golf tournament fundraiser is scheduled for May 18, 2012. Councilmember Myszkowski reported on her attendance at the following: • March 20, 2012, Earle Brown Days Board Meeting • March 20, 2012, Park and Recreation Commission and Housing Commission Joint Meeting • March 20, 2012, Housing Commission Meeting • March 21, 2012, CEAP Board Meeting Councilmember Ryan reported on his attendance at the following: • March 15, 2012, Financial Commission Meeting • March 22, 2012, League of Minnesota Cities Annual State Legislative Conference including meeting State Senator Chris Eaton and State Representative Debra Hilstrom Mayor Willson reported on his attendance at the following: • March 15, 2012, Cable 12 Mayor's Minute • March 21, 2012, Mayoral Summit on Youth Mayor Willson announced the May 1, 2012, FBI groundbreaking and ribbon cutting ceremony to signify its opening. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:43 p.m. Motion passed unanimously. 03/26/12 -12- DRAFT 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 26, 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 8:59 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, 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. COMMUNITY GARDEN PROGRAM FOR 2012 HAPPY HOLLOW NEIGHBORHOOD PARK Director of Business and Development Gary Eitel presented the 2012 Community Garden Program and potential site at Happy Hollow Neighborhood Park. He stated the proposal is to create 14 garden plots, a garden plot rental fee of$50/person ($700 seasonal revenues), program administration through CARS, initial site preparation by Public Works, and a water supply from the private well at Malmborg's Greenhouse. Mr. Eitel advised a satellite sanitation facility, waste containers, and weekly pickup are recommended as well as a capital expense for a perimeter fence. Mr. Eitel described the role of the Housing Commission and Park and Recreation Commission to provide operational assistance, guidance, and to continue opportunities to expand the Program. It is anticipated the program guidelines, gardening policies, and application format accepted by the City Council in 2010 would be used. Mr. Eitel indicated that should the program be approved by the City Council in April, it would allow gardening to start by mid-May. Mr. Eitel asked whether the City Council desires to have the Park and 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. He also asked if the City Council supports proceeding with a 2012 Community Garden Program and establishing a Community Garden Plot rental fee of$50 per season. Councilmember/Commissioner Lasman asked how much staff time would be involved in operational assistance. Mr. Eitel explained the Housing Commission would assist staff to implement the program and mediate disputes between gardeners, if necessary. He stated staff 03/26/12 -1- DRAFT I met with a representative of Malmborg's Greenhouse, which supports community gardening and volunteered its well site and watering service. Malmborg's Greenhouse also volunteered some plant materials and perhaps coupons to foster and encourage gardening. Councilmember/Commissioner Lasman suggested an agreement be drafted, similar to that used in the Hopkins gardening program detailing components and expectations, such as no excessive noise, that the gardener would sign. Housing Commission Chair Kris Lawrence-Anderson indicated Malmborg's Greenhouse staff has indicated it is looking to profit as well as volunteer. She suggested that after the first growing season, gardeners be provided educational information on composting to enhance the soil, which would also result in a cost savings. She advised that a fee of$50 is indicative of most neighboring communities. It is thought that if the price is too low, the gardener does not have a vested interest and some will sell produce at local farmer's markets. Councilmember/Commissioner Lasman asked how parking will be accommodated if there are only eight parking spaces. Chair Lawrence-Anderson stated it is expected there will be more vehicles during the initial opening weekend but not likely that all 14 gardeners will be at the site at one time. She noted parking is available on the street but they could also look at the option of parking at Malmborg's Greenhouse. Chair Lawrence-Anderson indicated that a controversy amongst gardeners is not common because this type of program fosters a community atmosphere. Mr. Eitel indicated Public Works would marls the plot boundaries. Councilmember/Commissioner Ryan thanked the Housing Commission for its efforts and stated he also appreciates the Welcome to Brooklyn Center program for new residents. He stated his main concern relates to parking but it appears the Housing Commission is addressing that matter. Councilmember/Commissioner Ryan stated he would support the Commissions meeting with area businesses and holding an informational meeting with residents to gain their input. Councilmember/Commissioner Kleven added her thanks to the Housing Commission and Park and Recreation Commission. She stated her support for this program, noting this is the people's park. She thanked staff for working on this program and Malmborg's Greenhouse for stepping forward to provide water. She advocated for placing this item on the City Council's agenda following the April 17, 2012, public informational meeting. Councilmember/Commissioner Lasman stated her support to move forward as long as the neighbors have no serious concerns. She asked how this program will be marketed. Mr. Eitel stated once approved it would be promoted through the newspaper and other contacts such as Malmborg's Greenhouse and the church to the north. Councilmember/Commissioner Myszkowski commented on her feeling of inclusion while attending two Housing Commission meetings and read the City Council's new mission statement that she felt this Program exemplified. Councilmember/Commissioner Myszkowski stated she 03/26/12 -2- DRAFT was excited with this proposal for a public/private partnership with Malmborg's Greenhouse, which is important considering diminishing contributions from the County and State. j Chair Lawrence-Anderson stated if this goes forward, she would like to schedule a ground breaking event and press coverage. Mayor/President Willson asked how water will be provided by Malmborg's Greenhouse. Mr. Eitel stated a well and garden hose will be used but as the program grows, it may be possible to