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HomeMy WebLinkAbout2012 11-26 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 26, 2012 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 26, 2012 AGENDA 1. Informal Open Forum with City Council—6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. a. North Memorial Ambulance Service—Dr. Marc Conterato Manager of Ambulance Operations—Mike Oliverius Community Representative—Deb Fischer 2. Invocation—7 p.m. —Pastor Ezra Fagge'Tt, Unity Temple Church of God in Christ 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. November 5, 2012—Joint Work Session with Financial Commission 2. November 13, 2012— Special Session 3. November 13, 2012— Study Session 4. November 13, 2012—Regular Session 5. November 13, 2012—Work Session b. Licenses i I CITY COUNCIL AGENDA -2- November 26,2012 j C. Resolution Approving Transfer of Unassigned General Fund Net Assets to Centerbrook Golf Course Fund d. Resolution Setting 2013 Employer Benefits Contribution for Full-Time Non- Union Employees e. Resolution Authorizing Second Addendum to City Manager Employment Agreement f. Resolution Establishing Revised Strategic Plan Success Targets for Desired Outcome; Threat and Fear of Real or Perceived Crime Among Citizens will be Reduced g. Resolution of the City of Brooklyn Center Stating Its Support for the Development of the Mississippi River Trail (U.S. Bicycle Route 45) h. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2012-03, 2012 Pond Sediment Removal and Pond Improvements i. Resolution Supporting Hennepin County's Pedestrian and Bicycle Planning Services Grant Award for the City of Brooklyn Center 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Koffi Agbossou for His Dedicated Public Service on the Financial Commission Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a. Resolution Vacating Certain Drainage and Utility Easements Within Lot 1, Block 1, Tennis Acres Two; and Lot 1, Block 1, Dale and Davies 2,d Addition, Hennepin County, Minnesota(France Avenue Business Center) Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b. Resolution Vacating Certain Easements Within Outlot A, Shingle Creels Crossing Addition; Hennepin County, Minnesota(Shingle Creels Crossing 2nd Addition) Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 26, 2012 9. Planning Commission Items None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 4216 Lakebreeze Avenue 1. Resolution Approving a Type IV Rental License for 4216 Lalebreeze Avenue Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. b. Consideration of Type IV 6-Month Provisional Rental License for 4200 Lakebreeze Avenue 1. Resolution Approving a Type IV Rental License for 4200 Lakebreeze Avenue Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. C. Consideration of Type IV 6-Month Provisional Rental License for 3125 66th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. d. Consideration of Type IV 6-Month Provisional Rental License for 6813 Humboldt Avenue North B 103 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 -4- November 26, 2012 e. Consideration of Type IV 6-Month Provisional Rental License for 7100 Indiana 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. f. Consideration of Type IV 6-Month Provisional Rental License for 1108 571H 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 6043 June 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 5401 Oliver 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. i. Consideration of 2013 Utility Rates 1. Resolution Adopting 2013 Water Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 2. Resolution Adopting 2013 Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 5, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, CARS Director Jim Glasoe, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Police Chief Kevin Benner, and Sue Osbeck, TimeSaver Off Site Secretarial, Inc. Others present were Financial Commission Vice Chair Steve Landis, and Financial Commissioners Tenesha Kragness,Dan Schueller, and Dean Van Der Werf. INTRODUCTION AND OVERVIEW Mayor Willson introduced former Mayor Kragness, who stated the Council needed to get involved to assure the City newspaper gets out to everyone in the City since only 6,000 residents receive it. The Council discussed with the City Manager how this can be resolved. City Manager Curt Boganey stated this evening was a continuation of the budget discussions for 2013. He reviewed the agenda with the Council. POLICE DEPARTMENT Police Chief Kevin Benner outlined the Police Department Mission. He reviewed the responsibility of the department in the City and noted the department embraces the concept of community-oriented policing. They also strategically partner with surrounding police agencies to share information. Police Chief Benner reviewed staffing levels with the Council. He stated they are looking at making the juvenile officer a permanent addition in 2014 and will be looking to apply for a new grant for an auto theft officer in 2013 and 2014. He is not asking for the City to fund this position if they do not receive the grant. Mayor Willson indicated he was concerned with cutting the patrol officers from 29 to 28 in 2013 and 2014. Police Chief Benner stated the Drug Task Force Officer is a part of this number in 11/05/2012 -1- DRAFT CITY COUNCIL AGENDA -5- November 26, 2012 3. Resolution Adopting 2013 Storm Sewer Utility Rates,Fees and Charges Requested Council Action: =Motion to adopt resolution. 