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HomeMy WebLinkAbout2012 07-23 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION July 23,2012 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • MEMORANDUM - COUNCIL STUDY SESSION DATE: July 23, 2012 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Phyllis Austin, 3518 53rd Ave N. Compliance Notice for a Dead Tree Background: Councilmember Kleven has requested that this item be discussed during the study session under miscellaneous items. I :I1.4.7LTfZ;Ensuring r tlli tTlfftdC IYET,l`1(?C[Ftj SfPfe,rile usive eonnftalatr that f'nhaltvess the(]uaf ly of l7JL' fin,ttllpcoph?rn dpresei-ves the public Inisl Vickie Schleuning From: Vickie Schleuning Sent: Friday,July 13, 2012 8:11 PM To: Tim Willson; Carol Kleven; Kay Lasman; Lin Myszkowski; Dan Ryan Cc: Curt Boganey Subject: FW: dead tree removal #64 PID 03-118-21-43-0054 Req Nbr: 12-022979 Hello, Please see the response to Phyllis Austin, property owner of 3518 53rd Ave, regarding her concerns about a Compliance Notice for a dead tree. Please let me know if you have questions. Thank you, Vickie Schleuning Assistant City Manager/Director of Bldg &Community Stds City of Brooklyn Center 6301 Shingle Creek Pkwy, Brooklyn Center MN 55430-2199 Ph 763.569.3309 1 Fx 763.569.3494 1 vschleuning @ci.brooklyn-center.mn.us www.cityofbrooklyncenter.org —TA great place to start,A great place to stay From: Vickie Schleuning Sent: Friday, July 13, 2012 8:07 PM To: 'phyllis austin' Cc: Jesse Anderson; Rebecca Crass Subject: RE: dead tree removal #64 PID 03-118-21-43-0054 Req Nbr: 12-022979 Hello Ms. Austin, I apologize for the delay in response, but I wanted to make sure we were able to review all the various concerns. First of all, thank you for arranging for the removal of the dead tree (34 inch Cottonwood) for July 20, 2012. Recognizing the costs of tree removals may be higher, the city often works with property owners regarding time frames for removal. According to City records, it appears that tree has been dead for an extended period of time, first identified in July of 2009. The City recently received concerns about the dead tree and possible hazard of falling on utility lines or on adjacent property or people. Although a dead tree may exist within the confines of a property, it may cause damage or harm to adjacent property or people depending on the size, winds, and other factors. The risks increase over time so we appreciate your cooperation in resolving this matter. In regards to your questions, I have tried to provide a brief, but complete response. I apologize if it is lengthy. • The first Compliance Notice provides the initial step in the process where residents should contact us within ten days of the date on the letter to discuss plans for removal (procedures, bids, deadlines, etc.). Understanding that certain situations may not be completed within that time frame,you followed the correct steps in contacting the City promptly. It is unfortunate that your experience in contacting the City was frustrating and you feel you were given the "run around". Customer service is important to us and we strive to provide accurate information to residents in a timely manner. Some of the staff, such as the City Forester, are in the field much of the time and may not have a voice mailbox. In an effort to provide better customer service, administrative support staff answer phones and help individuals when possible and more promptly. We often receive positive feedback about this approach. However, it seems that any specific information that you left on voice mail was inadvertently not relayed to the City Forester who contacted you back. • A quote for tree removal was provided along with the Compliance Notice. The city maintains a contract with a tree service for removal of dead and diseased trees and the quote is provided for convenience if you choose to use the City's tree program. If you make independent arrangements to remove the tree, you are under no obligation to hire the city's contractor. The city does not send out lists of registered tree contractors since handouts may be outdated as the list changes, but this information is available on the City website or by calling. We appreciate your suggestion and will be adding information about how to find registered tree contractors on the Compliance Notice. We have this information in other documents, but not on this notice. It will be helpful to recipients. o The quote indicates and price reflects the removal of the tree and hauling all parts off site. It also indicates utility lines must be addressed and a portion of fence must be removed with permission of the neighbor. Again, you are under no obligation to use the City's tree program. If you choose to arrange your own tree removal, we recommend you obtain multiple bids, check with Better Business Bureau, and follow other good contract practices. Prices and quality of services can vary significantly by contractor and by the job. We appreciate your feedback since we continually look for ways to improve our services and communications. We appreciate your efforts and desire to Keep our neighborhoods clean, safe and attractive. Please contact us when the tree is removed and if you have any questions in the meantime. Thank you. Sincerely, Vickie Schleuning Assistant City Manager/Director of Bldg &Community Stds City of Brooklyn Center 6301 Shingle Creek Pkwy, Brooklyn Center MN 55430-2199 Ph 763.569.3309 1 Fx 763.569.3494 1 vschleuning(@ci.brooklyn-center.mn.us www.cityofbrool<lyncenter.org —ITA great place to start,A great place to stay From: phyllis austin fmailto:phyllismaustin(cbhotmail.com] Sent: Tuesday, July 10, 2012 12:12 PM To: Jesse Anderson; Rebecca Crass; Vickie Schleuning Cc: Tim Willson; Carol Kleven; Kay Lasman; Lin Myszkowski; Dan Ryan Subject: dead tree removal #64 PID 03-118-21-43-0054 Req Nbr: 12-022979 Importance: High In response to the citation letter received I have a few comments: First, It was sent over the holiday and was not received until after the 4th. No date was given or whether it was counting business days or over the weekend. 2) a quote was attached from Arbor Tree Service. Quotes are not suppose to be sent by the city. It is a conflict of interest. The city is suppose to send a list of registered tree service providers. 3) the quote was NOT itemized and the amount outrageous and unacceptable. It did not say what the $3500 was for... 4) when callling the city back my call was transferred and no information given when the call would be returned when I left a voicemail. I ended up getting two calls back a day later with no message or an ID from whom it was from. I finally answered the call and the person responded with "YOU CALLED ME". First, why was my message not transferred with all the information and why was the call over a day later. the person who called me back was unhelpful, arguementive and just plain rude. I explained my problem with the quote, the 10 day ruling over the holiday and not getting the letter and 2 that I did not have that kind of money sitting around to pay for this and that the tree was not unsafe to anyone except for my own property and dwelling. He said it could be added to my property assessment with a charge of 5% to the $3500 quote. I tried to explain that this was not a priority and that when other bills were paid we were looking into removing the tree. Also, we knew that the cost of removing the tree was no where near$3500. The person couldn't even give me his name that I could understand. And after looking it up I don't see anyone listed on the staff of the city of Brooklyn Center. Who is this Bill Vetter? He also said a complaint from a neighbor is what prompted this action. I wanted to know which neighbor since the surrounding neighbors all have issues with their own yards that need to be taken care of. He said that that information was not available and done anonymously. The whole point is this guy was not helpful at all and totally made me feel that the reason I called in the first point was a waste of my time. 5) I went on the BC website looking for contact information and ended up finding the list of registered tree service contractors called a few to look at our tree and give me a quote.They are busy and are booked out 1-2 weeks. One was in the area and stopped by and left a quote for $965. That is a far cry from the $3500. I contacted hime and made the appointment for cutting the tree down July 20, 2012. He said to let the city know an appt has been made and they should allow for the time extension. The main issue is I want to know why a quote was sent with the city letter, why it was so much, why wasn't the person I called helpful and why didn't he give me info on the registered tree removers with the city or why wasn't the list included in the citation letter?Also, why is it so hard to get a name instead of"the pass the bucket" excuses so a citizen feels like they are being helped when calling instead of given the run around! Why in the letter did it not give a due date or explain when due especially when being sent over the holiday and two weekends. Eagle Tree Service is cutting down our tree.They are booked out and busy but a date is set for Friday, July 20, 2012 for removal and they are calling Excel for electric to be turned off. If you have any other questions please do not hesitate to email me back regarding this issue. I have tried to include everyone in this correspondence so that improvements can be made in the communication process. Not everyone has money available in this time of economic stress for unexpected expenses that arise much less for tree removal that takes time to plan for such a large expenditure. Some people do take care of their property and can without unexpectedc cost (like us) but have cash flow problems. Others just don't care and do nothing to improve their property. More citations should be given out to these property owners when it impacts the city and property values. 3 City Of Building and Community Standards Brooklyn Center www.cityojbrooklyncenter.org 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3330 TWNoice 711 Fax 763.569.3360 Notice to Abate Nuisance,and Dead Tree Removal Agreement June 28,2012 Johnny E Austin 3518 53rd Ave N Brooklyn Center MN 55429 RE: 3518 53rd Ave N PID: 03-118-21-43-0054 RequestNbr: 12-022979 Tree(s): #64 Cottonwood Dear Property Owner: The City tree inspector has recently inspected your property,and has found dead tree(s)as noted above. Dead trees are declared to be a public nuisance under City Ordinance,Section 20-202. You are hereby ordered to remove dead trees and all debris,brush and stumps within ten(10)days as required by City Code,Section 19-105. The City operates a dead tree removal program,and maintains a contract with a tree service for removal of dead trees. The charge to the property owner is based on the size of the tree. You may choose to remove the dead tree(s)yourself or hire a private service to do so,or you may choose to participate in the City's program. After reviewing the enclosed information,please indicate the option you desire on the Agreement,sign,and return it to the City of Brooklyn Center,Building and Community Standards Department,6301 Shingle Creek Parkway,Brooklyn Center,MN 55430. Retain one copy of the Agreement for yourself. You have the right to appeal this order to the City Council. If you wish to appeal,you must file a written appeal,specifying the grounds for the appeal,accompanied by a fee in the amount of$50.00 by cash or cashier's check,to the Building and Community Standards Department within five business days after service of this order. Your cooperation in this matter is greatly appreciated. Failure to comply with the requirements of City Ordinances may result in criminal prosecution,civil proceedings or the imposition of civil penalties. Unpaid fees,charges and costs incurred by the City with respect to the property may be specially assessed against the property. If you have any questions or wish to have the City's contractor remove the tree(s), please contact us at 763-569-3330. Sincerely, * 12 - 022979 * Rebecca Crass Administrative Assistant Enc. Dead Trees-1st Notice i Building and Community Standards XBrookl'yn'Center www.cityojbrooklyncenter.org 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3330 TTYNoice 711 Fax 763.569.3360 Notice to Abate Nuisance and Dead Tree Removal Agreement Address: 3518 53rd Ave N PID: 03-118-21-43-0054 Request Nbr: 12-022979 June 28,2012 This is to inform you that the property identified above has been found to have tree(s)and/or stump(s)classified as a public nuisance in accordance with City Ordinances. The following are tree(s)and/or stump(s)so identified and the estimated cost of removal through the City's Tree Contractor.If you are not the owner or manager of this property,please advise us immediately. Tree# Tree Type Size Blvd/Private Remove/Debark Diseased/Dead Est.Cost 64 Cottonwood 34.0 Private Debark Dead $ 3,526.87 INSTRUCTIONS , Please read the enclosed information,check one option,sign below and return to the City. a 11 am totally responsible for the removal of the specified tree(s)or stump(s). I will notify the City at 763-569-3330 that removal is complete within ten(10)days of the date of this notice. I authorize the City's contractor to remove the specified tree(s)or stumps(s). I understand I will be invoiced for the total amount after the removal is complete. I also understand that if I do not pay the invoice,the cost of removal plus additional fees will be levied as a special assessment on my property taxes under the provisions of Minnesota Statutes,Chapter 429. I am the owner of the above described property,am authorized to bind said property and agree to the conditions specified by the option I have selected above. I agree to pay the specified costs if removed by the City's contractor according to the specifications on file at the Building and Community Standards Department. I acknowledge receipt of this notice. Authorized Signature Daytime Phone Date * 12 - 022979 *' Johnny E Austin 3518 53rd Ave N Brooklyn Center MN 55429 Dead Trees-1st Notice i ARBOR TREE 1NC. P.O. Box 290298 • Brooklyn Center, MN 55429 'VISA Phone: 763-560-0666 * Fax: 763-561-9698 E . I - E-mail: arbordesigninc@aoi.com E�RE55 www.ArborTreeServiceMN.com Don Lawrence, Owner GENERAL CONTRACT and WORKING AGREEMENT o �..�- We,The Arbor Tree Service,Inc.,agree that we are fully insured and responsible for any damages due to our negligence that might occur while working for you.All work will be paid for upon completion of work unless otherwise specified. 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Informal Open Forum with City Council—6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but,rather, for hearing the citizen for informational purposes only. 2. Invocation—7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda • —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. July 2—Joint Work Session w/Financial Commission 2. July 9—Study/Work Session 3. July 9—Regular Session b. Licenses 7. Presentations/Proclamations/Recognitions/Donations a. Wellness by Design Award Requested Council Action: —Receive the award. b. League of Minnesota Cities City of Excellence Award Requested Council Action: —Receive the award. C. Resolution Expressing Appreciation for a Donation of$1,000 from the Brooklyn • Center Rotary Club to be Used Towards the Purchase of a Thermal Imaging Camera Requested Council Action: -Motion to tadopt resolution. CITY COUNCIL AGENDA -2- July 23,2012 • 8. Public Hearings a. An Ordinance Amending Ordinance No. 2010-12 Regarding Council Salaries for 2013-2014 —This item was first read on June 25, 2012; was published in the official newspaper on July 5, 2012; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Mtoin to close Public Hearing. Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2012-009 Submitted by RER Acquisitions, LLC, for Preliminary Plat of France Avenue Business Park Addition for'the Property Located at 4001 Lakebreeze Avenue North. The Planning Commission recommended approval of this application at its June 28, 2012, meeting. 1 Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2012-009-Submitted by RER Acquisitions, LLC, for Preliminary Plat of France Avenue Business Park Addition for • the Property Located at 4001 Lakebreeze Avenue North Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for Twin Lakes Manor, 3305-3433 53rd 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. b. Proposed Charter Amendment Regarding Ward System Requested Council Action: —Direct staff to prepare a resolution accepting the Charter Commission recommendation and calling a special election thereon. 11. Council Report 12. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 23,2012 • 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. Use of Eminent Domain—Councilmember Ryan 2. Neighborhood Parties—Councilmember Lasman PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Brooklyn Boulevard Corridor Study Update—August 13 2. National League of Cities Service Line Program 3. Sister City Update 4. Success Target Update • • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JULY 2, 2012 CITY HALL- COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Director of Finance Dan Jordet, and Director of Public Works/City Engineer Steve Lillehaug. Others present were Financial Commissioners Rex Newman and Dean Van Der Werf. Commissioner Dan Schueller arrived at 6:34 p.m., and Koff.Agbossou arrived at 6:45 p.m. • Councilmember Lasman moved and Councilmember Ryan seconded to approve this evening's agenda. Motion passed unanimously. CAPITAL IMPROVEMENT PLAN 2013-2027 Mr. Boganey introduced the session with a brief explanation on why the Capital Improvement Plan is done early in the budget process Mr. Lillehaug reviewed the Plan document including the overall project plan, the overall spending plan, and the projects that are new or revised for the 2013 through 2027 period. The program maps were reviewed and some discussion took place on the differences between full reconstruction, full depth pavement replacement, and mill and overlay projects. It was pointed out that the first round of capital project street reconstructions for the entire City is scheduled for completion in 2021. Also discussed, though not in the CIP, were the Highway 252 and 66th Avenue intersection, the Firehouse Park basketball court, and the Park Master Planning status. Mr. Jordet then reviewed the financing scenarios for projects in the Capital Improvement Plan. After reviewing the overall plan with indications on which funds would fall short of funds during the 2013-2027 period,possibilities for addressing these funding shortfalls were discussed. Sale of improvement bonds paid through a property tax levy was presented for the Street Reconstruction Fund. Changes in the utility rates were presented for application in the Water, Sewer, Stormwater and Street Light Funds. 07/02/12 -1- EBHC CAPITAL PLAN • Mr. Jordet reviewed the updated capital plan for the Earle Brown Heritage Center (EBHC). With the update of the Plan for the 2013 through 2035 period, an increase in contribution for EBHC operations must begin in 2013 to achieve the projects listed in the plan. The operational contribution would have to rise from$200,000 per year to $ 250,000 per year beginning in 2013. CAPITAL BUILDING MAINTENANCE PLAN In discussing the Capital Building Maintenance Plan (CBMP) and possible funding sources, a number of issues were raised for consideration. Sources of immediate cash include the Capital Emergency Reserve Fund, the Liquor Fund, the General Fund and the Stormwater Fund. Issuance of debt for continuation of the CBMP was also discussed both in terms of using portions of an Improvement bond repaid by property tax levy and/or a referendum levy bond for significant reconstruction of the Civic Center complex. MISCELLANEOUS Councilmember Lasman addressed the group concerning passing on the shoulder along 69th Avenue, and staff indicated it would continue to work with the County regarding this issue. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work • Session at 7:52 p.m. Motion passed unanimously. • 07/02/12 -2- • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JULY 9,2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community s Standards Vickie Schleunin and Carla Wirth TimeSaver Off Site Secretarial, Inc. g> > CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Myszkowski requested discussion on Item 9, Planning Commission Items, in. particular the variety of trees available for landscaping. She noted the City of Chicago has changed its tree list in anticipation of a rise in temperatures and asked if Brooklyn_Center has considered this option. City Manager Curt Boganey stated Brooklyn Center has not been involved in those discussions but staff can follow up on that option. MISCELLANEOUS Golf Course Update Councilmember Kleven asked whether business at the golf course has been affected by the recent hot weather. Mr. Boganey indicated the high 90s weather resulted in a reduced number of golfers; however, the early spring weather resulted in higher than normal revenues during that time. He reviewed improvements made at the golf course to update the decor, provide popcorn to encourage golfers to stay longer, lower expenses by reducing the amount of fertilizer used, and course changes made to speed rounds. Shingle Creek Crossing Update Councilmember Kleven described landscaping being planted at Shingle Creek Crossing and indicated it will be beautiful when finished. Mr. Boganey advised that landscaping is typically . guaranteed for one year. Mayor Willson announced the Walmart ribbon cutting is scheduled for September 12, 2012. He stated he spoke with Walmart's managers who assured him Walmart is 07/09/12 -1- DRAFT hiring from Brooklyn Center and looking for opportunities to contribute to be a"good neighbor." • Metropolitan Council 2040 Visioning—Solicitation for Comment Councilmember Lasman referenced an article in a Metropolitan Council periodical seeking input on its 2040 visioning, noting she hopes all will remember the need to move North Minneapolis in a more positive direction, which will positively impact Brooklyn Center and raise the image of both cities. Councilmember Myszkowski stated her support and belief that education is the key. Mayor Willson asked how the Metropolitan Council fits into this discussion since it is more involved in infrastructure issues. Mr. Boganey stated they also have housing policies. He noted Minneapolis Mayor Rybak has been vocal on his high priority goal to improve North Minneapolis so Brooklyn Center can reach out more directly to partner for this common goal. Mayor Willson noted that approach would also alleviate the political perception of Brooklyn Center's relation with North Minneapolis. Councilmember Lasman pointed out the invitation to provide input is a good opportunity to reach out and suggested that periodical article be mentioned in the City's response. Mr. Boganey agreed a joint effort may be better received by the Metropolitan Council and suggested scheduling a meeting with Minneapolis Mayor Rybak and Hennepin County • Commissioner Opat. The City Council discussed options and consensus was reached to support the approach of having the two Mayors meet. 69th Avenue Lane Closure Update Councilmember Lasman asked for an update on the lane closure on 69th Avenue between Palmer Lake Drive and Brooklyn Boulevard. Public Works Director/City Engineer Steve Lillehaug explained traffic is being diverted to the right lane and a temporary turn lane was created with barrels until the permanent access points are constructed and reopened on Brooklyn Boulevard. Project Update Councilmember Myszkowski asked if neighbors were notified of the work schedule for the project at Lakebreeze Avenue. Mr. Boganey stated neighbors are not typically notified of such a project and an inspector is on site to assure there is no neighborhood disturbance. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S 2013 OPERATING BUDGETS • 07/09/12 -2- DRAFT Mr. Lillehaug introduced the item and requested City Council direction regarding the Shingle • Creek and West Mississippi Watershed Management Commission's (WMC) 2013 operating budgets. It was noted the Joint Powers Agreement provides that a member city may object to the operating budgets by giving written notice to the Commissions by August 1 of the preceding year. ' The proposed Brooklyn Center assessment for the 2013 West Mississippi WMC is $14,433, an increase from the 2012 assessment of$13,338. The total operating budget for 2013 is $146,450 compared to $160,100 in 2012. The proposed Brooklyn Center assessment for the 2013 Shingle Creek WMC is $38,452, a slight decrease from the 2012 assessment of$38,937. The total operating budget for 2013 is $355,550 compared to $351,700 in 2012. Mr. Lillehaug advised that the MPCA monitors the 65th Avenue outfall into the Mississippi River and found elevated bacteria resulting from human and pet feces. Staff will work with the MPCA to determine the source of that contamination. Mr. Lillehaug explained that effort has resulted in a slight increase in the West Mississippi WMC budget. Councilmember Lasman asked when the next segment of Shingle Creek, located in Brooklyn Park, will be addressed. She explained the area she is referencing contains many pieces of concrete debris that have caused additional erosion. Mr. Lillehaug explained that work involves a capital improvement. Currently, Brooklyn Park and the Shingle Creek WMC have no plans to do anything specifically with that Creek section but it is listed to be addressed relating to impairments (dissolved oxygen and biotic). Mr. Lillehaug stated he will raise this concern with the Technical Advisory,Committee and report the results to the City Manager. The majority consensus of the City Council was to raise no objections to the 2013 Shingle Creek and West Mississippi WMC operating budgets. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:37 p.m. Motion passed unanimously. • 07/09/12 -3- 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 JULY 9, 2012 CITY HALL—COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION At the request of Councilmember Lasman, Father Peter Connolly, St. Alphonsus Catholic Church, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:04 p.m. 4. ROLL CALL • 07/09/12 -1- DRAFT Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Lin Myszkowski. • Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vicki Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 25, 2012—Study Session 2. June 25, 2012—Regular Session 3. June 25, 2012—Work Session 6b. LICENSES AMUSEMENT DEVICES Dandy Amusement International, Inc. 2265 Ward Avenue#C, Simi Valley, CA Regal Cinemas#25662 6420 Camden Avenue N. GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Farmer's Union dba Midwest Grease P.O. Box 26, Redwood Falls Jate Mies, Inc. dba Garbage Man 11365 Xeon Street NW, Coon Rapids Randy's Environmental Services P.O. Box 169, Delano Waste Management-Blaine 10050 Naples Street NE, Blaine MECHANICAL Altemp Mechanical, Inc. 925 Osprey Boulevard,Bayport Centraire Heating and A/C 7402 Washington Avenue,Eden Prairie Fore Mechanical 3102 103`a Lane NE, Blaine G-HVAC 16036 Mallard Way SE, Prior Lake KB Mechanical 5249 O'Connel Drive, Mounds View KB Service Company 430 E. County Road D, Little Canada Knight Heating&Air 13535 89' Street NE, Ostego Residential Heating&A/C 1815 E. 41St Street, Minneapolis RENTAL • INITIAL (TYPE II-two-year license) 07/09/12 -2- DRAFT • 5317 Camden Avenue N. Jeffrey Brawley 5742 Emerson Avenue N. Joseph Faust 5836 York Avenue N. Courtney Tran RENEWAL (TYPE III—one-year license) 6740 Grimes Place—Victoria Townhomes The Gaughan Properties 6931 Toledo Avenue N. Jason Schubert RENEWAL (TYPE II—two-year license) 341362 nd Avenue N. Lee Mixson RENEWAL (TYPE I-three-year license) 5354 70t'Circle Deepak Nath 5901 Halifax Avenue N. Susan Bufis 6c. RESOLUTION NO. 2012-94 ESTABLISHING IMPROVEMENT PROJECT NOS. 2013-01, 02, 03, AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2012-95 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES • Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Susan Blood, Northwest Hennepin Human Services Council (NWHHSC), presented its 2011 annual report, noting that Brooklyn Center's 2011 contribution of$12,182 resulted in receiving $75,204 of benefit. For every one dollar Brooklyn Center contributed, it received'$6.17 in services. Anita Perkins stated she works with the community emergency service providers and described the 2011 activities of the Community Emergency Assistance Program (CEAP) and Project Peace. She also presented the 2012 Guide to Human Services and emergency contact information. Mayor Willson noted the Council is working with Police Chief Kevin Benner, made domestic abuse a high priority, and has directed more resources towards that effort. Barb Jensen,Senior Leadership Committee, reviewed services provided to Brooklyn Center's seniors. Fire Chief Lee Gatlin indicated about 80 smoke detectors have been placed in seniors' homes during 2012 at no charge. Ms. Blood thanked City Manager Curt Boganey for serving on the NWHHSC Executive Committee and read into the record the letter submitted by Sharon Kephart, Brooklyn Center • representative on the Advisory Commission of the NWHHSC. 07/09/12 -3- DRAFT Mayor Willson thanked Ms. Blood Ms. Perkins and Ms. Jensen for their devotion to Brooklyn • Y Y Center, especially during these trying economic times. Mr. Boganey clarified that NWHHSC is a research, planning, and coordinating organization, not a provider of services. Ms. Blood stated that is correct and explained that the Community Emergency Assistance Program(CEAP)provides emergency services such as rental help and gas cards. Ms. Perkins advised that emergency research folders and domestic violence folders are available at the front desk,police departments, and schools. Councilmember Lasman moved and Councilmember Kleven seconded to accept the Northwest Hennepin Human Services Council Annual.Report. Motion passed unanimously. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NOS. 2012-013, 014, AND 015 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT • COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDINGS H,K,AND L Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application Nos. 2012-013, 014 and 015 submitted by Loren Van Der Slik(Gatlin Development Company) requesting site plan and building plan approval for Building H (11,200 sq. ft. on a 1.10 acre,parcel); Building K (reduced size of 9,500 sq. ft. on a 1.19 acre parcel); and, Building L (increased size of 11,200 sq. ft. on a 1.19 acre parcel). Mr. Benetti presented exterior elevations and site plans components for each building. He advised the Planning Commission recommended approval of the applications at its June 28, 2012,meeting. 1. RESOLUTION NO. 2012-96 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-13 — SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING H (LOCATED ON LOT 9, BLOCK 1, SHINGLE CREEK CROSSING ADDITION-1560 SHINGLE CREEK CROSSING) Councilmember Lasman moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2012-96 Regarding the Recommended Disposition of Planning Application No. 2012-13 Submitted by Loren Van Der Slik(Gatlin Development Company) Approving New Site and Building Plan for Proposed Building H (Located on Lot 9, Block 1, Shingle Creek Crossing Addition— 1560 Shingle Creek Crossing). • 07/09/12 -4- DRAFT • Motion .assed unanimously. Y 2. RESOLUTION NO. 2012-97 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-14 — SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING K (LOCATED ON LOT 10, BLOCK 1, SHINGLE CREEK CROSSING ADDITION—1600 SHINGLE CREEK CROSSING) Councilmember Kleven moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2012-97 Regarding the Recommended Disposition of Planning Application No. 2012-14 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building K (Located on Lot 10, Block 1, Shingle Creek Crossing Addition 1600 Shingle Creek Crossing). Motion passed unanimously. 3. RESOLUTION NO. 2012-98 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-15 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR • PROPOSED BUILDING L (LOCATED ON LOT 14, BLOCK 1, SHINGLE CREEK CROSSING ADDITION—1150 SHINGLE CREEK CROSSING) Councilmember Myszkowski moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2012-98 Regarding the Recommended Disposition of Planning Application No. 2012-15 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building L (Located on Lot 14, Block 1, Shingle Creek Crossing Addition— 1150 Shingle Creek Crossing). Motion passed unanimously. In response to the City Council's question, Mr. Benetti_clarified that a two-way access will remain to the Kohl's Store site throughout the duration of the project. Mr. Boganey stated Mr. Gatlin,the developer,has indicated they have letters of intent for Buildings H,K, and L. 10. COUNCIL CONSIDERATION ITEMS. 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PARK AND RECREATION COMMISSION Mayor Willson presented his nomination of Jill Dalton to the Park and Recreation Commission. Councilmember Lasman moved and Councilmember Kleven seconded to ratify the Mayoral • nomination of Jill Dalton, 6417 Colfax Avenue North, to the Park and Recreation Commission 07/09/12 -5- DRAFT for a term to expire December 31, 2014. • Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 5715 Emerson Avenue North was inspected and would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However,the property owner failed to meet the conditions of the Type IV Rental License, specifically failing to complete Phase II security improvements. This property received a Type IV Rental License on February 13, 2012, on condition of adherence to the Mitigation Plan and City ordinances. In accordance with the City ordinances, if the requirements of the license category and Mitigation Plan are not met,the license renewal category remains a Type IV. It was noted that the property was inspected and zero property code violations were cited. Staff recommends approval of a continued Type IV Rental License in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property and recently evicted a tenant who previously created nuisance issues. Councilmember Kleven moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. • No one wished to address the City Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-99 APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH The Council acknowledged the positive trend with this property and reduction of violations, a reflection of the success of the rental program. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-99 Approving a Type IV Rental License for 5715 Emerson Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • June 28, 2012,Planning Commission Meeting • 07/09/12 -6 DRAFT m Councilmember Kleven stated she hoped residents enjoyed a memorable July 4I' celebration. She announced the following events: July 10, 2012, Neighborhood Meeting at Willow Lane Park; July 10, 2012, Brooklyn Community Aand event at Centennial Park; July 13, 2012, American Cancer Relay for Life at the Brooklyn Center High School; and,July 21-22, 2012,Fun Fest at St. Alphonsus Catholic Church. Councilmember Lasman reported on her attendance at the following: • July 2, 2012, Budget Work Session with the Financial Commission Councilmember Lasman announced the July 10, 2012, Willow Lane Park Neighborhood Meeting and encouraged residents to enjoy the Relay for Life event, noting she will be out of town and unable to attend. Councilmember Myszkowski reported on her attendance at the following: • June 28, 2012,Planning Commission Meeting • July 2, 2012,Budget Work Session with the Financial Commission Mayor Willson reported on his attendance at the following: • July 2, 2012, Budget Work Session with Financial Commission Mayor Willson reported on his meetings with Walmart's managers who are hiring from • Brooklyn Center and indicated a desire to be good neighbors in supporting local events; and, Dr. Duane Orn, Amphitheater Task Force Chair, and former Mayor Phil Cohen to discuss fund raising efforts,noting they have raised two-thirds of the needed funding. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 07/09/12 -7- DRAFT • City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM • DATE: July 13, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4tAf* SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its July 23, 2012. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. LIQUOR—OFF-SALE 3.2 PERCENT MALT LIQUOR Walmart#5625 1200 Shingle Creek Crossing • MECHANICAL Legacy Mechanical Services 9714 Woodcrest Ct,Monticello MS Universal Services 6785 Underwood Ln,Plymouth Upland Heating and Cooling 308 SW 15th St,Forest Lake RENTAL See attached report. SIGNHANGER Scenic Sign Corporation 828 S 5th Street, Sauk Rapids TOBACCO RELATED PRODUCTS Family Dollar,Inc. Store#9267 6800 Humboldt Ave N • Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people any!preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit P Y p 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.'15 but not triore than`1 5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3f units Greater than 1.5 but not more.than 3 Type IV—6 Months 1-2 units Greater than 8 3: units Great&I han 3 License Number of Units Validated Calls for Disorderly Conduct Category Service& Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3=4 units Q-0.25 • 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3 EM Property; Final Previous Dwelling Renewal Code License Police- License License Property Address Type or Initia Owner Violations e Type CFS* Type** Typ *** 5815 Drew Ave N Single Family Initial Andrew and Jessica Kuhn 4 II N/A II 4201 Lakeside Ave#212 Single Family Initial First House LLC 3 II N/A II Earle Brown Farm Apartments 4 bldgs 148 27 170169th Ave N 120 units Renewal Sheldon Tysk 1.23/unit II .23/unit II N/T Unity Place 11 bldgs 32 18 7256 Unity Ave N 112 units Renewal CHDC Ltd Partnership .29/unit I .16/unit 1 II 5412 Fremont Ave N Two Family(1) Renewal Gary Anakkala 4 11 0 II II 1316 68th Ln N Single Family Renewal lValerie Blount McKissack 1 1 0 1 N/T 6807 Humboldt Ave N C301 Single Family Renewal I Raymond Charest 8 III 0 111 1 IV 7041 Willow La N Single Family Renewal Isandra Hansen 0 1 0 1 III *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 1=3 year Type II=2 year Type III=1 year • City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM • DATE: June 29, 2012 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: Wellness by Design Award Recommendation: It is recommended that the City Council receive the Wellness by Design Award. Background: In March the City's Wellness Committee submitted an application to Hennepin County for a Wellness by Design Award. We were selected as an award recipient and received the award on June 21, 2012. The Wellness by Design Worksite Awards are presented in four award levels to Hennepin Count y p g worksites that demonstrate accomplishments in the areas of management support, wellness infrastructure, assessment and evaluation, supportive environments, communication and engagement, programs and interventions. For more information visit the Wellness by Design Award website at www.hennepin.us/,,vellnessbydesig Also attached is the press release. • Budget Issues: There are no budget issues to consider. • r issivrr:Ensuring an attractive,dean,,safe,inclusive c°ornrnarnity that enhances the qualitp of life for all people and prccserves rite public trust • Hennepin County News Public Affairs•612-348-3848.300 South Sixth Street,Minneapolis, MN 55487-0011 June 21,2012 Contacts: Sonja Savre, Human Services and Public Health Department: 612-348-6728 Brad Kissell,Human Services and Public Health Department: 612-348-5367 Hennepin County honors 78 worksites with Wellness by Design Awards in 2012 A total of 78 public,private and nonprofit organizations in Hennepin County have won 2012 Wellness by Design Awards for excellence in promoting worksite wellness. • The awards,presented at a June 21 award ceremony at the Earle Brown Heritage Center in Brooklyn Center,recognized employers who made employee health a priority and acknowledged their creative and effective wellness policies and programs. "More than 500 Wellness by Design Awards have been presented over the past seven years to organizations that put special emphasis on creating and promoting healthy environments," said Hennepin County Commissioner Gail Dorfman. "As a major employer with more than 8,000 employees,Hennepin County has been a strong backer of health promotion opportunities within our organization because like the Wellness By Design winners,we know that fostering a healthy environment is a win—win for our employees and for county government." The Wellness by Design Worksite Awards are presented in four award levels to Hennepin County worksites that demonstrate accomplishments in these areas: • Management support —More- Wellness by Design/2 • Wellness infrastructure • Assessment and evaluation • Supportive environments • Communication and engagement • Programs and interventions Applications for Wellness by Design Awards are accepted in the spring each year.To apply for an award or to see listings and videos of past winners, visit the Wellness by Design Award website at www.hennepin.us/wellnessbydesign.More information about the award is also available by calling Linda Brandt(Health @Work)at 612-596-1511. - More- • • • Wellness by Design/3 2012 Wellness by Design Award Winners Bronze Awards • ABILITY Network,Inc.,Minneapolis • Amcom Software,Inc.,Eden Prairie • Anchor Bank,Wayzata • Carlson Advisors,LLC,Brooklyn Park • Carl Zeiss Industrial Metrology,LLC,Maple Grove • City of Robbinsdale • Custom Fab Solutions, LLC, Chanhassen • Gluek's Restaurant,Minneapolis • Jewish Family and Children's Service,Minnetonka • Michael Foods,Inc.,Minnetonka • Spanlink Communications,Inc.,Plymouth • StoneArch Creative,Minneapolis • Tealwood Care Centers,Bloomington • • The Nerdery,Bloomington • van Wagenen Financial Services,Inc.,Eden Prairie • The Walman Optical Company,Minneapolis • Welsh,Minnetonka Silver Awards • Allianz, Golden Valley • Amerilab Technologies,Plymouth • Arizant Healthcare,Inc.