look at an irrigation line with spigots. Mayor/President Willson stated he would support using City funds to install such an irrigation system and asked staff to provide a cost estimate for the City Council's consideration. Mayor/President Willson asked what type of additional fence is being proposed beyond chicken- wire fencing. Mr. Eitel stated a perimeter board/wire mesh fence is proposed that would look presentable and the interior fencing between plots may be chicken wire. He agreed with the need to assure the perimeter fence is nice looking so it is supported by the neighborhood. Mr. Eitel stated they will also look for partnerships to erect the fence, perhaps through a civic or non-profit organization. Mayor/President Willson expressed concern with how quickly the fence will come about and indicated he would not object to the City contributing some dollars. Mayor/President Willson asked about the potential to expand towards the east beyond plots 7 and 14, and down from plots 11, 12, and 13. Mr. Eitel stated the proposed garden placement avoids balls from the ballfield coming into the plots. Mayor/President Willson stated he thinks there will be requests for more plots than available, especially if there is irrigation and attractive fencing, and he would like to look ahead to areas that could be expanded next year. Chair Lawrence-Anderson stated they were thinking a white fence similar to the Earle Brown Center fence with chicken-wire fencing on the inside. The consensus of the City Council/EDA was to move forward with the public informational meeting, the City providing pizzas during that meeting, and placing this item on a City Council agenda following the public informational meeting. Staff was asked to provide cost estimates for exterior fencing and extending an irrigation system with spigots from Malmborg's Greenhouse well. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 9:40 p.m. Motion passed unanimously. 03/26/12 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: April 3,2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its April 9, 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. LIQUOR—CLASS A ON-SALE INTOXICATING AND SUNDAY Crescent Hotels &Resorts, LLC dba Crowne Plaza Minneapolis N 2200 Freeway Boulevard MECHANICAL Bonfe's Plumbing Heating &Air 505 Randolph Avenue, St. Paul Centeipoint Energy 9320 Evergreen Blvd, Coon Rapids Fireside Hearth&Home 2700 Fairview Avenue N,Roseville Infinity Heating&Air 1017 Meadowood Drive, Brooklyn Park M&D Plumbing &Heating 1105026 th Street NE, St. Michael Marsh Heating&A/C 6248 Lakeland Avenue N, Brooklyn Park McDowall Company P.O. Box 606, Waite Park St. Cloud Refrigeration dba SCR 604 Lincoln Avenue NE, St. Cloud Southtown Refrigeration 6325 Sandburg Road, Golden Valley RENTAL See attached report. SIGN HANGER Indigo Signworks, Inc. P.O. Box 1476,Fargo 1, Signminds 1400 Quincy St, Minneapolis Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people audpreserves the public trust i COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+'units 0-0.75 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 no t- ore than 3 Type IV—6 Months 1-2 units Greater than 8 3+°units . -Greater than=3 License Number of Units Validated Calls for Disorderly Conduct Category Service &Part I Crimes (Calls Per Unit/Year) No Category J-2-- 0-1 Impact 3-4 nits 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 u Greater than-025 bufnot.more-t Category 3-4 nits 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 4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the duality of life for all people and preserves the public trust ti t .`.r... ,: (.4 v:. ,,- .tit r s ., ..f ...Z• ..,. to a f 4 7 N�I,r •� .a k�•I.. X .a ,e, ,a� ��: u. ..t:- ,t 'at ib t... 1i.. ,:tt r., l«: .l^., ��. txfi I i tt enfial licenses:for. C w h > k" rovl Xon A. r>< j.9 ,.Z�ti2, , t n i I -Y t tY { ...a ,< ,..,.w .4.,.. L'.fi._•. i�, �),x,a.c Y��.,r r..rf.a.,1+5uv+,inN...x::A, xw.a h.wrl, .�.r.A„r,,...a,xa ..., ��.:�lRf Sr.. S 2:.�:,.fit 1. _C S t. tv ,�1,..r`�3i,3...St.*, Property Final Pr. evious Dwelling.,; ., Renewal Code' License " Police License. License Property Address: Type, or Initial Owrier.. Violations Type CFS* Type*-* Type*** 1118 62nd Ave N Single Family Initial Nate Armstrong 1 II N/A II 7208 Bryant Ave N Single Family Initial Prosperous Property Inc. 0 II 1 N/A II 5207 Drew Ave N Single Family Initial Sarah Vogt 1 II N/A II 5113 Ewing Ave N Single Family Initial Angela Baumann 0 II N/A II 5320 James Ave N Single Family Initial Jeff Hudson 0 II N/A II 5727 James Ave N Single Family Initial Amelia Zachariason 5 III N/A III 5524 Logan Ave N Single Family Initial Mark Olson 0 . II N/A II 1 Bldgs 350147th Ave N 11 Units Renewal . Richard Grommes 0 1 0 1 III 1 Bldgs 3614 50th Ave N 4 Units Renewal Kjirsten Bjerke-Keenan 0 1 0 1 N/T 5200 France Ave N Two Family(2) Renewal Christian Knutson 0 1 0 1 II 1612 68th Ln N Single Family Renewal Frank Lachinski 4 II 0 II N/T 4408 69th Ave N Single Family Renewal Eugene&Diane Wright 0 1 0 1 N/T 7025 Drew Ave N Passed w/Weather Deferral Single Family Renewal Ryan Ray Yardley 1 I 0 III III 7137 Grimes Ave N Single Family Renewal Shawn Banks 0 1 0 1 IV 1543 Humboldt PI N Passed w/Weather Deferral Single Family Renewal Peter Imasuen 4 II 1 0 II N/T 4113 Lakebreeze Ave Single Family Renewal Pamela Grover 3 II 0 II N/T 7085 Unity Ave N Single Family Renewal jSwendia LLC 1 0 1 0 1 II *CFS=Calls For Service for Renewal Licenses Only(Initial Licenses are not applicable to calls for service and will be listed N/A.) ** Final License Type ***Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2-year rental license program All properties are current on utilities and property taxes Type I=3 year Type 11=2 year Type III=1 year i City Council Agenda Item No. 6c MEMORANDUM - COUNCIL ITEM DATE: April3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SO SUBJECT: RESOLUTION DESIGNATING 2012 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2012 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20-402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to reduce the impact of future tree disease and to assure that all boulevard trees be located so as to avoid creating future sight distance problems. Attached is a resolution designating the 2012 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. Budget Issues: Staff time for inspections is minimal. There are no other budget issues. