HomeMy WebLinkAbout2012 10-08 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
October 8, 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. Adj ourn
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CITY COUNCIL MEETING
City of Brooklyn Center
October 8, 2012 AGENDA
1. Informal Open Forum with City Council—6:45 p.m.
—provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation— 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. September 24, 2012— Study Session
2. September 24, 2012—Regular Session
b. Licenses
C. Resolution Rejecting Bids, Improvement Project No. 2012-10, Earle Brown and
Opportunity Area Street Lighting Replacement
d. Amend 2012 City Council Meeting Schedule to Add Special Session for City
Manager Performance Review on October 15, 2012, at 5:30 p.m.
e. Alcohol Compliance Agreements
1. Resolution and Consent Order Imposing Civil Penalty for Global Kitchen,
Inc. dba Global Kitchen at 6000 Shingle Creels Parkway
2. Resolution and Consent Order Imposing Civil Penalty for Leng Ku for the
Sun Foods Store at 6350 Brooklyn Boulevard
7. Presentations/Proclamations/Recognitions/Donations
None.
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CITY COUNCIL AGENDA -2- October 8, 2012
8. Public Hearings
a. An Ordinance Relating to Criminal History Background Checks for Applicants
for City Employment and City Licenses; Amending City Code Sections 6-125 and
23-003, and Adding City Code Section 23-003.5
—This item was first read on September 10, 2012; was published in the official
newspaper on September 20, 2012; and is offered this evening for second reading
and Public Hearing.
Requested Council Action:
—Motion to open Public Hearing.
—Take public input.
—Motion to close Public Hearing.
—Motion to adopt ordinance.
9. Planning Commission Items
—None.
10. Council Consideration Items
a. Mayoral Appointment of Member to Serve on Housing Commission
Requested Council Action:
—Motion to ratify the Mayoral nomination.
b. Consideration of Type IV 6-Month Provisional Rental License for 7113 Palmer
Lake Circle
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.
C. Consideration of Type IV 6-Month Provisional Rental License for 4213 63rd
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.
d. Consideration of Type IV 6-Month Provisional Rental License for 1600 71st
Avenue North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Take action on rental license application and mitigation plan.
CITY COUNCIL AGENDA -3- October 8, 2012
e. Consideration of Type IV 6-Month Provisional Rental License for 5401 Brooklyn
Boulevard
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.
f. Consideration of Type IV 6-Month Provisional Rental License for 5432 Dupont
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.
g. Consideration of Type IV 6-Month Provisional Rental License for 6913 Toledo
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.
h. Consideration of Type IV 6-Month Provisional Rental License for 5925
Washburn Avenue North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Take action on rental license application and mitigation plan.
11. Council Report
12. Adjournment
City Council Agenda Item No. 6a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
SEPTEMBER 24, 2012
CITY HALL—COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and
Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and
Development Gary Eitel, Assistant City Manager/Director of Building and Community
Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Ryan requested discussion on Item 8b, Continued Special Assessments for
Nuisance Abatement Costs and Administrative Fines/Citation Costs, in particular 6006 Camden
Avenue North with a $4,040 certified assessment. He noted the property report shows a repeated
failure to comply but he wants to assure proper enforcement was observed given the high
assessment and City's intent to not be punitive but, rather,to gain compliance.
City Manager Curt Boganey advised that during the Regular Session City Council meeting staff
can provide a presentation for each assessment. He noted that fines escalate if compliance is not
gained and in this case, the owner repeatedly failed to comply. Mr. Boganey stated the
ordinance was applied as written. Councilmember Ryan stated once that information is
presented, the City Council can be reassured that the public understands the City is not being
punitive.
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
explained the property owner had refused to allow the City to make the required inspection to
confirm immediate life,health, and safety issues had been corrected.
Councilmember Kleven asked about the three constituents who entered an appeal at the last
meeting but subsequently paid the amount. Ms. Schleuning advised that prior to the Public
Hearing, many had paid the assessment and several more paid after the Public Hearing. She
noted the $40 administrative charge will apply but the property owner is allowed to pay until
October before the interest starts to accrue.
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Councilmember Kleven asked about the assessment on 5836 York Avenue N., noting this is a
new resident to Brooklyn Center who purchased the property seven months after the violation
and was not aware of the pending assessment. She asked whether a break on this assessment
should be considered because this is a new resident and the assessment should have been caught
when she closed on the property.
Mayor Willson reminded the City Council of the need to be consistent with the ordinance
requirements and to not show special consideration to any one resident. He agreed the closing
firm should have been aware of this assessment at the time of the closing but that did not occur
and someone now has to pay for the fee/costs to the City. Mayor Willson noted the property
owner has the option to request remittance from the closing firm.
The City Council expressed its appreciation to staff for the extraordinary amount of work that
goes into code enforcement/compliance and certifying assessments for collection.
Mr. Boganey commented that in this role, the City Council is not a quasi judiciary body but to
some degree is a finder of facts assuring that the assessments being proposed are being applied in
conformance with the ordinance as written in terms of substance and intent. This means there is
latitude to modify an assessment when found the assessment has not been applied in
conformance with the ordinance as written or intended. Mr. Boganey cautioned that once the
City Council starts making modifications to the assessment for other reasons, it creates a
quagmire in how to select one versus another and there is risk that the ordinance becomes
invalidated. In addition, others who were assessed now have a potential claim that they did not j
receive equal treatment under the law,but, rather, discriminatory treatment.
Mayor Willson stated if someone feels they have been discriminated against, there is generally j
legal action in the court system and it is very expensive for the City to defend the City Council's
action in court.
Councilmember Lasman reviewed that the City Council had changed the ordinance wording to
escalate fines because it was found repeat offenders were not taking enforcement seriously. That
was the specific purpose of creating escalating fines. She stated she does not recall a time when
staff was ever asked to look again at all of the appellants and this year it was an enormous
amount of work to reapply the study and put it in a format for the City Council. Councilmember
Lasman stated that she now has a better understanding but is not sure that process should be
precedence.
The City Council agreed with the need to assure life, health, and safety violations are resolved '
prior to occupancy of a property and that the ordinance is working to gain compliance and
licensing of rental properties.
Councilmember Myszkowski agreed with the comment by Councilmember Ryan that it is not the
intention of the City Council for this to be punitive but, in the end, escalating fines becomes
punishing if the property owner refuses to comply. She concurred that the City Council needs to
require compliance because to do otherwise,there no need for the ordinance.
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Councilmember Kleven requested discussion on Item 6e, Amend 2012 City Council Meeting
Schedule to Add Special Budget Work Sessions, in particular City Council Member availability
for the two additional budget meetings.
Mayor Willson indicated he will be out of town on October 1, 2012; however, a full Council is
not required to hold a Special Budget Work Session and in his absence, Mayor Pro Tem Lasman
will facilitate the meeting.
Councilmember Ryan stated he presumes the Monday, October 1 and November 5, Special
Budget Work Sessions will convene at 6:30 p.m. Mr. Boganey confirmed that was the case.
The City Council discussed available dates and consensus was reached to make no change to the
meeting schedule.
Councilmember Myszkowski requested the following correction to the Regular Session minutes
of September 10, 2012:
Page 11, last line of her report
"...sponsored by the League of Women Voters and North Hennepin Area Chamber of
Commerce."
It was the majority consensus of the City Council to accept correction to the September 10, 2012
Regular Session minutes.
MISCELLANEOUS
SCHEDULE SPECIAL MEETING FOR
CITY MANAGER'S PERFORMANCE REVIEW
Councilmember Lasman suggested the City Council schedule the date for the City Manager's
performance.
Following discussion of available dates, City Council consensus was reached to schedule a
Special Meeting for the City Manager's performance review on Monday, October 15, 2012,
starting at 5:30 p.m.
Mr. Boganey stated he will confirm the meeting date with City Attorney LeFevere.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
GROW WITH BROOKLYN CENTER INITIATIVE
Teresa Esler, President of the Brooklyn Center Business Association(BCBA), introduced herself
and described the Grow with Brooklyn Center initiative to reach out to business members to
create a level of engagement and conversation that may be lacking. The initiative will thank
r who have made a commitment to locate in Brooklyn Center and are
providing
business members y p g
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jobs, a social and economic value without which the City cannot grow. Ms. Esler noted that
given the great development underway and good things happening in Brooklyn Center, it is a
good time to say "thank you" and foster this exciting time in Brooklyn Center. The BCBA's
ultimate goal is to create more goodwill with the hope that more businesses will get involved
with community initiatives.
Ms. Esler stated they plan to visit every commercially based business in Brooklyn Center and
give them a plant in a "Grow with Brooklyn Center" logoed pot as well as a logoed recyclable
shopping bag containing resources, business directories, coupons, and information helpful to
businesses in the area.
Ms. Esler presented the City Council and staff with a plant and recycling shopping bag. She
thanked the City Council and City Administration for its support of the BCBA and stated that
fostering a relationship between business and City government will result in good things, noting
the City is a testament to that.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:45 p.m.
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Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study
Session at 6:47 p.m.
Motion passed unanimously.
GROW WITH BROOKLYN CENTER INITIATIVE—CONTINUED
The City Council agreed that the BCBA is a positive initiative that will be well received and
giving a plant is a visible reminder about nurturing growth to reach fruition. The City Council
thanked Ms. Esler for the bags, wished her the best in this effort, and invited her to return to a
future meeting with an update.
ADJOURNMENT
Councilmember Lasman moved and .Councilmember Myszkowski seconded to close the Study
Session at 6:49 p.m.
Motion passed unanimously.
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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
SEPTEMBER 24, 2012
CITY HALL—COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and
Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and
Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Director of
Building and Community Standards Jesse Anderson, 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 Ryan seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
As the invocation, Councilmember Lasman recited the "Boardmember's Prayer."
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and
Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and
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Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Director of
Building and Community Standards Jesse Anderson, 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 Kleven seconded to approve the Agenda
and Consent Agenda, as amended, with amendments to the Regular Session minutes of
September 10, 2012, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. September 10, 2012— Study Session
2. September 10, 2012—Regular Session
6b. LICENSES
MECHANICAL
Albrecht Sign Company, Inc. 7775 Main Street NE, Fridley
Forced Air One 6768 158th Lane NW, Ramsey
General Sheet Metal Company 2330 Louisiana Avenue N., Minneapolis
Perfection Heating and Air 1770 Gervais Avenue, Maplewood
Ray Vinzant Plumbing 1541 Carroll Avenue, St. Paul
RENTAL
INITIAL (TYPE III—one-year license)
5101 Xerxes Avenue N. Dion Ramsey
INITIAL (TYPE II—two-year license)
5556 Emerson Avenue N. Cory Jensen
RENEWAL (TYPE III—one-year license)
1510 69"Avenue N. Troy Pullis
RENEWAL (TYPE II—two-year license)
6769 Humboldt Avenue N. Li-Chwen Su
5308 Lilac Drive N. Paul Baird
6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR
LICENSE SUBMITTED BY CITY OF LAKES NORDIC SKI
FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING
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COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON
OCTOBER 28, 2012
6d. RESOLUTION NO. 2012-126 AUTHORIZING THE COMMUNITY
ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO
APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH
SPORTS PROGRAM
6e. AMEND 2012 CITY COUNCIL MEETING SCHEDULE TO ADD
SPECIAL BUDGET WORK SESSIONS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
—None.
8. PUBLIC HEARINGS
8a. PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY
OMAR ABUISNAINEH, A REQUEST FOR PLANNED UNIT DEVELOPMENT
APPROVAL FOR THE REZONING OF CERTAIN PROPERTIES FROM C1
(SERVICE/OFFICE) DISTRICT AND C2 (COMMERCE) DISTRICT TO A NEW
OVERALL PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE)
DISTRICT, ALONG WITH A REVISED DEVELOPMENT/SITE PLAN
APPROVAL OF A PARKING LOT EXPANSION TO A PROPOSED
RESTAURANT USE, FOR THE PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF BROOKLYN BOULEVARD AND 69TH AVENUE
NORTH,AND ADDRESSED AS 6901 AND 6915 BROOKLYN BOLEVARD
Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission
Application No. 2012-017 for rezoning from C1 and C2 to PUD/C2 and a new development/site
plan of the subject site. It was noted the original development/site plan included the
modification and addition of a new parking lot to the north of the existing commercial building
site to accommodate 25 additional vehicle spaces. Mr. Benetti presented the updated
development and site plans and advised the Planning Commission recommended approval of the
applications at its August 16, 2012 meeting. He explained the Planning Commission, at its
September 13, 2012, meeting reviewed the revised development and site plans and recommended
approval.
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Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
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Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
1. ORDINANCE NO. 2012-05 AMENDING CHAPTER 35 OF THE CITY
CODE OF ORDINANCES REGARDING THE ZONING
CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN
THE NORTHWEST QUADRANT OF THE CITY LOCATED AT 6901
AND 6915 BROOKLYN BOULEVARD
It was noted this ordinance was first read on August 27, 2012; published in the official
newspaper on September 6, 2012; and, is offered this evening for second reading and Public
Hearing.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2012-05 Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning
Classification of Certain Land Generally Located in the Northwest Quadrant Section of the City
of Brooklyn Center, located at 6901 and 6915 Brooklyn Boulevard.
Motion passed unanimously.
2. REVISED DEVELOPMENT/SITE PLAN APPROVAL OF A PARKING
LOT EXPANSION TO A PROPOSED RESTAURANT USE FOR THE
PROPERTY ADDRESSED AS 6901 AND 6915 BROOKLYN BOULEVARD
The City Council commended the new owners for working with the City to address its concerns.
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the revised
Development/Site Plan of the Parking Lot Expansion to the proposed Restaurant Use for the
property addressed as 6901 and 6915 Brooklyn Boulevard.
Motion passed unanimously.
8b. CONTINUED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT
COSTS AND ADMINISTRATIVE FINES/CITATION COSTS
City Manager Curt Boganey introduced the item, noting the Public Hearing had been held on
September 10, 2012, during which many residents appealed the proposed assessments. The City
Council continued the Public Hearing on those specific properties and directed staff to
investigate each of the appeals. The action before the City Council is to reopen the Public
Hearing, accept additional input, and take action on certification of the assessments.
Councilmember Kleven moved and Councilmember Myszkowski seconded to re-open the Public
Hearing.
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Motion passed unanimously.
Darnell Williams, 6006 Camden Avenue N., stated he purchased the home on December 21,
2011, with an FHA loan and was not aware of the items that needed to be fixed at the time of
purchase. He explained he has now fixed everything needed to get the house ready to live in and
the City inspector has indicated he is malting progress. He confirmed he is the official owner of
record and received notices from the City. Mr. Williams stated everything is being worked on
and while he cannot afford to pay the mortgage and also make the repairs, all items needed to
make the house livable are done.
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
provided a special assessment summary and described general considerations of appeals. She
presented the appeal statement and findings for 6006 Camden Avenue and recommendation that
the full amount be specially assessed.
The City Council indicated it is required to uphold the City's ordinances. It was explained the
reasoning behind the ordinance is to assure properties are kept to a certain standard and the fines
escalate upon noncompliance to encourage compliance.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 6006 Camden
Avenue N.to the Hennepin County tax rolls.
Mr. Boganey noted the record shows the property was initially vacant and required certain
improvements and inspection prior to re-occupancy. However, it was reoccupied in violation of
the City's ordinance. He explained the citation notice informs the property owner of the appeal
process but the citations had not been appealed. The City Council acknowledged the record for
6006 Camden Avenue N. shows consistent failure to address serious life, health, and safety
issues, resulting in excessive fines.
Motion passed unanimously.
Magdaline Opare-Addo, 5725 Emerson Avenue N., stated she is the owner but letters went to
Robert Durant so she did not receive anything until a mailed certified notice. At that point, she
called the City and was told the violation was on the garage, which was painted according to the
ordinance. She asked the City Council to remove this assessment.
The City Council reviewed the property record and noted citations had been issued over a two-
month period prior to the garage exterior being brought into compliance.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 5725 Emerson
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
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No one appeared to address 5650 Humboldt Avenue N.
Councilmember Kleven moved and Councilmember Myszkowski seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 5650 Humboldt
Avenue N.to the Hennepin County tax rolls.
Motion passed unanimously.
Trung Duong, 1425 55th Avenue N., explained he lives in Coon Rapids and sometimes does not
get his mail because there is a similar property address. Because of that, he did not receive the
violation letters and only received the letter about the fine. At that time, he called the City and
completed the paperwork but then there was a problem with the Police Department conducting
the security inspections because of a vacation. He stated he filed an appeal and asked the City
Council to remove the fines.
Ms. Schleuning presented the appeal statement and findings for 1425 55th Avenue N. and
recommendation that the $105 be specially assessed to the Hennepin County tax rolls and that
the owner contact staff immediately to reschedule the appeal hearing to address the $1,000
citation issued August 16, 2012. It was noted that if needed, the remaining citations will be
considered during next year's assessment Public Hearing.
Councilmember Lasman moved and Councilmember Ryan seconded to find that City staff has
followed the ordinance requirements and to certify a $105 assessment for 1425 55th Avenue N.
and advise the property owner to resolve the mail problem to assure receipt of legal notices.
Motion passed unanimously.
No one appeared to address 5524 Judy Lane.
Councilmember Kleven moved and Councilmember Myszkowski seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 5524 Judy Lane to the
Hennepin County tax rolls.
Motion passed unanimously.
Brian Krohn, 5924 Abbott Avenue N., stated he has been working on projects the inspector cited
for repairs. At this point, he is finishing painting the house and there are several other smaller
projects that need to be completed. He indicated he is on a budget and doing the best he can.
Ms. Schleuning presented the appeal statement and findings for 5924 Abbott Avenue N. and
recommendation that the full amount be specially assessed. She suggested Mr. Krohn meet with
staff to address on-going compliance.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 5924 Abbott
Avenue N. to the Hennepin County tax rolls.
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The City Council explained it has a duty to assure special assessments for nuisance abatement
actions are in conformance with the substance and intent of the ordinance and consistently
applied because to do otherwise may result in making the ordinance invalid.
Motion passed unanimously.
Reyes Colin Sanchez, 5843 Ewing Avenue N., explained that he purchased the house with his
cousin who later moved out. Because his cousin's name was listed first, the City's citation
notices were sent him. Mr. Sanchez stated he is now the owner of record through a quitclaim
action and as soon as he became aware of the violations, had fixed everything.