4. Resolution Adopting 2013 Street Light Rates and Charges Requested Council Action: —Motion to adopt resolution. 5. Resolution Establishing 2013 Recycling Rate Requested Council Action: —Motion to adopt resolution. 11. Council Report 12. Adjournment I City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 5, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, CARS Director Jim Glasoe, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Police Chief Kevin Benner, and Sue Osbeck, TimeSaver Off Site Secretarial, Inc. Others present were Financial Commission Vice Chair Steve Landis, and Financial Commissioners Tenesha Kragness,Dan Schueller, and Dean Van Der Werf. i i INTRODUCTION AND OVERVIEW Mayor Willson introduced former Mayor Kragness, who stated the Council needed to get involved to assure the City newsletter gets out to everyone in the City since only 6,000 residents receive it. The Council discussed with the City Manager how this can be resolved. City Manager Curt Boganey stated this evening was a continuation of the budget discussions for 2013. He reviewed the agenda with the Council. I POLICE DEPARTMENT Police Chief Kevin Benner outlined the Police Department Mission. He reviewed the responsibility of the department in the City and noted the department embraces the concept of community-oriented policing. They also strategically partner with surrounding police agencies to share information. Police Chief Benner reviewed staffing levels with the Council. He stated they are looking at making the juvenile officer a permanent addition in 2014 and will be looking to apply for a new grant for an auto theft officer in 2013 and 2014. He is not asking for the City to fund this position if they do not receive the grant. Mayor Willson indicated he was concerned with cutting the patrol officers from 29 to 28 in 2013 and 2014. Police Chief Benner stated the Drug Task Force Officer is a part of this number in 11/05/2012 -1- DRAFT 2012 and will be removed in 2013 and 2014 but is still shown as part of the staff. Mayor Willson stated he wanted to make sure they will have things covered in the coming years. Police Chief Benner indicated everything will be covered. Mayor Willson stated he supports the strategy as explained by Police Chief Benner. Police Chief Benner continued with his presentation explaining other areas of the Police Department that are part of his budget. He reviewed the annual goals and strategies with the Council and explained how the department is working to reduce youth crime and crime at commercial properties in the City. He stated in 2013 the Patrol Division staff wage budget will increase 10%. The increase is the result of nine patrol officers receiving step pay increases as they achieve top patrol pay. Mayor Willson indicated he liked the direction this is going. He commented on what the City of Minneapolis is.doing with Domestic Abuse and Ramsey County is doing with ankle bracelets for restraining orders, which he thought may come to Brooklyn Center in the future. Police Chief Benner described the domestic abuse actions that are being used in Brooklyn Park. Councilmember Ryan stated he received some concerns about activity at the Holiday Station Store at Xerxes and asked whether the Police Department could use the same successful action taken to resolve past incidents at the SuperAmerica on 691h and Humboldt Avenues. Police Chief Benner explained how they helped to deter crime at SuperAmerica, including monthly meetings with the store's managers to maintain visibility. He noted SuperAmerica Corporate will not allow a security company to be hired but he hopes Holiday will consider hiring West Tech for security. CENTRAL GARAGE Public Works Director/City Engineer Steve Lillehaug reviewed the vehicles and equipment in the City. There are 144 vehicles, and 104 pieces of small equipment that are being maintained in the Central Garage. He noted there are five people at the Central Garage and they do not recommend any changes to staffing at this time. He reviewed the strategic function of the equipment in the City, annual goals, three strategies of the Central Garage, and annual goal performance measures. Mr. Lillehaug then reviewed the capital outlay for City equipment. Councilmember Lasman noted there was scheduled replacement in 2014 for many Crown Victoria vehicles. Police Chief Benner stated the replacement vehicle will be a Ford Interceptor and the cost will remain the same. Mr. Lillehaug reviewed budget changes to the department, noting this department charges other departments for fuel and other costs incurred on the other department's behalf. He noted in 2013, there is a one-time payout of$18,400 for a lawmnower blade grinder. There will not be any purchases for minor equipment in 2013 or 2014. 