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods 6. We will encourage citywide environmental sustainability efforts Mission:Ensuring an attractive,clean,safe conrmanily that enhances the quality of life arty!preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING 2012 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that the following trees are hereby designated as allowable boulevard tree species for 2012: Birch (River, Paper) Maple (Autumn Blaze) Crabapple (Flowering) & cultivars Maple (Red) & cultivars Elm (American) Maple (Sugar) & cultivars Hackberry Oak(Northern Red) Honeylocust (Imperial, Shademaster, Oak(Pin) Skyline, Thornless) Oak(White, Bur, Swamp) Kentucky Coffeetree Serviceberry Linden(American, Littleleaf) April 9, 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: i whereupon said resolution was declared duly passed and adopted. i City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center,MN 55430 Phone: 763-569-3340 PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: F-Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations Owner Signature Date x x X ALLOW 48 HOURS FOR PROCESSING x x x City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx.width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date BEFORE � �rtb Da.y 01 YOU E LEA° `f1 z 4-,if etiv, PLANT . • • The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee.The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, most especially those relating to sight distance, both at corners and near driveways,sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2012: Birch (River, Paper) Maple (Autumn Blaze) Crabapple (Flowering) & cultivars Maple (Red) & cultivars Elm (American) Maple (Sugar) & cultivars Hackberry Oak (Northern Red) Honeylocust (Imperial, Shademaster, Oak (Pin) Skyline, Thornless) Oak (White, Bur, Swamp) Kentucky Coffeetree Serviceberry Linden (American, Littleleaf) City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 ' SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twentieth Consecutive Year Recommendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Tree City USA. Background: For each of the past twenty years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation (see attached letter dated April 3, 2012, and press release from the Arbor Day Foundation). This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: • Care for and planting of park and boulevard trees • Diseased and nuisance tree removal program • Mandatory tree contractor registrations requiring certain minimums of liability insurance • Boulevard tree planting permits requiring proper placement of tree and selection of tree species • A tree ordinance specifying proper standards of care for all trees • An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees Budget Issues: Funding needed to support and meet the goals of this program in 2012 is included in the 2012 budget under the Public Works Forestry operating budget. Council Goals: Strategic: 6. We will encourage citywide environmental sustainability efforts Mission:Ensuring an uttractire,clean,safe eoninwnitY that enhances the quality of'life rnrdpreserves thepublic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTIETH CONSECUTIVE YEAR WHEREAS,the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Association of State Foresters and the US Department of Agriculture Forest Service have recommended that the City of Brooklyn Center be designated as a Tree City USA in recognition of 2011 forestry activities. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Council hereby recognizes and accepts the designation of Tree City USA for the twentieth consecutive year on behalf of the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3. The Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 9, 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. Arbor Di!yFoundafiow, April 03;2012 D ea r Tree City USA Supporter, The Arbor Day Foundation congratulates Brooklyn Center on being named a Tree City USA®community for 2011. Residents of Brooklyn Center should take pride in the fact that they live in a community where planting and nurturing trees is a priority. You already know that trees are a vital component of the infrastructure in cities and towns, providing environmental and health benefits for your citizens.In fact,trees are a rare component of a community's infrastructure in that they actually increase in value and service over time from a modest investment. Enclosed is a press release for your convenience as you prepare to contact your local media to share this commendable achievement with the public. We hope you are excited to share the significance of this accomplishment. If you wish to receive this press release in electronic form,please email Randy Gordon,Public Relations Manager of the Foundation, at programs @arborday.org. We will send it to you within one business day. The Tree City USA program is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. Today, more than 3,400 cities and towns have been recognized as a Tree City USA community. State foresters are responsible for the presentation of the Tree City USA flag and other materials. We will forward your awards to in your state forester's office.They will be coordinating the presentation with you. It would be especially appropriate to make the Tree City USA award a part of your community's Arbor Day ceremony. Again,we celebrate your diligence in improving the quality of life for the citizens of Brooklyn Center and thank you for creating a healthier, more sustainable world for us all. Best Reeards. John Rosenow Chief Executive E News from Arbor Day Foundation For more information, contact Randy Gordon, Program Manager, at programs @arborday.org or call 402-473-9617 FOR IMMEDIATE RELEASE: Brooklyn Center Named Tree City USA Community by the Arbor Day Foundation The Arbor Day Foundation today announced that Brooklyn Center,MN,was named a Tree City USA community for its commitment to urban forestry. It is the 20th year Brooklyn Center has earned this national honor from the Arbor Day Foundation, the nation's largest nonprofit organization dedicated to planting trees. "We all benefit when communities like Brooklyn Center place a high priority on planting and caring for trees, one of our nation's most beautiful resources,"said John Rosenow,chief executive and founder of the Arbor Day Foundation. "Trees shade our homes and