Ms. Schleuning presented the appeal statement and findings for 5843 Ewing Avenue N. and
recommendation that the full amount be specially assessed.
Councilmember Myszkowski moved and Councilmember Lasman seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 5843 Ewing
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
Tabith Monari, 6024 Halifax Place, explained they had purchased a vehicle to start a business of
home care but were unable to start the business due to financial losses. She reviewed their
unsuccessful effort to donate the vehicle and resulting delay in towing the vehicle from the
property. Ms. Monari stated she had requested a time extension.
Ms. Schleuning presented the appeal statement and findings for 6024 Halifax Place and
recommendation that the full amount be specially assessed. She explained if a property owner
does not understand the citation, a verbal notice is provided to assure it is clear. Ms. Schleuning
stated the City has no record of an extension request between the two citations and if such a
request had been received, it would have been noted in the record.
Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 6024 Halifax Place to
the Hennepin County tax rolls.
Motion passed unanimously.
Vadim Komisarchiky, property manager of 5349 Sailor Lane, stated this property was issued an
administrative citation for not providing monthly reports as required by the Mitigation Plan. He
suggested the language of the Mitigation Plan is ambiguous, noting when the date is asked for
when repairs are made it is not clear whether that date will be a requirement or considered an
estimate. In addition, the Mitigation Plan does not specify the date that the monthly report is due
or what it should"look like." Mr. Komisarchiky stated he had to specifically ask staff of the date
the report is due and how the report was to be communicated.
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Councilmember Lasman moved and Councilmember Ryan seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 5349 Sailor Lane to the
Hennepin County tax rolls.
The City Council indicated Mr. Komisarchiky should resolve this issue by working with City
staff. Mr. Boganey stated staff is prepared to answer property owner inquiries. The City
Council asked staff to review the language and determine whether it contained ambiguity
relating to the reporting process.
Mr. Komisarchiky stated he did not have the opportunity to appeal the citation and staff had
indicated tonight was his only opportunity to make an appeal. Mr. Boganey clarified that tonight
is the first opportunity to appeal the assessment but not the first time to appeal the citation. He
indicated that the citation includes information in how to appeal the citation.
Motion passed unanimously.
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Sia Yee Vue, 4950 Abbott Avenue N., stated he is a first-time homeowner and explained the
property contained three accessory buildings at the time of purchase. He explained he had only
parked on the grass for ten hours and was also being cited for his pet birds. Mr. Vue stated he
had appealed all three citations.
Ms. Schleuning presented the appeal statement and findings for 4950 Abbott Avenue N. and
noted all three citations were appealed. She reviewed the determination by the hearing officer
and recommended that the full amount be specially assessed.
Mr. Vue stated he has a big family with more than six vehicles. He asked what he can do since
vehicles are ticketed if parked in the yard or on the street. Mayor Willson stated the City's
ordinances do not allow parking on unimproved surfaces and Mr. Vue will have to resolve that
issue to assure he is not cited again.
The City Council indicated it is confident with the decisions reached by the appeal hearing
officer to resolve code issues.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 4950 Abbott
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
Elizabeth Becht, 4718 Twin Lake Avenue, explained they had placed a truck topper on the
gravel driveway alongside the garage while constructing a retaining wall. This allowed them to
use the truck to haul gravel and rocks needed for the wall. Because the wall took longer to
construct than anticipated, she had called City staff several times to ask for an extension. Each
p
time, she had been told it would not be a problem. However, she then received a citation of
$250. Ms. Becht stated this all occurred over a year ago and she had not kept notes about her
09/24/12 -8- DRAFT
calls to staff. She stated they were making improvements to address erosion and did not think
the citation should be assessed.
The City Council asked whether the topper could have been stored in the garage or at another
location. Ms. Becht explained that vehicles are in the garage of this rental property and it was
more convenient to have the topper at this location.
The City Council asked whether the driveway alongside the garage meets ordinance
requirements. Ms. Schleuning displayed a picture of the subject site, noting there is grass and
weeds growing around the topper, which were in violation but not cited.
Councilmember Myszkowski moved and Councilmember Lasman seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 4718 Twin Lake
Avenue to the Hennepin County tax rolls.
Motion passed unanimously.
Rodney Jansen, 2560 Lakewood Lane, Mound, stated he purchased 7106 Halifax Avenue N. in
June of 2010 on a contract for deed. In June of 2012, the contract was canceled and the people
moved out. Mr. Jansen stated he then got a letter about fines for violations and immediately
called the City. The City informed him.that the previous owners had been getting continuing
violation notices. Mr. Jansen stated he made the repairs as soon as he became aware of them.
City Attorney LeFevere responded to the City Council's questions relating to the responsibilities
under a contract for deed when the purchaser fails to perform and the property reverts to the
original owner. It was noted that in this case, Mr. Jansen reclaimed the property and the liens go
with the property.
Councilmember Ryan moved and Councilmember Myszkowski seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 7106 Halifax Avenue
N. to the Hennepin County tax rolls.
Motion passed unanimously.
No one appeared to address 7164 Unity Avenue N.
Mayor Willson noted staff's recommendation is to dismiss the full amount of special
assessments because the citation notices may not have been sent to the property owner's address
in Florida.
Councilmember Ryan moved and Councilmember Lasman seconded to approve City staff
recommendation and dismiss the special assessments on 7164 Unity Avenue N.
Motion passed unanimously.
No one appeared to address 6106 Quail Avenue N.
09/24/12 -9- DRAFT
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Councilmember Kleven moved and Councilmember Lasman seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 6106 Quail Avenue N. to
the Hennepin County tax rolls.
Motion passed unanimously.
No one appeared to address 6753 Humboldt Avenue N.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 6753 Humboldt
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
No one appeared to address 6765 Humboldt Avenue North.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 6765 Humboldt
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
No one appeared to address 2906 66th Avenue N.
Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 2906 66th Avenue N.
to the Hennepin County tax rolls.
Motion passed unanimously.
No one appeared to address 1320 68th Lane N.
Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 1320 68th Lane N. to the
Hennepin County tax rolls.
Motion passed unanimously.
Glenn Oltman, 6407 Fremont Avenue N., reviewed the citations received for a flat vehicle tire
and stated he had installed a privacy fence in the hope of resolving some issues with his
neighbor.
Mayor Willson asked Mr. Oltman to address the citations for no garbage service. Mr. Oltman
stated the property has garbage service through Aspen Waste Systems and he has a copy of the
bill. Mayor Willson asked Mr. Oltman if he can provide documentation from February 2012 and
09/24/12 -10- DRAFT
March 2012. Mr. Oltman stated he just returned from being out of town and only brought a copy
of the most recent bill. He stated he has documentation at home for the other bills and prior to
Aspen Waste Systems had used BFI or Waste Management for garbage service. Mr. Oltman
stated his opinion that the violations are bogus should not be assessed against his property.
Mr. Boganey noted in July of 2011, when the property was cited for a flat tire, it was also cited
for expired vehicle license tabs. Mr. Oltman stated he received one notice of expired tabs and
another time when he had already purchased the license tabs, which he thinks was in July of
2011.
The City Council reviewed the property report and noted discrepancies between the written
record and comments by Mr. Oltman.
Mr. Oltman stated the first garbage company was picking up his garbage even though he did not
pay the bill,which may be why they did not think he had service.
Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 6407 Freemont Avenue N.
to the Hennepin County tax rolls.
Mayor Willson explained that with the lack of any documentation to substantiate Mr. Oltman's
claims of having garbage service,the City Council has no recourse but to follow the ordinance.
Mr. Oltman asked about the flat tire citation, noting he had appealed that citation and went to a
hearing last year. At the hearing, he presented a receipt for the tabs on that vehicle and it was
proven to be the tabs for that vehicle. Ms. Schleuning clarified that item was considered and
resolved at the August 24, 2012 hearing. The hearing officer dismissed $75 and stayed $50.
Motion passed unanimously.
No one appeared to address 6225 Bryant Avenue N.
Councilmember Kleven moved and Councilmember Lasman seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 6225 Bryant Avenue
North to the Hennepin County tax rolls.
Motion passed unanimously.
Edwin Swaray, previous owner of 5405 Queen Avenue N., stated he did not object to the $700
abatement because he had delayed in taking action; however, has an issue with the two other
assessments. Mr. Swaray explained he was cited for vacancy but his son was living in the
property and going to school. The second assessment for $270 was sent to the new homeowner
and then forwarded to him.
The City Council clarified that the only assessment under consideration tonight is the $700
abatement. Mr. Swaray stated the $700 abatement is a legitimate citation and he would like to
09/24/12 -11- DRAFT
make arrangements to pay for it instead of having it certified to the property taxes of the new
property owner.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 5405 Queen
Avenue N. to the Hennepin County tax rolls.
Ms. Schleuning advised there is time for Mr. Swaray to make payment on or before October 10,
2012. After that date, the total will be $740 and start to accumulate interest. Payment can be
made up to November 29, 2012, when the amount is certified to Hennepin County for collection
on the taxes.
Motion passed unanimously.
Courtney Thao Tran, 5836 York Avenue N., stated she purchased the house in May of 2012 and
the assessment was from November 2011. She explained she had called the title company but
they indicated she has to pay the bill. Ms. Thao Tran asked if the City Council can remove or
lower this assessment. Mayor Willson advised that the City Council must uphold the ordinance
and cannot lower the penalty.
Councilmember Lasman moved and Councilmember Myszkowski seconded to find that City
staff has followed the ordinance requirements and to certify the assessment for 5836 York
Avenue N. to the Hennepin County tax rolls.
Motion passed unanimously.
Cherzong Thao, 6525 Noble Avenue North, requested an explanation of the assessment. Mayor
Willson described the $600 citation for a large amount of junk and trash in front of the house that
had been abated by the City.
Councilmember Myszkowski moved and Councilmember Ryan seconded to find that City staff
has followed the ordinance requirements and to certify the assessment for 6525 Noble Avenue N.
to the Hennepin County tax rolls.
Xay Xiong, 3107 65Ih Avenue N., stated she purchased the property but left in 2009 when she
could no longer afford it. Ms. Xion stated the property did not o into foreclosure so she
g g p p Y g
returned in March of 2012 and fixed up the house. She requested clarification on the citation and
assessment that occurred when she was not living at the house.
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Mayor Willson described the $340 citation to remove rotting garbage from the property. Ms.
Schleuning explained it may have involved illegal dumping; however, the City could not verify
it.
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Mr. LeFevere noted that oftentimes property owners come to the hearing and feel, because a fine
is being imposed, that they are being accused of wrongdoing. But, in many cases, the property
owner had no knowledge of the violation, may not have owned the property at the time, or are
09/24/12 -12- DRAFT
doing the best they can do. He advised that the obligations run with the property and it does not
reflect in any way on them personally.
Councilmember Ryan moved and Councilmember Lasman seconded to find that City staff has
followed the ordinance requirements and to certify the assessment for 3107 65th Avenue N. to the
Hennepin County tax rolls.
Motion passed unanimously.
Ms. Schleuning advised that no action is required on the following assessments: 5004 661h
Avenue N.; 6200 Dupont Avenue N.; and, 6319 Perry Avenue N.
There being no further appealed assessments to consider, Mayor Willson closed the Public
Hearing.
1. RESOLUTION NO. 2012-127 CERTIFYING SPECIAL ASSESSMENTS
FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY
TAX ROLLS
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO, 2012-127 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin
County Tax Rolls.
Motion passed unanimously.
2. RESOLUTION NO. 2012-128 CERTIFYING SPECIAL ASSESSMENTS
FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE
HENNEPIN COUNTY TAX ROLLS
Councilmember Lasman moved and Councilmember Myszkowski seconded to approve
RESOLUTION NO. 2012-128 Certifying Special Assessments for Administrative Fines/Citation
Costs to the Hennepin County Tax Rolls.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2012-019 SUBMITTED BY
LOREN VAN DER SLIK/GATLIN DEVELOPMENT. REQUEST FOR
PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 3) TO AMEND THE
PREVIOUSLY APPROVED 2011 SHINGLE CREEK CROSSING PLANNED
UNIT DEVELOPMENT
Mr. Benetti provided an overview of Planning Commission Application No. 2012-019 for a
Planned Unit Development (PUD) Amendment to the approved Shingle Creek Crossing PUD
project. This request is the third amendment proposed under this PUD and would allow Building
09/24/12 -13- DRAFT
D to be expanded from 6,175 sq. ft. to 8,400 sq. ft., along with a drive-thru lane/pick-up window
for the end-cap user of Building D.
Mr. Benetti advised the Planning Commission considered this application at its September 13,
2012, meeting; however, recommended the allowance of Building D to expand but without the
drive-thru lane/pick-up window improvements. The Planning Commission indicated the
developer may request a similar style drive-thru lane under a future site plan review with a
Special Use Permit, which is allowed or provided for under the current C2 (Commerce) district
regulations. A ftiendly amendment to the original Planning Commission Resolution included a
condition that the Developer would "improve pedestrian access from Bass Lake Road (County
Road 10) to be reviewed as part of the final site plan process."
Mr. Benetti answered questions of the City Council relating to adjustments in building size and
need to assure safe pedestrian crossings while not encouraging "j-walking" across Bass Lake
Road.
1. RESOLUTION NO. 2012-129 REGARDING RECOMMENDED
DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-
019 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN
DEVELOPMENT COMPANY) FOR A PLANNED UNIT DEVELOPMENT
AMENDMENT (NUMBER 3) TO THE 2011 SHINGLE CREEK
CROSSING PUD
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012-129 Regarding Recommended Disposition of Planning Commission Application No.
2012-019 Submitted by Loren Van Der Slik (for Gatlin Development Company) for a Planned
Unit Development Amendment(Number 3)to the 2011 Shingle Creek Crossing PUD.
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Motion passed unanimously.
9b. PLANNING COMMISSION APPLICATION NO. 2012-011 SUBMITTED BY
LOREN VAN DER SLIK/GATLIN DEVELOPMENT. REQUEST FOR
PRELIMINARY PLAT APPROVAL OF SHINGLE CREEK CROSSING 2ND
ADDITION, LOCATED IN THE SHINGLE CREEK CROSSING PUD
PROPERTIES
Mr. Benetti provided an overview of Planning Commission Application No. 2012-019 requesting
Preliminary Plat approval of Shingle Creek Crossing 2"d Addition and described the new lot line
locations. He advised the Planning Commission reviewed and unanimously recommended
approval of the applications at its September 13, 2012, meeting. It was noted the final plat will
be presented and considered under separate action by the City Council.
1. RESOLUTION NO. 2012-130 REGARDING RECOMMENDED
DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-
011 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN
DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT
09/24/12 -14- DRAFT
OF SHINGLE CREEK CROSSING 2ND ADDITION
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve
RESOLUTION NO. 2012-130 Regarding the Recommended Disposition of Planning
Commission Application N. 2012-011 submitted by Loren Van Der Slik (for Gatlin
Development Company) for Preliminary Plat of Shingle Creek Crossing 2°d Addition.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 6830 PERRY AVENUE NORTH
Ms. Schleuning advised that 6830 Perry Avenue N. previously had a Type III one-year license.
The property was inspected and 14 property code violations were cited and ultimately corrected.
` There has been one validated police incidents/nuisance calls within the last .12 months. This
qualifies for a Type IV six-month provisional rental license based on the number of property
code violations found during the initial rental license inspection. The p roperty owner is also
required to submit a mitigation plan and report monthly on the progress of that plan. Ms.
Schleuning reviewed actions taken in regard to this rental license application and indicated Staff
has reviewed that mitigation plan and held discussion with the property owner and recommends
approval based on meeting standards in the mitigation plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
No one appeared to address the City Council.
Councilmember Kleven moved and Councilmember Myszkowski seconded to close the hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for 6830 Perry Avenue N., with
the requirement that the mitigation plan must be strictly adhered to before a renewal rental
license would be considered.
Motion passed unanimously.
10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR GEORGETOWN PARK TOWNHOUSES, 700-890 66TH AVENUE NORTH
Ms. Schleuning advised that 700-890 66th Avenue N. (Georgetown Park Townhouses)previously
had a Type II rental license. The property was inspected and 745 property code violations
09/24/12 -15- DRAFT
I
(8.098/unit) were cited and ultimately corrected. There have been 30 validated police
incidents/nuisance calls within the last 12 months. This qualifies for a Type IV six-month
provisional rental license based on the number of property code violations found during the
initial rental license inspection. The property owner is also required to submit a mitigation plan
and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in
regard to this rental license application and capital improvement plan. She indicated Staff has
reviewed that mitigation plan and held discussion with the property owner and recommends
approval based on meeting standards in the mitigation plan.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Scott Gann, property owner of 700-890 66th Avenue N. (Georgetown Park Townhouses), stated
he is available to answer questions and wanted to be sure everything is approved.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
The City Council indicated staff had provided an exhaustive report so it felt confident it had the
information needed to make a decision and that the licensee is working with staff and dealing
with the outstanding issues.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for Georgetown Park
townhouses, 700-890 66th Avenue N., with the requirement that the mitigation plan must be
strictly adhered to before a renewal rental license would be considered:
Mayor Willson indicated he and Ms. Schleuning had met with both Georgetown Park
Townhouse owners and received their commitment to work diligently on this property. The City
Council indicated its appreciation to Mr. Gann for attending the meeting tonight and the owners'
genuine effort to address capital improvements.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Lasman reported on her attendance at the following:
• September 11, 2012, Firehouse Park Neighborhood Meeting
• September 12, 2012, Shingle Creek Crossing Walmart Grand Opening
• September 18, 2012, Brooklyn Boulevard Corridor Study Open House
• September 19, 2012, Crime Prevention Meeting
09/24/12 -16- DRAFT
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Councilmember Lasman thanked the Ahmadiyya Muslim Community and Police Department for
sponsoring the September 21, 2012, blood drive and announced the Fire Department Annual
Open House at the West Fire Station on September 29, 2012.
Councilmember Ryan thanked the Ahmadiyya Muslim Community for sponsoring the blood
drive on September 21, 2012. He encouraged residents to become informed of the ballot, vote at
the November 6, General Election, and described how to obtain an absentee ballot.