—A 3M Company,Eden Prairie • Augsburg Fortress,Minneapolis • Center for Diagnostic Imaging, St.Louis Park • CenterPoint Energy,Minneapolis • City of Brooklyn Center • City of Richfield • Culligan Soft Water Service Company,Minnetonka • David Martin Agency, Inc.,Edina • Diversified Plastics, Inc.,Brooklyn Park • Great Northern Corporation—Twin Cities,Brooklyn Park • HealthSource Solutions,Minnetonka — More— • Wellness by Design/4 SilverAwards continued • Kraus-Anderson,Minneapolis • Marquette Real Estate Group,Bloomington • Metropolitan Airports Commission,Minneapolis • Minneapolis Heart Institute Foundation,Minneapolis • MLT Vacations,Edina • PDI Ninth House,Minneapolis • PreferredOne, Golden Valley • Ritchie Engineering Company,Inc.,Bloomington • Rockler Companies Inc., Medina • VAA,LLC (Van Sickle,Allen),Plymouth Gold Awards • Aspen Equipment Co.,Bloomington • Austin Mutual Insurance Company, Maple Grove • City of Eden Prairie • City of Maple Grove • City of New Hope • City of St.Louis Park • Conwed Plastics,Minneapolis • Gallagher Benefit Services, Inc.,Bloomington • General Mills—ITQ and Engineering Divisions,Golden Valley • Graco Inc.,Minneapolis • Great Clips Inc.,Edina • Hennepin County Medical Center,Minneapolis • Minneapolis VA Health Care System,Minneapolis • Mortenson Construction,Minneapolis • Olson,Minneapolis • Park Nicollet Health Services, St.Louis Park • Polaris Industries,Medina • ProMed Molded Products,Inc.,Plymouth • SFM Mutual Insurance Company,Bloomington • SJE—Rhombus,New Hope • Village Automotive Group, Wayzata — More— • • Wellness by Design/5 Platinum Awards • Allina Hospitals and Clinics,Minneapolis • Associated Financial Group,Minnetonka • Bepex International,LLC,Minneapolis • Cargill,Hopkins • CIGNA, Eden Prairie • City of Minnetonka • Cobb Strecker Dunphy&Zimmermann,Minneapolis • Data Recognition Corporation,Maple Grove • Duke Realty Corporation, St.Louis Park • Greatbatch Medical,Plymouth • HealthPartners,Bloomington • Hennepin County,Minneapolis • Mall of America,Bloomington • North Memorial Medical Center,Robbinsdale • RJF, a Marsh&McLennan Agency LLC Company,Brooklyn Park • • TURCK Inc., Plymouth • UCare,Minneapolis —30— Lookfor more news on the Hennepin County website: www.hennepin.us. • City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM • DATE: July 23, 2012 TO: Curt Boganey, City Manager 'r FROM: Vickie SchleuninglAssistant City Manager/Director of Building&Community Standards SUBJECT: League of Minnesota Cities City of Excellence Award for Performance-Based Rental Program Recommendation: It is recommended that the City Council receive the League of Minnesota Cities City of Excellence Award. We were selected as an award recipient and received the award on June 21, 2012. Background: The City received the City of Excellence Award from the League of Minnesota Cities in the general category for cities with a population of 20,000 or more for the performance-based rental program. The award included a monetary prize of$1,000.00. The new performance-based rental program was implemented in April 2010. Brooklyn Center's new rental program was chosen based on the following criteria: • • Improved the quality of a city service • Developed an effective or innovative way to solve an old or common problem. • Found a way to save the city money and achieve the same or better results • Creatively involved citizens or other city staff in making a decision As part of the program development, extensive research was conducted that involved many departments in the city as well as the City Council, Housing Commission,housing associations, landlords, residents and other parties. The ongoing implementation of the program continues to be a cooperative city-community effort;primarily executed by Administration,Building& Community Standards, and the Police Department. The program will likely continue to evolve as community needs change and other tools become available. A complete copy of the award entry is attached. More information about the award recipients can be found on the League of Minnesota Cities' website at http://www.Imc.org/pa%ze/l/coewinnersl2.jsR. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will improve the city's image • Ongoing: - We will provide streamlined, cost effective, quality services with limited resources Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust 0 mmw�ww ire CITY OF EXCELLENCE AWARDS Please submit the following information for each entry. Name of city:City of Brooklyn Center Name of your nominated project or program: Performance Based Rental Program Contact person: Curt Boganey Title: City Manager Phone number: 763.569.3300 Email address:cboganey @ci.brooklyn-center.mn.us In which category are you submitting your entry? ■ General Entry Award ■ Topical Award (check one population category): ❑ Maintaining and Improving City Infrastructure ❑ 4,999 and under OR ❑ 5,000 to 19,999 ❑ ✓ 20,000 or more i 1) On a separate page,in 2S0 words or less,please provide a brief program/project description(to Include budget, time frame,goals,collaborations,etc.). 2) Entries In both the General Entry Award and Topical Award categories will be evaluated in terms of project/program structure, project/program goals and results,project/program strengths and weaknesses,and applicability to other cities as a bestpractice. ■ For General Award Entries On a separate page,in 600 words or less,please describe howyour city's project/program has accomplished one or more of the following: a. Improved the Quality of a city service. b. Developed an effective or innovative way to solve an old or common problem. c. Modified a program from another community or organization to fityour needs. d. Found a way to saveyour city money and achieve the same or better results. e. Creatively involved citizens or other city staff in making a decision. ■ For Topical Award Entries Public works and infrastructure may not seem exciting,but when something goes wrong,everyone noticesl From keeping drink- ing water clean and roads safe to the construction and maintenance of wastewater plants and other facilities,city public works projects are essential to maintain the Quality of lifeyour residents expect.And in these times of tight budgets,it is more of a challenge than ever to get these projects done.Doesyour city have a public works/infrastructure project—large or small—that It is proud of?Didyou find a creative way to fund an Important project?Was the project related to streets,bridges,buildings, public transit,solid waste,pedestrian walkways,water,or something else?On a separate page,in 600 words or less,describe the project,why it was needed,and how the city accomplished it,highlighting any uniQue features or ways of funding it.Please Include any available evaluative data(see"Evaluation"section of the Entry Rules page). 3) Entries may include supporting documents(e.g.,reports,proposals,photos,brochures,maps,newsletters,newspaper clippings,charts or graphs,printed website pages,advertisements,or marketing pieces).Submitting entries on no more than 20 sheets of single-sided paper is helpful to our judging panel.lfyou choose to submityour packet in a binder,please use binders that are no more than one inch thick. I 4) Each entry should consist of two complete sets of information,submitted in separate packets or binders. Please note that,by submittingyour entry,you are granting the League approval to uaeyour entry for promotional purposes. Send completed entries postmarked by May 11,2012,to: f City of Excellence Awards Attn:Claudia Hoffacicer Web Content&Publications Manager League of Minnesota Cities 145 University Avenue West St.Paid,MN SS 103-2044 i i 1 • City of Brooklyn Center General Award Entry- Performance Based Rental Program League of Minnesota Cities- 2012 City of Excellence Awards March 11, 2012 1) Program Description The City of Brooklyn Center has been licensing and inspecting rental properties since 1975. However,since 2007,the city needed to re-evaluate the rental program and current staffing levels in order to address a substantial increase in the number of licensed rental properties, increase in demand for police and property code services, and increase in complaints about rental properties. Without a different approach to the rental program, a significant increase in city resources and funding would have been required.Therefore, in April of 2010 after a year of extensive research, the City of Brooklyn Center launched a new performance based rental license program. The rental license program consists of a four-tiered license category system,with various conditions applied to each category. The rental license category is primarily determined by the condition of the property during the initial rental license inspection and may be affected by excessive validated nuisance/disorderly police service calls. Some license conditions include phases of the Crime Free Housing Program,attendance at educational meetings, completion of action/mitigation plans,and • submission of monthly updates. The primarily goal of the program is to ensure rental properties are well-maintained and managed so they are positive assets to the community.The program was phased in over two years as the existing two-year licenses were renewed.Although licensed rental properties increased approximately 45%from 459 in 2007 to 665 in 2011,the budget for administering the rental program increased slightly during the same time period. The research,development and implementation of the rental program was a collaborated effort involving numerous parties including the City council,City Manager,City Commissions,employees from multiple City departments, landlords, professional rental housing organizations, and residents.The process was detailed and inclusive. 2) Program Accomplishments The performance-based rental program is a sophisticated program that has required the City staff to perform at a higher level,as well as the landlords, local agents and tenants. The quality of city services has been improved: • Public education and communication has improved. The program is more complex and therefore requires more verbal and written communication.Several public education documents were created for the new program to explain maintenance codes, landlord- 0 Page 1 of 3 tenant responsibilities, and other rental property topics. Information is available in hard- copy and on the enhanced city website. • A team approach and careful coordination is required among the city departments, landlords,and city leadership. Each property is reviewed by Administration, Building& Community Standards,and the Police Department before a license is issued. The landlords and/or their local agents must work with the city departments to develop Action Plans or Mitigation Plans. The City Council provides final approval for a Type IV Provisional License.City staff work with landlords to complete the conditions of the license so they can qualify for a higher license category the next renewal. Ongoing communication occurs as part of the monitoring process. It is an intensive,cooperative effort. • IT/IS systems have been developed or improved.The program requires a significant amount of tracking regarding the conditions of the properties, public safety concerns and financial obligations to the city. As a result,the city has better data to determine the status of rental properties and any trends. This program provides an effective way to solve a common problem,the public perceptions and real problems often associated with rental properties: The program provides incentives for landlords to proactively manage their property, as well as provides the city with corrective tools to hold landlords and tenants accountable for meeting community standards. Original data analysis in 2008 indicated that single family rental properties and rental properties with one to four units consumed more city services. Police calls were three times higher for rental properties versus owner-occupied properties,and exterior property code violations were almost double for rental properties. • With the implementation of the new program, many landlords have taken efforts to proactively maintain the properties and monitor their tenants'actions,which reduces the need for certain city services related to complaints and enforcement. Based on a random sample of 27%of rental properties during the research stage,the distribution of license types achieved higher categories when actually implemented. For example,83.6 achieved a Type I and Type II license versus the original estimate of 52%. • This program allows a better use of overall city resources by tailoring services for properties based on the needs of each license category type.This focuses attention on achieving specific results.This is a different approach than the one-size fits all approach of the previous rental program. • Better data and education helps address the public perception that all rental properties are undesirable in a community.Well-managed and well-maintained rental properties provide an important housing function. This program provides methods to improve the ' condition of the 16%of the properties through best practices and enforcement. Page 2 of 3 • • The city has received fewer complaints about rental property. • A significant investment and upgrades in rental property has been realized, possibly a result of the higher expectations, improving image,and confidence in making investments. Overall this new program has achieved better results,with a higher number of rental properties, without a significant increase in staffing and other City resources. • Page 3 of 3 • I License 7ypes Crime Free Housing . Licenses will be issued for a time period according to Phase I. For license categories other than Type I,an C1.YoP the license type. License type will be based on property code arid nuisance violations noted during owner,manager, or local agent responsible for the qBRO�OKLY-Ar the initial or renewal license inspection or for a operation of the rental property must complete the y-+ �+�•category verification inspection, along with excessive Phase I training of the Crime Free Housing Program or i.�l'FI�I CENTER validated police service calls occurring over a year. a similar course approved by the City Manager. License categories are performance based Certification as a rental property manager may also and more accurately depict the condition of the satisfy this requirement. Phase I includes the property and the City costs of service. following: Attend an eight-hour crime-free housing course Type 1-3 year presented by police,fire,public housing and Minimum 1 inspection in 3years others. dental Dwelling Phase I Crime Free Housing recommended c Use a written lease including the Minnesota Crime Type 11-2 year Free Housing Lease Addendum. Minimum 1 inspection in 2 years a Check the criminal background of all prospective Licensing Program Phase I Crime Free Housing required tenants and,upon request, provide a copy of Third Type 111-1 year Party Background Check procedures for Tenants. Minimum 1 inspection per year e Actively pursue the eviction of tenants who violate Phases I and II Crime Free Housing required the terms of the lease and/or the Crime Free Action Plan required Lease Addendum. Type IV Provisional-6 months --- Minimum 1 inspection every 6 months Phase 11. Includes Phase I plus the following: Phases I, II,III Crime Free Housing required a Complete a Security Assessment and complete Mitigation Plan required the security improvemerits recommended. This phase will certify that the rental property has met ` ena18'At/Landlord the security requirements for the tenant's safety. - The City of Brooklyn Center encourages good tenant/ ° Attend a minimum of 25 percent of - - landlord relationships. The rights and duties of Owners/Managers Association Meetings. - - - landlords and tenants in Minnesota is described in Phase III. Includes Phases I and II plus the following: the handbook Landlords and Tenants: Rights p 9: and Responsibilities published by the Attorney O For properties with more than four units, conduct General's office. This booklet covers lease resident training annually for the residents where agreements,background checks,screening,security crime watch and crime prevention techniques are deposits,evictions,and other tenantllandlord issues. discussed. 6301 Shingle Creek Parkway Contact the Office of the Attorney General at 651- For properties with more than four units,hold Brooklyn Center, re 55arkwa 99 296-3353 to obtain a copy or visit their website at regular resident meetings. Phone:Brooklyn Center, 9-3300 55430-21 9 www.aq.state.mn.us and click on Publications. . Attend a minimum of 50 percent of Fax:763-00 TTY/Voice Owners/Managers Association Meetings. wwwFax:763-5lyncenter.org Property Managerdow►nefr c Have no City Code violations that were not Coalition resolved in accordance with compliance orders �y29 y10 The City of Brooklyn Center meets bi-monthly with within the past year. ARM(Association for Responsible Management) Minnesota Crime Prevention Association members to discuss pertinent information regarding www.mncoa.net 651-793-1109 owning and managing rental property. Meetings are held in the Council Chambers at City Hall,6301 Visit website or call for training schedule Shingle Creek Parkway. For more information regarding the ARM meetings,call 763-569-3330. - ---- ----� - - ---- -- - - -.._ - __ - _ - - - — ---- License Requirements Application Procedures License Bees Since June 1, 1975,the City of Brooklyn Center has A rental dwelling license application can be obtained at Single Family Dwelling required the licensing of rental property. The purpose is City Hall or by visiting the City's website at $400—Initial License/New Owner to assure that rental housing in the City is decent,safe, www.cityofbrooklyncenter org. $500—Rental Conversion[a single-family dwelling or and sanitary and is so operated and maintained as not to single-family attached dwelling(townhouse,duplex) become a nuisance to the neighborhood or to become an Application Submission converted to a rental property or a registered residential influence that fosters blight and deterioration or creates a e vacant building reoccupied as a rental property] disincentive to reinvestment in the community. A rental dwelling license application is required to be submitted with the appropriate fee to the City Clerk's The operation of rental residential properties is a Office at City Hall. Two Family Dwelling business enterprise that necessitates certain e The application must be filled out completely with $200 per unit responsibilities. Operators are responsible to take such owner name,address, phone number,date of birth, reasonable steps as are necessary to assure that the and agent information,if required. Multiple Family Dwelling citizens of the City who occupy such units may pursue the C A local agent is required if the property owner lives $200—Each Building quiet enjoyment of the normal activities of life in $18—Each Unit surroundings that are safe,secure,and sanitary;free outside of the Twin Cities Metropolitan Service Area. $450—Minimum Base Fee from noise,nuisances,or annoyances;free from ° One time submission of a blank copy of your lease unreasonable fears about safety of persons and security addendum for Crime-Free/Drug-Free Housing. Rental Reinspections of property;and suitable for raising children. 1 to 3 units—$100 Application Review Process 4 or more units—$10D for each common area, plus$50 Do I bleed a License? a Once a complete application and fee are received,a per unit If you own property and let it for occupancy but do not health safety inspection is scheduled for the occupy the property,you must obtain a rental dwelling property. What you should know about license,regardless of compensation or if the property is G Owners of rental property must be current on the Rental Inspection occupied by a relative. property taxes and utility fees at all times. Exceptions: A license is not required under the following C The City Council approves and authorizes the A letter with the time and date of the scheduled inspection circumstances: issuance of rental dwelling licenses only after the will be sent to you after processing the rental application. • A single family dwelling or a dwelling unit in a duplex Compliance Official has determined that all life and If the date or time is not convenient,please call and occupied by the building owner for a minimum of six health safety violations or discrepancies have been reschedule. months per calendar year. corrected and property taxes and utility fees are • Rented rooms within an owner occupied dwelling current. A reinspection fee will be charged for missed inspections. unit. • A residential property owned by a"snowbird"where The Owner or Agent is required to contact the Tenants at the roe Licensed Rental Properties least 24 hours prior to the inspection(State Statute). property rty is rented to another person for a period You can find out if a property is a licensed rental property of less than 120 consecutive days while the owner is by visiting the City's property at The Owner/Agent is required to be at the rental inspection residing out of the State of Minnesota. The owner. for the safety of the City Inspectors. If the Owner/Agent is www._Citycfb[ookly_nceti� te�orq and clicking on Licensed must occupy the property during the remainder of the Rental Properties. a"no show"a reinspection fee will be charged. year. . • Unoccupied dwelling units that have been issued a All animals must be caged during the inspection for the Vacant Building Registration. Qi<AeSt10nS animal's safety, as well as the Inspector. To obtain a rental dwelling license application or for more The Rental Inspection is a maintenance and life safety What Happens If I Don't Get a Rental information on rental licensing,please call the Deputy inspection requiring approximately 20-30 minutes to License? City Clerk,763-569-3308, Monday—Friday,8:00 a.m. complete.An inspection checklist is sent with the letter Owners of a non-licensed rental property may be —4:30 p.m. scheduling the inspection. prosecuted and sentenced to rental penalties, After the inspection,an Inspection Report listing any prosecution charges and fines,and in some cases local repairs needed will be sent to the Owner/Agent. confinement for rental license violation. Rental license Generally,interior repairs are given a 30 day compliance violation is a misdemeanor. date and exterior repairs a 60 day compliance date. City of X-flrooklyh Center- tivww.citygJbrooklyncenter.org 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTY/Voice 711 Fax 763.569.3494 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: 0 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. hlisrion.Ensuring an attractive,dean,safe eonnnanify that enhances the duality of life andpreserres tlnepublic trust Page I of 2 • 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 518B.01, Subd. 2(b)and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act,Minnesota Statutes,Section 518B.01, Subd.2(a). License Number of Units Validated Calls for Disorderly Conduct Category Service&Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 • - M Mission:Ensuring an attractive,clean,sgf,community that enhances the qualifp of l je and preserves the public trust Page 2 of 2 City of XRr0oMy_n C www.cityofbrooklyncewer.org 6301 Shingle Creels Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTY/Voice 7l l Fax 763.569.3494 LICENSE TYPES AND LICENSE PERIOD City Code Section 12-910 Licenses will be issued for a time period according to the License Type. The License Type will be based on compliance with property codes as determined during the licensing health and safety inspection and affected by excessive police service calls for the past year. j DIAGRAM I Licensing Licensing Min.Inspection Crime Free Housing Plans Category Period Frequency Type I 3 year Min. 1 time in 3 years, Phase I Recommended upon request, or as needed as determined by City Type II 2 year Min. 1 time in 2 years, Phase I Required upon request, or as needed i as determined by City Type III 1 year Min. 1 time per year, upon Phase I,II Required Action Plan request, or as needed as Required determined by City Type N 6 months Min. every 6 months, Phase I,II, and III Mitigation Provisional upon request, or as needed Required Plan as determined by City, or Required as otherwise specified by Mitigation Plan New Licenses Properties that have legally not been required to have a rental license due to new construction or a change from owner-occupied to rental will qualify for a Type II License. Properties found operating without a valid rental license from the City or failing to meet City Code requirements or that have been the subject of enforcement actions such as criminal prosecution or civil penalties for violation of this Chapter, will only qualify for a Type III License. See other side for Critne Free Housing Program XBroo4�0!Cevter_ www.cityojbrooklyncenter.org • 6301 Shingle Creek Parkway,Brooklyn Center,Minnesota 55430-2199 Phone 763.569.3300 TTYNoice 7l1 Fax 763.569.3494 CRIME FREE HOUSING PROGRAM City Code Section 12-914 For the purpose of City Code Chapter 12, the Crime Free Housing Program shall mean the nationally recognized program,unless otherwise indicated. The phases of the program include,but are not limited to, the conditions set forth below. 