11/05/2012 -2- DRAFT i CENTERBROOK GOLF COURSE Community Activities, Recreation and Services Director Jim Glasoe discussed the mission of Centerbrook Golf Course. He stated in order to be competitive they need to provide value and customer service to the public. He reviewed the history of the course, how financing was provided to the course, and staffing levels, noting there is only one full-time person and they are looking at reducing the part time hours in 2013. He then reviewed the annual goals, strategies, and budget highlights of the golf course. Mr. Boganey asked what the cash flow will be in the future. Finance Director Jordet explained they will need a one-time transfer in of$210,000 for the budget to break even for future years. He reviewed the cash flow from 2012 going forward through 2017 and stated they are looking for some indication that the transfer in is acceptable. Going forward, they will need $20,000 per year from outside sources. Mr. Boganey thought once the transfer in of$210,000 is done, they do not foresee the course losing money. He stated he has a lot of confidence in the ability of the director to maintain the course and assure it maintains its budget and actually makes money in the future. Commissioner Tenesha Kragness thought at the last session they decided to set aside $5,000. Mr. Glasoe stated they realized their market is local youth,.women, and non-golfers. The budget does not include the additional allocation. Councilmember Lasman stated she was pleased with the way customer service is being done at the course. She noticed that last year in Brooklyn Park, there was a free lesson for women, which was a fabulous idea. Councilmember Lasman suggested this be considered since it might be worth the investment if more people start golfing. Mr. Glasoe also thought it was a terrific idea and indicated he would pass along the information. Councilmember Myszkowski stated she was intrigued by the idea of a free golf lesson and liked the idea of reaching out to the community. She asked if they ever reached out to the local schools for practicing at the facility. Mr. Glasoe stated they have done this in the past and plan on reaching out again in the future. He noted they were looking at the Tiger Woods First Tee Program to see if that would work. Councilmember Ryan thought the customer service objective was spot on and indicated he would support the inflow of necessary funding for the golf course as long as the goal remained to get the course to eventually self-fund. Councilmember Lasman indicated she supported the inflow also, with cautious optimism. She thought this was still a great usage in the City and they should stick with it. Councilmember Lasman also indicated the one time transfer in of$210,000 should be made. Mayor Willson indicated he liked the idea of including youth and trying them to participate. Councilmember Kleven thought this sounded promising and supported the new ideas. i 11/05/2012 -3- DRAFT BUILDINGS AND COMMUNITY STANDARDS Assistant City Manager/Director of Building & Community Standards Vickie Schleuning outlined the Building and Community Standards mission. She noted there will not be any changes to the staffing levels in 2013 and 2014. Ms. Schleuning explained the department functions and reviewed its annual goals. Ms. Schleuning then reviewed 2013 initiatives, noting they need to maintain acceptable service levels and a strategy for rental housing improvements. She noted they are making headway with this. Ms. Schleuning reviewed the budget and noted there is an overall budget increase of 3.14%, some related to cost of living increases, Central Garage increase, and supplies increase. Mayor Willson noted code enforcement is still important to residents in the City so he would like to see that continue. Councilmember Ryan stated he has been watching the NSP Program and he thought staff had done a great job by using that program in a targeted way. He was also concerned about the CDBG program. He stated he appreciated the work that had been done and would continue to follow up with other elected officials on the CDBG program. Councilmember Kleven complimented Assistant City Manager/Director of Building & Community Standards Schleuning on the work that has been done in the City. Councilmember Myszkowski stated every department is a piece of improving the community and she thought it was an exciting time. She also thought it was impressive to see the department making it all work with the minimum"bare bones." Mr. Boganey stated with all of the discussion of the "fiscal cliff," it will be difficult to preserve CDBG, so that is something that needs to be watched. MAYOR AND CITY COUNCIL Mr. Boganey outlined the Mayor and City Council budget for 2013-2014. Councilmember Ryan stated there is significant value through the organizations to the Council and he felt the dues were well spent. ADMINISTRATION Mr. Boganey outlined the Administration budget for 2013-2014. He noted within the department there is a lot of cross training to allow breaks and vacations because there is only one person per title. He reviewed the annual goals and strategies of the Administration Department. 