Councilmember Kleven reported on her attendance at the following:
• September 11, 2012, Firehouse Park Neighborhood Meeting
• September 12, 2012, Shingle Creek Crossing Walmart Grand Opening
• September 13, 2012, Planning Commission Meeting
• September 14, 2012, Planted spring bulbs with local preschoolers at Hope Garden at
North Memorial Hospice
• September 18, 2012, Rotary Club Meeting
• September 18, 2012, Brooklyn Boulevard Corridor Study Open House
• September 18, 2012, Park and Recreation Commission Meeting
• September 20, 2012, Brooklyn Center Women's Club Annual Book Sale
Councilmember Kleven provided an update on Brooklyn Center housing sales in August.
Councilmember Myszkowski reported on her attendance at the following:
• September 12, 2012, Shingle Creek Crossing Walmart Grand Opening
• September 14, 2012, Second Lady Jill Biden's speech at North Hennepin Community
College
• September 14, 2012, Tour of the new Community Emergency Assistance Program
(CEAP) facility and Northwest Family Services Center
• September 18, 2012, Brooklyn Boulevard Corridor Study Open House
• September 18, 2012, Housing Commission Meeting
• September 21, 2012, Participated in the blood drive
Mayor Willson reported on his attendance at the following:
• September 11, 2012, Firehouse Park Neighborhood Meeting
• September 12, 2012, KARE 11 interview prior to the Shingle Creek Crossing Wal-Mart
Grand Opening
• September 13, 2012, County Board Meeting with Police Chief Benner; however, dispatch
services had been pulled from the agenda
• September 14, 2012, Meeting with Ms. Schleuning and the Georgetown Park Townhouse
owners
• September 20, 2012, Meeting with Mr. Boganey and Dr. McGuire of the Osseo School
District
• September 22, 2012, Meeting with Liberian Representatives as a follow up on the Sister
Cities Program and recent visit of the Liberian Vice President and Ambassador to the
United States
09/24/12 -17- DRAFT
• September 23, 2012, Meeting with Walmart shift manager who conveyed the store has
been extremely busy so an additional 200 Associates will be hired
Mayor Willson provided an update on the meeting he and Mr. Boganey held with Reverend
Collins, who led the Liberian delegation, and the determination reached to accept a single
recommendation from the Brooklyn Center Liberian community and the community in Liberia
for the Sister City Program. Once additional detail and the recommendation are received, it will
be formally considered by the City Council.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 10:24 p.m.
Motion passed unanimously.
09/24/12 -18- DRAFT
City Council Agenda Item No. 6b
COUNCIL ITEM MEMORANDUM
DATE: October 2, 2012
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
SUBJECT: Licenses for City Council Approval✓✓►►
Recommendation:
It is recommended that the City Council consider approval of the following licenses at its
October 8, 2012.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person
has fulfilled the requirements of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in
compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below
the property address on the attached rental report.
MECHANICAL
Applicant Installers of Minnesota 14105 Rutgers Street, Prior Lake
Avid Heating & Cooling 7700 County Road 110 W, Minnetrista
Dean's Professional Plumbing 7400 Kirkwood Court, Maple Grove
Istel's Installation 2500 Hwy 88, Suite 215, St. Anthony
Northland Mechanical Contractors 9001 Science Center Drive,New Hope
Patton Heating 589 Swan Lake Lane NW, Cedar
RENTAL
See attached report.
TOBACCO RELATED PRODUCT
B &K Tobacco Sales,LLC 6840 Humboldt Ave N
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Mission:Ensuring an attractive.,clean,safe,inchisive community that enhances the duality of lifi,
for all people and preserves the public trust
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COUNCIL ITEM MEMORANDUM
Rental License Category Criteria Policy—Adopted by City Council 03-08-10
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I—3 Year 1-2 units 0-1
Type II—2 Year 1-2 units Greater than 1 but not more than 4
3±;units Greater
than 0.75 bit not more:than-1.5
Type III— 1 Year 1-2 units Greater than 4 but not more than 8
3+amts ':Greater than,'L5 `but not more:than 3
Type IV—6 Months 1-2 units Greater than 8
Greater than 3
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year)
No Category 1-2 0-1
Impact 3-4,units 0=9,25
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 Greatet Ilan,l
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the rprality of life
for all people and preserves the public trust
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City Council Agenda Item No. 6c
COUNCIL ITEM MEMORANDUM
DATE: October 2, 2012
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works/City Engineer
SUBJECT: Resolution Rejecting Bids, Improvement Project No. 2012-10, Earle Brown and
Opportunity Area Street Lighting Replacement
Recommendation:
It is recommended that the City Council reject the bids for Improvement Project No. 2012-10,
Earle Brown and Opportunity Area Street Lighting Replacement.
Background:
Bids for the Earle Brown and Opportunity Area Street Lighting Replacement, Project No. 2012-
10, Contract 2012-J were received and opened on October 1, 2012. The bidding results are
tabulated below:
BIDDER TOTAL
Eagan Company $ 358,704.00
Killmer Electric $ 364,614.00
Forest Lake Contracting $ 381,075.00
MP Nexlevel LLC $ 417,322.38
Engineer's Estimate $ 309,130.00
The lighting project has a budget of $232,000, and the low bid received was $358,704,
approximately 54% above the budgeted amount.
The original scope of the $232,000 project included replacing only the street light poles and
luminaires. However, an option of replacing the entire system including underground wiring,
pole foundations and control cabinetry was evaluated with a preliminary estimate of$238,000,
which was discussed at the August 13, 2012, City Council Work Session meeting. Through
subsequent final plan development and final estimating, the City's consulting engineer updated
the project estimate just prior to the bid opening with a cost of$309,130. Understanding that this
estimate exceeded the budget amount, staff proceeded with the bidding, hoping to obtain
favorable bids. However, the bids significantly exceeded the engineer's estimate. It is staff's
opinion that the bids are reasonable but the estimating was inaccurate.
Staff proposes to revise the scope and plans for the project to more closely reflect the originally
planned scope that includes replacement of the street light poles and luminaires in lieu of a total
system replacement. The existing pole foundations and underground wiring are adequate to reuse
with the new system. The three existing lighting control cabinets are in poor condition and
warrant replacement. This revised plan will adequately upgrade the system; will adequately
address structural, environmental and energy efficiency goals by containing LED lighting and
new poles; and will continue to meet the original scope of the project. It is staff's opinion that
this will also result in lower project costs, more closely and within the budgeted amount of
Mission:Ensuring an attractive,clean,snfc:,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
$232,000. While the manufacture and delivery date of the light poles and final installation might
extend into the early part of 2013, it is expected that all necessary preparation work would be
completed prior to winter.
Staff recommends revising the scope and plans as indicated, then rebidding the project and
proceeding with the construction of the project upon successful award.
Budget Issues:
The Street lighting project will be funded out of Streetlight Utility Fund. Re-advertising and
rebidding the project will result in minimal advertising fees, consulting fees, and additional City
staff time.
Council Goals:
Strategic:
7. We will continue to maintain the city's infrastructure improvements
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the qualiov of life
far alipeople and preserves the public trust
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 2012-10,
EARLE BROWN AND OPPORTUNITY AREA STREET LIGHTING
REPLACEMENT
WHEREAS,pursuant to an advertisement for bids for Improvement Project No.2012-
10,bids were received, opened, and tabulated by the City Engineer on the 1 st day of October, 2012.
Said bids were as follows:
BIDDER TOTAL
Eagan Company $ 358,704.00
Killmer Electric $ 364,614.00
Forest Lake Contracting $ 381,075.00
MP Nexlevel LLC $ 417,322.38
Engineer's Estimate $ 309,130.00
WHEREAS, the lowest bid exceeds the City budget amount,which is$232,000; and
WHEREAS,the City desires to reduce the project cost and can potentially accomplish
this by revising the scope and plans for the project from a total system upgrade to a less significant
light pole and luminaire replacement while accomplishing the original project improvement goals,
then re-advertise and rebid the project.
NOW,THEREFORE,BE IT RESOLVED by the City Council ofthe City of Brooklyn
Center, Minnesota, that:
1. The construction contract bids for Improvement Project No. 2012-10, Earle
Brown and Opportunity Area Street Lighting Replacement bids are hereby
rejected. The City Clerk shall return all bid securities provided to the City in
response to the solicitation of bids for said improvement project.
2. City staff shall proceed to revise the scope and plans of the improvement
project and re-advertise to solicit bids for Improvement Project No. 2012-10.
October 8, 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 loo. 6d
COUNCIL ITEM MEMORANDUM
DATE: April 26, 2012
TO: City Council
FROM: Curt Boganey, City Mana .-
SUBJECT: Council Meeting Calendar Amendment
Recommendation:
It is recommended that the City Council consider adding an additional meeting for the City
Manager Performance Review on October 15, 2012, 5:30 p.m. This meeting will be scheduled
in the All America Conference Room.
Budget Issues:
There are no budget issues to consider.
Council Goals:
1. We will provide streamlined, cost effective, quality services with limited resources
2. We will ensure the financial stability of the City
Mission:Ensuring tut attractive,dean,stile,inclusive eonunnni(y that enhances the tlualit),of life
for all people and preserves the public trust
City Council Agenda Item No. 6e
COUNCIL ITEM MEMORANDUM
DATE: October 2, 2012
TO: Curt Boganey, City Manager
FROM: Tim Gannon, Commander
SUBJECT: Alcohol Compliance Agreements
Recommendation:
It is recommended that Council approve the two alcohol compliance agreements from Global
Kitchens and Sun Foods.
Background:
During the March 2012 law enforcement alcohol compliance checks Global Kitchen located
at 6000 Shingle Creels Pkwy and Sun Foods, 6350 Brooklyn Blvd, sold alcohol to an
individual under the age of 21. Employees from both establishments were arrested and
charged. One employee has yet to be convicted and is still at large while the other has
pleaded guilty. Ownership from both businesses has been receptive to the police
department's recommendation and has complied with all mitigation steps. Both businesses
have agreed to the resolution and the police department supports both agreements.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
Mission:Ensuring an attractive,clean,safe community that enhances the qualify of life andpreserves thepublic trust
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR
GLOBAL KITCHEN, INC. DBA GLOBAL KITCHEN AT 6000 SHINGLE
CREEK PARKWAY
WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the
sale of alcoholic beverages to Global Kitchen, Inc., dba Global Kitchen, at 6000 Shingle Creek
Parkway in the City of Brooklyn Center(the "Licensee"); and
WHEREAS, an illegal activity occurred on the licensed premises of the Licensee
on March 15, 2012, specifically, sale of alcoholic beverages to a person under the age of 21 by
an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the
"Violation"); and
WHEREAS,the occurrence of the Violation is not disputed by the Licensee; and
WHEREAS, the City Council regards such activities as very serious matters
warranting the sanctions hereinafter set forth; and
WHEREAS, the Licensee has, to date, maintained a liquor establishment that has
been relatively free of criminal activity relating directly to the sale of alcohol; and
WHEREAS, the Licensee has been generally cooperative in the investigation of
this matter, has demonstrated a willingness and desire to work with City staff in resolving this
matter without putting the City to the expense of an administrative hearing, has expressed an
understanding of the seriousness of the offenses, and has committed to ensuring that such
offenses do not recur; and
WHEREAS, Licensee has identified personnel policies and training, operational
practices, and other means intended to minimize or eliminate such violations in the future and to
assure a safe, responsible and lawful liquor operation, which have been set forth in written
policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment
One, and hereby made a part hereof(hereinafter the "Policies and Procedures"); and
I
WHEREAS, Licensee has represented, and by execution of a copy of this consent
order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set
forth in Attachment One; and
WHEREAS, on the basis of such representation and agreement by Licensee and
assuming continuing compliance therewith,the City is willing to limit sanctions for the Violation
to a civil penalty in the amount of One Thousand Dollars ($1,000); and
i
RESOLUTION NO.
WHEREAS were it not for such representation and agreement of continuing
p g g
compliance with the Policies and Procedures by Licensee, the City would not be willing to so
limit sanctions and is doing so solely on the basis of such representation and agreements of
Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be
imposed for the Violation may be reopened and reconsidered, pursuant to Minnesota Statutes,
§ 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at
any time during the three (3) year period following the date of this Resolution, all as hereinafter
provided; and
WHEREAS, the Council has determined that this Consent Order, resolving issues
relating to sanctions to be imposed by reason of the above-described violation is reasonable,
necessary and in the best interests of the public; and
WHEREAS, the Licensee has freely agreed to waive a statement of written
charges and a hearing thereon and to pay the civil penalty hereinafter described, for the
consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this
agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing
and resolving issues relating to sanctions to be imposed by the City as the licensing authority,
pursuant to Minnesota Statutes § 340A.415.
ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY
COUNCIL ORDERS AND AGREES AS FOLLOWS:
1. The Licensee will pay to the City Finance Director the sum of One
Thousand Dollars ($1,000) payable as follows: One Hundred Dollars ($100) per month for ten
months payable on the first business day of each month beginning with the month following
written notice to Licensee of approval of this Consent Order by the City Council.
2. The Licensee waives a written statement of charges, notice of hearing and
hearing to which it is entitled by Minnesota Statutes § 340A.415.
3. The Licensee admits the occurrence of the Violation.
4. The City will impose, as the sole civil sanction for the Violation, a civil
penalty in the amount of$1,000 payable as set forth in paragraph 1 hereof. This agreement shall
not limit the right of the City to pursue civil remedies or to take any action with respect to the
license that is authorized by state law or City Code for any activity to which this agreement does
not specifically apply and that is a violation of state law or City Code.
5. Except as provided in paragraph 6, in the event of future violations of state
law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity
covered by this agreement. However, admissions of unlawful activity described herein may be
taken into consideration in determining appropriate sanctions in any future cases.
RESOLUTION NO.
6. In the event the City Council determines that Licensee has failed to comply fully
with the Policies and Procedures at any time during the three year period following the date of
this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or
impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided
the total penalty,including the penalty agreed to pursuant to paragraph 1 hereof,shall not exceed
amounts authorized by law.
7. Licensee understands and agrees:
a. That this agreement does not constitute an agreement not to bring criminal
charges for activities described herein;
b. That a decision whether to bring any charges rests within the discretion of
the City prosecuting attorney, the County attorney, or other authorized law enforcement
agencies;
G. That the Licensee freely enters into this agreement without any promises
from the City that no criminal charges will be brought;
d. That this agreement is entered into for the sole purpose of resolving and
settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not I
for the purpose of resolving or settling any potential criminal issues; and
C. That in the event criminal charges are brought against the undersigned,the
Licensee or any of its employees for activities described herein, Licensee will not contest
the validity of this agreement, repudiate, or otherwise challenge this agreement in any
way, by reason of the initiation or prosecution of such criminal proceedings.
F
GLOBAL KITCHEN,INC. ry
By
Its
{
By Order of the City Council of the City of Brooklyn Center this — day of
2012.
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409425v2 CLL BR291-233 3
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RESOLUTION NO.
'i
October 8 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.
RESOLUTION NO.
ATTACHMENT ONE
THM CLQBAL
THE GLOBAL KITCHEN
LIQUOR AND ALCOHOL POLICY , ;
EFFECTIVE:September 18',2012
KITC ITN
Global Kitchen strives to create a safe working environment for the employees.
1. POS SYSTEM: Our cashier system will NOT be able to proceed with any sale of
liquor without entering the.customer's date of birth.The customer must have proper
identification.
■ Once you select a liquor/Alcohol item,it will prompt you to enter the
customer's date of birth.Example:02108183
2. RULE OF THUMB:
■ At table#12 there's 6 adults that look under the age of 40,and one of the
adults orders a bottle of liquor/alcohol.Who's ID should you check?
— You must check everyone that is sitting at table 1112.If someone at
that table is underage,you CANNOT sell to them.NO
EXCEPTIONS!
■ If a parent comes in with their child,you only need to check the parent's ID.
3. CONSEQUENCES: Please understand that you represent Global Kitchen when you
are selling liquor and alcohol.Through out the course of your employment,you will
be tested by city officials.If you fail to comply you will be automatically terminated.
■ Failing to City Officials:
—AUTOMATICALLY TERMINATED
—You will have a record,&Global Kitchen will have a record
—You will be fingerprinted at the police department
—You&Global Kitchen will receive a penalty fine
—It will be very difficult for you to seek other employment elsewhere
4. SAFE ALCOHOL SALES AND SERVICE TECHNIQUES:
■ Be polite but fnm.Explain that you will get into serious trouble if you do not
check everyone's ID. '
■ Know how to read birth dates to determine if aperson is 21 or older.
■ Make sure the picture on the ID matches the person presenting you the ID.
■ Don't fall for any excuses such as"I forgot my license at home."
■
If persons over the age of 21 attempt to share their alcoholic drinks with
minors,ask therm to stop or leave you property,including outdoor areas.'
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Global Kitchen Ligstoi/Alcohol Policy
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409425v2 CLL BR291-233 A-1
RESOLUTION NO.
THE GLOBAL
THE GLOBAL KITCHEN
LIQUOR AND ALCOHOL POLICY
EFFECTIVE:September 18",2012
KITCHEN
■ If a customer gives you a hard time,offer to let them speak to the owner or
manager.
If you are confused about you policy or come across a difficult situation,ask
your supervisor to explain what is expected or how to handle the situation.
■ If in doubt,refuse to sell,
EMPLOYEE ALCOHOL AND LIQUOR AGREEMENT
Minnesota State law prohibits the sale of alcoholic beverage to persons under twenty-one
(21)years of age and to obviously intoxicated individuals.Selling alcoholic beverage to a person
under the age of 21 or to an intoxicated person my result in the suspension or loss of the
establishment's license to sell alcoholic beverages.Our restaurant is dedicated to the safe and
responsible sale and service of alcoholic beverages.
I have read and under the distributed by my manager related to the sale and service of
alcoholic beverages to individuals under the age of 21 and intoxicated persons.Ifa person gives
me a form of identification,I must carefully check to determine if he or she is 21 years or older.I
will discourage over intoxication and will not serve any person who looks or acts obviously
intoxicated even if they have a designated driver.This includes employees and customers.I will
not knowingly seine or sell alcoholic beverages to anyone under the age of 21.