add beauty to our neighborhoods,and they also provide many environmental, economic and social benefits. We applaud Brooklyn Center's elected officials, volunteers and citizens for providing vital care for its urban forest." The Tree City USA program is sponsored by the Arbor Day Foundation in cooperation with the National Association of State Foresters and the USDA Forest Service. Brooklyn Center has met the four standards to become a Tree City USA community.Tree City USA communities must have a tree board or department,a tree-care ordinance,a community forestry program with annual expenditures of at least$2 per capita and an Arbor Day observance and proclamation. Communities that earn Tree City USA recognition not only have taken the time to meet the four standards, they know that trees: I • Promote healthier communities by filtering the air we breathe by removing dust and other particles. • Moderate climate, conserve water and provide vital habitat for wildlife. • Reduce the heat island effect in urban areas caused by pavement and buildings. • Reduce energy use and increase property values. More information about Tree City USA can be found at www.arborday.org/TreeCityUSA. About the Arbor Day Foundation The Arbor Day Foundation is a nonprofit, environmental and education organization of more than 1 million members,with a mission to inspire people to plant,nurture, and celebrate trees. More information on the Foundation and its programs can be found at www.arborday.org. City Council Agenda Item No. 7b I COUNCIL ITEM MEMORANDUM DATE: April 3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring April 27, 2012, Arbor Day and May 2012 Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council consider approval of a proclamation declaring April 27, 2012, Arbor Day and May 2012 Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each year, Brooklyn Center celebrates National Arbor Day and Arbor Month by hosting local volunteer/educational events with students from an elementary school and other groups within the City of Brooklyn Center. This year's events include an elementary class from Northport Elementary planting seedlings in Northport Park, and a local daycare group that adopts Garden City Park will be planting a few trees that are purchased by the City. These events will include City staff providing teaching resources, learning activities and guidance in planting the seedlings and trees. Students will be given a presentation on the history of Arbor Day, general tree information and a coloring book. As part of these events, the Minnesota Department of Natural Resources provides seedlings for each of the students to bring home and plant. These events and proclamation support the City's forestry program that has resulted in Brooklyn Center receiving its twentieth consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: The Sons of the American Legion have indicated they will provide a $100 contribution to cover the expenses for the Arbor Day event. Funding requirements for event supplies is expected to be less than $150 and is included in the 2012 Budget under the Public Works Park Division operating budget. Council Goals: Strategic: 6. We will encourage citywide environmental sustainability efforts Mission:Ensuring an attractive,c lean,sgfe emnnzunity that enhances the quality rflif,and preserves the public trust PROCLAMATION DECLARING APRIL 27, 2012 TO BE ARBOR DAY AND MAY 2012 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured,protected, and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW, THEREFORE, I,AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: L April 27, 2012 to be Arbor Day in the City of Brooklyn Center. 2. May 2012 to be Arbor Month in the City of Brooklyn Center. 3. 1 urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. April 9, 2012 Date Mayor I Council Members ATTEST: City Clerk Ii City Council Agenda Item N®. 7c COUNCIL ITEM MEMORANDUM DATE: April 3, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of.Public Works/City Engineer SUBJECT: Proclamations Declaring April 21-28, 2012 as the Great Shingle Creek Watershed Cleanup Week and April 22, 2012 as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 21-28, 2012, as the Great Shingle Creels Watershed Cleanup Week and a proclamation declaring April 22, 2012, as Earth Day in Brooklyn Center. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate Earth Day 2012 with the 11th annual "Great Shingle Creek Watershed Cleanup". Beginning Saturday, April 21, 2012, through Saturday, April 28, 2012, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creels Watershed Cleanup" meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Many of the 33 groups affiliated with the Brooklyn Center Adopt-a-Park/Trail/Street or Flower Garden programs will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On Saturday, April 21, 2012, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee,juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week-long event. Budget Issues: The American Legion and the Sons of the American Legion have indicated that they will provide a $100 contribution to cover the expenses for the Great Shingle Creels Cleanup event. Funding requirements for event supplies is expected to be less than $150 and is included in the 2012 Budget under the Storm Drainage Utility operating budget. Council Goals: Strategic: 6. We will encourage citywide environmental sustainability efforts Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed Mission:Ensuring an attractive,clean,safe conununitp that enhances the qualify of life and preserves the public trust PROCLAMATION DECLARING APRIL 22, 2012 TO BE EARTH DAY IN BROOKLYN CENTER WHEREAS, A sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention and sustainable practices; and WHEREAS, Earth Day 2012 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 22, 2012, to be Earth Day in the City of Brooklyn Center. 2. The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2012 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling. April 9, 2012 Date Mayor Council Members ATTEST: City Clerk it PROCLAMATION DECLARING APRIL 21-28, 2012 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, The City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, Litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the City's storm water drainage system; and WHEREAS, Citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets,parks, neighborhoods and community clean; and WHEREAS, The Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 21-28, 2012. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 21-28, 2012, to be The Great Shingle Creek Watershed Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use The Great Shingle Creek Watershed Cleanup Week 2012 to help prevent water pollution and preserve our watersheds by participating in a Cleanup Event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods and community. April 9, 2012 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7 i COUNCIL ITEM MEMORANDUM DATE: April 2, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center Crime Prevention Program in Support of the 2012 CSI Safety Academy Program Recommendation: It is recommended that the City Council consider acceptance of the donation. Background: The Brooklyn Center Crime Prevention Program has presented a donation of$1,500.00 and asked that it be used to support the 2012 CSI Safety Academy Program. As this activity is largely funded through contributions, this donation will allow for the continuation of this important program Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and presewes the public bust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CRIME PREVENTION PROGRAM IN SUPPORT OF THE 2012 CSI SAFETY ACADEMY PROGRAM WHEREAS, the Brooklyn Center Crime Prevention Program has presented to the City a donation of one thousand, five hundred dollars, ($1,500.00), and asked that it be used to support the 2012 CSI Safety Academy Program, and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center Crime Prevention Program for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 7e COUNCIL ITEM MEMORANDUM DATE: April 2, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center Police Association in Support of the 2012 CSI Safety Academy Program Recommendation: It is recommended that the City Council consider acceptance of the donation. Background: The Brooklyn Center Police Association has presented a donation of$375.00 and asked that it be used to support the 2012 CSI Safety Academy Program. As this activity is largely funded through contributions, this donation will allow for the continuation of this important program Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community Mission:Ensuring an attractive,clean,safe,inclusive coninwnitp that enhances the quality of life for all people and preserves the public trust i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN POLICE ASSOCIATION IN SUPPORT OF THE 2012 CSI SAFETY ACADEMY PROGRAM WHEREAS, the Brooklyn Center Police Association has presented to the City a donation of three hundred seventy five dollars, ($375.00), and asked that it be used to support the 2012 CSI Safety Academy Program, and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center Police Association for its civic efforts. NOW THEREFORE BE IT RESOLVED b y t he City Counci l t of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7f COUNCIL ITEM MEMORANDUM i DATE: April 9, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,Assistant City Manager/Director of Building & Community Standards SUBJECT: RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION OF THE VOLUNTEERISM OF EMPLOYEES OF THE CITY OF BROOKLYN CENTER Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution recognizing and expressing appreciation of the volunteerism employees of the City of Brooklyn Center. Background: Many employees of the City of Brooklyn Center volunteer their time to support community and social programs among those including blood donations, food donations, toy drives, and Special Olympics Minnesota. The support of these programs makes a positive difference to the lives of others and enriches the quality of the organization,as well as community. The City Council of the City of Brooklyn Center wishes to acknowledge and express appreciation for City employees who participate in socially responsible efforts. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION OF THE VOLUNTEERISM OF EMPLOYEES OF THE CITY OF BROOKLYN CENTER WHEREAS,many employees of the City of Brooklyn Center willingly volunteer their time and energy to support community and social programs such as blood donations,food donations, toy drives, and Special Olympics Minnesota; and WHEREAS,the support of these programs makes a positive difference to the lives of others and enriches the quality of the organization; and WHEREAS,these volunteer efforts often performed in the name of Brooklyn Center bring honor and renown to the City of Brooklyn Center; and WHEREAS,the City Council of the City of Brooklyn Center wishes to recognize and express appreciation for these volunteer efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that the many volunteers be and hereby are recognized and thanked for their selfless, thoughtful, and compassionate participation in their socially responsible efforts. April 9, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10a i COUNCIL ITEM MEMORANDUM DATE: April 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5742 Fremont Avenue N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 5742 Fremont Avenue N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license 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 13 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, 11 and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-31-2011 The previous rental license expired. 11-08-2011 The property was posted as unlicensed. 11-10-2011 Bruce Goldberg applied for renewal of the rental dwelling license for 5742 Fremont Avenue N a single family dwelling. 12-08-2011 An initial rental inspection was conducted. Thirteen property code violations were cited, see attached rental criteria. 12-30-2011 No one was onsite to meet the inspector for the scheduled reinspection. 01-06-2012 A second rental inspection was conducted and passed. 01-06-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 02-16-2012 A$300 citation was issued for operating a rental property without a valid license. 02-27-2012 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 1, II, and III of Crime Free Housing Program, etc. 03-06-2012 A Mitigation Plan was submitted. Mission:Ensuring an afh'active,clean,safe coninninitt'that enhances the duality of life and preserves the!)nhlic trust i COUNCIL ITEM MEMORANDUM 03-21-2012 The Mitigation Plan was finalized. 