1. Phase I._ For license categories other than Type I, an owner,manager, or local agent responsible for the operation of the rental property must complete the Phase I training of the Crime Free Housing Program or a similar course approved by the City Manager. Certification as a rental property manager may also satisfy this requirement. Phase I includes the following: a. Attend an eight-hour crime-flee housing course presented by police, fire,public housing and others. b. Use a written lease including the Minnesota Crime Free Housing Lease Addendum. C. Check the criminal background of all prospective tenants and,upon request,provide a copy of Third Party Background Check procedures for Tenants. d. Actively pursue the eviction of tenants who violate the terms of the lease and/or the Crime Free Lease Addendum. • 2. Phase II. Includes Phase I plus the following: a. Complete a Security Assessment and complete the security improvements recommended. This phase will certify that the rental property has met the security requirements for the tenant's safety. b. Attend a minimum of 25 percent of Owners/Managers Association Meetings. r 3. Phase III. Includes Phases I and 11 plus the following: , a. For properties with more than four units, conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed. b. For properties with more than four units,hold regular resident meetings. C. Attend a minimum of 50 percent of Owners/Managers Association Meetings. d. Have no City Code violations that were not resolved in accordance with compliance orders within the past year. i Crime Free Housing Program owners/Managers Association Meetings Minnesota Crime Prevention Association Brooklyn Center City Hall lvvww.mncpa.net 651-793-1109 6301 Shingle Creek Parkway Visit website or call for training schedule 10 a.m.2nd Thursday,every other month beginning January Call to confirm dates and times—763-569-3330 See other side for License Types and License Period • • If battery operated systems,maintenance and Occupancy Contacts testing logs required ildin • 150 sq ft of habitable room floor space for Building&Community Standards Electrical/Mechanical/Plumbing first occupant,100 sg it each additional 763-569-3330 occupant Rental Inspections,Code Enforcement Residential ELECTRICAL • Occupied sleeping rooms must have proper Property Maintenance,Vacant Building,Code egress or door openings. Issues,Building Permits • Properly installed service panel Adequate service and outlets,with cover • Basements meet permit construction Police Rental Property • requirements for light,ventilation,egress,etc plates on outlets,switches,and junctions prior to habitation Call 911 • Intact,functional wiring and fixtures Emergencies or for Police Officer Assistance Maintenance • Temporary use extension cords not used in Other General Police Information,CPTED,Crime Free lieu of permanent wiring • Electrical Program ical panel accessible,3 ft clearance 763-569-3333 Checklist MECHANICAL • All areas of dwelling and structures clean, • Permanent heating facility must be properly pest-free and in good condition Licensing installed/maintained,temporary devices not • Electrical,plumbing,and mechanical work in 763-569-3308 rental property requires licensed contractor used as primary heating source Structural alterations require permit Obtain a rental dwelling license application • Heating facilities capable of maintaining • New dwelling units within existing buildings dwelling at 68 degrees F or higher require zoning approval,plan review,and Fire Department • Fuel-burning appliances/equipment must be 76303-3169 connected to approved chimney/flue/vent proper permits prior to habitation Fire Code,Smoke/carbon monoxide alarm info • Service records of heating systems may be • All required smoke alarms for interior required alterations,repairs,or additions must be installed,interconnected,and hard-wired Some code exceptions may apply NEW PLUMBING/GAS depending on the age of structure, • Plumbing installed/maintained to code number of units,remodels or special ➢ i' • Gas flex connectors must be UL or AGA listed LlCense �'.®n0911t1®nS circumstances. Please contact the City if LEASE and approved. • Rental license required for all non-owner you have property code questions. .� • Adequate hot and cold running water to all occupied dwellings sinks/tubs This brochure contains general information • All drains connected to sanitary sewer • Leasing requirements must be met including about property code regulations found • No°S"traps/flexible style waste lines—waste tenant screening,Crime Free Housing Lease primarily in City Code Ch 12 and state law. lines properly installed,vented Addendum • The City's License Categories are Other regulations and requirements may /I • unsupported leaking,defective,obstructed,or un performance based. The maintenance of apply. For more information,visit the City supported pipes or faucets. rental properties determines the license website or City Hall. • Unused gas lines capped category,in addition to excessive validated • Shutoffs provided where required public nuisance police service calls. Form 03110 • Backflow devices provided where required, • License category conditions must be met in including hose bibs and hand-held shower their entirety City of Brooklyn Center heads Failure to maintain properties in compliance 6301 Shingle Creek Parkway ��jy of • Faucets minimum 1"above spill lines, with city codes may result in reinspection Brooklyn Center,MN 55430-2199 BROOKLYN fees,fines,court actions,abatement or Phone:763-569-3300 3 license actions. TTY/Voice 711 CENTER Fax:763-569-3494 www.citvofbrooklyncenter.org i The following information is a guide of PORCH/DECKS Meets zoning code location requirements BATHROOM common property maintenance items.It is In good repair,with guardrails if over 30" • Tub/shower,washbasin,and toilet all not meant to include all code requirements. above grade. Interior repair installed,maintained,and in good Maintaining your rental property in repair with caulking intact and fully functional compliance with property maintenance codes STAIRS/STEPS • Faucets min 1"gap above spill line is key to protecting your investment, • In good repair,evenly spaced and securely WALLS&CEILINGS . Openable window or mechanical venting attracting responsible tenants and being a attached • Clean and In good repair—no holes,water required good neighbor. • Handrails if 4 or more risers damage,or chipping,flaking,chalking,or peeling . Hot and cold running water required from • Snow shoveled at all building exits paint each fixture,and fixtures must not leak • No loose wallpaper • At least one light fixture �1tfL�P E®G YARD FLOORS • Proper grading and ground cover . Clean and In good repair—no holes or trip SLEEPING ROOMS DOORS . Grass and weeds cut regularly hazards • Proper door/egress window to outside,with • Defect-free,functional,and weather-tight • No litter/debris,tires,auto parts,or • Structurally sound clear pathway,windows not blocked • Insect and rodent-proof construction debris in yard HALLWAY/LANDING • Operable smoke alarms,light,ventilation, • Not cracked or broken • Firewood neatly stacked,non-rotting, egress windows,and window treatments Continuous,grippable,securely attached • Egress doors safe,functioning locks disease free precautions hand/guardrails required on open sides of required • Secure frame,with proper hardware GARBAGE&RECYCLING landings/stairways 30in or more above grade • Minimum 70 sq.ft floor space(7'min width) • Multi-family dwelling unit doors comply with . Proper containers with lids closed • Clear pathway with waterproof flooring • Light fixture or outlets available security and fire requirements Proper containment of compost WINDOWS FIRE PROTECTION EXTERIOR WALLS • Trash/garbage not overflowing • Good condition,no broken or cracked glass . Clear,safe distance of paint,boxes,rags,or • Weathe-tight siding,no deterioration • Refrigerators/freezers for removal have • Easily openable,screens provided and in good other combustible materials from gas-fired • Soffit and fascia in good repair doors taken off or secured repair appliances • House numbers at least 4 inches high of • Trash placed behind front setback except • Locks required where accessible . Path of egress not blocked by debris, contrasting color,visible from roadway night before and day of pickup • Frame not cracked,peeling or deteriorated storage,trash,snow/ice,etc. PAINT VEHICLE REGULATIONS DOORS • Continuous graspable handrails in all• No peeling,chipping,chalking,or • No abandoned,unlicensed,or inoperable or • Interior doors operational and good condition. stairways,and floor covering secure deteriorated paint commercial vehicles parked/stored on KITCHEN Fire extinguisher provided and serviced where required • Wood surface weather-protected property • Either ceiling fixture&2 separate remote outlets . Fire rated doors provided where required, FOUNDATION • Vehicles parked on approved parking or 3 separate remote outlets such as attached garages surfaces in approved locations . Hot(120 degrees)and cold running water • Structurally sound,properly graded,and free . Car repairs(except for minor ones by • Kitchen sink connected to sanitary sewer,with SMOKE AND CARBON MONOXIDE ALARMS of holes/gaps owner)prohibited on property functioning obstruction-free drains All smoke alarms installed per manufacturer's ROOF • Cabinets in good repair instructions,with working batteries and • Structurally sound,good condition,leak-free; ACC @SS®By StPUCtUf'S • Appliances in good working condition/ as functional connections.Hard-wired ones shingles and flashing good condition appliances connected w/approved fittings and properly installed GARAGES connectors • At least one located on each level for GUTTERS/DOWNSPOUTS(if existing) • In good repair and weather-protected • Stove,refrigerator and other appliances clean, habitable spaces • Good condition,no obstructions,securely operable and in good repair,including gaskets • Smoke alarms in sleeping rooms Secured with lock(s),not open to trespass 9 P 9 9 attached to drain water away from structure . No broken windows • Food preparation and cooking surfaces durable, • All smoke alarms listed and installed CHIMNEY nonabsorbent,washable,and maintained according to NFPA72 • Brick/block/stone,mortar,and flue liner in FENCES • Kitchen may not be used for sleeping • Carbon monoxide alarms within 10 feet of good repair Well-maintained and weather-protected each sleeping room,some exceptions for multi-housing units. - ............ .........---- _ .. - -- Brooklyn Center,MN-Official Website-Association for Responsible Management Page 1 of 2 Site BROOKLYN CENTER MINNESOTA TOOLS A GREAT PLACE TO START, A GREAT PLACE TO STAY 1 HOW DO P !Your city local around doing I WANIT TO: GOVERNMENT SERVICES FACILITIES THE COMMUNITY BUSINESS LINffi... You are here:Home>Your Government>Departments>Building&Community Standards>Rental Program>Association for Responsible Management E aE Search ,«' Association for Responsible Management Notify the City Mission Statement Report Concern,Feedback By the coordination of efforts of the city and property managers of Brooklyn Center,the Association for Responsible Management(ARM)will strive Be Notified to foster a cohesive and respectful community for all by promoting clean,safe,and attractive rental properties that are valued and appreciated by Sign Up for Updates&Alerts owners,tenants,and neighbors. Document Centex Vision Council,City Code,Newsletter It is the vision of the ARM that all Brooklyn Center residents will enjoy a healthy,safe,and beautiful living environment.Renters of all income levels will have access to the highest-quality rental properties possible.Homeowners,tenants,and property managers are mutually respectful, Permits&Inspections involved in the improvement of the city's image and enjoy a vibrant,welcoming community.Property managers practice good business tactics, ePermits,Applications,Handouts and are rewarded with quality tenants. Real Estate Locator Objectives Commercial Land,Homes • Act as a networking resource for property managers Frequently Asked • Educate and inform property managers about current city initiatives Find Your Answers Here a Improve the safety and quality of all rental properties in the city to improve and maintain the city's image with citizens and neighbors Employment • Increase ARM meeting awareness and attendance Find Current Job Openings • Promote resources for property managers and tenants • Provide more accessible dialogue between government,residents,and property managers • Solicit workshop/meeting feedback from attendants to increase meeting effectiveness ARM Meeting Dates,Newsletters,and Meeting Materials ARM meetings are held the second Thursday of every other month(starting in January)from 10:00 AM to 11:00 AM.ARM meetings take place in the City Hall Council Chambers,located at 6301 Shingle Creek Parkway,Brooklyn Center,MN 55430. . January 13,2011 Newsletter • March 10,2011 Newsletter • May 12,2011 Newsletter • July 14,2011 Newsletter • September 8,2011 Newsletter • November 10,2011 Newsletter www.ci.brooklyn-center.mn.us/index.aspx?nid=234 5111 _ - - II • (Revised 05-11-12) City of Brooklyn Center ARM Newsletter 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 ! (Association for Responsible Management) 763-569-3330 www.Cityofbrooklyncenter.org Fulfilling the Need for Quality Housing j I i Meeting D . 1 2012 at 10 i I Meeting Topic *2012*x Luke Linroth from 24 Restore will be the presenter at the May ARM Meeting. 24 APM Meeting Dates Restore has been in business since 1994 and is certified by the Institute of Inspection Cleaning and Restoration and is a certified Building contractor. Summer weather can be stormy in Minnesota. Mr. Linroth will be talking about some steps to take regarding mold remediation, identification of mold, and storm damage restoration. ARM Meetings are held the Proper and timely management of a storm damage project will reduce safety hazards, second Thursday of the save time and save money. month(every other month) starting in January. Rental Licensing Program Update Brooklyn Center City Hall The purpose of the rental licensing program is to maintain the city's rental housing in City Council Chambers • a safe and attractive manner, so they are assets to the community.As part of the 6301 Shingle Creek Pkwy Rental Housing Improvement Strategy and after extensive research and analysis, in 10:00 a.m. April 2010 a new performance based rental license program was implemented that made property owners accountable for the ongoing management and maintenance of their rental properties. In addition,tenants are more accountable for their behavior. The program provides incentives for properties that are well managed and well May 10 maintained. Many landlords have an increased awareness of ongoing property maintenance July 12 and proper management. Based on existing conditions of rental properties during the initial research, it was estimated that—48%of rental properties would be a September 13 Type III or IV. For 2011, 14%of properties were a Type III or IV indicating a significant improvement in property conditions found during the initial rental November S licensing inspection. s Many landlords are taking more time preparing their property for the inspections and monitoring their properties on an ongoing basis as indicated by the higher percentage of Type I and II Rental Licenses. Thank you for your ongoing efforts to keep your properties in top condition. 2011 Rental Property license Type IV-4 Breakdown Mor th%20, I��i-rl ilylay(o)il��-�sftall�f'trt7iF lCcv--Ii 1hy e% Type IN-1 Year,48, Type l-3 License Category 2010 2011 log Year,194, vour rental license is a T)Te III 42Y or Type IV,please remember that Type I—3 Year 72 194 • you or i• Type II—2 Year 77 208 attend at least two AR-�J ineetmgs Type III—1 Year 27 48 before the expiration of Type IV—6 Months 13 20 City of Brooklyn Center ARM Newsletter 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 (Association for Responsible Management) 763-569-3330 Fulfilling the Need for Quality Housing www.cityofbrooklyncenter.org D .te: March 8, 2012 at 10 Meeting Topic— Drugs *x2012** What to ]Look for and When to Report Illegal Drug Activity ARM Meeting Dates Detective Terry Olson will be discussing drugs and drug issues as they relate to rental properties. Detective Olson was assigned to the Anoka Hennepin Drug Task Force and brings extensive knowledge on what property owners and managers ARM Meetings are held the should look for when it comes to drugs and drug related activity. He will also second Thursday of the discuss how to identify drugs and drug paraphernalia. month(every other month) starting in January. liealthy Tenant, Happy Tenant Brooklyn Center City Hall " Mr.Jim Glasoe,Director of Community,Activities, City Council Chambers Recreation&Services will discuss some of the recreation programs offered at the 6301 Shingle Creek Pkwy Brooklyn Center Community Center for youth,adults and seniors.Please bring ideas 10:00 a.m. • or suggestions about ways you think programs can be designed to encourage greater participation by your tenants. January 12 Tenant & Landlord Responsibilities March 8 The responsibilities that go along with being a landlord and a tenant are governed not only by the State,but also by local ordinances.The Minnesota Attorney General's May 10 Office publishes a handbook titled "Landlords and Tenants:Rights and Responsibilities,"that outlines the expectations spelled out by State Statutes.The July 12 handbook is available at no cost and can be obtained by calling the Minnesota State Attorney General's Office at(651)296-3353 or 1 (800)657-3787(TDD 1-800-366- September 13 4812)or by visiting wN w.ag.state.mn.us. Copies are also available at City Hall. Although tenants have an obligation to help keep a rental properly in compliance November 8 with community standards,the owner is also liable for any violations.It is ultimately the landlord's responsibility to ensure safe and sanitary living conditions within the rental property.This includes owner-occupied portions of the rental property as well as public/shared areas in buildings with hvo or more units.Both landlords and tenants are responsible for the prevention of insect and rodent infestation as well as any necessary extermination. Landlords and tenants should choose each other wisely. Conduct on Rental Property If your rental license is a Type III The landlord is responsible for the overall conduct of their tenants.Landlords are or Type IV,please remember that notified of complaints of loud parties or disorderly conduct that result in police action.Landlords are expected to manage their tenants when these events occur. you or your representative Must attend at least two ARNI ineetings Subsequent problems may result in the rental license being suspended or a lower before the expira6on of die license category designation. i • 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 fellable form oil City website. Section A—Property Information Property Address: Owner Name: Local Agent: Owner Address: Agent Address: Owner Phone: Agent Phone: Owner Email: Agent Email: Rental License: ❑ New ❑ Renewal: Current License Expiration Date: *Pending Type IV License Exp. Date: (Six months •om current license expiration) Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, • a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing 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 B—Required Documents Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include (� scheduled date in Section C. F_J 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum ❑ 3. Submit written report by 10`x'of each month(after license approval). Section C—Crime Free Housing Program Requirements e I I'll 1. Use written lease including Crime Free Housing Lease Addendum. ❑ 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. • Page 1 Type IV Mitigation Plan Rev 11-16-11 I i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 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 I�I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: & Do these two meeting dates occur before the *Pending Type IV License expiration date? ❑Yes ❑No (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D L Lon Term Ca itai Improvements Plan 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 con•ections. Estimated i Date Last Replaced Replacement Date Furnace/AC- Water Heater- Kitchen Appliances- Laundry Appliances- Exterior -Paint/Siding,fascia,trim -Windows -Roof -Fence -Shed -Garage -Driveway -Sidewalks Smoke Alarms&Carbon Monoxide Alarms Other s Section.E--$te s to Im rove Management and Con' of Property- Implementing the following best practices may assist in the management of your property. By checking the Gores below,you agree to: 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 • 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. 