1have read the LiquorlAlcohol Policy and I agree to abide by the above statement,
Employee PRINT Name
Employee SIGNATURE Today's Date
Manager's SIGNATURE Today's Date
Global Kitchen Licluot-1,41cohol Poliq
409425v2 CLL BR291-233 A-2
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR
LENG KU FOR THE SUN FOODS STORE AT 6350 BROOKLYN
BOULEVARD
WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the
sale of alcoholic beverages to Leng Ku for the Sun Foods store at 6350 Brooklyn Boulevard in
the City of Brooklyn Center(the "Licensee"); and
WHEREAS, an illegal activity occurred on the licensed premises of the Licensee
on March 15, 2012, specifically, sale of alcoholic beverages to a person under the age of 21 by
an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the
"Violation"); and
WHEREAS,the occurrence of the Violation is not disputed by the Licensee; and
WHEREAS, the City Council regards such activities as very serious matters
warranting the sanctions hereinafter set forth; and
WHEREAS, the Licensee has, to date, maintained a liquor establishment that has
been relatively free of criminal activity relating directly to the sale of alcohol; and
WHEREAS, the Licensee has been generally cooperative in the investigation of
this matter, has demonstrated a willingness and desire to work with City staff in resolving this
matter without putting the City to the expense of an administrative hearing, has expressed an
understanding of the seriousness of the offenses, and has committed to ensuring that such
offenses do not recur; and
WHEREAS, Licensee has identified personnel policies and training, operational
practices, and other means intended to minimize or eliminate such violations in the future and to
assure a safe, responsible and lawful liquor operation, which have been set forth in written
policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment
One, and hereby made a part hereof(hereinafter the"Policies and Procedures'); and
WHEREAS, Licensee has represented, and by execution of a copy of this consent
order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set
forth in Attachment One; and
WHEREAS, on the basis of such representation and agreement by Licensee and
assuming continuing compliance therewith, the City is willing to limit sanctions for the
Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and
RESOLUTION NO.
WHEREAS, were it not for such representation and agreement of continuing
compliance with the Policies and Procedures by Licensee, the City would not be willing to so
limit sanctions and is doing so solely on the basis of such representation and agreements of
Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be
imposed for the Violation may be reopened and reconsidered, pursuant to Minnesota Statutes,
§ 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at
any time during the three (3) year period following the date of this Resolution, all as hereinafter
provided; and
WHEREAS, the Council has determined that this Consent Order, resolving issues
relating to sanctions to be imposed by reason of the above-described violation is reasonable,
necessary and in the best interests of the public; and
WHEREAS, the Licensee has freely agreed to waive a statement of written
charges and a hearing thereon and to pay the civil penalty hereinafter described, for the
consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this
agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing
and resolving issues relating to sanctions to be imposed by the City as the licensing authority,
pursuant to Minnesota Statutes § 340A.415.
ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY
COUNCIL ORDERS AND AGREES AS FOLLOWS:
1. The Licensee will pay to the City Finance Director, within ten days of receipt of
written notification of approval of this Consent Order by the City Council, the sum of One
Thousand Dollars ($1,000).
2. The Licensee waives a written statement of charges, notice of hearing and hearing
to which it is entitled by Minnesota Statutes § 340A.415.
3. The Licensee admits the occurrence of the Violation.
4. The City will impose, as the sole civil sanction for the Violations, a civil penalty
in the amount of$1,000 payable as set forth in paragraph 1 hereof. ' This agreement shall not
limit the right of the City to pursue civil remedies or to take any action with respect to the license
that is authorized by state law or City Code for any activity to which this agreement does not
specifically apply and that is a violation of state law or City Code.
5. Except as provided in paragraph 6, in the event of future violations of state law or
City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by
this agreement. However, admissions of unlawful activity described herein may be taken into
consideration in determining appropriate sanctions in any future cases.
i
I
RESOLUTION NO.
6. In the event the City Council determines that Licensee has failed to comply fully
with the Policies and Procedures at any time during the three year period following the date of
this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or
impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided
the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed
amounts authorized by law.
7. Licensee understands and agrees:
a. That this agreement does not constitute an agreement not to bring criminal
charges for activities described herein;
b. That a decision whether to bring any charges rests within the discretion of
the City prosecuting attorney, the County attorney, or other authorized law enforcement
agencies;
c. That the Licensee freely enters into this agreement without any promises
from the City that no criminal charges will be brought;
d. That this agreement is entered into for the sole purpose of resolving and
settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415,and not
for the purpose of resolving or settling any potential criminal issues; and .
e. That in the event criminal charges are brought against the undersigned,the
Licensee or any of its employees for activities described herein, Licensee will not contest
the validity of this agreement, repudiate, or pth -wise challenge this agreement in any
way,by reason of the initiation or prosecutiop of ch criminal proceedings.
f
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LENG KU
B Order o the C' Council of the City of Brooklyn Center this day of
-- f City Y Y Y
2012. 1
s
1
RESOLUTION NO.
October 8, 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.
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RESOLUTION NO.
ATTACHMENT ONE
EFFECTIVE MARCH 15TH 2012 POLICY EXTENSION
Sun Foods strives to create a safe working environment for its employees and nearby
community.It is imfornunate that we failed to check an ID for a customer on March 151",
2012:We will learn from this lesson and assure that an incident of this kind will Bever
take place again.Please read the stops below we have taken to prevent this from
occurring.
1. POS SYSTEM-our cashier register system will not be able to proceed with any
sale of liquor or tobacco without a valid ID birth date being entered into the
system with this format DD1MM/YV
- Once you scan a liquor or tobacco items,It will prompt you to enter the
birth date of the individual purchasing the item.
Please remember to only enter the last 2 digits of the year.Ex;1986 must
be entered 86.
- JULY`5TH, 1986 RIRTHDATE MUST 13E ENTERED 07/05186.
- If there is some type of confusion or issue with the register terminal,
Please contact the store inaneger im=diately and DO NOT proceed with
the sale.
- Every customer service register that is ablo to complete the sale of liquor
or tobacco will have proper examples posted on the screens,
2. TRAINING-only customer service representatives that have been properly
trained how to check valid Ids wlli be able to sell tobacco and liquor products.
Training will consist ofrole playing and physically entering the birth date
from the ID into the cashier register.
Cashier's that are unable to check ID's during the training will not be
allowed to sell tobacco or liquor.
• Training udil be monthly for current cashiers and bi monthly for new
cashiers.
3. Special Rules-If a group of adults under the age of 40 approach the cashier lane
and only one purchases a oase of beer,YOU MUST CHECK.ALL IDS of ALL
MEM13ORS IN THE GROUP.
- If any one member of the group does not have au ID or is underage,YOU
CANNOT SELL TO THEM,NO EXCEPTIONS.
- If a parent comes in mith their child,YOU only need to check the ID of
the parent
4. CONSEQUNCES-Please understand that you represent Sun Foods when you are
selling tobacco and liquor.Through out the course of your employment,you will
be tested by city officials and also secret store personals.If you fail to comply
with either secret More personal or city officials,you will be automatically
terminated.
-Falling to City Officials-
-You will have a record;Sun Foods will have a record.
=You will be fingerprinted at the police department,
-You will receive'a penalty#ine;Sun Foods will receive a penalty fine.
-AUTOMATIC TERMINATION.
-It will be difficult for you to fund anotherjob due to your record.
-Failing to secret store personal-
- Automatic termination
- You are notable to receive another job within our organhat on in the
future.
*PLEASE help us make Sun Foods a safe working environment.
409424v2 CLL BR291-233 A-1
City Council Agenda Item No. 8a
COUNCIL ITEM MEMORANDUM
DATE: October 1, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson City Clerk )
SUBJECT: An Ordinance Relating to Criminal History Background Checks for Applicants
for City Employment and City Licenses;Amending City Code Sections 6-125 and
23-003, and Adding City Code Section 23-003.5
Recommendation:
It is recommended that the City Council open the Public Hearing, take public input, close the
Public Hearing, and consider adoption of An Ordinance Relating to Criminal History
Background Checks for Applicants for City Employment and City Licenses; Amending City
Code Sections 6-125 and 23-003, and Adding City Code Section 23-003.5.
Background:
At its September 10, 2012, meeting the Brooklyn Center City Council approved first reading of
An Ordinance Relating to Criminal History Background Checks for Applicants for City
Employment and City Licenses; Amending City Code Sections 6-125 and 23-003, and Adding
City Code Section 23-003.5. Attached are the materials provided at the September 10, 2012,
meeting and the ordinance amendment as it was approved at first reading.
The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing
was published in the Brooklyn Center Sun-Post newspaper on September 20, 2012. If adopted,
effective date will be November 17, 2012.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic
3. We will ensure a safe and secure community
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the duality of life
for all people and preserves the public trust
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 8th day of October, 2012, at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider an ordinance relating to criminal history background checks for applicants for City
employment and City licenses.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at City Hall 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND
CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY
LICENSES; AMENDING CITY CODE SECTIONS 6-125 AND 23-003, AND
ADDING CITY CODE SECTION 23-003.5
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The Brooklyn Center City Code, Section 6-125 is amended as follows:
Seetion 6 125. COM-PUTEPdZED GRIMP�AL HISTORY AND RIVER'S LICENSE
HISTORY PR Q 1IRIES
i
V-TGJ:GV DLTLLS eses of Seetion 12 5, the following iii , wiaaas have i...
�iven them!
vQmt7LT CV11TiGGT-V111SZIInal II3tVlyIII histefies VlUl11VU 1111V Ug11 111V
DepaftmetA of Aiblie Safety.
6 125.30. FiRdings. The City of Breeklyn CetAer- makes the falle�Mng findings fegafdi-ng
i
ORDINANCE NO.
afe finalists for-City positions and who are applying to veltmteef in City pfogfams pfaviding sefviees-
a. Ceftain City employees and volunteefs work independently �Aith and pfavide ptiblie
investigation of per-sons who are fina4ists to fill these eeftaift employment positions Vith the Gity
and who afe applying to volunteer- in City pfogfams#iat pfovide ser-viees to these members of the
I
b. Some City employees work elosely with publie fitfids a-ad aeee:unts and are- ift
employment positions that have aeeess to p-roperty or assets of the City vv-hefe losses afe diffiei-ih
te deteet of pfeve-" in or-def to minimize the fisk that the publie trust will be r
Violated,
.eampiAerized efiminq! 1-istefy inquiries of these individuals who a-re fitWists to be employed i
J„Vl positions e. Sepvffal City employees entef the private heffies of City fesidents an a regwar- basis in
pefsons who are finalists fef stieh positions afe deemed neeessaty te minii-nize the fisk that the personal
saf°ty ofr°n,.lo,.ts in tl,°,r l,om°n , ,:11 1,°, nlntn,l
Ju ,
d. Many City employees a-ad soffie volunteefs > basis, ,
minimize the less of publie pr-opefty and the less ef life in sefietis tfaffie aeeideftts,
t
appfopfiate-
,
t
autematie baf to publie employ�nenl but father- used in assessing the fehabilitation of the finalists
aeeef anee+ ViTf�•CIt Minnesota Statutes, Seetie s 36.01 to TtcT
�°ff rmn„no of.,,,�,efnt or.t n n to tl,° general r,ublin
vllvuuuuv� °
t
,t
following 1V11 ,
}} t
t�
ORDINANCE NO.
b. The pefsen who is,a finalist f6f a position with the City sha4l be pfesepAed wi
per-san shall nat be aliewed to eopAinue in the employment pfeeess faf the position sought.
vWnefable adafts shall be notified that eemputefized efimina4 histefy and/or-driver's heense histefy
111t1U1rleJ YY111 VV VV31
6 125.50. Good Faith Rehaffee an Reeefd Aee-ur-ae . The City may in good f�M rely on
Section 6-125. APPLICANTS FOR CITY EMPLOYMENT
Subdivision 1. Purpose. The purpose and intent of this section is to establish regulations
that will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non-criminal purposes of employment background checks for
the positions described in Subdivision 2.
Subdivision 2. Criminal History Employment Background Investigations. The Brooklyn
Center Police Department is hereby required, as the exclusive entity within the Ci . , to do
a criminal history background investigation on the applicants for the following positions
within the city, unless the city's hiring authority concludes that a background
investigation is not needed: All regular part-time or full-time employees of the City of
Brooklyn Center and all City volunteers who work with children or vulnerable adults.
In conducting the criminal history background investigation in order to screen
employment or volunteer applicants, the Police Department is authorized to access data
maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal
History information system in accordance with BCA policy. Any data that is accessed
and acquired shall be maintained at the Police Department under the care and custody of
the chief law enforcement official or his or her designee. A summary of the results of the
Computerized Criminal History data may be released by the Police Department to the
hiring authority, including the City Council, the City Manager, or other cites
involved in the process of hiring employees or selecting volunteers.
Before the investigation is undertaken, the applicant must authorize the Police
Department by written consent to undertake the investigation. The written consent must
fully comply with the provisions of Minnesota Statutes, Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
Minnesota Statutes, Section 364.09, the city will not reject an applicant for employment
on the basis of the applicant's prior conviction unless the crime is directly related to the
position of employment sought and the conviction is for a felony, gross misdemeanor, or
ORDINANCE NO.
misdemeanor for which a jail sentence may be imposed. If the City rejects the applicant's
request on this basis,the City shall notify the applicant in writing of the following_
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statutes, Section 364.06.
c. The earliest date the applicant may reapply for employment.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
Section 2. The Brooklyn Center City Code, Section 23-003 is amended as follows:
Section 23-003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the
application to the Council for approval, the Cleric shall submit the application to the appropriate
municipal officer for review and comment. Said official shall ias-ue assure that all ordinance
requirements have been complied with, and shall furnish the Council with such additional
information as may be deemed appropriate or as requested. In addition, the officer shall
recommend approval or disapproval of the application, and shall when recommending
disapproval, furnish the Council in writing his or her reasons therefore. The City Clerk or his/her
designee is empowered to conduct any and all investigations to verify the information on the
application,
State D �+ P b lie Safety „ the pl r+ except as provided in Section 23-003.5.
State Lep[.�11111V11�V11 ,
Section 3. The Brooklyn Center City Code is amended by adding new Section 23-003.5
as follows:
Section 23-003.5. LICENSE BACKGROUND CHECKS; APPLICANTS FOR CITY
LICENSES
Subdivision 1. Purpose. The purpose and intent of this section is to establish regulations
that will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non-criminal purposes of licensing background checks.
Subdivision 2. Criminal History License Background Investigations. The Brooklyn
Center Police Department is hereby required, as the exclusive entity within the City, to do
a criminal history background investigation on the applicants for the following licenses !
within the city:
Tobacco Sales, Sections 23-101 through 23-109
Pawnbrokers, Sections 23-601 through 23-630
Secondhand Goods Dealers, Sections 23-650 through 23-678
Taxicabs, Sections 23-701 through 23-712
Saunas or Sauna Baths, Sections 23-1600 through 23-1615
Massage Parlors, Sections 23-1700 through 23-1720
ORDINANCE NO.
Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups,
Escort Services, Model Services, Dating Services or Hostess Services, Sections 23-1800
through 23-1815
Charitable Gambling, Sections 23-1900 through 23-1904
Currency Exchanges, Section 23-2201 through 23-2205
In conducting the criminal history background investigation in order to screen license
applicants, the Police Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehensions Computerized Criminal History
information system in accordance with BCA police data that is accessed and
acquired shall be maintained at the Police Department under the care and custody of the
chief law enforcement official or his or her designee. A summary of the results of the
Computerized Criminal History data may be released by the Police Department to the
licensing authority, including the City Council, the City Manager, or other city staff
involved the license approval process.
Before the investigation is undertaken, the applicant must authorize the Police
Department by written consent to undertake the investigation. The written consent must
fully comply with the provisions of Minnesota Statutes, Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
Minnesota Statutes, Section 364.09, the city will not reject an applicant for a license on
the basis of the applicant's prior conviction unless the crime is directly related to the
license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor for
which a jail sentence may be imposed. If the City rejects the applicant's request on this
basis,the City shall notify the applicant in writing of the following:
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statutes, Section 364.06.
G. The earliest date the applicant may reapply for the license.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
ORDINANCE NO.
Section 4. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this day of 2012.
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Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Stfike Ott indicates matter to be deleted,underline indicates new matter.)
COUNCIL ITEM MEMORANDUM
DATE: August 31, 2012
TO: Curt Boganey, City Manager
FROM: Kevin Benner, Chief of Police
SUBJECT: Proposed Ordinance Amendment
Recommendation:
It is recommended that Council approve the proposed ordinance amendments relating to
criminal history background checks for applicants for city employment and city licenses.
Background:
During a recent Minnesota Bureau of Criminal Apprehension(BCA) audit the Police
Department was infonned that they were unauthorized to conduct criminal history
background checks for applicants for city employment and city licenses based on the current
City ordinance. The current ordinances do not meet the new minimum requirements set forth
by the BCA. The ordinances must specifically state that the Police Department has the
authority to complete the background check. An amended ordinance has been prepared by
City Attorney, Charlie Lefevere, to meet the BCA background check requirements. This
amended ordinance does meet the BCA requirements.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
1��lSS117TI:. 77ST11'111y QII Ulll'llf.'tll'C,ClG'f1T1,SCJfe
community t"lial enhances the!(Tull'Of 4P and preserves the,jll hhe IPTISt I
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 8th day of October, 2012, at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider an ordinance relating to criminal history background checks for applicants for City
employment and City licenses.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at City Hall 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND
CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY
LICENSES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The Brooklyn Center City Code, Section 6-125 is amended as follows:
aeEnon 6 125. CO—�O v P-U T ERRED CRIMINAL 141STO V AND DRIVER'S LICENSE
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fifialists for effiplo�menf positions in the City and who are volunteers in City programs proN4ding
ser,4ees to ehildre-n or vulnerable adults. Nothing in this Seetion shall be eonstfued to prvelude the
City from eonduefing eampr-ehensive bae-kground investigations of appheants for- City emplo�an
positions, ineluding but not lim4ed to aeeessing publio data through other automated and non7
automated sourees and contacting refefences. Nothing in this Seetion shall also be eonstrued to
preelude the City from per-iodieally eondueting a df�vef's lieense inqui upon employees or
volunteer-s where possession of a valid dr-ivff's heense is an essential qualifieation of the osition.