03-23-2012 A final 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. 03-30-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 4-09-12. If approved, after six months, a new rental license is required. The license process will begin in 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 Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, 11, or III license. The mitigation plan may include such steps as changes in j 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 Mission:Ensuring an attractive,c lean,safe conrmnnitj that enhances the c/rrrrlity of life«rtclpreserves thepuh/ic trust I COUNCIL ITEM MEMORANDUM 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. 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 communiti,that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+units 0-0.75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 5 or more units Greater than 0.50 Budget Issues: Alission:Ensuring an attractive,cleat,safe communio,that enhances the quality of life and preserves the public Inist i I COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment -Mitigation Plan Mission:Ensuring an attractive,clean,safe comnumlo,that enhances the quality of life and preserves the public trust City of Brooklyn Center Phone:763-569-3300 TTY711 6301 Shingle Creek Parkway Fax:763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted.Please type or use fellable form on City website. Section;A ro city Information Property Address:5742 Fremont Ave North Owner Name:BAG Properties, LLC Locaf Agent:Bruce A. Goldberg _ Owner Address: Agent Address: 436 Hampton Circle,Shakopee,MN 55379 Owner Phone:763.227.5819 Agent Phone:763.227.5819 Owner Email:b goldberg3 @comcast.net AgentEmad:b_goldberg3 @comcast.net Rental License; I lNew I enewal: Current License Expiration Date: 10/31/2011 *Pending Type IV License Exp.Date: 04/31/2012 it montlisfikoin current license exnratior 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. Section BL Required Documents Submit the following documents with the Mitigation Plan for approval: I v 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. I y u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by l0a'of each month(after license approval). Section CL Crime Free Housing Pro ram Requirements � Phase l . 1, Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if (� requested. 13. 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 0✓ 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: -3 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: .�� Improvements to be completed by: Phase III At*-CA oy ATrvry n rn TZ) h/MrL7zT,QG- Zo I( . �✓ I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: `?i�rd�ZO(2 & �tpq/l u 1 ZD l2. Do these two meeting dates occur before the*Pending Type IV License expiration date? ❑Yes❑No (*,Yee Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. 1 r t I will have no repeat code violations previously documented within the past year. For properties with four or wore units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D=Long Term Ca ital Improvements Plan Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,wom or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC- New Heat Exchanger,Fan,Blower 2012 2012 Water Heater- 2000 2015 Kitchen Appliances- 2010 2015 Laundry Appliances- N/A N/A Exterior -Paint/Siding,fascia,trim Vinyl Siding Vinyl Vinyl -Windows Pella Vinyl Replacement Windows 2012 2012 -Roof 25 Shingles 2004 2004 2029 -Fence New Cedar Fence 2004 2005 2015 -Shed N/A N/A N/A Garage New Roof 2004 -Driveway -Sidewalks Smoke Alarms&Carbon Monoxide Alarms 2009 2015 Other(s) Section E.-Ste s tolm rove Mana ement and Conditions of Property, 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.t 3. Evict tenants in violation of the lease and all addendums. r_1 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Other(,): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I Oh 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. BAG Properties, LLC Chief Manager Bruce A. Goldberg Owner or Agent Name and Title(Please Print) Owner or Agent Signature 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 Bv: Police epartment/Title Da Building&Codimunity Standards Department/Title Da e i I Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: April 9, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3400 661h Avenue N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 3400 66th Avenue N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license 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 11 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 1, 11 and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-30-2011 Solomon Frank-Sawari applied for renewal of the rental dwelling license for 3400 66th Avenue N, a single family dwelling. 09-28-2011 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 10-28-2011 A second rental inspection was conducted and passed. 10-28-2011 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 10-31-2011 The rental license expired. 11-08-2011 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 1, 11, and III of Crime Free Housing Program, etc. 12-29-2011 A second 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 1, 11, and III of Crime Free Housing Program, etc. Mission:Ensuring an attractive,clean,safe cornniunity that enhances the quality,of life and preserves the public trust d I i COUNCIL ITEM MEMORANDUM 01-27-2012 A $125 citation was issued for failing to submit a mitigation plan. 02-14-2012 A$250 citation was issued for failing to submit a mitigation plan. 03-20-2012 A$500 citation was issued for failing to submit a mitigation plan. 03-23-2012 A Mitigation Plan was submitted. 03-27-2012 The Mitigation Plan was finalized. 03-30-2012 All past due utilities were paid. 03-30-2012 A letter was sent to the owner notifying him that the hearing before the Council will be held April 9, 2012. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. I I Mission:Ensuring an attractive,clean,safe conururni(y that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type 1, 11, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things,the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. lVission:Ensuring arc attractive,clean,safe concncun4v that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 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 c i ty 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. i Mission:Ensuring an attractive,clean,scfe conuruueity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1—3 Year 1-2 units 0-1 3+units 0-0:75 ---------- — Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not:more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than.3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25. 