0 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 8. 1 am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 0 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10`"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. • 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 (f applicable) Date For City Use--Mitigation Plan Approved By: Police Department/Title Date Building&Community Standards Department/Title Date • Page 3 Type IV Mitigation Plan Rev 11-16-11 i i City of Brooklyn Center Phone:763-569-3300 6301 Shingle Creek Parkway TTY/voice 711 f Brooklyn Center,MN 55430-2199 Fax:763-569-3494 r-vcvti�cityofbl ooklyncenter.oig Rental License Action Plan (Type III License) Handwritten plans will not be accepted. Please type or use fllable form on City website. Property Address: Owner Name: Local Agent: Owner Address: Agent Address: i Owner Phone: Agent Phone: Owner Email: Agent Email: The above referenced property qualifies for a Type III Rental License. An Action Plan must be completed and reviewed by City staff An Action Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. Section A—Required Documents Submit the following documents with the Action Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section B. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum. Section B—Crime Free Housing Program Requirements Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Date Course Scheduled: i Phase II I will attend a minimum of 25%of the ARM meetings(two). I will attend the ARM meetings scheduled for: & Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Improvements to be completed by: Page 1 Type III Action Plan 4-11 i I Section C—Long Term Capital Im -ovements Plan Date Last Replaced Future Replacement Date Furnace/AC Water Heater Kitchen Appliances Laundry Appliances Exterior -Paint/Siding -Windows -Roof -Fence -Shed -Garage =Driveway -Sidewalks Smoke Alarms&Carbon Monoxide Alarms Other: Section D.—Ste s.to.hn rove Management 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: • Check in with tenants every 30 days. �] Drive by property to check for violations. Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service company: I am and will remain current on payment of all utility fees,taxes,assessments,fines, penalties,and other financial claims due to the City. Other: Please attach additional information if necessary. If the Type III Rental License is approved by the City Council,the Licensee must comply with the approved Action Plan and all applicable city codes. An Action Plan may be requested outside of the license review process to establish a plan for long term property management solutions. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Action Plan,enforcement actions such as citation,formal complaint or license review may result. • Page 2 Type III Action Plan 4-11 Owner or Agent Name and Title(Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title(Please Print) (f applicable) Additional Owner or Agent Signature (if applicable) Date Police Department/Title Date Building&Community Standards Department/Title Date I Page 3 Type III Action Plan 4-11 ! Communi Connection . Another Brooklyn Center Apartment Complex Undergoes Major Renovation I In February 2012,the new owner of Granite Peaks - Apartments(former Brookhaven Apartments)received approval from the City Council to obtain a rental license j building by building based on an extensive renovation I •- I plan. The 54-unit apartment complex located near the 1 corner of Brooklyn Boulevard and 65th Ave N received many updates including granite countertops,stainless • r w steel appliances,wood laminate flooring,security updates and more. According to Chris Kohler,Skyline Real Estate Services,"More than$540,000 has been invested in the property,with the majority of work completed in a fast forty-one days." Of the thirty-five vacant units, Granite Peaks is located in a quiet Brooklyn Center eleven were rented the first week after license approval. neighborhood with easy access to 1-694 and Hwy 100, approximately ten minutes from downtown Minneapolis. Prior to the new ownership,the property had a variety of problems ending with a mortgage foreclosure. On information,contact Granite Peaks Apartments at December 23,2011,Granite Peaks LLC owner Jim (763)533-5404. Soderberg purchased the property and implemented an • aggressive renovation plan.Since purchasing the This is the second apartment complex in Brooklyn property,the new owners have been extensively Center in the past eighteen months to undergo major F remodeling the apartment complex with exterior updates renovation under new ownership.Gateway Commons planned in spring. The rental license for the last Apartments,former Center Pointe Apartments, renovated building was approved by the City Council on underwent a$3.5 million renovation in fall of 2010. In March 12,2012. March 2012,Mindy Mazzuco,Property Manager of Gateway Commons,stated only two of the 252 units Granite Peaks is featured on the City website as the were vacant and in the process of being prepared for March City Business Video. The one minute video can renting.They receive more applicants than can be be found on the homepage under CENTERSpotlight accommodated.The updated units;clubhouse featuring i T/iewAll at www.citvoEbrooklyncenter org. For rental pools,party room and workout facilities;and security I— features attract good tenants. For rental information, contact Gateway Commons Apartments at j (763) 561-9072. Prior to new ownership and renovation of these two t apartment complexes,the City was working on ^ffti�,;�w .MIIF property maintenance and police nuisance concerns. u� The City Council had taken license actions. Eventually both properties were foreclosed.Since the new ownership and renovations,the properties have been well-maintained and well-managed. Modern floors,cabinets,appliances and colors mark the Welcome to our new owners and residents! renovations at Granite Peaks Apartments. City Council Agenda Item. No. 7c COUNCIL ITEM MEMORANDUM DATE: July 17, 2012 TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief Qe SUBJECT: Acceptance of 2012 Brooklyn Center Rotary Club Donation Recommendation: It is recommended that the City Council recognizes by resolution the acceptance of a charitable contribution of $1,000.00 from the Brooklyn Center Rotary Club that will go towards the purchase of a Thermal Imaging Camera for the Brooklyn Center Fire Department Background: The Brooklyn Center Fire Department continues to seek funding to purchase an additional • thermal imaging camera. A thermal imaging camera is a type of camera used in firefighting. Such cameras allow firefighters to see areas of heat through smoke, darkness,or heat-permeable barriers. These cameras are also used to locate victims, including firefighters who are lost or trapped in low visibility environments. On June 26,2011, the Brooklyn Center Rotary Club donated $1,000.00 to the Brooklyn Center Fire Department towards the purchase of a Thermal Imaging Camera Budget Issues: There are no budget issues to consider. Council Goals: 1. We will ensure a safe and secure community Mission.Ensuring an attractive,clean,safe,inclusive conanuanity that enhances the quality of life for all people anti preserves the public trust Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR A DONATION OF $1,000 FROM THE BROOKLYN CENTER ROTARY CLUB TO BE USED TOWARDS THE PURCHASE OF A THERMAL IMAGING CAMERA WHEREAS, Brooklyn Center Rotary has offered financial assistance in the form of a donation; and WHEREAS, Brooklyn Center Rotary selected .the Brooklyn Center Fire Department to receive a $1,000.00 donation to be used towards the purchase a Thermal Imaging Camera; and WHEREAS, the camera in crucial for locating persons or objects in a smoke fill environment; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Rotary in making this funding possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges this donation with gratitude. July 23,2012 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. 8a COUNCIL ITEM MEMORANDUM DATE: 16 July 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet,Director of FinZd SUBJECT: Ordinance Amending Mayor ' y C ouncil Salaries for the 2013 and 2014 Fiscal Years Recommendation: It is recommended that the City Council consider adopting the second reading of an ordinance increasing salaries for the Mayor and City Council by 3.0%for 2013 and 3.0%for 2014. Background: Every two years the Financial Commission is required by the City Council Code of Policies to review the salaries for the Mayor and City Council and recommend any changes that may seem appropriate. The goal for setting salaries for the Mayor and City Council has been to assure that the salaries are at or above the median for a specified group of comparison cities. The data on comparison with those cities for the years 2009 through 2012 is attached. The Financial Commission met on Thursday, 17 May 2012 to review the attached information and make their recommendation. Following discussion the Commission unanimously recommended that • the Mayor and City Council receive increases in wage for 2013 and 2014. Wages are recommended to increase 3.0%each year. The Commission cited the four year freeze of Council wages from 2009 through 2012 as one of the reasons that an increase is "overdue and justified." Relative position in the 10 city comparison of mayor and city council wages was also cited as well as the reasonable level of compensation for the duties, responsibilities, and costs incurred by the Mayor and City Council members. The attached ordinance was adopted on its first reading on June 25, 2012. Subsequent to that adoption, notice of a public hearing on the ordinance was published in the Sun Post newspaper as required by law on July 5, 2012. The notice was for a public hearing on the proposed ordinance increasing Mayor and City Council wages to be held on Monday, July 23, 2012 in the Council Chambers at City Hall. Following input from the public and any additional discussion that the Council may wish to have, it is requested that the Council vote on the new ordinance establishing 2013 and 2014 salaries. Minnesota Statutes require that such an ordinance be adopted prior.to a general election and be effective following that election. This ordinance will be adopted prior to.the November 6, 2012 general election and will be in effect at January 1, 2013. Budget Issues: Under the proposed ordinance wage costs for the Mayor and City Council will increase by a total of $ 1,361 for 2013 and $ 1,402 for 2014. Ongoing: . 1. We will provide streamlined,cost effective, quality services with limited resources Mission:Ensuring an attractive,clean,safe,inclusive comnuuzity that enhances the quality of life for all people and preserves the public trust www.MinnLocal.com City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hear- ing will be held on the rd day of July . 2012 at 7 p.m.or as soon thereafter as �■ �� the matter may be heard at the City Hall, w IM p 6301 Shingle Creek Parkway,to consid- er An Ordinance Amending Ordnance AFFIDAVIT OF PUBLICATION oor�2010-12 Regarding council salaries STATE OF MINNESOTA ) Auxiliary aids for persons with disabilities are available upon request at least 96 )SS. hours in advance. Please contact the COUNTY OF HENNEPIN ) City Clerk at 763-569-3300 to make arrangements. Richard Hendrickson, being duly sworn on ORDINANCE NO an oath,states or affirms that he is the Chief AN ORDINANCE AMENDING ORDI- NANCE Officer of the newspaper(s)known NO. 2010-12 REGARDING COUNCIL SALARIES FOR 2013-2014 as THE CITY COUNCIL OF THE CITY OF Brooklyn Park, Brooklyn Center Sun-Post BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordi- nance No.2010-12 which amended the and has full knowledge of the facts stated amount of the annual compensation to below: be paid to the Maor and Council Mem- bers to become e (A)The newspaper has complied with all of 2011,is hereby nded.e January 1, the requirements constituting qualifca- Section 2.Effective January 1,2Q13,the tion as a qualified newspaper as provid- annual Salary for the Mayor shall be ed by Minn. Stat.§331A.02, §331A.07, $11.501 and the annual salary for Coun- cil Members shall be$8.805. and other applicable laws as amended, section 3.Effective January 1,2014•the (B)The printed public notice that is attached annual salary for the Mayor shall be was published in said newspaper(s) $11.846 andtheannualsalaryforCoun- cil Members shall be 9 070 once each week,for one SUCCeSSIVe section 4. This ordinance shall be ef- week(s);it was first published on Thurs- fective after adoption and thirty days foI- day,the 5 day of_ July l lowing its legal publication. 2012, and was thereafter printed and Adopted this-day of_,2012. published on every Thursday to and in- Mayor cluding Thursday, the day of ATTEST: 2012;and printed City Clerk • below is a copy of the lower case alpha- Date of Publication bet from A to Z, both inclusive,which is Effective Date hereby acknowledged as being the size and kind of type used in the composition (�ind indicates new matter)deleted, and publication of the notice: (Jul:5,2012)Pi-CouncilSalaries edef - Imnopgrstuvwxyz BY:� CFO Subscribed and sworn to or affirmed before me on this 5 day of July ,2012. Notary Public F JULIA 1. HELKENN - NOTARYPi1EIIG-MINNESOTA Icy Comm.Exp.Jan.31,2015 • • Current 3% 3% Compensation Increase 2013 Increase 2014 Mayor $ 11,166 $ 11,501 $ 11,846 Council Member $ 8,549 $ 81805 $ 9,070 Total Cost $ 45,362 $ 46,723 $ 48,125 Difference Year $ 1,361 $ 1,402 Total Difference $ 2,763 415.11,2009 Minnesota Statutes Page 1 of 1 Minnesota Statutes • L I SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second; third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34; 2009 c 152 s 17 https://www.revisor.mn.gov/statutes/?year=2009&id=415.11 8/18/2010 SECTION II—GENERAL POLICIES City Council Code of Policies • 2.45 Policy and Procedure on Mayor and Council Member Total Compensation _ 1. Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. Z. Policy A. Service on the City Council is a civic obligation and an honor. The total compensation of the. Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However,'the compensation of Brooklyn Center elected officials shall be.fair and equitable in order to attract qualified candidates.for local elective office. B. The propri ety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with- compensation paid to similar officials within the seven county metropolitan area. C. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. D. Compensation set pursuant to this policy,and procedure shall be deemed to be total compensation for elected officials of the City with the exception of expen.G reimbursement which shall be the same as provided all other City employees. 3. Procedure . A. The City Manager shall biennially prepare a compensation,report that contains an analysis of the compensation paid to elected officials of Minneapolis-St. Paul Area Metropolitan cities .having a population -within 10,000 of the City of Brooklyn Center that are generally fully developed {Such.gtouping shall include the cities of Richfield, Roseville, Maplewood,.Fridley, Shoreview, White Bear Lake, Crystal,New Hope, and Golden Valley,in addition to the City of Brooklyn, Center:} •The report shall-compute the average and median amounts paid to Mayors and Council Members• and. correlate survey results to the current compensation of Brooklyn Center elected City officials. The City Manager shall assemble such additional information on compensation of City elected officials as may.be requested to assist the.Commission and Council in their review of elected official's.compensation... B. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. City of Brooklyn Center 08/14/06 Page 207 SECTION II-GENERAL POLICIES City Council Code of Policies C. The Financial Commission shall biennially review the City Manager's • compensation report and discuss possible' budgetary and' public perception impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in coinpensafion sliall be in effect until January 1, following the next succeeding general election. 4. Authority The authority for establishing compehi ifiori for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter; Section 2.07. .. Reference: City Council Resolution No. 98-91; City Council Minutes 1110194 City of Brooklyn Center 08/14/06 Page 208 City of Brooklyn Center Comparative Mayor and Council Wages Fiscal Years 2009 through 2092 2010 Census 2009 2010 2011 2012 city Population Mayor Council Ma or Council Ma or I Council Mayor I Council Golden Valley 20,371 $ 11,619 $ 8,696 $ 11,619 $ 8,696 $ 11,619 $ 8,696 $. 11,619 $ 8,696 Maplewood 38,018 $ 12,302 $ 10,827 $ 12,302 $ 10,827 $ 12,302 $ 10,827 $ 12,855 $ 11,314 Fridley 27,208 $ 10,531 $ 8,650 $ 10,531 $ 8,650 $ 10,525 $ 8,632 $ 10,525 $ 8,632 Richfield 35,228 $ 9,688 $ 7,520 $ 9,979 $ 7,746 $ 9,979 $ 7,746.- $ 10,179 $ 7,901 New Hope 20,339 $ 10,673 $ 7,552 $ 10,673 $ 7,552 $ 10,673 $ 7,552 $ 10,673 $ 7,552 Roseville 33,660 $ 9,300 $ 7,020 $ 9,300 $ 7,020 $ 9,300 $ 7,020 $ 9,300 $ 7,020 Crystal 22,151 $ 10,308 $ 7,930 $ 10,308 $ 7,930 $ 10,308 $ 7,930 $ 10,411 $ 8,009 White Bear Lake 23,797 $ 7,680 $ 5,400 $ 7,680 $ 5,400 $ 7,680 $ 5,400 $ 7,680 $ 5,400 Brooklyn Center 30,104 $ 11,166 $ 8,549 $ 11,166 $ 8,549 $ 11,166 $ 8,549 $ 11,166 $ 8,549 Shoreview 25,043 $ 8,976 $ 6,648 $ 8,976 $ 6,648 $ 9,060 $ 6,720 $ 9,060 $ 6,720 Average 27,592 $ 10,224 $ 7,879 1 $ 10,253 $ 7,902 $ 10,261 $ 7,907 $ 10,347 $ 7,979 Median - $ 10,420 $ 7,741 $ 10,420 $ 7,838 $ 10,417 $ 7,838 $ 10,468 $ 7,955 Brooklyn Center as a %of Average 109.10% 109.21% 108.50% 108.90% 108.19% 108.82% 108.12%1 107.92% 107.14% Median - 107.16% 110.44% 107.16% 109.07% 107.19% 109.07%1 106.67% 107.47% Notes: Golden Valley: Pays per diem of$ 50 per extra meeting to a maximum of$ 150 per month if claimed. Also provides city-owned laptop computer for Mayor/Council member use New Hope: Pays per diem of$25 per EDA meeting, provides DSL service at residence. Maplewood: Provides computer if requested. Crystal: 2012-first time they have budgeted a stipend for technology of$250 per year per member. Fridley: Council wage is for At-Large member. Ward Council members receive$ 7,654 annually Brooklyn Center: Rolled technology reimbursement into base wage in 2000. 2012councilwagecomp 6/5/2012 CITY OF BROOKLYN CENTER Notice i e s hereby given that a public hearing will be held on the 23rd day of July 2012, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,to consider An Ordinance Amending Ordinance 2010-01 Regarding Council Salaries for 2013- 2014. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2010-12 REGARDING COUNCIL SALARIES FOR 2013-2014. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2010-12 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2011, is hereby amended. Section 2. Effective January 1, 2013, the annual salary for the Mayor shall be $11,501 and the annual salary for Council Members shall be$8,805. • Section 3. Effective January 1, 2014, the annual salary for the Mayor shall be $11,846 and the annual salary for Council Members shall be $9,070. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 92012. Mayor ATTEST: City Clerk Date of Publication Effective Date (S:L-ikeeut indicates matter to be deleted,underline indicates new matter.) Mayor $14,000 $12,000 $10,000 r-, i j $8,000 - - ■2009 ■ 2010 f $6,000 ' —� i� 2011 � � �� � Y � � 102012 i E j $4,000 $2,000 III i White Bear Shoreview Roseville Richfield Crystal Fridley New Hope Brooklyn Golden Maplewood Average Lake Center Valley Council $12,000 $10,000 $8,000 ■2009 $6,000 ■2010 2011 } ■2012 $4,000 - — r. $2,000 — $- White Bear Shoreview Roseville New Hope Richfield Crystal Brooklyn Fridley Golden Maplewood Average Lake Center Valley City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: July 23,2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Plannin g g p and Zoning S ecialist THROUGH: Gary Eitel, Director of Business and Development ' ' SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2012-009 - Submitted RER Acquisitions, LLC, for Preliminary Plat of France Avenue Business Park Addition for the Property Located at 4001 Lakebreeze Avenue North Recommendation: It is recommended that the City Council, following consideration of this planning application ; item, adopt the Resolution regarding the recommended disposition of Planning Application No. 2012-009 - submitted by RER Acquisitions, LLC, for Preliminary Plat of FRANCE AVENUE BUSINESS PARK ADDITION,for the property located at 4001 Lakebreeze Avenue North Background: This plat involves the platting (combining) of two separate parcels into one larger redevelopment iparcel. The two parcels include the 7.4 acre former NW Athletic Club/Lifetime Fitness site and the adjacent 1.3 acre State of Minnesota/MnDOT excess right-of-way parcel. On June 28, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-009 for preliminary plat approval,whereby public comments were received and noted for the record. Attached for review is Planning Commission Resolution No.2012-12, in which the Commission provided a favorable and unanimous recommendation of the preliminary plat of FRANCE AVENUE BUSINESS PARK ADDITION. _Excerpts from the June 28, 2012 Commission meeting minutes are also attached. On July 9, 2012, the Economic Development Authority conducted a public hearing and adopted' EDA Resolution No. 2012-11, which approved the purchase agreement and conveyance of the MnDOT parcel from the City to Real Estate Recycling. The transfer(closing) between the City and RER took place on July 11,2012. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. Mission:Ensuring an attractive,clean,safe,inclusive conununity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-009, SUBMITTED BY RER ACQUISITIONS, LLC, FOR PRELIMINARY PLAT OF FRANCE AVENUE BUSINESS PARK ADDITION FOR THE PROPERTY LOCATED AT 4001 LAKEBREEZE AVENUE NORTH WHEREAS,Planning Commission Application No. 2012-009 submitted by Paul Hyde, President of RER Acquisitions LLC,requesting approval of a Preliminary Plat of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION,which is a replat of two contiguous parcels generally located and addressed as 4001 Lakebreeze Avenue North (Subject Site); and WHEREAS,this plat is requested to combine two separate lots into a single lot for the overall benefit of the new France Avenue Business Center 4 project,to be located on the Subject Site;and WHEREAS,the Planning Commission held a duly called public hearing on June 28, 2012,whereby this item was given full due consideration, a staff report was presented, and a • public hearing was opened to allow for public testimony regarding the preliminary plat of FRANCE AVENUE BUSINESS PARK ADDITION,which were received and noted for the record; and WHEREAS,the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-009,that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 —Platting; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 20120-12, which provides a favorable recommendation to the City Council that Planning Application No.2012-009 as submitted by RER Acquisitions LLC, requesting Preliminary Plat consideration of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION, be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 14 2012 (and those related to the PUD review of March 28, 2012 and Development/Site and Building Plan review of April 20, 2012) shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, • descriptions, and exhibits singed by a licensed surveyor. RESOLUTION NO. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be p rovided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-009 as submitted by RER Acquisitions LLC, requesting Preliminary Plat consideration of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION, is approved subject to the same conditions memorialized herein. • July 23,2012 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. • _ -BREEZ AVE ,7 G i � MnDOT Parcel d.. Former a Northwest Athletic Club i Site N -- 7. r F LAKESIDE r E AVE N _ ., - __'--T2•_, - _ �� _ 700 a 'f'' fr'iS r-F,�:r�f�:.: � S" y• t'. ' ,! - ' - - 100 ` 6 .•#:�4' fli.'" ((�i►� �. . yy — PROPERTY INFO Y " AREA:Northwest Athletic Parcel= 7.4 acres MnDOT(excess)Parcel=1.27 acres ZONING:C-2 Commerce A F �• iY f:a4 ADDRESS: 4001 Lakebreeze Avenue North �•Y PID:11-011-82-13-10-029 J OWNER: LTF Real Estate Company,Inc. 2902 Corporate PI N Chanhassen,MN 55317 0 25 50 100 150 200 Feet PRELIMINARY PLAT OF: FRANCE AVENUE BUSINESS PARK O<ADDITION N ® EXISTING LEGAL DESCRIPTION: aL FuaxSx] me.]mxm GENERAL NOTES. / - w.r tmaz n sa m E "\ Lull a 11 Pk I.T 1.Awe T H myl Comly. u,ae4,m nR n.«n cat i :!I 1(Yen a86.s (r n ~'c n11c 1 r nD x na8947) s /�- --is on. P Z unun 3 Su 1MePrewt 1dnN sae Z X Me0 raP ---- xE B �-%� - N aN etw k 9 evro 1 ­1 of L 1 1 ana T. Nn,]]m34n212F, aetas Sro 2 ID x.58; SEa�ID ApptW:l a T�T(TL( i afametlm.ureuml le TxN A PPa tin ` s ,``., I 1 I �••�; O'eNpF Bak1.Joln oS�-w d AddItW H t P,C LAKES C be 538323&ntl pews0 r �T}1 1 -io -T -.- T H y y, <. -- - l RmenrtlM by Ihs Cmro W D clwolknm ecaMM oa oa .p ew I D ER TWIN LINES 11 LC ( .I \ --------------- "-I I Ne AmeMmaN to Dec�loMbnnof Covenanle aj.d.by ti wbee nwsaP xaa m sae wgwts a 1 1 , % �.. 1' ��1x-_ -_- _ j j� ReNrlclob orMy m Oecumant Number County.M 9,NI In - en e�a'"ia IN In mq:a..eM slam an.w orwwgIN R Ff � -•�'- -` P�xq�T U��o h.l I, I 1 f h I 4�I 1 1 1 1� s(.SIjs�I (he o]RCS of Coun'Y RsorMr.NennepM Cam1Y.MMrlewlo. a r M-- �� Awvecl v evwlr .. ax.w u.e.w.nm.m.lww r.me.e emmam..nha ea Pmww ) •' .... 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REN31ON3 Iee.bN u(s9 Propx,r ratan) RB UDEE W WA� 3 'V T _ - - _ +Y .•L�.t HentmlY Ctl n'athxeN>IY of�h°rmlowNgraeeumea o'xrr Dvtr. mnanro u° /. xw. nun O1iatP - ,� .00 - vcx oac xw s3.wz v°e w%, xgnwy,PP1 I �stcn`e�'vrcASxoeN m 9e�.a Commenety et IM mHhrnN I M LN T In z-p �g s N rth 90 G o mkut 0 as Em4 r s/larys uwe tl P�.re..e neH a eti Ie.T.'`S KK°- t beo.k9 Nino ma nwtn w Eol 1 "KAo r rm to ue Pok,t of R b W sl 1 9 r tlro I t e Eaet133.B)kN Nmmn 85e"'I 4B�Bgrok 42 3,to O6 entls Eoet 100.33 IF ih Ih n alt Pmaef 15tk49..1.b tNd neov0 Ihs wxl °e ioDn teN nu°alsol ' 1:89 A ae"em A.w xa.max -es]i} 5•f ry 1 , , '.7.: 7"" - 1D35 nori^0 ae9 a 08 1 t 20 wemax tnenae n d?tlyrase 23 'nW 23-4,W 1.t,=t to WA oA=th 4Eea nwmm, la rn"b"z n wMm. w:e * .tp' ¢ .� wuY q - ' 1®T1ili'1!' '�YISNbI w•S �/ C• _ ery s 8) t to u.rwi eNa Lct 1 ono in... �m3"-°"se�4wo:lm wr.wee,anx wx a e`:P.bm i o- '. '0 8• -I' � ,•�I s twu"'inkam E-e ,r I 76- TO BE PLATTED AS: y IT.,N� -r- en nl1� Y� �I''/ 1 �\ .\ ^" <oTx 1.111 E AVENUE PARK I nwaer oerlfrr me a unMr my m. R Jam• it Il +" ' / ,d" �.( '1 - , /'Ir! .[ an�i wosamavaan'a�a mat 1 un o only OWNER:1110MAS KELLOGG 11 1 ne ✓ �♦ }P" I •q., .1.. u Lma�u W uneer Ins love •li _ paw nor I I \ (�• + 1 'ae yr aa'<,y . \\.\�\1 s / -)L,� SUBDIVISION SUMMARY: of ue store 01 Ml,meeNa . y� .�pa IN1 1�'.? ,+�y me mlN nu IN, N INe o yawl d 1.Th.ma LOT.°&""E. L I I P , \ \ ' YA''' ` / 1 w.a k 321.496 eww.NN. OWNER:STELLA D.FADE , �1 �o-/ I\Pi t' 1: :/ ``.` I 1 yUw�„•rc 5• s x],rp '3 PROPOSED AREA: �G (E , I 1 \`II 1 ,/1" FY•"- 1 \i' �. 1 1 Tnemel E.Homrx.L' LEGEND LOT 3 L �I\ _i' *�. �\ / e.�'OS'28' sn.w.a LN 1,elwk 1.FRANa AYEM]E Lmn..,to Roy.No.zwn ,p 9 w] 11CH�'j' BUSINESS PARK 4TH AoD1110N mb,32].466 a°'Lora B":Nrl�L J z t i d i -muI-64bi ( ON$NTE .T\ �, �+ l//i L-155.49 aw... Dov -- 6mle'ry"'d 11 eNrk- OWNER:MARKL BURKHIXDE�R� `` I �.m / R�100.00 __ � ��re. ntl TelePnme ^Ny1E��:Y� '� 11 � :IT ' e' I•��+C__-_� �.� `\� ; 1 I �T.1' Aii. id'r \ // -- -O- G a M ,5 Vic-, I {�j•�1 ,( °ucA_ : �y :0' 'i �Y`"��APB < t 1 1 ' •y2r• 's'] NOTES CORRESPONDING TO EASEMENTS PRELIMINARY PLAT __ .- e�nmy semeak Lks L I iii FOR e 5 Eolanb I l._ Mr 1G.�' a t 1 0 So,ft.rym nine 6 St M hN ER-PA A.K ECKER EAST~} _ S a.r minmt'wdNen"w:� M v Mwhan ea nNe °WN®or�`xn anmi.wE'-� 37 ' 10.0-' h,. a9 '� ` •��1 n/h4 Asr^r'a ae u"°':a( z t aroFauiro°rs.aiticxn'1"°�'i« Fob•: tl a. i r- 2.7 „�, `e ate voles -. „� •ut`°EA' ,\ '�+1vA A"" T.ACT =_6'°__�y+' aS° o�`v ir,`,L'"n m:dl x r"n1a°ms o°,"' R L t-nt"A•-- 'S wA �' I \r1}T' L .m]1 s,a w1 d 6 AL ESTATE RECYCLING o Guard Pmt c3 lo- J ; w.,Id� k�►.q- n-e9u I �crM I=--1r - w ».u axon "aw19: S) auawes a,co 8eumwYn"'.xa'k"" "w°xwPma rm:ra«"x e e V. zA axoYN IN EAKIMg Cmtar \y AA - I a 4.� �R, wenaoy sxywseW me xswvx,..1 65.Y]G Exlelk9 SPOI Elewlkn Outtw ` _ } am bpr�,eD 1 7' �e30. 6F 1 ✓/ / J '/^ ' i,� e t a Cm II 1 mM % -1 y Soot E-11- �, .p,,Lmu K xOrt]x 1",b J' `b o.ms (DmmNw k mNae) li'1 /p )d'/r' ' � ,° xTnm.T,>vl SITE: 6]- CoNkmu Tree fDlumNw N.mene.) " YP .tl \ �9 I P /:.P �,y1/ !� 0�( i] emaXM]. 411�a wn-wmeM ,I" E "a n k w Mef')_ ,p 4 y (wa AY /` ryt'kk �b n �^ +c.P P ]ma 1.1: cm .u 4001 LAKEBREEZEAVENUENO. p q,-• -el. I mss` - d 3dp N.vrs s. BP,.««Aa.e3,4s�. u Ssw llx N'LWnp• BR001(LYN CENTER,MINNEeOTA Jt i9 `ra yr 1 I. °411 �t� Nn �� `�1 (A. SITE Pr Wiz' nM ,�q�yy 9y C x«M ` �'"' a n' HENNEPIN COUNTY SITE ADDRESS N 25.47'37-WA-f - £'t'J4L w5lu r=-.5__vY - - 1 !P -,q? � /(c C a s4 .sllowri cwe p w s 'ai°uxY �.tl4°wnV 4001 Eokebree2e Avenue North �^-- _ Brooklyn Center,M-nnesoto 55429 0.67 ---- __ �_3� - -a,x. \• (f. y OWNER KeM�Na n 4 R I E t o t Rb.yflng N�, '� - / /f +.+ • 4, ID/mmlw:wxmen swwwnle. awe.a,e v,.,l:lm CONTACT 4'S tx+�*-p b'`r' ls'x' - /M1w :/'. a OSER `$ ea s3ssxse ] N w venwtl'd.d:tin°°m.o°7mwe a In."' . -+' � �� 6 /' P« a x«aer P-1 Hyd (612)904-1513.E i 10 .{" > by NneMmnlpe�laa�N aWmm�e.Me HARRY S.JOHNSON CO.,JNC. 90 South 7th St met.Suite 4500 ' Blyp e - ,vn W-P.If,Minnesota 554D2 �7d`.tly f i °"ax�laeN n evuML�°`°"°'0emt'"nw LAND SURVEYORS vir �\ ny� STATEMENT OF ENCROACHMENTS: e n� BOB.LymMleAvenuo 11" ��P�/ ) "�. NY wePMY Id�Y IN4(" a PawU&IPaI M e9!�wMnKY Bloemin x // a ®6xemp ual.wtn.wd s eeeus..a Nm-AW APwm "'llena'�ta me�nwwtlw IN Vlwy'areM Eton.MN.55437 SURVEYOR {`]° E // // Lu y "A ptr4iaww p..t m,xooq rwvm""iarwax w De 1.Na Tele.852.8645341 Fa 852.854M44 Harry S John..Co.,Ina / 4'Ee Y 1 ®•P ewem..w Y..wwaar wr�lr ma �rr°rs x 4+.wacit+. N°,m ylo/muLAAkO °M uw.h*bm1 n.eem. CONTACT Ton H dorff(952)884-5341 1' '1"�.` ) / Ywa.w 1, "iwmlMinen Ph we tw a a'm.aeWaa�1''a 9063 Lynd I A-South. .�.FYSY b,A, ,xX w Bloomington.Minnesota 55420 SO 23 O 100 ISO sr to mm n wnw 1-3.6234PP SCALE IN FEET @ m]i « 'cMRO°sue.'iim°"°ww*e „°m]°'nmere xa,n".'mla GT 201124fi.03.. SCALE: 1 INCH-50 FEET °tP a u+a Par,y us swr a swkky i OF 1 • OPUS. LAKE BREEZE AVE.N wuxn+mM t,.'d c.r-0•ro w - - PROPOSED OFFICE vl, I j WAREHOUSE — 7i� I 90MO si.%rROM AREA / REiFm� .mow owmurt � SP GRIPE MGWRS 1 i l 5snlm `k.r. N LEUws (\mLi/ � SIIE PIAN � G.INRFP5/A WLIW�N fl'ik�..M Am xw ,mpsewrw+i'�un.aex.aa. SITE DATA NOTE xamz: c-s.m,x vrt M CvtBTPUL164 ME 'p ����rakuu�i�m GCCIIPMQT C,ASS: wwa wont..a euwc ' SEE ntEA /wK vlvems� aVA a�we���.nan e 8'lIGNE/flFh Urii a urweiE.0�reirtx;s o:J w¢�mv m a Mn+*xa PAPq:Ei flEOUPELff,115: ids sf_1*sw v1 wmam Mwmm w PNIMNG PRG.ttR an'aum ax,s 0. a rtax M EYlOt MGE 2MM LLC FRANCE AVENUE MMV SEMACK xmwnnmars: BUSINESS m CENTER 4 v Enoo:awPFr+tflfl.ml w SITE PLAN PM2YNC 4lflYK aPnnammrs: ' mrainn v�ec cimnrw,rw swn:,w wa sous ,r a i Commissioner Kay Lasman introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2012-11 RESOLUTION APPROVING PURCHASE AGREEMENT AND CONVEYANCE OF CERTAIN PROPERTY TO REAL ESTATE RECYCLING. (MNDOT EXCESS R.O.W.) BE IT RESOLVED by the Board of Commissioners ("Board") of the Economic Development Authority of Brooklyn Center,Minnesota("Authority")as follows: Section 1. Recitals. 1.01. The Authority was heretofore established by the City of Brooklyn Center, Minnesota(the "City")pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"), and is authorized to acquire and convey real property and to undertake certain activities to facilitate the development of real property by private enterprise. 1.02. To facilitate development of certain property in the City, the Authority proposes to enter into a Purchase Agreement (the "Contract") between the Authority and Real Estate Recycling or an`affiliate.(the"Developer"), under which,among other things,the Authority . will convey certain property located in the City at the southwest quadrant of France Avenue and Highway 100 (the "Development Property") to the Developer for use as parking to support an. approximately 90,000 square foot office and warehouse facility. The Development Property was. formerly part of the Denny's site at 3901 Lakebreeze Avenue and is MNDOT excess right of way from the Highway 100 improvement project which abuts 4001 Lakebreeze Avenue on the east lot line. t 1.03. The Authority has on this date conducted a duly noticed public hearing regarding the sale.of the Development Property to Developer,at which all interested persons were given an opportunity to be heard. 1.04. The Authority finds and determines that conveyance-of the Development Property to the Developer is in the public interest and will further the objectives'of its general plan of economic development, because it will provide an opportunity for increased employment opportunities in the,City and serve as an impetus for further development. Section 2.-uthority Approval.Further Proceedings. 2.01. The Board hereby approves the Contract in substantially the form presented to the Board, including conveyance of the Development Property to Developer, subject to modifications that do not alter the substance of the transaction and that are 'approved by the President and Executive Director,provided that execution of the Contract by those officials shall be conclusive evidence of their approval: EDA RESOLUTION NO. 2012-11 2.02.. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Contract as a whole, including without limitation execution of any documents to which the Authority is a parry referenced in or attached to the Contract, and any deed; mortgage or other documents necessary to convey the Development Property to Developer,all as described in the Contract. July 9 2012 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lin Myszkowski and upon vote.being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, and Lin Myszkowski; and the following voted against the same: none; whereupon said resolution.was declared duly passed and adopted. 3 rBR DKL I'TER • Planning Commission Report Application Filed on 05/31/12 Meeting Date: June 28,2012 City Council action should be taken by 07/30/12(60 Days) Application No.2012-009 Applicant: RER Acquisitions, LLC (Paul Hyde) Location: 4001 Lakebreeze Avenue North Request: Preliminary Plat for FRANCE AVENUE BUSINESS PARK 4TH ADDITION INTRODUCTION Paul Hyde, President of RER Acquisitions LLC is seeking Preliminary Plat approval to replat two parcels into one, large single lot for his recently approved France Avenue Business Center 4 project, located at 4001 Lakebreeze Avenue N. A public hearing is scheduled for this item, and notices were mailed to the surrounding property owners. . ANALYSIS France Avenue Business Center 4 was recently approved as a new planned unit development by the City Council on May 14, 2012. As part of this approval, the Developer was required to combine the two parcels included as part of this overall redevelopment project. The larger parcel (Tract 1) is the former Northwest Athletic Club/Lifetime Fitness site, consisting of 7.38 acres. The secondary or smaller parcel is the MnDOT remnant right-of-way parcel (Tract 2), consisting of 1.38 acres. This MnDOT parcel is scheduled to be transferred to the City, whereas the City is intends to convey to Mr. Hyde. The combined area of these two tracts is 8.75 acres. Once these parcels have been combined by this plat, Mr. Hyde will be able to begin the redevelopment phase of this site, which includes site clean-up and the construction of the new 90,000 sq. ft. office/warehouse facility detailed in the approved PUD plans. This PUD redevelopment site was also approved with a new zoning of PUD-MIXED C2/I-1 (Planned Unit Development-Mixed of Commerce and Industrial Park). Prior to this zoning change, the City amended the land use designation of the subject site from OS-Office/Service Business to a new"Mixed Use—OS/I (Office-Service Business/Industrial) land use category. The subject site is surrounded by 1-2 Heavy Industry zoning to the north; R4 Multiple Family Residence to the northwest; R2 Two Family Residence to the west; and R5 Multiple Family Residence to the southwest. The 1-2 zone is virtually filled-in with existing office/warehouse developments. The R4 area consists of a number of 4-plex apartment buildings interspersed with • single-family homes. The R2 zone to the west consists of a number of single-family homes with two-family (duplex)homes; while the R5 zone contains the Twin Lake Apartment complex. PC 06/28/12 Page 1 of 3 XCEABROOKLff TER • Sewer and water are both available from Lakebreeze Avenue (to the north)and also from Azelia Avenue(to the west). The site and new office/warehouse facility should be adequately served by these existing city water and sewer systems. The preliminary plat illustrates a number of perimeter drainage and utility easements, which are typical of these types of replats. A number of existing easements, which are no longer needed or feasible for this redevelopment site, are identified and scheduled to be vacated or released on this site,but not until the final consideration of the future final plat of said properties. The preliminary plat map has reviewed by the City Engineer, and his review memorandum is attached for reference. Staff assumes many of these items will be addressed or completed as part of the final plat process. The new final plat will reflect a new Lot 1, Block 1, FRANCE AVENUE BUSINESS PARK ADDITION. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2012-12, which comprehends the approval of Planning Application No. 2012-009, which proposes a Preliminary • Plat for FRANCE AVENUE BUSINESS PARK 4TH ADDITION, subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 14 2012 (and those related to the PUD review of March 28, 2012 and Development/Site and Building Plan review of April 20, 2012) shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). • PC 06/28/12 Page 2 of 3 Coro! BROOKLYN . CENTER • ATTACHMENTS • Aerial/Location Maps • Preliminary Plat of FRANCE AVENUE BUSINESS PARK 4"H ADDITION • City Engineer's Review Memo(dated 06/14/2012) • Planning Commission Resolution No.2012-12 • • PC 06/28/12 Page 3 of 3 Commissioner Kuykendall introduced the following resolution and moved its adoption: • PLANNING COMMISSION RESOLUTION NO. 2012-12 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-009, SUBMITTED BY RER ACQUISITIONS, LLC, A REQUEST FOR PRELIMINARY PLAT OF FRANCE AVENUE BUSINESS PARK ADDITION FOR THE PROPERTY LOCATED AT 4001 LAKEBREEZE AVENUE NORTH WHEREAS,Planning Commission Application No. 2012-009 submitted by Paul Hyde, President of RER Acquisitions LLC,requesting approval of a Preliminary Plat of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION,which is a replat of two contiguous parcels generally located and addressed as 4001 Lakebreeze Avenue North (Subject Site); and WHEREAS,this plat is requested to combine two separate lots into a single lot for the overall benefit of the new France Avenue Business Center 4 project,to be located on the Subject Site;and WHEREAS,the Planning Commission held a duly called public hearing on June 28,2012,whereby this item was given due consideration, a staff report was presented,and a public hearing was opened to allow for public testimony regarding the preliminary plat of is FRANCE AVENUE BUSINESS PARK ADDITION,which were received and noted for the record; and WHEREAS,the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-009,that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 -Platting; and NOW, THEREFORE,BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-009 as submitted by RER Acquisitions LLC, requesting Preliminary Plat consideration of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION, be'approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 14 2012 (and those related to the PUD review of March 28, 2012 and Development/Site and Building Plan review of April 20, 2012) shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. • 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). June 28,2012 Date Chair r ATTEST: Secretary . The motion for the adoption of the foregoing resolution was duly seconded by member Burfeind and upon vote being taken thereon,the following voted in favor thereof:' Chair Rahn,Commissioners Burfeind, Kuykendall and Schonning and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. i • MEMORANDUM DATE: June 14,2012 TO: Tim Benetti,Planning and Zoning Specialist FROM: Bruce Johnson,Engineering Technician Supervisor SUBJECT: Public Works—Preliminary Plat Review for FRANCE AVENUE BUSINESS PARK 4TH ADDITION Public Works Department staff reviewed the preliminary plat submittal dated May 29, 2012, for the proposed FRANCE AVENUE BUSINESS PARK 4TH ADDITION and provide the following conditions: General: 1. All comments and conditions indicated in the March 28,2012,PUD review and the April 20, 2012,Preliminary Site Plan review memorandum from Public Works are included by reference. Easements,Agreements and Plat: 2. An updated certified abstract of title or registered property report must be provided to the • City Attorney for review at the time of the final plat application(within 30 days of release of the final plat). 3. The proposed plat is located adjacent to Minnesota Department of Transportation (Mn/DOT)highway right-of-way. Minnesota Statutes require that the City submit the plat to the Department of Transportation for written comments and recommendations.All Mn/DOT comments must be conditions of approval. 4. Subject to the attached MNDOT email and drawing regarding a required permanent Drainage and Wall Maintenance easement on the MNDOT turn back property. 5. Dedicate adequate roadway easement for the roadway turnaround and existing wood wall at the south end of Azelia that includes an additional 10 feet around those elements. 