6 125.20. Definitions. Foi! purposes of Seetion 6 125, the following terms hm,e the
mpnrivgs
uiv given them:
a. 11 inquiries"
Criminal rust;,.° Systeni.
b. " "
Department of Publie Saf ty
6 125.30. Findings. The City of Br-ook4yn Center makes the following -findings Fegardin
the need to eonduet eomputerized erfininal histefy and driver's heense MAR— on per-sons
are finalists foi!City positions and who are app!�4ng to volunteer-in Gity programs providing ser-viees
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ORDINANCE NO.
in
Certain Gity employees and volu-i-Aeer-s work ifidependenfly with and pr-ovide publie
serviees to some of the most vu4nerable members of soeiety: eMidfen, senior eitizens, developmental4y
disabled individua4s, and mentally ill per-sons. Proteetion of these vWnerable per-sons waffants
investigation of per-sons who are finalists to fill these eet4ain mTio�ment positions with the cit
and who are applying to volunteer in City programs that provide serviees to these inembers of the
pub
b. Some Qt�, employees work closely with publie funds and aeeounts wid afe
enVioyme-nt positions that have aeoess to property or- assets of the City where losses are diffiewt
to deteet or prevent. in or-def to minimize the risk that the publie ttust will be violated,
eemptiter-ized efiminal histoiy inquifies of those individuals who are finalists to be employed in
s,aeh positions
e. Several City employees enter the private homes of Gity residents on a regular basis in th
persons who are finalists for-such positions afe deemed necessaty to miffiii�ze e risk that the pusonal
safety of residents in theif homes will be violate47
d. Many Gity employees and some volim eer-s operate, on a regular basis, heavy ,
sti!eet maintenanee equipmerA, and/oi:other- City owned motor-vehieles on publie rights of way. hn
order- to minimize the loss of publie pr-operty and the less of life in serious traffie aeoident-,,
eomputer-i-zed e9minal histot=y apA drivff's heense history inquiries of finalists for- sueh positions ar-
a opriate—,
e. In aeeordanee with the state pokey of eneour4ng the re-habilitatio of er4rAflal ,
automatie bar- to publie eaTlo�mei#but rather used in assessing the r4mbilitation of the finalists
aeeordanee with Minnesota Statutes, Seetions 36-4 01 tA :1�4
f This ordinanee cannot guarantee theA eertain groups or indMduals will be pr-oteeted ff
the er-iminal aots of employees or- volunteers; Fatheir, its intent is to minimize eeAain Hisks in the
6 125.40. Auffiorization. The eity manager- or- the eity manage-f's designee is authorized to
following proeeduTes:
a. Only l are finalists for position of ° r.l. nt with the__( •+ who GSL V� VS YY 11V Lll V
applying to volunteer in City programs pr-ovidin ser-viees to eMidren or vulnerable a"Its shall b-o
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ORDINANCE NO.
b,�—The per-son who is a finalist fef a position with the City shall be pfesffited with a
per-son shall not be allowed to eentinue in the employmetit pfoeess for the position sought.
e. Per-sons who afe applying to volunteef in programs that pfevide sen,iees to ehildr-en o
vulnerable adults shall be notified that eamp�utefized eriminal history and/of driver-'s heense history
inaziiri '11 b ,1 + d + +1 rt +' +1.
...,1,,......� ..�,� vv v�ii,.auvwu r.iva �.. �iavu r,ui�iviNucivrri
6 125.50. Good Faith Relianee on Reeor-d Aecwaey. The City may in goodd faith fely o
aeewaey of the eriminal history information Feeeived from > state>
Section 6-125, APPLICANTS FOR CITY EMPLOYMENT
Subdivision 1. Purpose. The purpose and intent of this section is to establish regulations
that will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non-criminal purposes of employment background checks for
the positions described in Subdivision 2.
Subdivision 2. Criminal History Employment Background Investigations. The Brooklyn
Center Police Department is hereby required, as the exclusive entity within the City, to do
a criminal history background investigation on the applicants for the following positions
within the city, unless the city's hiring authority concludes that a background
investigation is not needed: All regular part-time or full-time employees of the City of
Brooklyn Center and all City volunteers who work with children or vulnerable adults.
In conducting the criminal history background investigation in order to screen
employment or volunteer applicants, the Police Department is authorized to access data
maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal
History information system in accordance with BCA policy data that is accessed
and acquired shall be maintained at the Police Department under the care and custody of
the chief law enforcement official or his or her designee. A summary of the results of the
Computerized Criminal History data may be released by the Police Department to the
hiring authority, including the City Council, the City Manager, or other cites
involved in the process of hiring employees or selecting volunteers.
Before the investigation is undertaken, the applicant must authorize the Police
Department by written consent to undertake the investigation. The written consent must
fully comply with the provisions of Minnesota Statutes Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
Minnesota Statutes, Section 364.09, the city will not reject an applicant for employment
on the basis of the applicant's prior conviction unless the crime is directly related to the`
position of employment sought and the conviction is for a felony, gross misdemeanor, or
ORDINANCE NO,
misdemeanor for which a jail sentence maw posed. If the City rejects the applicant's
request on this basis, the City shall notify the applicant in writing of the following_
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statutes, Section 364.06.
C. The earliest date the applicant may reapply for employment.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
Section 2. The Brooklyn Center City Code, Section 23-003 is amended as follows:
Section 23-003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the
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application to the Council for approval, the Clerk shall submit the application to the appropriate
municipal officer for review and comment. Said official shall- issue assure that all ordinance
requirements have been complied with, and shall furnish the Council with such additional
information as may be deemed appropriate or as requested. In addition, the officer shall
recommend approval or disapproval of the application, and shall when recommending
disapproval, furnish the Council in writing his or her reasons therefore. The City Clerk or his/her
designee is empowered to conduct any and all investigations to verify the information on the
application, '
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State D°p^"tffRe * ofPubl e Safety on the plieat*, except as provided in Section 23-003.5.
Section 3. The Brooklyn Center City Code is amended by adding new Section 23-003.5
as follows:
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Section 23-003.5 LICENSE BACKGROUND CHECKS• APPLICANTS FOR CITY
LICENSES
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Subdivision 1. Purpose. The purpose and intent of this section is to establish regulations
that will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non-criminal purposes of licensing background checks.
Subdivision 2. Criminal History License Background Investigations. The Brooklyn
Center Police Department is hereby required, as the exclusive entity within the Cites to do
a criminal history background investigation on the applicants for the following licenses
within the city:
Tobacco Sales, Sections 23-101 through 23-109
Pawnbrokers, Sections 23-601 through 23-630
Secondhand Goods Dealers, Sections 23-650 through 23-678
Taxicabs, Sections 23-701 through 23-712
Saunas or Sauna Baths, Sections 23-1600 through 23-1615
Massage Parlors, Sections 23-1700 through 23-1720
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ORDINANCE NO.
Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups,
Escort Services, Model Services, Dating Services or Hostess Services, Sections 23-1800
through 23-1815
Charitable Gambling, Sections 23-1900 through 23-1904
Currency Exchanges, Section 23-2201 through 23-2205
In conducting the criminal history background investigation in order to screen license
applicants, the Police Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehensions Computerized Criminal History
information system in accordance with BCA policy.Any data that is accessed and
acquired shall be maintained at the Police Department under the care and custody of the
chief law enforcement official or his or her designee. A summary of the results of the
Computerized Criminal History data may be released by the Police Department to the
licensing authority, including the City Council, the City Manager, or other city staff
involved the license approval process.
Before the investigation is undertaken, the applicant must authorize the Police
Department by written consent to undertake the investigation. The written consent must
fully comply with the provisions of Minnesota Statutes, Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
Minnesota Statutes, Section 364.09, the city will not reject an applicant for a license on
the basis of the applicant's prior conviction unless the crime is directly related to the
license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor for
which a jail sentence may by e imposed. If the City rejects the applicant's request on this
basis, the City shall notify the applicant in writing of the following:
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statutes, Section 364.06.
C. The earliest date the applicant may reapply for the license.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
III
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ORDINANCE NO.
Section 4. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this day of 2012.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Strileo:at indicates matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 10a
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COUNCIL ITEM MEMORANDUM
DATE: October 3, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson City Clerk
SUBJECT: Mayoral Appointment of Member to Serve on Housing Commission
`Recommendation:
It is recommended that the City Council consider ratification of the Mayoral appointment of
David Johnson, 3500 Admiral Lane, to the Housing Commission with term to expire
December 31, 2013.
Background:
The Housing Commission is composed of a chairperson and six members. There is one vacancy
on the commission.
Notice of vacancy on the commission was posted at City Hall and Community Center and on the
City's website and aired on Cable Channel 16 since April 25, 2012. Announcement was made in
the May 3 and August 9, 2012, Brooklyn Center Sun-Post, as well as the August 22, 2012,
StarTribune. A letter was sent to those persons who previously had submitted an application for
appointment to a Brooklyn Center advisory commission informing them of the vacancy and
requesting that they call the City Clerk if they are interested in applying for the commission.
They were given the choice of either submitting a new application or having their application
previously submitted considered. Notices were also sent to current advisory commission
members.
A copy of the application received was forwarded to City Council Members in the September 7,
2012, update. Attached for City Council Members only are copies of the application received:
David Johnson 3500 Admiral Lane
The applicant was notified that his application for appointment would be considered at the
October 8, 2012, City Council meeting.
Mayor Willson recommends appointment of David Johnson.
As previously requested by the City Council, the City Advisory Commission Bylaws are not
included in the materials but can be found on the City's website at
www.cityofbrooklyncenter.org. The membership roster is also available at this site and in the
City Council Reference Book.
Budget Issues:
There are no budget issues to consider.
Mission:Ensuring an attractive,cleat,safe community that enhances the quality of life mid preserves the public trust
City of Brooklyn Center
Housing Commission
Geographical Distribution
(Chairperson and Six Members)
Current Members
October 3, 2012
Neighborhoods A plicant_o) = Current Members
Southeast Peggy Lynn
Northeast
Northwest Kathie Amdahl
Chereen Norstrud
L
West Central David Johnson Kris Lawrence-Anderson
Central Judy Thorbus
Southwest Ephraim Otani
One vacancy.
City Council Agenda Item No. 10b
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COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 7113 Palmer Lake Circle
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 7113 Palmer Lake Circle. 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 new rental license. This property qualifies for a Type IV provisional
rental license,based on nine property code violations found during the initial rental license
inspection. Staff from Administration, Building & Community Standards and Police
Departments worked with the property owner regarding a mitigation plan, which requires Phase
I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a
Type IV License. A Mitigation Plan has been developed addressing the requirements of the
ordinance and any issues specific to the property. Therefore, staff is recommending approval of
the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the
attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
05-16-2012 The Owner, Travis Hoff, applied for an initial rental dwelling license for 7113
Palmer Lake Circle, a single-family residential property.
05-29-2012 An initial rental inspection was conducted.Nine property code violations were
cited, see attached rental criteria)
07-06-2012 A second rental inspection was conducted and failed.
07-27-2012 A follow up inspection was conducted and failed.
07-30-2012 A follow up inspection was conducted and passed.
08-03-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
08-31-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a !i
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
09-10-2012 A Mitigation Plan was submitted.
09-12-2012 The Mitigation Plan was finalized.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presewes the public trust
COUNCIL ITEM MEMORANDUM
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the
mitigation plan must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I,II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence,the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council j
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will
consider, among other things,the facility,its management practices,the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license,the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month,the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
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Mission:Ensuring an attractive,clean,safe,inclusive conwuudot that enhances the quality of life
for all people and presems the public trust
COUNCIL ITEM MEMORANDUM
Rental License Category Criteria Policy—Adopted by City Council 03-08-10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license,inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may,upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected,the minimum inspection standards will
be established as follows:
• At least 75%of units will be inspected for properties with 15 or less units.
• At least 25% of units,to include a minimum of 12 units,will be inspected for
properties with 16 or more units.
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Mission:Ensuring an attractive,clean,safe,Inclusive community that enhances the quality of life
for all people and presewes the public trust
COUNCIL ITEM MEMORANDUM
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I—3 Year 1-2 units 0-1
3+units _0-0.75 =
Type II—2 Year 1-2 units Greater than 1 but not more than 4
3±`units Greater.thari 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 l.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 0-025
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
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
- We will ensure a safe and secure community
-We will stabilize and improve residential neighborhoods
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Attachment
-Mitigation Plan
Mission:Ensuring an attractive,clear,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
AnTCity of Brooklyn Center Phone:763-569-3300 TTY 711
6301 Shingle Creek Parkway Fax:763-569-3360
Brooklyn Center,MN 55430-2199 www.cltyofbrooklyncenter.org
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans will not be accepted.Please type or use fellable form on City website.
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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
I
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.
. cfi`on _Requ 9cumen , ,
Elk
Submit the following documents with the Mitigation Plan for approval:
1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include
�p scheduled date in Section C.
I y u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
4 r l 3. Submit written report by 10`h of each month(after license approval).
erection mne) ee_ ousrnrmRu
eI
5711 Use written lease including Crime Free Housing Lease Addendum.
F-712, 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 +,, r , Type IV Mitigation Plan Rev 11-16-11
I
i
F774. Attend City approved eight hour Crime Free Housing course.
Date Course Completed: or Date Course Scheduled: Sept tom,2012
Phase II
Complete Security Assessment and implement all security improvements recommended by the
ELI
Brooklyn Center Police Department,
Date Scheduled: Aug 16th Improvements to be completed by: aS soon as possible
Phase III
I will attend a minimum of 50%of the ARM meetings(two).
I will attend the ARM meetings scheduled for: Sept 13th,2012 & oet 1tth,2012
Do these two meeting dates occur before the*Pending Type IV License expiration date? R Yes❑No
(*See Section-4)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.
77 I will hold regular resident meetings.
Based on condition and age,estimated replacement dates are provided for common capital items. Funding
should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated
replacement date will require earlier corrections.
Date Last Replaced Estimated
Replacement Date
Furnace/AC- home warranty covers all replacements 2000 2015
Water Heater- home warranty covers all replacements 2012 2022
Kitchen Appliances- home wartanty covers all replacements 2017
Laundry Appliances- home warranty covers all replacements 2017
Exterior 2016
-Paint/Siding,fascia,trim as needed 2018
-Windows as needed 2016
-Roof 2015
-Fence NA
-Shed NA
-Garage attached
2019
-Driveway as needed 2019
-Sidewalks as needed 2016
Smoke Alarms&Carbon Monoxide Alarms 2012 2017
Othe s
Implementing the following best practices may assist in the management of your property.
By checking the boxes below,you agree to:
I!v J 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
tl v +3. Evict tenants in violation of the lease and all addendums.
4. Provide lawn/snow service.
✓ 5. Provide garbage service.
® 6. Install security system.
American Home Shield Home Warranty
7. Provide maintenance service plan for appliances. Name of service co.:
✓® 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
9. Other(s):
Please read thoroughly:
If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the 100`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.
Travis Hoff
Owner or Agent Name and Title(Please Print)
8/13/20'12
Owner or Agent Signature Date
Additional Owner or Agent Name and Title(if applicable)(Please Print)
Additional Owner or Agent Signature (if applicable) Date
r Ci Use-- id Fo ty t
ion Plan PIa n A ppaved By
olice Department/Title Dafe
)614-7
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Bufldt)wg&Com unity Standards Department/Title Da
i
Page 3 Type IV Mitigation Plan Rev 11-16-11
I
j
City Council Agenda Item No. lOc
COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 4213 63rd Avenue North
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 4213 63rd Avenue North. 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. The previous license was under the former
two-year license system. This property qualifies for a Type IV provisional rental license based
on 15 property code violations found during the initial rental license inspection and zero
validated police incidents/nuisance calls for the past twelve months. Staff from Administration,
Building & Community Standards and Police Departments worked with the property owner
regarding a mitigation plan,which requires Phase I, II and III of the Crime Free Housing
Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan
has been developed addressing the requirements of the ordinance and any issues specific to the
property. Therefore, staff is recommending approval of the Type IV Rental License on condition
of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for
more information.
The following is a brief history of the license process actions:
02-21-2012 The Owner, Bryan Friendshuh, applied for renewal of the rental dwelling license
for 4213 63rd Ave N, a single family dwelling.
03-22-2012 An initial rental inspection was conducted. Fifteen property code violations were
cited, see attached rental criteria.
05-01-2012 A second rental inspection was conducted and failed.
05-31-2012 The previous rental license expired.
06-01-2012 The follow up rental inspection was canceled by the property manager.
06-21-2012 A follow up inspection was conducted and passed.
06-21-2012 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
07-03-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
07-23-2012 A Mitigation Plan was submitted. A message was left with the owner regarding
missing information.
09-12-2012 A second message was left with the owner regarding missing information on the
Mitigation Plan.
09-18-2012 An email was sent to the owner regarding missing information on the Mitigation
Plan.
09-24-2012 The Mitigation Plan was finalized.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin immediately. The new license will be based on the property code violations found during
the initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chanter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence,the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will
Mission:Ensuring an attractive,clean,safe,inclusive community pity that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
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 properly 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
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people anal preserves the public trust
COUNCIL ITEM MEMORANDUM
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
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 liut notmore than 3
Type IV—6 Months 1-2 units Greater than 8
3+units Greater than 3 -
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide,rape,
robbery, aggravated assault,burglary,theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are"Family or household members"as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2(b) and where there is a
report of"Domestic Abuse"as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 51813.01, Subd. 2 (a).
Mission:Ensuring an attractive,clemu,safe,inclusive community that enhances the quality of life
for all people and presems the public trust
COUNCIL ITEM MEMORANDUM
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 3-4funits 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
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presewes the public trust
ri
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 plaits will not be accepted.Please type or use fellable form on City website.
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Based on property conditions and/or validated police nuisance incidents,the above referenced property
qualifies for a Type IV Rental License. Before your license application can be considered by the City Council,
a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be
submitted immediately to ensure timely completion of the license application process. The Mitigation Plan
should indicate the steps being taken to correct identified violations and the measures that will be taken to
ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an
opportunity to review property concerns and identify possible solutions to improve the overall conditions and
management of the property.
NOTICE:Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance
and Mitigation Plan requirements within this*pending license period and avoid legal actions.
Submit the following documents with ih e-Mitigation Plan for approval:
1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include
scheduled date in Section C.