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 025 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34"units Greater than 1:: 5 or more units Greater than 0.50 1 iTlissioti:Ensuring an attractive,cleats,sane community that enhances the quality of llJe tool 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 I! iLllssior2:Ensuring aii rattr•acth,e,clean,safe conanunity that enhances the duality of life and preserves the public trust Mar 22 12 11:12a DRORDWRY COPY 7635378891 P•2 City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax:763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted.Please type or use ftllable forte on City websita a .Infox-marl 'n•_Property Address: 66TH AVENUE N, BROOKYN CENTER, MN 55429µ OwrterName:SOLOMON FRANK-SAWARI Local Agent: Owner Address: Agent Address: 4122 WEST BROADWAY AVE.N,MPLS,MN 55472 Owner Phone:612 202 7537 Agent Phone: j Owner Email:MERITTAX@YAHOO.COM Agent Email: Rental License: El New Q Renewal: Current License Expiration Date:10/31/1r3i1 *Pending Type IV License Exp.Date:0413012012 Six nionths.from current license ex iratia11 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 ens rue 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, gn -.4ei>t1olt 1 12eclluixel:Dq;c?uiriei%t a }-�`; 4F r=F` Submit the following documents with the Mitigation Plan for approval•1 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. !r J! 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum �✓ 3. Submit written report by 10"of each month(after license approval). Mar 22 12 11: 12a BRORDWRY COPY 7635378891 p.3 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: MAY 22,2012 � c II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled:_ ii'a- ? Improvements to be completed by: Phase III F771 will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for:JULY 12,2012 &SEPTEMBER 13,2012 Do these two meeting dates occur before the*Pending Type II/License expiration date?ElYes©No (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with•four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. SecftonD:=Lon :`Teiri:C`� ttal=Iirt tnvemeitf"s�.lan. :`";�`-:�{_ - --_' ��::=�;•_ -";:`_ 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- 1011512004 10115/2021 Water Heater- 10115/2004 10/15/2021 Kitchen Appliances- 10/15/2004 10115/2018 Laundry Appliances- 1011512004 10/15/2018 Exterior _ -Paint/Siding,fascia,trim 10/15/2004 10/15/2015 -Windows 10115/2004 10/15/2015 -Roof 10/15/2004 10/15/2015 Fence 10/15/2004 1 0115/2015 -Shed 10/15/2004 10/15/2015 -Garage 02/10/2012 10/12/2020 Driveway 02/15/2004 02/15/2020 Sidewalks 02/15/2004 02/1512015 Smoke Alarms&Carbon Monoxide Alarms 10/25/2011 10/25/2012 i Mar 22 12 11: 12a BRORDWRY COPY 7635378891 p.4 3. Evict tenants in violation of the lease and all addendums. M4. Provide lawn/snow service. ✓ 5. Provide garbage service. ® 6. Install security system. UNITED TECHNICAL SERVICES 7. Provide maintenance service plan for appliances. Name of service co.: LEDIt 8. I am and will remain current on payment ofutility fees,taxes,assessments,fines,penalties and other financial claims due to the City. Q� 9. Other(s):SECURITY SYSTEM IS NOT NECESSARY SINCE THIS IS A SINGLE FAMILY UNIT. THE FAMILY MAY CHOSE I 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 10h 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 ifI 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. SOLOMON FRANK-SAWARI Owner or ,anre aad Title(Please Print) MARCH 22, 2012 Owner V4edejAn&ture Date Additional Owner or AgentName and Title(rf applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date fur City(tso-4ti:i;tation Plan A4)provc6l3y: AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 9, 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. Opportunity to Acquire 6101 Brooklyn Boulevard as Part of the Reimaging of Brooklyn Boulevard Corridor 2. NIMS for Elected Leaders PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Highway 252 Update—April 2012 2. National League of Cities Service Line Program—April 2012 3. Sister City Update—April 2012 4. Active Living Program 5. Success Target Update i Work Session Agenda Item No. 1 MEMORANDUM ® COUNCIL WORK SESSION f DATE: April 3, 2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development ' SUBJECT: Opportunity to acquire 6101 Brooklyn Boulevard as part of the reimaging of Brooklyn Boulevard Corridor. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the potential acquisition of 6101 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard Corridor. Proposed Acquisition: Mr. Doua Vang, the owner of 6101 Brooklyn Boulevard, is offering the EDA the opportunity to acquire this commercial lot for its 2011 taxable market value of$113,398. Mr. Vang indicated that he has been laid-off and finds it necessary to sell this property. In the event the EDA is not interested, he intends to list this property with a commercial real estate broker. Attached for your reference is a copy of Hennepin County's parcel data information for taxes payable in 2012. 6101 Brooldyn Boulevard: The property is a 20,307 sq.ft. corner lot that is zoned C-1 Service/Office District, which adjoins the Cars for Heart Auto Sales/Dealership, located at 6121 Brooklyn Boulevard. The residence, a rambler constructed in 1955, is currently occupied by Mr. Vang's son, with Mr. Vang homesteading the single family home across the street a 6048 Ewing Ave. The attached sketch illustrates the location of this property and its relationship to the former Chrysler Dealership, presently Cars for Heart Used Car Dealership: - 6101 Brooklyn Boulevard, zoned C-1 with a residence on a lot area of.47 acres - 6107 Brooklyn Boulevard, zoned C-2/PUD with a parking/sales lot of.68 acres - 6121 Brooklyn Boulevard, zoned C-2/PUD with an auto sales dealership on 4.48 acres The current Brooklyn Boulevard Corridor Study will be preparing alternative redevelopment concepts for these commercially zoned lots that will likely envision land uses of mid to high Mission:Ensuring on attractive,clean,safe community that enhances the quality of life andpreserves thepublic trust MEMORANDUM - COUNCIL WORK SESSION density residential and office/services that could facilitate a future redevelopment involving a variety of senior housing opportunities and/or medical offices. The acquisition of this corner lot will assist the City in guiding the planning and future redevelopment opportunities for this portion of the Brooklyn Boulevard Corridor and ensure the timely completion of an attractive entrance to the adjacent residential neighborhood. Policy Issues: Does the City Council feel that the acquisition of this commercial lot and removal of the single family residence at 6101 Brooklyn Boulevard will have a positive effect on improving the image of Brooklyn Boulevard? Does the City Council feel that it is in the public interest to direct staff to pursue negotiations for the acquisition of 6101 Brooklyn Boulevard with the use available TIF 3 Housing Funds? Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission:Ensuring an aftractive,clean,safe community that enhances the quality of life anal preserves the public trust i printdetails.jsp Page 1 of 1 Parcel Data for Taxes Payable 2012 Property ID: 34-119-21-43-0050 Address: 6101 BROOKLYN BLVD Municipality: BROOKLYN CENTER School Dist: 279 Construction year: 1955 Watershed: 8 Approx.Parcel Size:IRREGULAR Sewer Dist: Owner Name: DOUA VANG&LEE VANG Taxpayer Name DOUA VANG&LEE YANG &Address: 6101 BROOKLYN BLVD BROOKLYN CENTER MN 55429 Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: November, 1990 Sale Price: $62,000 Transaction Type: Warranty Deed Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name: WANGSTADS BROOKLYN TERRACE Lot: 002 Block: 006 Metes&Bounds: Note:To read full tax parcel description,click here. Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Estimated Market Value: $138,200 Taxable Market Value: $113,398 Total Improvement Amount: Total Net Tax: $2,091.78 Total Special Assessments: Solid Waste Fee: Total Tax: $2,091.78 Property Information Detail for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Values: Land Market $45,000 Building Market $93,200 Machinery Market Total Market: $138,200 Qualifying Improvements Veterans Exclusion Homestead Market Value Exclusion $24,802 Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status http://wwwl6.co.hennepin.mn.us/pins/printdetails.jsp?pid=3411921430050 4/3/2012 LOGISMap Output Page Page 1 of 1 s214 6298 6219 6234 6213 6212 6213 as 4206 6207 � 62Ck• 6207 fl m 62W Mm 3172 34W 6201 62ND AVE N 62 2 '-w 3.1 3407 SOS �? 6130 6137 w w U 2: 61�A' 6lia 6707 3604 111'11111 JJ:ter'i WangGtad Park "A 22 BISTAVE N .608 z f/P19 w E048 r LU LU 3701 LOGS052M53707 206ft http://gis.logis.org/LOGIS_ArcIMS/ims?ServiceName=bc logismap __,ovsde&ClientVersion... 4/3/2012 • .,1 I i aa= C �. }}yy a, �('�3^.* A,��rf,�. �`R"�r ��S� �e4M+i!%� ��`'ice. t .�• r•� gg 1p I - O� � �q��~1 I' �.'4 - _�. 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Potential Acquisition of 6101 Brooklyn Boulevard City of Brooklyn Center City Council Meeting Work Session =r April 9, 2012 i I M f 1 €' wr AP l er wt U .u, , a cc co 0011 Iry z {w� CT ? a Cfl 47 �f o r. -WA 6101 Brooklyn Blvd . ■ 20,307 sq . ft. corner lot; zoned C-1 Service/Office District Site contains a residential dwelling constructed in 1955 ® adjoins Cars with Heart Auto Sales/Dealership and Cars for Courage Center © Mn Doua yang (owner) is offering EDA the opportunity to acquore Ws commercial zoned lot for the 2011 taxable market vaDue of $113,3980 t i ! _ ai+ 4 J r. 6 � � t f , w 1 y,.y Y 6• S '.j�ltM .�,� Y ICJ ''. �I� Y''w*gam � �� " ki i 1 9 e A •'' �" a�" 4 I ' • I t S �I h F rte, F, v q �t' Al Il ,•i i �. �N 4 6' "xr - p" E s h•�: *v' '"v' .5. i x"`� "SY'!. �• `"`h JIM c� { , r. .. •. ., toll AM VAN r C r� Y: 6101 The current Brooklyn Boulevard Corridor Study will be preparing alternative redevelopment concepts for these commercially zoned Dots that will likely envision land uses of mod to high density residential and office/services that could faciRate a future redevelopment involving a variety of senior housing opportunities and/or medical offices. The acquisition of this corner lot will assist the City in guiding the planning and future redevelopment opportunities for this portion of the Brooklyn Boulevard Corridor and ensure the timely completion of an attractive entrance to the adjacent residential neighborhood . Policy ■ Does the City Council feel that the acquisition of this commercial lot and removal of the single family residence at 6101 Brooklyn Boulevard will have a positive effect on improving the image of Brooklyn Boulevard ? ° Does the City council feel that it 6s in the public onterest to direct staff to pursue negotiations for the acquisition of 6101 Brooklyn boulevard with the use available TIF 3 Housing Funds? AID Recommended that the pity Council consider providing directon to staff regardong the potential acquisition of 6101 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard Corridor. � Questions? Tork Session Agenda Item No. 2 i MEMORANDUM - COUNCIL WORK SESSION DATE: March 21, 2012 TO: Curt Boganey, City Manager FROM: Lee Gatlin Fire Chief/Emergency Preparedness Director g Y p SUBJECT: NIMS for Elected Leaders Recommendation: Council should provide direction as to if and/or when it would like to meet to receive the proposed NIMS training. Background: In October of 2005, the Brooklyn Center City Council adopted the National Incident Management System (NIMS) as the standard for incident management. When implementing NIMS, all emergency plans and SOPS must incorporate NIMS components,principles and policies, including emergency planning, training, response, exercises, equipment, evaluation, and corrective action plans. Elected and appointed officials of a community need to be directly involved in these NIMS preparedness elements, especially when the community exercises its emergency management policies,plans, procedures and resources. A power point presentation has been prepared for the Council on NIMS for Elected Leader which provides an overview of emergency management principles and the elected leaders' roles and responsibilities before, during, and after and event. This presentation should not exceed Ihr. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe secure community. mission:1-insaring an attractive,clean,safe,inelusive coanrruarrit,that enhances the quality of life ,for all people and preserves the public trust