6. Dedicate 10 foot roadway easement at location 23G where there is a noted existing curb encroachment. 7. Drainage and utility easements must be shown around proposed infiltration ponds at or above the 100-yr flood and high water elevation and other storm water treatment facilities. 8. Provide a working drawing of the final plat for verification purposes that includes and shows the pond limits to the 100 year flood and high water elevation,retaining walls, remaining and proposed utilities, and other pertinent site elements that are related to easement needs and considerations. Prior to Issuance of Land Alteration and Building Permits: 9. Submit a recorded copy of the restrictive covenants(subdivision agreement). 10. Submit final site plans and specifications for review and approval by the City Engineer in . Preliminary Plat Review Memo—FRANCE AVENUE BUSINESS PARK 4TH ADDITION . June 14,2012 Page 2 form and format as determined by the City. The final plan must comply with the approved,preliminary plan. 11. Submit a letter of credit or cash escrow for the land disturbance portion of the project in the amount of 150%of the estimated cost or in the amount determined by City staff to comply with the land alteration permit, site improvements and to restore the,site. The developer may submit one itemized letter of credit, if approved by City staff.The City will not release or reduce the letter of credit or cash escrow until work has been completed according to the final site plans approved by the City. 12.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions,traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions,tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions,temporary parking provisions, overall site condition provisions and non- compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. 13. Submit a$5,000 separate cash escrow for the construction management plan elements as part of the non-compliance provision.This escrow must be accompanied by the agreement and signed by the developer and property owner. Through this document,the developer and property owner will acknowledge: a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b. If compliance is not achieved,the City will use any or all of the escrow dollars to • correct any deficiency and/or issue. 14. Schedule and hold a preconstruction meeting with City staff. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review.The preliminary plan(site plan and preliminary plat) and final plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: July 23, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk &0_4u� SUBJECT: Type IV 6-Month Provisional Rental License for Twin Lake Manor Apartments, 3305 —3433 53rd Ave. 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 Twin Lake Manor Apartments located at 3305 — 3433 53rd Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV Provisional Rental License based on 1,034 property code violations (3.34 property code violations/unit) found during the initial rental license inspection and 131 (.42/unit) validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the.ordinance and issues specific to the property. City staff has worked with the property owner, property management and legal representatives to develop a Mitigation Plan to address short and long-term property maintenance items, as well as ongoing police calls for service. An addendum to the mitigation form is also included that describes specific actions that will be taken to address these concerns including a window replacement plan, controlling access to the property, CPTED improvements,parking permits, video monitoring system, and onsite security. 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: 01-26-2012 The Owner, Leon Fischer of Teddy Bear Extended, LLP, applied for renewal of the rental dwelling license for Twin Lake Manor Apartments (3305 — 3433 53rd Ave N), a 12 building, 310 unit multi-family complex. 02-22-2012 An initial rental inspection was conducted. 1,034 property code violations (3.34 property code violations/unit) were cited, see attached rental criteria. 02-30-2012 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. Mission:Ensuring an attractive,clean,safe,inclusive connnunitp that enhances lite gnality of life for all people and preserves the public trust I COUNCIL ITEM MEMORANDUM 04-04-2012 A second rental inspection was conducted and failed. 04-19-2012 A meeting was held with the property owner, property manager and legal counsel to discuss mitigation plan requirements. 04-30-2012 The rental license expired. 05-01-2012 A third rental inspection was conducted and failed. 05-04-2012 A mitigation plan with incomplete information was submitted. 05-15-2012 A letter was sent in response to the mitigation plan requesting the plan be resubmitted with additional information. 06-04-2012 A fourth rental inspection was conducted and failed. 06-05-2012 The property was posted as unlicensed. 06-09-2012 A mitigation plan with incomplete information was submitted. 06-18-2012 A letter was sent in response to the mitigation plan requesting the plan be resubmitted with additional information. 06-22-2012 Records indicate that property taxes and utilities were not paid. 06-26-2012 A fifth rental inspection was conducted and failed. 07-10-2012 The property passed the rental inspection and reinspection fees of$4,300.00 were paid. 07-12-2012 City records indicate 131 (.42/unit) validated police incident/nuisance calls occurred from July 1. 2011 to June 30, 2012. 07-12-2012 Records indicate that the property taxes and city utilities were paid in full. 07-10-2012 A Mitigation Plan was submitted. 07-12-2012 The Mitigation Plan was finalized. 07-16-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 07-23-12. If approved, after six months, a new rental license will be required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of 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 Mission:Ensuring an attractive,clean,safe,inclusive comnuunitr that enhances the quality of life for all people and preserves the public trust it COUNCIL ITEM MEMORANDUM a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things,the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. Mission:Ensuring an attractive,clean,safe,inclusive coon nunin,that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission:Ensuring an attractive,clean,safe,inchWile Co111n11111itr that enhances the gllalitr of life far all people anll preserves the public trust COUNCIL ITEM MEMORANDUM 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 1 5 or more units Greater than 0.50 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 with Addendum Mission:Ensuring an attractive,clean,safe,inchisive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Phone:763-569-3300 17Y711 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 frllable form on City website. tCCil1' U (~ T ii#xltl0jl res � O0 LYNVENTE MN 5tyAdds:331 AE #10 5429 p OWIleT N2me EDDY BEAR-EXTENDED.LLP(LEON FISCHE(}l LOCal'AgCrlt:Kl1ITA W IDT r t)wnerAddress ,l AgeritAdilxess,,' 2622N FERRY ST.'SUITE2200ANOKA MN 56303.. 333is3RDAvE.N.#toaeAOq�C�iNC�.NT�MN,c 3' owner Rhone 763 421 757$„ Agent Phone:763 5376773 ,_ . (3wnerfitnatt -81=ARMGMI'@LIVE:C01171 AgentEmail:TWINLAKESMAPfOR @GMAILCOM Itentaiiceatse Q Neiv ..Q-Reneival; CurrentLrcertseExpiratiottl?ate 4/3tlt'24t2 *Pending Type N Ltcense Exp:Date 10131/2012 Six onths. om cuM?nt lieete ex /ration,,, 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. - ecDoeuttenss r_ Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. 1 v u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum FY/13. Submit written report by I O'h of each month(after license approval). Pha p� ti�� :>i=#' e_�e 'o��ir► -'ira�n�e�ni��m �-� - �� � - eI 1. Use written lease including Crime Free Housing Lease Addendum. ✓� 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 3/26/2010 or Date Course Scheduled: Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department, Date Scheduled: Improvements to be completed by: 10/31/2012 Phase III I 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 IV License expiration date? @Q Yes Q No (*See Section A)If no,you will only be able to qualify for a Type W Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. �✓ I will hold regular resident meetings. Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated re lacement date will rel ire earlier corrections. Date Last Replaced Estimated Re,lacement Date Furnace/AC- 2018 Water Heater- 2018 Kitchen Ap.,liances- 2016 Laundory Aj liances- 2015 Exterior -Paint/Siding,fascia,trim 2006 -Windows _ NOW THRU FEB 2013 -Roof 3409.1996 3307-2008 -Fence 2014 -Shed N/A N/A N/A -Garage 2002 _ -Driveway PATCH HOLES AND REPAIR FRONT ENTRYWAY MAY 2012 -Sidewalks 2011 Smoke Alarms&Carbon Monoxide Alarms MAY 2020 Other(s) SEE ATTACHED a`eMe Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: II X I 1. Check in with tenants every 30 days. II ; 2. Drive by property,to check for violations twice a month. z � Page 2 Type IV Mitigation Plan Rev 11-16-11 i F Y t 3. Evict terionF's in violation tit the lease and all adderldlalis, 'l. Provide lawafsnow service, S. Provide garbage service, 6. htslall security system. 7. Provide maintenance service plan ror appliances. Name of service co.: _ 8. 1 alit and will remain current on payment of utility tees,taxes,asscssmcnts,fines,penalties and other financial claims dwz to the City. Please read thoroughly: If the T)pc IN'Rental L,iccusc is approved by the City Council,the licensee must comply with the approved � Nlitigatioat Plan and all appticAte city codcs. No later than the 10"'ofe'wh calendar anonth,the liccnscc must j submit to the Building and Community Standards Dupartment a written repcirt dcwribing all stern,taken to comply with the Mitigation Plan. I wrify that all information provided above,is true and accurate. I undersand that if I do not comply with an aplwovcd i\litlrration Plan,comply with all applicable ordm"ine"es within the license peliod,m opiate beyarnd the license expiration date;criforcernent actions such as citations,formal complaint or license review play result, LEON FISCHER/OWNER Owncr f of Agent lame and'title(I lease 1'r rat) C)wncr nr rlgcttl Signature _ _. _ _ D'Ite KRISTA WINDT/PROPERTY MANAGER A&ditiomai Owner or Agent Name and I itic(k(urplicable)(l'Icua 1'ri1rl) A�icwiiA 6tvmcr or Agent Si�naturc (rf u�ya'x r,l,,t�) C3ate i 1,;.1.i a .y J, }('l.%'I tSri T Police Wpattinew i Title I)afc (3c ing Community Standards M-parimcni f lltic fate Rape 3 Type Ito Mitigation Plan Rev 11-16-11 Twin Lakes Manor 331153rd Ave. N. Brooklyn Center, MN. 55429 Phone-(763)537-6773 Fax-(763)537-0071 Attachment to Mitigation Plan: 1) The completion of windows will be done by February 28t", 2013 2) The hiring of Private Security to be in place by August 1St 2012. They will be here every Friday and Saturday for 8 hour shifts and the other 3 days would be rotating so that it is not known what Friday and days they will be here.(To be revisited at the time of the next Saturday times will license renewal) be designated by 3) The completion of the CPTED to be done as follows: Police Department -2 bldgs. by 7/31/2012 -All other buildings to be completed by 10/31/2012 4) Complete the closing of the SW and NW entrances by 8/1/2012. This will be done by extending the fence that is already in place across the exits. 5) Complete the policy of tenants having parking permits by August 1St 2012 (already in process) 6) Install video camera at the front(NE)entrance to retain video for 30 days. This will be completed by August 1St 2012 7) The request to have the fence extended between Twin Lakes Manor and the apartments on 5240 Drew Ave. has already been completed. Agent Date _ Name i Twin Lakes Manor 331153rd Ave. N. Brooklyn Center, MN. 55429 Phone-(763) 537-6773 Fax-(763)537-0071 Window Replacement Plan: 3409 & 3417 done by Sept 1St 3305 & 3307 done by Dec 1st 3421 & 3425 done by Oct 1St 3403 & 3315 done by Jan 15t, 12 3413 & 3311 done by Nov 1St 2439 &3433 done byFeb28}h,12 Agent � Dated I I� Name i Twin Lakes Manor 331153rd Ave. N. Brooklyn Center, MN. 55429 Phone-(763) 537-6773 Fax-(763)537-0071 WINDOWS ALREADY COMPLETED: ALL OF 1ST FLOOR OF THE 3409&3417 BLDG. 3315#102 BED, KITCHEN, LIVING 3403#3 BED, KITCHEN 3425#206 BED 3421#103 BED 3421#203 BED 3425#5 BED 3413#205 BED, LIVING ROOM 3043#105 BED, LIVING, KITCHEN 3403#107 BED, KITCHEN 3409#106, LIVING 3409#109, LIVING, KITCHEN 3421#1 BEDROOM Thank you, Krista Windt Manager Twin Lakes Manor/Teddy Bear Management City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM • DATE: July 19, 2012 TO: City Council FROM: Curt Boganey, City Manag&�P3 SUBJECT: Charter Amendment-Wards Recommendation: It is recommended that the City Council consider directing staff to prepare a resolution accepting a recommendation from the Charter Commission and setting an election date to consider the proposed Charter Amendment to establish a ward system in the City Of Brooklyn Center Background: On July 16th I received an email form Mr. Gary Brown indicating that the Charter Commission had approved recommended changes to the City Charter per the minutes of June 28th 2012. I have enclosed a copy of the minutes of June 28th, June 13th and May 10th 2012 meetings, where this topic was discussed by the Commission. It appears that the Commission may have voted to • approve amendments to Section 2.03a Elective Officers, Section 2.093b Wards, Section 2.03c Redistricting Procedures, 2.03d Annual Meetings and Section 2.02 Boards and Commissions as described in the attachment to the June 13th 2012 meeting minutes. I have sent an email to Mr. Brown requesting clarification on the Commission's official action. As you will note there is nothing in the June 28th minutes that state what the commission actually voted on and approved. Hopefully this information will be available for the work session. This item has been placed on the worksession so that you will have an opportunity to review and understand what requirements and options are available to the Council. Assuming that we do receive the final language from the Commission, to meet the deadlines for the next general election an item will be placed on the next City Council meeting for action. The City Council will be asked to receive the recommendation, set the date for the election and to determine the ballot question. The City Attorney is preparing information that in more detail describes the mandatory requirements, the process and the options available to the City Council. Policy Issues: Council Goals: • chartermard.amendment Alission:Ensuring an attractive,cleats,safe,inclusive conununity that enhances Ilse quality of life for all people and preserves the public trust Curt Boganey From: gary-juIie-brown@comcast.net • Sent: Monday,July 16, 2012 2:44 PM To: Sharon Knutson;Curt Boganey;Charlie LeFevere Cc: Stan Leino Subject: Re:Charter Commission Minutes for June 28, 2012 believe it is the intention of the Charter Commission that the question be something like the following; "Should the city charter be amended to require that all city council members be elected to represent wards rather than all council members and the Mayor being elected at- large?" Gary E Brown Cell: 763-464-1549 From: gary-Julie-brown(a)-comcast.net To: "Sharon Knutson" <sknutson(aDci.brooklyn-center.mn.us>, "Curt Boganey" <cboganey(�ci.brooklyn-center.mn.us>, "Charlie LeFevere" <clefevere cD.Kennedy . Graven.com> Cc: "Stan Leino" <flyfinn7(a-).msn.com> Sent: Monday, July 16, 2012 8:24:49 AM Subject: Charter Commission Minutes for June 28, 2012 Please note proposed changes to the Charter in the minutes. Gary E Brown Cell: 763-464-1549 1 Chapter 2 Amendment Brooklyn Center City Charter Approved by Brooklyn Center Charter Commission June 28, 2012 Section 2.03a ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Council members who shall be registered voters of Brooklyn Center. The Mayor and who shall be elected at large and each other Council member shall be elected from one each of four different geographic city wards. A person elected from a particular ward must reside in that ward. Each Council member shall serve for a term of four(4) years. The Mayor shall serve for a term of four(4) years. The Council shall be canvassers of the election of the Mayor and the Council members. Section 2.03b WARDS. The city shall be divided into four wards generally corresponding to the four geographic quadrants of the city. A ward is composed of a compact and contiguous territory. Council members from two of the wards shall be elected two years prior or two years after Council members from the other two wards. Section 2.03c REDISTRICTING PROCEDURES. The boundaries of the wards are established by ordinance. The population of the wards must be as equal as practical, with a variance of no greater, or no less, than five percent of the equal number. If a federal census shows that a ward no longer meets this requirement, the council must change the ward boundaries to achieve compliance within the time period required by state law. If a ward boundary change places a ward council member's residence in a different ward, the council member will continue in office until the next general municipal election, at which time the office must be filled for the remainder of that term. Section 2.02 BOARDS AND COMMISSIONS. There shall be no separate administrative board of health, library board, park board, or any other administrative board or commission, except for civil service commissions and boards and for the administrations of a function jointly with another political subdivision. The Council shall itself be and perform the duties and exercise the powers of such boards and commissions. The Council may, however, establish boards or commissions to advise the Council with respect to any municipal function or activity, to investigate any subject of interest to the City, or to perform quasi-judicial functions. Such advisory boards or commissions shall have its membership equally composed of one or more members nominated by each ward Council member and the remaining members nominated by the Mavor. (_Draft) MINUTES OF JUNE 28, 2012 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:30 PM. Roll Call: Secretary Gary Brown called roll: Gary Brown, Ellen Davis (arrived at 7:47), Mark Goodell, Stan Leino,Robert Marvin,Harold Middleton,Mary O'Connor, Eileen Oslund,Eric Pone, Bee Yang and Mark Yelich were present. Excused Absence: Gail Ebert Absent: Renita Whicker Consideration of Minutes: Motion by Yelich, seconded by Marvin to approve minutes of June 13, 2012, approved unanimously 10-0. Old Business: Consideration of Amendment to Adopt Ward System for City Council Seats Chairman Leino invited residents who desired to address the charter commission to speak: Michael Parks, 3218 64 th Ave.N., indicated he had a problem with the city's at-large council representation because he believed that th eat-lar e representation wa s s ille al according to previous federal court cases. Dan Ryan, 6442 Indiana Ave., (Council Member), indicated that Parks had made several allegations regarding the legality of the at-large system presently in place in Brooklyn Center-as well as many • other cities, should be addressed by the city attorney. He indicated that he felt that the minorities were spread throughout the city and the premise of non representation was not founded. Former Mayor Phil Cohen, 5501 Humboldt Avenue N.,does not like the fact that if we changed to ward system he could only vote for 25%of the council He believes that the demographics should be checked. He felt that Park's proposal dilutes the representation. Chairman Leino then closed-the meeting for citizen input and opened commission discussion; Pone disagreed with all three citizens, against bi-polar government-African Americans are not invited to the table(to be elected), wants more people to believe they can run and be elected to the city council. Leino doesn't want to change for change sake but wants citizen's to decide. Goodell: How does at-large system create barriers to access to the council? Pone wants to make council bigger and representation more"local". Marvin wants council members more responsive to the citizens. Middleton is concerned about proximity of council members to each other. Marvin feels Parks' letter is not relevant. Brown stated that all of the townships in Minnesota and Wisconsin are elected at large, Parks' points are not valid. Oslund asked if we know if voters vote for people running for council in the same geographic area , that they live in? Dan Ryan then added that lines on a map do not generate more people voting. Yelich passed around the updated proposed changes to the charter. He stated that he was concerned about the cost of making the changes, that this was a significant undertaking, household incomes were low in Brooklyn Center, and that it was hard to find enough time to run for council. He further pointed out the city's goal of cultural diversity and that many people do not vote for two candidates even though they can to make sure their candidate is elected. • Motion by Yelich that Charter Commission send the issue to the council for consideration. Brown offered a friendly amendment to the motion to pass a resolution asking the city council to put on the ballot this fall as we know what the city council's position is, seconded by Marvin. Pone does not feel the proposed changes go far enough. Motion fails 8-2 with O'Connor and Goodell opposing passage(requires two thirds of entire commission for passage). Eminent Domain: Dan Ryan asked why Charter Commission has this as an issue as he does not see a' problem? Where is the mischief to be remedied? He then read a statement. Commissioner