2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by I Vof each month(after license approval).
so I
FVI 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. -A
Page I Type IV Mitigation Plan Rev 11-16-11
4. Attend City approved eight hour Crime Fiee Housing course;
Date Course Completed:,111012610 or Date Course Scheduled: -
Phase II
f Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department,
Date Scheduled:_8/1512012 Improvements to be completed by: 10/31/2012
�
Phase�III
I I will attend a minimum of 50%of the ARM meetings(two).
I will attend the ARM meetings scheduled for: 9/1302 & 1 vent n
Do these two meeting dates occur before the*Pending Type IV License expiration date? Q Yes�No
(*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal.
I
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.
5t,
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 j
replacement date will require earlier.corrections.:
Date Last Replaced Estimated
Re lacement Date
Furnace/AC- 2004 2024
Water Heater- 2005 2025
Kitchen Appliances- 2004 2024
Laund_v Appliances- 2006 2021
Exterior
-Paint/Siding,fascia,trim 2001 2016
-Windows 1990 2025
-Roof 2007 2027
-Fence wA WA
-Shed.... _. . N/A - WA
-Garage_ 2001 2031
-Driveway _. -.....--._. . .. _ _ 1990. 2015
Sidewalks 2012 2022
Smoke Alarms,&Carbon Monoxide Alarms 2007 2013
Other s
-S ,��IOn�Ste ��k�t�in roxe�M_a�a ement�an��Conllflons of°ro er ��`���''�� ��.
Implementing the following best practices may assist in the management of your property.
BB hhecking the boxes below,you agree to:
w 11. 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
i
i
II
I
V 1.3. Evict tenants in violation of the lease and all addendums.
4. Provide lawn/snow service.
5. Provide garbage service.
6. Install security system.
7. Provide maintenance service plan for appliances. Name of service co.:
8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
® 9. Other(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 10a'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
Bryan Friendshuh
i
Owner or Agent Name and Title(Please Print)
09/20/2012
Owner or Agent Signature Date
i
Additional Owner or Agent Name and Title(if applicable)(Please Print)
Additional Owner or Agent Signature (if applicable). Date
For City Use--Mitiga on Plan Approved By:
Police epartment/Title Vine
�ell
B 'din C ity tandards Department/Title Dat j
I
i
Page 3 Type IV Mitigation Plan Rev 11-16-11
I
City Council Agenda Item No. 10d
COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
r
FROM: Sharon Knutson, City Clerk � "
SUBJECT: Type IV 6-Month Provisional Rental License for 1600 71St Avenue North
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 1600 71St Avenue North. 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. The previous license was a Type III one-
year license. This property qualifies for a Type IV provisional rental license based on nine
property code violations found during the initial rental license inspection and zero validated
police incidents/nuisance calls for the past twelve months. Staff from Administration,Building
& Community Standards and Police Departments worked with the property owner regarding a
mitigation plan,which requires Phase I, II and III of the Crime Free Housing Program, and other
items included by City ordinance for a Type IV License. A Mitigation Plan has been developed
addressing the requirements of the ordinance and any issues specific to the property. Therefore,
staff is recommending approval of the Type IV Rental License on condition of adherence to the
Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
04-27-2012 The Owner, Pavel Sakurets, On Time Contractors, applied for renewal of the
rental dwelling license for 1600 71St Ave N, a single family dwelling.
07-16-2012 An initial rental inspection was conducted.Nine property code violations were
cited, see attached rental criteria.
07-31-2012 The previous rental license expired.
08-20-2012 A second rental inspection was conducted and passed.
08-20-2012 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
09-04-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I,II, and III of Crime
Free Housing Program, etc.
09-13-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
I
i
COUNCIL ITEM MEMORANDUM
09-20-2012 A Mitigation Plan was submitted.
09-24-2012 The Mitigation Plan was finalized.
09-26-2012 A$300 Administration Fine was issued for operating without a valid rental
license.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
Prior Type III license approval activities:
05-17-2011 Pavel Sakurets On Time Contractors applied for a renewal of the rental dwelling
license for 1600 71st Avenue, a single-family residential property. I
06-17-2011 An initial rental inspection was scheduled and the owner did not meet the
inspector on site.
07-08-2011 An initial rental inspection was conducted. (Five property code violations were
cited, see attached rental criteria).
08-11-2011 A second rental inspection was conducted and passed.
08-12-2011 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
09-12-2011 A Type III Rental License was issued.
09-14-2011 A letter was sent stating an action plan must be submitted.
09-30-2011 Another reminder letter was sent stating an action plan must be submitted.
11-14-2011 An Action Plan was received.
11-18-2011 An Action Plan was approved. j
11-22-2011 A letter stating the final requirements was sent to the owner including a copy of
the signed Action plan.
If approved, after six months, a new rental license will be required. The license process will
begin immediately. The new license will be based on the property code violations found during
the initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
i
also be met.
I
Excerpt from Chapter 12 of City Code of Ordinances:
i
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.
i
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life �
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, 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.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
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 h
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. j
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 0-03- 5
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
I
Type III— 1 Year 1-2 units Greater than 4 but not more than 8
3+units Greater than L5 but not more than 3
Type IV—6 Months 1-2 units Greater than 8
3±units Greater than 3
b. Police Service Calls.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
I�
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide,rape,
robbery, aggravated assault,burglary,theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are"Family or household members" as defined in the Domestic
Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a
report of"Domestic Abuse"as defined in the Domestic Abuse Act,Minnesota Statutes,
Section 51813.01, Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service &Part I Crimes
(Calls Per Unit/Year)
No Category 1-2 0-1
Impact 3A units 0-0.25
5 or more units 0-0.35
Decrease 1 1-2 Greater than 1 but not more than 3
Category 34 units Greater than 0.25 but not more than I
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1-2 Greater than 3
Categories 3-4 units Greater Than 1
5 or more units Greater than 0.50
Budget Issues:
I
There are no budget issues to consider.
Council Goals:
Strategic:
- We will ensure a safe and secure community
- We will stabilize and improve residential neighborhoods
Attachment
-Mitigation Plan
Mission:Ensuring an attractive,clean:,safe,inclusive community that enhances the quality of life
for all people anal preserves the public trust
City of Brooklyn Center Phone.-763-569-3300 TTY711
630I Shingle Creek Parkway Fax:763-569-3360
Brooklyn Center,MN 55430-2199 www.cltyofbrooklyncenter.org
Rental License Mitigation Plan--Type IV Rental License
L•andwritten plans will not be accepted.Please type or use fillableform on City website.
• ection A:Property'Information
Property Address:1600 71 St Ave N
OwnerNarne'On Time Contractors,Real Estate Division.LLC Local Agent:
Vadim Komisarchik
7
Owner Address: Agent Address:
809 Mainstreet,Hopkins,MN 55343 j 809 Ma,insireet,Hopldnt,-MN 55343
Owner Phone,*651
.235.8972 Agent Phone:.612.214.0 6544
Owner Email: Aoent Email:
pavel@ontimecontractors.com vadim@ontimepropertymandgement.com
Rental License: New FEIRenewal: Current License Expiration Date:713112012
*P Exp.Date-
ending Type IV License Ex
(Six inonth`j6n current license ex plratlon)
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 ofthe 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 comoliance 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.
2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
F-13. Submit written report by 100'ofeach month(after license approval).
Section C-
-Phase I
571 . Use written lease including Crime Free Housing Lease Addendum.
2. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
L 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums.
Page 1 Type IV Mitigation Plan Rey 11-16-11
i
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4. Attend City approved eight hour Crime Free Housing course.
Date Course Completed:8114=11 or Date Course Scheduled:
i
Phase It
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
Date Scheduled: TBD Improvements to be completed by:
Phase 1111 i
1 will attend a minimum of 50%of the ARM meetings(two). kt
I will attend the ARM meetings scheduled for: 4"Q"4 ti 1a I's-- &'W e w t td 13
�r I
Do these two meeting dates occur before the*Pending Type IV License expiration date?[]Yes 0 No
7(*See,Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal.
4�I will have no repeat code violations previously documented within the past year.
For properties with four or mare units:
® I will conduct resident training annually that includes crime prevention techniques.
1 will hold regular resident meetings.
Section t)',-Lon 'term Capital lifilproy emeri
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 placement date will require earlier corrections.
Date Last Replaced Estimated
Replacement Date
Furnace/AC- 71112020
Water Heater- 7/2012020
Kitchen Appliances- 712012020
Laundry Appliances- 7/2012020
Exterior 7/2012020
-Paint/Siding,fascia,trim 7/112011
-Windows 7/2012020
-Roof Man=
-Fence 712012020
-Shed 712012020
-Garage 712012020
-Driveway 7/2012020
-Sidewalks 712012020
Smoke Alarms&Carbon Monoxide Alarms 7/112012
Other(s)
Section E 'Ste`s to Improve Management.gaOOndit bus of frb6
Implementing the following best practices may assist in the management of your property.
By Checking the boxes below,yan 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
i
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I
3. Evict tenants in violation of the lease and all addendums.
r/ 4. Provide lawn/snow service.
S. Provide garbage service.
6. Install security system. Nicolle{Appliance
7. Provide maintenance service plan for appliances. Name of service co
8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
9. Other(,):
Please read thoroughly:
If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than'the 100i 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.
Vadim Komisarchik
Owner or Agent Name and Title(Please Print)
9/14/2012
Owner or Agent Signature Date
Additional Owner or AgentName and Title(ifopplicable)(Please Print)
Additional Owner or Agent Signature (fapplicable) Date
For Cit}'Luse--hti?ie atica Pl uu:\Ppr:Tre l tap: ///
P ice 35epartment/Title D e
a--
Bu'din & m ty Standards Department/Title Date
Page 3 Type IV Mitigation Plan Rev 11-16-11
City Council Agenda Item No. 10e
i
COUNCIL ITEM MEMORANDUM
DATE: October 8,2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk JMW �
SUBJECT: Type IV 6-Month Provisional Rental License for 5401 Brooklyn Boulevard
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 5401 Brooklyn Boulevard. If the Council
chooses not to issue the license, it is recommended that the motion be to direct staff to prepare
proposed findings for denial of the rental license for the next Council meeting.
Background:
This owner is applying for a renewal rental license. The previous license was a Type II two-year
license. This property qualifies for a Type IV provisional rental license based on ten property
code violations found during the initial rental license inspection and zero validated police
incidents/nuisance calls for the past twelve months. Staff from Administration,Building&
Community Standards and Police Departments worked with the property owner regarding a
mitigation plan,which requires Phase 1, II and III of the Crime Free Housing Program, and other
items included by City ordinance for a Type IV License. A Mitigation Plan has been developed
addressing the requirements of the ordinance and any issues specific to the property. Therefore,
staff is recommending approval of the Type IV Rental License on condition of adherence to the
Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
03-20-2012 The Owner, Duane Orn, applied for renewal of the rental dwelling license for
5401 Brooklyn Boulevard, a single family dwelling.
04-10-2012 An initial rental inspection was conducted. Ten property code violations were
cited, see attached rental criteria.
05-09-2012 A second rental inspection was conducted and failed.
06-28-2012 A follow up inspection was conducted and passed.
06-28-2012 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
06-30-2012 The previous rental license expired.
07-03-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
07-25-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
Mission:Ensuring an attractive,clean,safe,inclusive conununity that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
rental license. Le. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
09-11-2012 A Mitigation Plan was submitted.
09-24-2012 The Mitigation Plan was finalized.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin immediately. The new license will be based on the property code violations found during
the initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chanter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence,the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices,the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan t
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the parblie trust
i
i
COUNCIL ITEM MEMORANDUM
submitted by an applicant already under a provisional license,the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy—Adopted by City Council 03-08-10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect,monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
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.
Mission.Ensuring an attractive,clean,safe,inclusive con7munity that enhances the quality of life
for all people and presewes the public trust
COUNCIL ITEM MEMORANDUM
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 an 0.75 but not more than
th L5___
Type III— 1 Year 1-2 units Greater than 4 but not more than 8
3+units Greater than 1.5 but not"more than 3
Type IV—6 Months 1-2 units Greater than 8
3+units Greater than 3
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide,rape,
robbery, aggravated assault, burglary,theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members"as defined in the Domestic
Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a
report of"Domestic Abuse" as defined in the Domestic Abuse Act,Minnesota Statutes,
Section 51813.01, Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service& Part I Crimes
(Calls Per Unit/Year)
No Category 1-2 0-1
Impact 34 units 0-0.25
5 or more units 0-0.35
Decrease 1 1-2 Greater than 1 but not more than 3
Category 13-4 units ' Greater than 0.25 but not more than 1
Mission:Ensuring an attractive,clean,safe,inclusive conummity that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 -1-2 - Greater than 3
Categories i4-u-n-its Greater an-
5 or more units Greater than 0.50
6�
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
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people anal preserves the public trust
City of Brooklyn Center Phone:763-569-3300 TTY 711
6301 Shingle Creek Parkway Fax:763-569-3360
Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org
maxammim
- `a-$'.k'=- ''wY�•''"-..` ,"'€`si_A=,i` '^dtj.��•.�i] ilti •+i*;:---._:___-_,".�.' .:`nt.':`-_.':cam,:. ., ''.
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans will not be accepted Please type or use fellable form on City website. _
Property gddress 5401 Br60k1ynB00evard'
ownerNme.Northport ProperEies'.':= ocal Agent wane Qrn, MD
Owner. ressi. ' Agertf,Address'
54 5 Brooklyn Boulevard ` ::5415 Braoklyri'Boulevard
Owner Phone:763-581-5630 . Agent Phone'763 58'.1=5631
Owner'Email: . ..
JA geft E>iiail �� "ne'.orri @northmeliior'iaLcbr7i
Rcntal'Y icense: _❑ New �'ReriewIr . CulientLicense> xpiiatiot`iISate:06130/12
Pending Type IV:license Exp.Date:'
Ix,moritFrs oritcurrcXt license er iratioiz
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 PIan requirements within this*pending license period and avoid legal actions.
Section`.B'-Required Dogigk _
$. ✓ r
Submit the following documents with the Mitigation Plan for approval:
I v i 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include
F71scheduled date in Section C.
Lv it 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10'h of each month(after license approval).
;Secron C=Grime;.Tree IHousiri`'pro ram Re: uiremenls
e1
,/JI, Use written lease including Crime Free Housing Lease Addendum.
C_1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
v 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 I Crime Free Housing course.
_ err
Date Course Completed: o, f or Date Course Scheduled:
Phase 1I
t v Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
XT_
Date Scheduled:_ g op It i" Improvements to be completed by: Z 3
,1 L
Phase III
I will attend a minimum of 50%of the ARM meetings(two).
I will attend the ARM meetings scheduled for: 7 /.l /1— & 9�S AL:
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 ,:Lon ;Term Ca`i4 - .>ov6"'P al
Based on condition and age,estimated replacement dates are provided for common capital items. Funding
should be considered accordingly, However,items broken,worn or otherwise in violation prior to the estimated
replacement date will require earlier corrections.
Date Last Replaced Estimated'
Replacement Date
Fumace/AC- 2004 2029
Water Heater- 2010 2025
Kitchen Appliances- 2002 2022
Laundry Appliances- 2002 2022
Exterior 04/25112 2032
-Paint/Siding,fascia,trim 04125/12 2032_
-Windows 04125112 2032
-Roof 04125112 2032
-Fence none none
-Shed none none
Garage 04/25/12 2032
-Driveway 04125/12 2037
-Sidewalks none none
Smoke Alarms&Carbon Monoxide Alarms 04/25112 2022
Other(s)
Section m itions of Pro ;er
Implementing the following best practices may assist in the management of your property.
By checking the boxes below,you agree for
® 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
i
3. Evict tenants in violation of the lease and all addendums.
4. Provide lawn/snow service.
5. Provide garbage service.
®6. Install security system.
7. Provide maintenance service plan for appliances. Name of service co.:
8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
9. Other(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 IWh 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.
Northport Properties
Owner or Agent Name and Title{Please Print)
atiOwner or A en Signature bat
i
Additional Owner or Agent Name and Title(ifapplicable)(Please Print)
Additional Owner or Agent Signature (i(applicable) Date
rer Clty l tse—M tigatior-Pirni Approved Dy:
Police D partment/Title Da
i
a----
Bui i &kq>mtmit Standards Department/Title Date
Page 3 Type IV Mitigation Plan Rev 11-16-11
I
i
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City Council Agenda item No. lOf
i
COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 5432 Dupont Avenue North
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 5432 Dupont Avenue North. 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. The previous license was a Type II two-year
license. This property qualifies for a Type IV provisional rental license based on ten property
code violations found during the initial rental license inspection and zero validated police
incidents/nuisance calls for the past twelve months. Staff from Administration, Building&
Community Standards and Police Departments worked with the property owner regarding a
mitigation plan,which requires Phase I,II and III of the Crime Free Housing Program, and other
items included by City ordinance.for a Type IV License. A Mitigation Plan has been developed
addressing the requirements of the ordinance and any issues specific to the property. Therefore,
staff is recommending approval of the Type IV Rental License on condition of adherence to the
Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
03-08-2012 The Owner,Xiangming Guan applied for renewal of the rental dwelling license
for 5432 Dupont Ave N, a single family dwelling.
03-29-2012 An initial rental inspection was conducted. Ten property code violations were
cited, see attached rental criteria.
05-01-2012 A second rental inspection was conducted and failed.
05-31-2012 The previous rental license expired.
06-06-2012 A follow-up inspection was conducted and failed.
06-20-2012 A follow-up inspection was conducted and failed.
06-22-2012 The inspector discussed by phone with the owner the appropriate method required
to make the corrections.
07-27-2012 $300 in reinspection fees were paid.
07-30-2012 The rental inspection passed.
07-30-2012 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
08-03-2012 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
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people anal preserves the public trust
COUNCIL ITEM MEMORANDUM
license. Le. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
08-20-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. Le. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
08-31-2012. A $125 Administration Citation was issued for not submitting a mitigation plan.
09-20-2012 A Mitigation Plan was submitted.
09-21-2012 The Mitigation Plan was finalized.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin immediately. The new license will be based on the property code violations found during
the initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presewes the public trust
i
i
COUNCIL ITEM MEMORANDUM
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 b the Council. No later than the tenth day after each calendar
pp Y Y
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
i
1. Determining License Categories.
II
License categories are based on property code and nuisance violations noted during the initial or j
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.
I
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.
II
a. Property Code and Nuisance Violations.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
I
i
i
COUNCIL ITEM MEMORANDUM
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may,upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units,will be inspected for
properties with 16 or more units.
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 I but not more than 4
Greater than 0.75 but not-more than 15
Type III— 1 Year 1-2 units- Greater than 4 but not more than 8
3+units `= Greater than 1.5 but not more than 3
Type IV—6 Months 1-2 units Greater than 8
3+units Greater than 3
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide,rape,
robbery, aggravated assault, burglary,theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are"Family or household members"as defined in the Domestic
Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2(b) and where there is a
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presems the public trust
COUNCIL ITEM MEMORANDUM
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 0-0 25i�
5 or more units 0-0.35
Decrease 1 1-2 Greater than I but not more than 3
-
Category TOTA an 25R b w
t not-more than-
5 or more units Greater than O.35 but not more than 0.50
Decrease 2 1-2 Greater than 3
Categories 3-4 units reat eriliddA
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
Mission:Ensuring an attractive,clean,safe,inclusive conununity that enhances the quality of life
for all people and preserves the public trust
City of Brooklyn Center Phone:763-569-3300 TTY711
6301 Shingle Creek Parkway Fax:763-569-3360
Brooklyn Center,MN 55430.2199 www.cityofbrooklyncenter.org
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans will not be accepted.Please type or use ftllable form on City website.
Seaton;A=property Information
Property Address:5432 Dupont Ave N
Owner Name:Xiangming Guan Local Agent:Eric Cobb
Owner Address: Agent Address:
1417 7th St.Brookings South Dakota 57006 4542 Nicollat Ave S Minneapolis,MN 55419
Owner Phone: Agent Phone:612-236-9296
Owner Email:Xiangming.Guan @sdstate.edu AgentEmail:eric@urbanrent.com
Rental License: 0 New E Renewal: Current License Expiration Date: S ?III jN.. r
*Pending Type IV License Exp.Date: It 3t L �t-
(Six montlxsfivm current license ex,irationJ
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 ofthe 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;R_Required Documents
Submit the following documents with the Mitigation Plan for approval:
I 11. Crime Free Housing Program Training Certificate(if completed,if not completed,please include
scheduled date in Section C.
✓ 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10'h of each month(after license approval).
Section G-Crime Free Hpuing Pro rain Requirements.
F-PV11 I eI, Use written lease including Crime Free Housing Lease Addendum.
5712. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3. Pursue the eviction of tenants svho violate the terms of the lease or any addendums.
Page 1 Type IV Mitigation Plan Rev 11.16-11
4. Attend City a pP roved eight hour Crime Free Housing course.
Date Course Completed: NN9 or Date Course Scheduled:
Phase U
ED Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department. "�
Date Scheduled: September 10,2012 Improvements to be completed by: 2-
i
Phase III
01 will attend a minimum of 50%of the ARM meetings(two).
I will attend the ARM meetings scheduled for: January 12 &;Match
I
Do these two meeting dates occur before the*Pending Type IV License expiration date?❑Yes No
-y�(*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal.
�-
� e �t will have no repeat code violations previously documented within the past year.
i
i
For properties with jour or more units:
I will conduct resident training annually that includes crime prevention techniques.
L_1 1 will hold regular resident meetings.
Section ID.—4w Term Capital Im rovemetits 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 corrections.
Date Last Replaced Estimated
Replacement Date
Furnace/AC- 1984 2024
Water Heater- 2007 2014
Kitchen Appliances- 2010 2020
i
Laundry Appliances- 1999 2015
Exterior
-Paint/Siding,fascia,trim 2011 2016
-Windows 1995 2030
-Roof 2001 2031
-Fence NA NA
-Shed NA NA
-Garage 1947 2047
-Driveway 1947 2020
-Sidewalks 1947 2020
i
Smoke Alarms&Carbon Monoxide Alarms every year
Other(s)
oily
Section E Steps to Im rpve'Mana ement and Conditions of Pilo
Implementing the following best practices may assist in the management of your property.
By checking the boxes below,you agree to:
�✓ 1. Check in with tenants every 30 days.
2. Drive by property to check for violations twice a month.
i
Page 2 Type IV Mitigation Plan Rev 11-16-11
i
3. Evict tenants in violation of the least and all addendums. �
d. Provide lawnlsnow service.
5. Provide garbage scrvi e.
b. Iniiall scturity sySem.
Q7. Provide mainteuar e:service plan for apptiancei. Name of service co.
8. 1 um and will rcmtun current on payment of utility fees,taxes,asscssrn mts,fines,penalties and other
financial claims due to the City.
ED 9. olhe�$): _
Vicase react thoroughly:
If the Type 1V Mental Liceoss is approved by the City Council,tls^,Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the to of each calendar month,the iicensce must
submit to tlw Building and Community Standards Department a%witten report describing All strp&taken to
comply with the Mitigation Plan.
I verify that all information pvvidad above is true and ao;aumtc. I understand that if I do not comply with an
approved Mitigation Plan,c"ply with all applicable ordinances within the liccn ie period,or operate beyond
the license expiration data;enforcement actions such as citations,formal complaint or license review may
result.
Eric Cobb, President Urban Enterprises, Inc
CArrrcr or Agent Name and Tice(Pleats Print)
, i 9.5/2012
Owner or Agent Signature Date
Candace Cobb; Property Manager
Adcktlonal Owner or AgeX Name and Title fifq> rrlkWe)fPlcaw Print)
41 _916/2012
A grad ner o Agent signature lifiwicrale) Dak
PcrC' r -t�1` ionRmn,4ppraexdt3y;
abet Department 1 Title to
Cl
i361IN44k mmunity Standards Depastrnent/Title We
Page 3 Type IV Litigation PWn Rev 11.16.11
i
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I
City Council Agenda Item No. lOg
COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk rLti
SUBJECT: Type IV 6-Month Provisional Rental License for 6913 Toledo Avenue North
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 6913 Toledo Avenue North. 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. The previous license was a Type II two-year
license. This property qualifies for a Type IV provisional rental license based on nine property
code violations found during the initial rental license inspection and zero validated police
incidents/nuisance calls for the past twelve months. Staff from Administration,Building&
Community Standards and Police Departments worked with the property owner regarding a
mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other
items included by City ordinance for a Type IV License. A Mitigation Plan has been developed
addressing the requirements of the ordinance and any issues specific to the property. Therefore,
staff is recommending approval of the Type IV Rental License on condition of adherence to the
Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
06-26-2012 The Owner, Fred Hanus, applied for renewal of the rental dwelling license for
6913 Toledo Ave N, a single family dwelling.
07-30-2012 An initial rental inspection was conducted. Nine property code violations were
cited, see attached rental criteria.
08-28-2012 A second rental inspection was conducted and passed.
08-28-2012 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
09-04-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
9-13-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I,II, and III of
Crime Free Housing Program, etc.
09-14-2012 A Mitigation Plan was submitted.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the duality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
09-18-2012 The Mitigation Plan was finalized. �
09-30-2012 The previous rental license expired.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the
mitigation plan must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
I. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence,the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
Mission:Ensuring an attractive,clear,safe,inchisive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5. Compliance with Mitigation Plan. The licensee sha ll comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month,the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy—Adopted by City Council 03-08-10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
i
4. License Category Criteria.
a. Property Code and Nuisance Violations. j
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may,upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In
cases where 100%of the units are not inspected,the minimum inspection standards will
be established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units,to include a minimum of 12 units,will be inspected for
properties with 16 or more units.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
i
COUNCIL ITEM MEMORANDUM
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I—3 Year 1-2 units 0-1
-
Type II—2 Year 1-2 units Greater than 1 but not more than 4
3+units Greater than_0 75 but nmore Phan 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
1
1
COUNCIL ITEM MEMORANDUM
Budget Issues: �
There are no budget issues to consider.
Council Goals:
Strategic:
- We will ensure a safe and secure community
- We will stabilize and improve residential neighborhoods
Attachment
-Mitigation Plan
i
i
Ii
i
i
i
i
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people anal preserves the public trust
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center,MN 55430-2199
Rental License Mitigation Plan—Type N Rental License
Handwritten plans will not be accepted Please type or useJlllable form on City website.
Section A—Property Information
Property Address:6913 Toledo Ave, N, Brooklyn Center
Owner Name:Fred HanUS, LLC Local Agent:
Owner Address: Agent Address:
15801 West Oaks DR,Minnetonka,MN 55345
Owner Phone:9-52-935-4094 or 480-766-2499 Agent Phone:
Owner Email:SfnWhanUS e80l.COfT1 Agent Email:
Rental License: ❑ New Q Renewal: Current License Expiration Date:May 31,2013
*Pending Type IV License Exp.Date.Nov 30,2013
Six monffisfrom 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
�p scheduled date in Section C.
I
V1 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10'b of each month(after license approval).
Section C—Crime Free Housing Program Requirements
I
1. Use written lease including Crone 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
0 4. Attend City approved eight hour Crime Free Housing course.
Date Course Completed: API 8,2009 or Date Course Scheduled:
Phase II
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
Date Scheduled:q Improvements to be completed by:
Phase III
I will attend a minimum of 50%of the ARM meetings(two).
I will attend the ARM meetings scheduled for: September 73,2012 & November a,2012
Do these two meeting dates occur before the*Pending Type IV License expiration date? ll Yes❑No
� (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal.
-,-7
I will have no repeat code violations previously documented within the past year.
For properties with four or more units:
711® I will conduct resident training annually that includes crime prevention techniques.
will hold regular resident meetings.
Section D—"ng Term Capital 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
re placement date will require earlier corrections.
Date Last Replaced Estimated
Replacement Date
Fumace/AC- 6-1-2020
Water Heater- 6.1-2020
Kitchen Appliances- 6-1-2010 6-1-2020
Laundry Appliances- 6-1-2010 6-1-2020
Exterior
-Paint/Siding,fascia,trim 5.2010 5=2015
-Windows 6.12095
-Roof 6.1-2030
-Fence 6-1-2030
-Shed
-Garage a�racneds-l-
-Driveway 6.12020
-Sidewalks 61-2025
Smoke Alarms&Carbon Monoxide Alarms 6-1-2010 6-1-2016
Other(s)
Section E—Steps to Improve Management and Conditions of Property
Implementing the following best practices may assist in the management ofyour property.
By checking the boxes below,you agree to:
1. Check in with tenants every 30 days.
2. Drive by property to check for violations twice a month.
Page 2 Type IV Mitigation Plan Rev 11-16-11
0 3. Evict tenants in violation of the lease and all addendums.
4. Provide lawn/snow service.
5. Provide garbage service.
6. Install security system.
7. Provide maintenance service plan for appliances. Name of service co.:
®✓ 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
r✓ 9. Other(s): Drive by periodically
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`s 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.
Fred Hanus Owner
Owner or Agent Name and Title(Please Print)
September 14,2012
Owner or Agent Signature Date
Additional Owner or Agent Name and Title(if applicable)(Please Print)
Additional Owner or Agent Signature (if applicable) Date
s r
Police Npartment/Title D to
Bu'din ommunity Standards Department/Title Date(
Page 3 Type IV Mitigation Plan Rev 11-16-11
I
City Council Agenda Item No. 10h
COUNCIL ITEM MEMORANDUM
DATE: October 8, 2012
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk1
SUBJECT: Type IV 6-Month Provisional Rental License for 5925 Washburn Avenue North
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 5925 Washburn Avenue North. 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. The previous license was a Type II two-year
license. This property qualifies for a Type IV provisional rental license based on five property
code violations found during the initial rental license inspection and two validated police
incidents/nuisance calls for the past twelve months. Staff from Administration, Building&
Community Standards and Police Departments worked with the property owner regarding a
mitigation plan,which requires Phase I, II and III of the Crime Free Housing Program, and other
items included by City ordinance for a Type IV License. A Mitigation Plan has been developed
addressing the requirements of the ordinance and any issues specific to the property. Therefore,
staff is recommending approval of the Type IV Rental License on condition of adherence to the
Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
03-27-2012 The Owner, Cheng Lor, applied for renewal of the rental dwelling license for
5925 Washburn Ave N, a single family dwelling.
04-26-2012 An initial rental inspection was conducted. Five property code violations were
cited, see attached rental criteria.
05-24-2012 A second rental inspection was scheduled but there was no access to the property.
06-31-2012 The previous rental license expired. (No fines were issued since property was
vacant.)
07-02-2012 The owner called the inspector and stated he was not ready_ for the inspection
since he was waiting for materials to be delivered.
07-09-2012 A third rental inspection was conducted and passed.
07-09-2012 City records indicate two validated police incident/nuisance calls occurred in the
past twelve months. (Disturbing the peace on 07-24-11 and 10-29-11.)
07-13-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, 1I, and III of Crime
Free Housing Program, etc.
Mission:Ensuring an attractive,clear,safe,inclusive conununio,that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
07-31-2012 A second letter was sent to the owner(s)notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, 11, and III of
Crime Free Housing Program, etc.
08-20-2012 A$125 Administration Citation was issued for not submitting a mitigation plan.
08-31-2012 A$250 Administration Citation was issued for not submitting a mitigation plan.
09-18-2012 A Mitigation Plan was submitted.
09-20-2012 The Mitigation Plan was finalized.
10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will
be held October 8, 2012.
If approved, after six months, a new rental license will be required. The license process will
begin immediately. The new license will be based on the property code violations found during
the initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures,rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence,the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions,it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things,the facility, its management practices,the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presems the public trust
COUNCIL ITEM MEMORANDUM
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property
Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license,the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month,the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
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.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and presewes the public trust
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected,the minimum inspection standards will
be established as follows:
• At least 75%of units will be inspected for properties with 15 or less units.
• At least 25% of units,to include a minimum of 12 units,will be inspected for
properties with 16 or more units.
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
Jar all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I—3 Year 1-2 units 0-1
S--
Type 11—2 Year 1-2 units Greater than I but not more than 4
e e ---
Type III— 1 Year 1-2 units Greater than 4 but not more than 8
s It
--- --G—rea
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
5 or more units 0-0.35
Decrease 1 1-2 Greater than 1 but not more than 3
efthan 25�� f&�thAfCl
Category KUM— -0 ------
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1-2 Greater than 3
Categories Greater t ---- ---
5 or more units Greater than 0.50
Mission:Ensuring an attractive,dean,safe,inclusive community that enhances the quality of life
for all people and preserves.the public trust
i
COUNCIL ITEM MEMORANDUM
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
- We will ensure a safe and secure community
- We will stabilize and improve residential neighborhoods
Attachment
-Mitigation Plan
i
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Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
i
--- '-- ---
City of Brooklyn Center Phone:763-569-3300 TTY 711
6301 Shingle Creek Parkway Fax.763-559-3360
mnr 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 usefillableform on City website.
Property Address: 5925 Was'hburn Ave.-N. Brooklyn Center, MIN 55430
Ownet Name:.Cheng Lor, Le Hong- Local Agc�fit:Kathy Freitag, KMF Properities,LLC
Agent Address:
�1?1 Exc-61.10C Blvd.,SU46 210,SU"wis Park,MN 55416 15689 YellowPirie St.NW,Andover,*MN 55304
Owner Phone:(612)578-4520 Agent Phone:(763)245-0755
Owner'Email: Agent Email:kathleen3280@msn.com,
Rental License:. -1
F] Nelv A Renewal: Current License Expiration Date:
*Pending TypejV License Exp.Date:
-bm current license expiration)
(SIX monthsfi
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 ofthe 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.
kv-
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-1 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum #V0 1A
V( 3. Submit written report by I O'h of each month(after license approval).
F-7-1 I. Use written lease including Crime Free Housing Lease Addendum.
F712. Conduct criminal background check for all prospective tenants. Provide documentation to City if
3. Pursue the eviction oftenants who violate the terms ofthe lease or any addendums.
Page 1 Type IV Mitigation Plan Rev 11-16-11
(
r-714, Attend City approved eight hour Crime Free Housing course.
1 Date Course Completed:m1081200 or Date Course Scheduled:
Phase Il J-`—
OComplete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
Date Scheduled: vmeamessage let.w. ,15.aedry13da improvements to be completed by:
IM/l/a .10U
Phase III
01 will attend a minimum of 50%of the ARM meetings(two).
1 will attend the ARM meetings scheduled for:091+312012&r1!M'2012 _&
Do these two meeting.dates occur before the'Pending Type l6'License expiration date?F0 Yes❑No
�—�('"Sze Sectioned)If no,you will only be able to qualify for a Type IV Rental License upon renewal.
'I will have no repeat code violations pre%iou>l4 ducumented t+ithin the pail year.
For properties with jour or more malts:
I will conduct resident training annually that includes crime prevention techniques.
I will hold regular resident mectines.
Secfion D—Lori 7`erin Capjtftl fM royements Plan.
Based on condition and age,estimated replacement dates are provided for common capital items. Funding l
should be considered accordingly. However,items broken,wont or otherwise in violation prior to the estimated
f re lacement date will require earlier corrections.
Date Last Replaced Estimated
Replacement Date
FumacelAC- Unkm m
Water Heater- unknown 1
kitchen Ap Ip lances- — — 0sr27r12
Laundry Appliance- oar27n2
Exterior _
-Paint!Siding,fascia,trim_ orrgtoaiStucco ms,e d07120 4In9 oacmdxan
-Windows Unknown inspocted 07,2012,in good cmditon ,,t0
-Roof _ Unknown Inspected 072012:in pond coxtdan
-Fencels.
Unknown RePa'rcd 03+27f12,in good conaNOn
-Shed_ __ rtrA
-Garage Unknown Ins good condtlwn
_ peeled 07ROli.In
-Driveway— _— unknown Inspeded 0712012.In gocd conddioni i
-Sidewalks` NA _
Smoke Alarms&Carbon Monoxide Alanns _ oat27112_ 3years p15
Other'(s) 081271,12 Comp)etelyfsrrodeled in 0812012
Section:E-sie '.'x4.iiinr`o:►re�Mana'ecri�nt'andCi3ndiitipiis�fp,�� e. � _�• �`� •�'��
Implementing the following best practices may assist in the management of your property.
B checking the hazes below,you agree to:
✓ 1. Check in with tenants every 30 days.
Q 2. Drive by property to check for violations twice a month.
Page 2 Type IV Mitigation Plan Rev 11-16-11
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n v i 3. Evict tenants in violation of the lease and all addendums.