Brown asked Ryan if he would be willing to offer an ordinance to deal with the commission's concerns? Ryan indicated that he could not speak for the entire council but would be willing to offer the ordinance to the council for consideration. Mayor Cohen pointed out where the city council has made several good uses of eminent domain. Marvin did not agree that these were good uses. Commissioner Ellen Davis arrived to the meeting. Goodell asked the Chair to give an overview of the issue which the Chairman Leino did. Davis thinks that 60 days is more than enough time. Marvin does not like the indefinite length of time. O'Connor stated a concern that the city is forced to purchase the property within 90 days the way the current verbiage is written. Pone will not support any condemnation amendments and that elected officials are just presenting • excuses. Oslund concerned about two issues going to the voters. Middleton stated that citizens cannot comprehend these complicated issues. Goodell there are many variables but he is not opposed to eminent domain. Chairman Leino asked for a motion. Yelich state that general public does not see eminent domain as a tool. Motion by Marvin, seconded by Pone,to consider amendments one by one. Motion passed 10-1 with Leino voting nay. Motion by Brown, seconded by Middleton to not make any changes to Chapter 9. Motion passed 10-1 with Yelich voting nay. Motion by Yelich, seconded by Marvin to amend Chapter 2 for Charter Changes that would allow Council Members to be elected by Ward versus At-large and pass onto Brooklyn Center City Council for a vote on the ballot this fall. Motion by Pone, seconded by Marvin,to call the question,passes 11-0. Original motion then voted on, and passes 9-2 with O'Connor and Goodell voting nay. Motion passes with required 2/3 majority. Future Meeting Dates: Next meeting July 26,2012. Adjournment: Motion to adjourn at 8:49 PM by Yelich seconded by Brown,passed 11-0. Submitted for-consideration, • Gary E. Brown, Secretary (Draft) MINUTES OF JUNE 13,2012 . BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:32 PM. Commissioner Lackner Removed: Chairman Leino announced that Secretary Brown had received a letter informing him that Commissioner Nathan Lackner had been removed as a Charter Commission member by the Chief Judge of the Fourth Judicial District,James T. Swenson, on June 8, 2012, for lack of attendance. Roll Call: Secretary Gary Brown called roll; Gary Brown, Stan Leino, Gail Ebert,Robert Marvin(arrived at 6:40), Ed Nelson, Mary O'Connor, Eileen Oslund, Eric Pone, and Mark Yelich were present. Excused Absence: Harold Middleton, Renita Whicker Absent: Ellen Davis and Bee Yang Consideration of Minutes: Motion by Pone, seconded by Yelich to approve minutes of May 10, 2012, approved unanimously 9-0. i Old Business: Eminent Domain: City Attorney,Mr. Charlie LeFevere reported that the City Council did not approve the Commission's proposed changes to Chapter 9, Eminent Domain. He suggested that there may be some • middle ground between the City Council's and Charter Commission's positions. He then listed a number of issues that the proposed changes might impact the City's Eminent Domain process(abatement of nuisances,partial takings and appraisals ahead of time). He suggested that the Commission could possibly follow the Federal guidelines as they relate to Uniform Relocation Act. He suggested that he could prepare a checklist of items for consideration by the Commission. A number of Commissioners asked questions of the City Attorney. Motion by Brown, seconded by Nelson,to direct the City Attorney to prepare a checklist for Charter Commission consideration at the next meeting,passed 8-1 with Pone voting nay. It was pointed out by the City Attorney that the City Council was obligated to phrase and put forward the question regarding Charter Commission's proposed changes related to Eminent Domain to the voters. Motion by O'Connor, seconded by Yelich to strike the last sentence of 9.04, several members spoke in opposition to the motion until the City Attorney's comments had been received. Motion to call the question by Yelich, seconded by Pone, approved unanimously 9-0. Motion was then voted on and was defeated 1-8 with O'Connor voting yea. Motion by Brown, seconded by Marvin to wait for City Attorney's checklist offering"middle ground", passed unanimously 9-0. Ward vs. At-large City Council Members: Several interested residents were then afforded time to speak to the issue by Chairman Leino: Former Mayor Phil Cohen, 5501 Humboldt Avenue N., suggested the Commission wait for more input and possibly hold a Public Hearing. • Judy horbu 2 he issues, o osed to wards likes y s,6 65 Brooklyn Drive,paper did not cover all of pp , the at-large system and thinks it works well. At-large is a safety net and she believes that City Council's open microphone"Open Mike"gives residents an opportunity to be heard about issues. Tim Franklin, 6718 Bryant Ave. N.,thanked the commission for their work thus far on the Ward vs. At-large issue. • Ruby Dallas, 6419 Emerson Ave.N., feels strongly that residents are not represented by the at-large form of Council. She expressed concerns about representation of the diverse community. City Attorney, Charlie LeFevere, listed many pros and cons for both ward Councils and at-large Councils. He did not believe that there were many ward Councils of cities the size of Brooklyn Center. He believed that ward Councils were typically from larger communities. Commissioner Brown pointed out several communities that he had worked for that were considerably smaller than Brooklyn Center. LeFevere pointed out that a person running for City Council can finish second in an election and still be on the City Council. He did not believe that a ward system would have an impact upon the makeup of the City Council as demonstrated by an all female council just a few years ago. The City Attorney then informed the Charter Commission that any question being put before the voters had to be to the City Council by August 24,however the last City Council meeting prior to August 24 will be August 13, 2012. City Council Member Dan Ryan,-6442 Indiana Ave.N. stated that he had overriding concerns that voters will not understand the issue and that this change to the charter would add unnecessary administrative detail. He also spoke about the Chapter 9 proposed changes and that State Law supersedes the charter and the ways that(land)takings get paid for,would be impacted. Commission Member and subcommittee member Yelich passed out a revised Chapter 2 Ward vs. At-Large proposed Charter Changes which was then moved by Pone, seconded by Marvin for consideration. Yelich proposed a friendly amendment to remove Section 2.03d ANNUAL MEETINGS and then send to the City . Council. Considerable discussion followed. Motion by Brown, seconded by Marvin,to call the question, motion passed unanimously 9-0. Original Motion was not carried as a result of 7 yeas and 2 nays (Nelson and O'Connor). Motion by Yelich, seconded by Marvin,to place on next Charter Commission Agenda,7 yeas and 2 nays (Pone and O'Connor). Future Meeting Dates: Next Meeting June 28th at 6:30 PM and the meeting immediately after to be held on July 26. Commissioner Nelson will no longer be on the Charter Commission as he has now served his last meeting since his tern ends on June 26,2012. Secretary Brown directed to check to see if there were any commissioners who have three unexcused meetings in a row. Adjournment: Motion by Marvin, seconded by Yelich to adjourn at 9:38, approved unanimously 9-0. Submitted for consideration, Gary E. Brown, Secretary • Chapter 2 Amendment Brooklyn Center City Charter June 13, 2012 Draft Section 2.03a ELECTIVE OFFICERS. The Coun `al of a Mayor and four Council members who shall be regis el. voters of Brooklyn Center. The Mayor a shall be elected at lar and each other Co rx it member shall be elected from one each of four different e:o raphic city wards. .person elected from a particular ward must reside in that wad: Each Council rnhb) >ber shall serve for a term of four(4) years Tike`' Mayor sh rve for a term of four(4) years. The Council shall be canva ors :e electionf the Mayor and the Council members. r . Section 2.03b WAD. . The ity shall bedi ed into _our wards Izenerally corresponding to t el' ur aeolaphic aula rants of the city. A ward is composed of a compact nd,cont o-u siffilt6w. Co66 ciI members from two of the wards shall bey . 'Iw ted two years,o or or tw 'ea.r ter Council members from the otheA�vo wards. Section 2.03REDISTRICTI1 PRODURES The boundaries ofthe wards are established b �,�rdinance Tae population of the wards must be as equal as practical, with a liance Al jzreater, or no less, than five percent of the equal number. If a federal era<shows that a ward no longer meets this requirement, the council must chanMhe ward boundaries to achieve compliance within the time period required by state law. If a ward boundary change places a ward council_member's residence in a different ward, the council member will continue in office until the next general municipal election, at which time the office must be filled for the remainder of that term. • Section 2.03d ANNUAL MEETINGS. Each ward council member shall hold at least two citizen meetings for their ward annually for purpose of receiving citizen input from ward residents. fi Section 2.02 BOARDS AND COMMISSIONS. The, all,be no separate administrative board of health, library boardspark boV< or any other administrative board or commission, ex q for civil servieeommissions and boards and for the administrations of a ction jointly with a. >ther political subdivision.. The Council shall itself be anT ';rfor duties an ercise the 7 , powers of such boards and corrl�P fissions. Th P- I Jl may, how ev establish boards or commissions to advi�`�h (o ncil with,rs, ect to any municipal i' function or activity, to investigate Sul 'J pf int t to the City, or to perform quasi-judicial funct'o s ugh advis 6V, boar sI rRcom�ssions shall have its • membershi a uaal,' com os, `t of at letone mem : nominated b y e a c h ward Council member an he May§ may no ate the remaining members IR §70, 1001111" MINUTES OF May 10, 2012 • BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:40 PM. Roll Call: Secretary Brown called roll; Gary Brown, Leino Gail Ebert Robert Marvin Ed Y m'Y � rY > Nelson, Mary O'Connor, Eileen Oslund, Eric Pone and Mark Yelich were P resent. Excused Absence: Harold Middleton Absent: Ellen Davis,Nathan Lackner,Renita Whicker,and Bee Yang Consideration of Minutes Motion by Marvin, seconded by Ebert to approve minutes of January 19, 2012 and February 4, 2012 (combining the two commission meetings), unanimously approved 9-0. Motion by Marvin and seconded by Pone to approve April 12,2012,minutes as submitted, approved unanimously 9-0. pp Y Old Business: Attendance of Commissioner Lackner. Secretary Brown reported that he had sent a letter to Commissioner Nathan Lackner on April 16th regarding missing three consecutive meetings,but he did not receive a response by mail or by phone. Motion by Yelich, seconded by Pone to direct secretary Brown to contact District Judge regarding absences of Commissioner Nathan Lackner,recommending that Commissioner Lackner be removed from the Commission due to lack of attendance, approved unanimously 9-0. pp Y Proposed changes to Charter regarding Eminent Domain After discussion by several commissioners, a motion b Marvin seconded b Yelich to ask City attorney e 1 1 n h ballot y y ty orney pr pare language to place o the ba of(if city. council rejects proposed changes. Chairman Leino o ened the floor to discussion and after all commissioners had an opportunity to speak a motion to call the question by Brown, seconded by Marvin, passed unanimously 9-0. The original motion was then voted on and approved unanimously 9-0. Presentation by Michael Parks 3218 64th Ave N Brooklyn Center. 'Mr. Parks spoke about the diverse community but lack of diversity on the City Council. He indicated that he felt that as a result of the entire City Council and Mayor being elected at-large that it was difficult to know who to talk about a problem. He stated that it required talking to all council members. He felt that the citizens needed better access to the council. He pointed out that council members seem to reside in the same area of the city. He expressed concern of the legality of at-large representation versus ward representation. He also spoke of the difficulty to run for council since you have to canvass the entire city not just one portion that you would represent. He felt it was expensive to run city wide and that people get discouraged. He felt an amendment to the charter calling for ward representation would make Brooklyn Center a better place to live. New Business: Council decision on Chapter 9 No action was taken after discussion. Subcommittee on At-large vs Ward Representation The subcommittee consisting of Yelich,Pone,Ebert,and Marvin,gave their report with recommendations to divide the city into 4 wards,maintaining the same number of council members,and with the Mayor still being elected at-large. They further presented language that included • having the council members having more influence on the appointments to various boards and commissions.Motion by Nelson, seconded by Yelich to accept the report,approved unanimously 9-0. The commission then worked on minor language changes to the proposed amendment to the Charter Section 2; Section 202 Boards and Commissions, 2.03a Elective Officers,203b Wards,203c Redistricting Procedures,and Section 203d Annual Meetings(see attached). Future Meeting Dates: The next meeting will held on June 13 at 6:30 PM,with the Chairman given • discretion to reschedule due to timing of possible charter question on the ballot. Adjournment: Motion by Brown, seconded by Yelich to adjourn at 8:55, approved unanimously 9-0. Submitted for consideration, Gary E. Brown, Secretary • I Charles L.LeFevere Kennedy 470 Bank Plaza So 200 South Sixth Street Minneapolis MN 55402 y� y`� (612)337-9215 telephone Gl aV ell (612)337-9310 fax clefevere@kennedy-graven.com http://www.kennedtgraveu.com CHARTERED MEMORANDUM Date: July 23, 2012 To: Curt Boganey From: Charles LeFevere Re: CharterAmendment Question The last day for the city council to notify the county auditor of an election question is 72 days before the election,which,this year,would be August 24, 2012. Therefore, at the first council meeting in August, the council should adopt a resolution setting the election question and calling for a special election on the charter amendment,to be held at the same time as the general election in November. The form of the ballot question is set by the city council. The purpose of the ballot question is not to educate voters about the amendment. In the case of a new charter, the statute specifies the form of the question, which is simply: "Shall the proposed new charter be adopted?" The public is informed about the substance of the amendment by publishing the text of the proposed amendment at least twice in the official newspaper. Rather,the purpose of the question, as set forth in Minn. Stat. § 410.12, Subd. 4 is as follows: "The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time." There will be several questions on the ballot this fall. Therefore, it seems to me that, at a minimum,the ballot question should make it clear that this question relates to the Brooklyn Center City Charter (as opposed, for example, to the Minnesota Constitution). A minimal question might be: "Shall the Brooklyn Center City Charter amendment be adopted?" A question providing some more detail to identify the question being voted on could be: "Shall the Brooklyn Center City Charter amendment requiring election of all city council members by ward be adopted?" The city council does not have to decide this issue until its first August meeting. At that time, it will be required to call the special election and to set the form of the question. A preliminary draft of that resolution and one form of ballot question is attached. However,this matter should be discussed by the city council and proposed for adoption of a resolution on August 13,2012. Charlie 408101v1 CLL BR291-7 1 Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Brooklyn Center, Hennepin County, Minnesota("City") as follows: 1. The City Council hereby finds and determines that the Brooklyn Center Charter Commission has duly submitted a proposed amendment to the City's Charter,which amendment would require the election of Council Members by ward, all pursuant to and in accordance with Minnesota Statutes, Section 410.12, and that therefore an election thereon shall be held as hereinafter provided. 2. The proposed charter amendment will be submitted to the voters of the City at the special election to be held(as part of the general election) on Tuesday,November 6, 2012. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 3. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; (b) The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Hennepin County Auditor at least 74 days before the election, including the date of the election and title and language for the ballot question. 4. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m.until 8:00 p.m. 5. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 5(b)hereof- 408109v I CLLBP291-7 I CITY QUESTION BALLOT SPECIAL ELECTION CITY OF BROOKLYN CENTER November 6, 2012 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word"YES" for that question. To vote against a question, fill in the oval next to the word"NO"for that question. CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT Shall the City of Brooklyn Center Charter amendment requiring election of all city council members by ward be adopted? O YES O NO 408109v1 CLLBP291-7 2 (b) The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 6. The City Council shall meet in the City Hall on November , 2012, at p.m., C.T. to canvass the results of the election and to declare the results thereof. By Order of the City Council of the City of Brooklyn Center this day of ) 2012. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: And the following voted against the same: Whereupon said resolution was declared passed and adopted. 408109v1 CLLBP291-7 3 it EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF BROOKLYN CENTER HENNEPIN COUNTY,MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Brooklyn Center, Hennepin County, Minnesota, on Tuesday, the 6th day of November, 2012, at which the following proposition will be submitted to the voters of the City for their approval or rejection: PROPOSED CHARTER AMENDMENT Shall the City of Brooklyn Center Charter amendment requiring election of all city council members by ward be adopted? The polling places for said election are as follows: The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election at the polling place for the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL City Clerk Dated: , 2012. 408109v1 CLLBP291-7 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on 2012, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the calling of a special election for a proposed amendment to the charter of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of ,2012. City Clerk City of Brooklyn Center, Minnesota (SEAL) 4081090 CLLBR291-7 5 • Work Session Agenda AGENDA 0 CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 23, 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. Use of Eminent Domain—Councilmember Ryan 2. Neighborhood Parties—Councilmember Lasman PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Brooklyn Boulevard Corridor Study Update—August 13 2. National League of Cities Service Line Program 3. Sister City Update 4. Success Target Update Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: July 19, 2012 TO: City Council FROM: Councilmember Dan Ryan thru Curt Boganey, City Mana SUBJECT: Use of Eminent Domain Recommendation: It is recommended that the City Council consider providing direction to staff regarding any response to the discussion regarding the use of eminent domain. Background: Councilmember Ryan has requested a discussion regarding the subject matter. Councilmember Ryan has expressed interest in the possible development of an ordinance that would offer further protection to property owner's interests. Policy Issues: Council Goals: • Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 2 We will stabilize and improve residential neighborhoods eminent.domainxyan Hission.E-assuring an attractive,dean,safe,indfusive community,that enhances the quality of fife for all people and preserves the public trust Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: July 19, 2012 TO: City Council FROM: Councilmember Lasman thru Curt Boganey, City Mana* SUBJECT: Neighborhood Parties Recommendation: It is recommended that the City Council consider providing direction to staff regarding any further action as a follow up to the worksession review of this matter. Background: At the June 25th 2012, Council Work Session, Councilmember Lasman asked that we schedule a future worksession discussion about the issue of limiting large parties at single-family dwellings. This item has been placed on the agenda per your direction. Staff is in the process of reviewing police complaints related to large parties over the last several years. This information will be available at the meeting. • Policy Issues: Council Goals: Select not more than two. Strategic: • We will stabilize and improve residential neighborhoods • We will ensure a safe and secure community • neighborhood.parties.lasman Hhv.vion:Ensuring an attractive,clear:,safe,inclusive community that enhances,the duality of life for all people and presences the public crust