R4. Provide lawn/snow service.
5. Provide garbage service.
® 6. Install security system. HOITI@ Service Plus
7. Provide maintenance service plan for appliances. Name of service co.:
®✓ 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other
financial claims due to the City.
�✓ 9. Other(s): Water/Sewer will be Incorporated Into future lease and paid by Landlord
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.
-✓L�'f .t' if�GV
Owner or Agent Namj and Title Please Print)
- '2 13 L
Owner or Agent gnature Date
Additional Owner or Agent Name and Title(if applicable)(Please Print)
Additional Owner or Agent Signature (if applicable) Date
II
For Cite I se--htnuaaon Plan Approved By:
Police Department/Title D e
i
Bui ing& m6-43 Standards Department/Title Like
Page 3 Type IV Mitigation Plan Rev 11-16-11
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AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
October 8, 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. Direction Regarding Offer to Purchase 5331 Morgan Avenue N (Tax Forfeited
Property)
2. Signage in Commercial Zoning Districts
PENDING LIST FOR FUTURE WORK SESSIONS
Later/Ongoing
1. National League of Cities Service Line Program
2. Sister City Update
3. Success Target Update
4. Assessment Hearing Policy
5. Watershed Plan Update Review
I'
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Work Session Agenda Item No. 1
MEMORANDUM s COUNCIL WORK SESSION
DATE: October 3, 2012
l
TO: Curt Boganey; City Manager
FROM: Gary Eitel, Director of Business & Developments-'
SUBJECT: Offer to purchase 5331 Morgan Avenue North, a Tax Forfeited Property
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding the offer
to purchase 5331 Morgan Avenue and preparation of a purchase agreement.
Background:
On August 9, 2010, the City Council adopted Resolution No. 2010-113, A Resolution Approving
the Request for Nonpublic Sale of the Non-Conservation Tax Forfeited Land at 5331 Morgan
Avenue North to the City of Brooklyn Center by Hennepin County.
On March 26, 2012,the EDA adopted Resolution No. 2012-04,which authorized the use of the
Remove &Rebuild Program,funded through the TIF 3 Housing Fund,to acquire this tax forfeited
property for the appraised value of$17,000 plus the conveyance costs of$5,468.52.
On August 28, 2012,Hennepin County recorded a Conveyance of Forfeited Lands document
(Commissioner's Deed No. 020643 0)which conveyed and quitclaimed this property to the EDA.
The demolition of the home is being coordinated by the City's housing consultant, GMHC (Greater
Metropolitan Housing Corporation) and is expected to be completed within the next 6 weeks. The
estimated cost of removing only the house is approximately$12,000.
Attached for your reference is a parcel map identifying the location, size, and ownership of the
properties adjoining this tax forfeited lot and an aerial photograph of the site.
Offer to Purchase 5331 Morgan Ave:
Attached is an offer by the adjacent property owners, Jacie and Maciej Sikora, to acquire this lot
with the existing garage for the amount of $15,000 for the purpose of combining it to their
homestead.
Mr. Sikora has indicated that he would have the cash to close on the property within 6 months
and would like to use the garage this winter for storage.
Staff has had many conversations with the neighboring property owner over the last 2 years
regarding:
- possibilities of their acquisition of this property to provide a larger lot,
- the opportunities to use the existing garage for storage of their boat,
Mission:Ensuring an attractive,clean;safe,inclusive eonnnani{y that enhances the auality of life
for all people and preserves the public trust
MEMORANDUM - COUNCIL WORK SESSION
- the codes relating to accessory storage space and its relationship to expanding the
residence's main floor area,
- the additional lot width to expand their existing home and the possibility of constructing a
new home on the lot, when a more favorable housing market would enable the sales of
their existing home.
I
An option that the property owner has found acceptable involves the EDA's conveyance of the
lot for $15,000, which would facilitate a lot combination into a single parcel for tax purposes and
the EDA would retain the building rights on the tax forfeited lot.
I
Should the property owner decide at a future date to construct a new home on the tax forfeited
parcel or create a new parcel for resale; the additional building right (consistent with the R2
zoning &subdivision regulations)would be released by the EDA for an agreed amount of money
($20,000 for the building right has been identified).
Policy Issues:
Does the EDA wish to accept an offer of $15,000 by an adjoining property owner with the !
provision that the EDA retains the building right which could be purchased at a future date to
facilitate additional residential development on the lot?
Does the EDA wish to authorize the City Attorney to draft a purchase agreement with the option
of including a restrictive covenant relating to the EDA's ownership and future release of the
building right to facilitate additional residential construction?
Council Goals:
Strategic:
2 We will stabilize and improve residential neighborhoods
4. We will improve the city's image
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
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Lot Size Lot Area
5321 Morgan Ave 58'x 134' 7,763 sq.ft.
Jacie and Macie Sikora.
5331 Morgan Ave. 11.5;x134' 15,689 sq.ft.
EDA (Tax Forfeited Property)
5341 Morgan Ave. 115'x134' 15,750 sq.ft.
Wells Fargo (Foreclosure)
Work Session Agenda Item- No. 2
MEMORANDUM - COUNCIL WORK SESSION
DATE: October 3, 2012
TO: Curt Boganey, City Manage
FROM: Gary Eitel, Director of Business &Developments'
SUBJECT: Signage in Commercial Zoning Districts
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding its review
and report on the signage issues and concerns identified at the Regal Retail Center and direction
on whether the Council believes there is a need to consider sign ordinance reforms relating to
business identity and customer awareness of the City's commercial businesses.
Background:
August 27, 2012 City Council Open Forum
Khalid Daibes, owner of Twin Cities Wireless, stated he is representing the seven businesses in
the 615 66th Avenue N. strip mall that urgently need a change in the City's sign regulation. He
opined that the small businesses within the strip mall are unable to compete without the use of
small flashing signs, which are prohibited by the City's Sign Ordinance. He noted the proposed
sign location is in a common business area that is 60 feet from the public sidewalk. Mr. Daibes
asked the Council to provide relief by not requiring a sign permit fee and to allow flashing and
sandwich signs so these small businesses can be competitive.
Mayor Willson asked if these businesses had displayed large-sized flags. Mr. Daibes stated they
had done so on two occasions; however, immediately removed them when the City's Code
Inspector informed them that such flags were not allowed and in violation of the Code.
The attached report includes staff's assessment of the site conditions, a summary of the
conversations with a majority of the tenants on their signage concerns, and responses to the
following questions:
- What are the specific concerns of the property owners and tenants?
- Is there substance merits to the concerns expressed at the August 27th Open Forum?
- Is there a reason for the City Council to review the ordinance as it relates to these sign
regulations?
- Are the issues limited in scope to this property or are these broader based issues?
Policy Issues:
Does the City Council believe the information provided suggests the need for a change in the
existing sign ordinance?
Does the City Council find merit in reviewing other ways to help retail tenants improve their
identity's and foster a better business environment within the City's retail centers?
]'mission:Ensurin a an attractive,clean,sgfe,iiichisive coiiYiiilinhy that enhances the quality of life
el
for all people and preserves the public trust
MEMORANDUM - COUNCIL WORK SESSION
Council Goals:
4. We will improve the city's image
Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
i
DATE: September 20, 2012
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Response to signage concerns and issues raised at the August 27th City Council
Open Forum.
Background:
AUGUST 27TH COUNCIL OPEN FORUM
Khalid Daibes, owner of Twin Cities Wireless, stated he is representing the seven businesses in
the 615 66th Avenue N. strip mall that urgently need a change in the City's sign regulation. He
opined that the small businesses within the strip mall are unable to compete without the use of
small flashing signs, which are prohibited by the City's Sign Ordinance. He noted the proposed
sign location is in a common business area that is 60 feet from the public sidewalk. Mr. Daibes
asked the Council to provide relief by not requiring a sign permit fee and to allow flashing and
sandwich signs so these small businesses can be competitive.
Mayor Willson asked if these businesses had displayed large-sized flags. Mr. Daibes stated they
had done so on two occasions; however, immediately removed them when the City's Code
Inspector informed them that such flags were not allowed and in violation of the Code.
The following information was gathered in preparing responses to your questions regarding the
concerns expressed by Mr. Daibes:
- Conversations with the tenants of the Regal Retail Center,
- Photographs of the Regal Strip Center and street views
- Aerial photograph illustrating the street alignments related to this location
- A site visit of the 4 existing retail centers within the City
Responses to questions:
What are the specific concerns of the property owners and tenants?
1. The multi-tenant free standing sign,the individual tenant wall mounted signs, and
window signage allowed by the City do not provide sufficient business identification to
attract the publics' attention and awareness of their business location.
2. The inability to use temporary or portable signage in front of their businesses to promote
sales and other types of promotional activities to internal traffic within the Regal Retail
Center.
3. The inability to use temporary attention attracting signage and devices, such as flags,
banners, or flashing window signage to draw attention to their respective business
locations.
4. The$50 fee for the 10 day administrative use permit is too high for the business owners.
Pagel
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Is there any substantive merit to his concerns?
Yes,the following site conditions do affect the store front visibility of this strip center:
- The curvature of 66th Ave. restricts the visibility of the businesses from eastbound
travel.
- In this general area of 66th Ave. there are numerous painted lane designation and
turning movements which limit a motorist's ability to comfortably scan beyond the
immediate road section.
- The turn movement from westbound traffic into the common entrance with the SA
station/store allows viability of the freestanding sign; however,there is limited
visibility of the store fronts.
- The freestanding business sign effectively identifies the two anchor tenants (Checkers
and Jimmy John); however, a combination of the color choices and letter sizes for the
5 other tenants do not appear to be effective.
- The site layout includes a spacious concrete patio in front of Checkers and 8'-10'wide
walkway in front of the stores; however,the walkway is absent of any features or
amenities to promote interest or attract attention to the in-line tenants.
- A landscaped island with a tree placement in front of Mr. Daibes, Twin Cities
Wireless store, affects the use of window signage and is beginning to affect the
visibility of the wall mount sign.
The request that I heard from some of the tenants was that the ability to use sandwich board signs
on the common walkway in front of their business would allow them the opportunity to draw
from the internal customer base and promote their respective business by advertising daily
specials or other promotional activities. 'Additionally,the use of freestanding vertical banners
would assist in a general awareness of their business location.
I agree that this would help.
However, it is my opinion that the future success of many of these in-line tenants involves more
i
than just allowing additional signage.
Is there a reason for the City Council to review the ordinance as relates to these sign
regulation?
The sign ordinance prohibits the use of portable signs, banners, pennants, streamers,balloons,
and similar attention attracting devices with the following exceptions:
1. Section 34-140.2 (o) Decorative banners attached to or hung from light standards or
similar structures provided they are no larger than 16 sq.ft. in area, contain no
commercial advertising message or logo,product identification nor are intended
advertising purposes and must be maintained in a safe manner and in good condition so
as not to be faded, torn,tattered or be in an unsightly condition,
2. Section 34-140.2 (m)Rummage Sales signage, or
Page 2
3. Approved in conjunction with an Administrative Permit, as pOrovided for in Section 35-
800 of the zoning ordinance. (Note: With use of an Administrative Use Permit a
business a business is permitted to have two 10 day outdoor events/sales/activities. The
cost of each permit is $50. It was not intended to function as temporary sign permit.)
It is my understanding that many Cities have provided for a limited use of temporary signage to
assist their business community in the promotion of a variety of business activities and events,
such as their grand openings, major sale and promotional and new product announcements.
It is also likely that the absence of some reasonable options can result in other issues, such as
using the Administrative Use Permit to accomplish the placement of temporary signs or other
noncompliance issues, as illustrated in the pictures of the other retail areas taken on September
20'h. These photographs identified a variety of businesses that were using temporary sandwich
boards, small temporary signs, and some promotional/product banners.
An option that the City may first which to consider is to work with the Regal Retail Center
(property owner and tenants) in a comprehensive sign review of their commercial site/PUD.
This review would evaluate/critique the present signage (freestanding sign, the wall mounted
signs, and use of window signage) and should include an analysis of the landscape plan(tree
placements and types) from a business owner/managers perspective,the internal traffic
movement,parking usage and needs of the tenants, and the concrete patio area and walkway.
This process would identify the positive and negative features or elements of the site and begin a
collective thought process with the owner,tenants, and city to establish a better business
environment for this multi- tenant retail center. The corrective actions and improvements could
then be incorporated into their PUD .
Also, based on my conversation with one of the initial tenants of this center, it is my opinion
that a more effective way for business identification and neighborhood awareness would be for a
joint marketing effort by the Regal Retail Center as opposed to individual business's marketing
efforts.
Additionally, the existing sign ordinance does allow for options such as a second freestanding
sign on corner lots and for commercial and industrial establishments to display a single flag
consisting of the official seal or insignia as identification of the individual establishment which
could be included in the review of this overall signage and PUD review.
Are the issues limited in scope to this property or are these broader based issues?
No, in my opinion,the issues raised by the interior tenants of the Regal Retail Center are similar
to those concern/issues that I have heard from tenants of other multi.-tenant strip centers in the
City of Brooklyn Center and other cities that I am familiar with.
Typically, the commercial vitality of a strip center or mall is gauged on the drawing power of the
anchor businesses which attract a customer base or traffic to a retail area or center. The interior
tenant relies on this drawing power as a major source of their new or initial customer base. After
this initial contact, it is that business's goal to establish a repeat customer and a source for new
customer referrals.
Page 3
i
Consequently, having customer recognition of your existence and the service or product you
offer is critical for a business's success.
Temporary sidewalk signs, banners, outside displays or other attractions are advertisement
devices that are present at all of the retail centers in the City.
The only exception is that out typically do not have tree laced in front of an in line tenant ,
Y P Y Yp Y p
such as the landscaped island in front of the Twin Cities Wireless store.
Site Visits and summary of interviews–conversations with the Regal Retail businesses.
Wednesday, September 12th: Pictures were taken at about 12:30—1:30 time frame
Lunch at Checkers (observed 2 or 3 take out customers
2 or 3 drive thru customers.
Friday, September 14th: Stopped at all of the businesses (4:15-5:15, except the Regal
f
Chiropractic office which is closed on Fridays)
Monday, September 17th, I met with the owner of Twin Cities Wireless.
Comments by the Manager of Checkers.
The use of sandwich board sign on their sidewalk at the entry and along the rear drive
thru lane would enable the display of specials and increase business.
- The ability of having a reader board on the business sign to promote specials would
attract future customers.
- A second business sign on the corner of 66th & Camden would be attract Regal Theater
customers and additional advertisement for east bound traffic.
Comments by shift manager of Jimmy Johns:
- She would talk to the store manager,but related that they comply with the City's
ordinances.
Comments by owner of the Dollar Store:
- He was the original business operator at this tenant space(since 2009) and this is his 3rd
business change. He indicated that new customers from the immediate neighborhood
indicated that they were not aware of the business. He is expanding the grocery part of
the business and offering a variety of ethnic foods that are not available at either SA or
Holiday.
- His interest is in additional signage to promote business identity and customer awareness
of his location.
- (my sense was that his customer base is geared more to the neighborhood and adjacent
apartment complexes than the customers going to the two restaurant anchor tenants
Jimmy John and Checkers )
o
Page 4
i
Solell Beauty Supplies & Salon:
- There were no customers at that time and apparently I did not appear to be a customer
since both the barber and the beautician remained in their relaxed position when I entered
the store and spoke to them. I gave my card to the barber,who politely said that he
would give my business card to the store manager.
Pure Nails:
The store manager politely accepted my card and didn't have any comments. (note: I am
not sure if he fully understood the reason for my visit or if I was mistaken for a code
enforcement officer). He appeared to be busy and I left indicating that he could call me if
he had any comments or concerns regarding business signage.
Twin Cities Wireless:
- The business owner, Mr. Khalid Dailbes, informed me of his concern relating to the $50
fee for an administrative use permit,noting that his monthly advertisement budget is in
the range of$200-$300 and this is a high fee for a 10 day sign permit. (I explained that
the administrative use permit were available for two ten day periods for special events or .
activities and not intended as a temporary sign permit.) I believe his point was that the
site signage he was seeking consideration for should include a fee of this amount.
- He indicated that he was the third business at this location and his opinion that poor
signage contributed to the previous business failures.
- We observed that the decorative tree within a parking island directly in front of this store
blocks the view of the store's signage.
- He indicated a need to attract the attention in establishing new customers and the use
signage to advertise sale/promotion items (example provided was a$ 5 phone charger;
will get them into the store)
- Currently,he is unable to market to internal traffic drawn by Jimmy Johns and Checkers.
- He is requesting consideration of allowing the following signage within the common
sidewalk area of this commercial strip center:
• The use of 40"x46" sandwich boards as temporary signage to promote sales
• The use of vertical banners/flags to attract attention to the business location.
Page 5
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SP Brooklyn Caner LLC
1414 Cedarhill Dr. ,yam
Royal Oak, Michigan 48067
(248)544-1870
Fax(248)544-6412 September 4, 2012
Mr Tim Willson
7007 Dallas Road - - -
Brooklyn Center, MN 55430
Dear Mayor:
As managing member of the shopping center located at 615 66th Avenue North, I
agree with and support the letter dated August 26, 2012 written to you and the
city councilmembers .by one of our:tenants, Mr..Khalid Daibes,
While I understand that a signage policy needs to be in place for safety and
aesthetic reasons, the present policy is extremely restrictive to our tenants.
Our tenants struggle because the city won't allow the smallest of advertising
within the common areas of the center. I have witnessed such advertising and it
is not unsightly, does not pose safety concerns and is not on city property.
Tenants report an increase in business when they advertise using signboards and
banners.
While our property taxes and other operating expenses continue to rise, our
I
rents have not. Our tenants are hard-working individuals that are sincerely
trying to operate successful small .businesses. As stated in Mr. Daibes' letter,
they do not have the means to procure expensive permits.
Without the ability to advertise on the premises, the lease spaces in the center
are liable to go dark. This will have a negative effect on the property value and
the neighborhood.
I'm sure you will agree that successful businesses contribute to the health and
well being of the city. We would like to encourage your support of the
businesses located in the center by allowing a less restrictive advertising policy
for our tenants.
I can be contacted at (248) 320-0019 should you have any questions.or
concerns.
Regards,
Michael Seery
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