11/05/2012 -4- DRAFT i FISCAL AND SUPPORT SERVICES Mr. Jordet outlined the Fiscal and Support Services for 2013. He noted they are currently working on allowing resident history of utility bills online. They have also started accepting online credit card and over the phone credit card payments. Mayor Willson felt an electronic format for financial information would be helpful to the Council. Mr. Jordet reviewed the budget. He noted legal is up $45,000 (11.85%)based on past experience and the joint powers payments will be going up. Insurance premiums will go down $34,000 (14.75%) from the 2012 budget. Councilmember Ryan thought Project Peace was important to the Police Department. Police Chief Benner confirmed it was important because it helps to address domestic violence in the community. He noted this program is located in the City and they receive great value for the cost of the program. Councilmember Lasman stated the City would still need to provide those services even if Project Peace did not help to fund them. MISCELLANEOUS Mayor Willson stated things were well structured and the departments are running well. He stated his appreciation for the work of City Manager Boganey to run all of these departments. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the Joint Work Session at 9:04 p.m. Motion passed unanimously. i I 11/05/2012 -5- DRAFT i I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 13, 2012 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board called to order by Mayor Tim Willson at 5:45 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present was City Manager Curt Boganey and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 3. CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2012-139 REGARDING CANVASS OF NOVEMBER 6, 2012, MUNICIPAL GENERAL ELECTION AND SPECIAL ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts,reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Council Member Ballot Count Lin Myszkowski 5,871 Kris Lawrence-Anderson 4,860 Renita Whicker 3,513 City Question 1 Charter Amendment Ballot Count Yes 2,978 No 8,152 o Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-139 Regarding Canvass of November 6, 2012, Municipal General Election and Special Election. Motion passed unanimously. 4. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded adjournment of the Special Session at 5:49 p.m. Motion passed unanimously. i 11/13/12 4- DRAFT i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 13, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested discussion on agenda item 6c, specifically in regards to the actual bid amount. It was clarified that the original bid award was $306,064.53 with the final total project cost under budget in the amount of$305,064.53. Councilmember Kleven requested discussion on agenda item 6d, specifically in regards to the actual bid amount. It was clarified that the total bid amount, amended to include administrative, legal, and engineering costs is $235,883.00. Councilmember Ryan requested discussion on agenda items 6g and 6h. He requested staff to prepare figures for the November 1411i scheduled meeting to inform property owners of the estimated monthly payments for individuals who elect to pay the special assessment through the 10-year payment option. City Manager Curt Boganey announced the Council has received handouts for revised agenda item 6b with an additional rental license added to the list and agenda item 6e with the addition of condition no. 7 to the final plat. Councilmember Ryan announced he will be out of town November 20—25, 2012. Councilmember Lasman announced she will be out of town December 28 —31, 2012. - - DRAFT 11/13/12 1 it MISCELLANEOUS Councilmember Lasman requested staff to look into concerns from a resident that has had repeated issues in their neighborhood. The concerns are in relation to 6419 Girard Avenue where there have been loud parties, fights, under-age drinking, and guns present. The police have been called many tunes and the resident is concerned that things are not being resolved. Councilmember Lasman requested staff to report to her on the history on the subject property, any concerns that have been identified, and the plans to alleviate those concerns. Councilmember Kleven stated she received information while attending the Brooklyn Center Women's Club that individuals taking cars that are 10 years old or older the junk yard will receive money for the cars without any identification. She commented on the concern related to stolen vehicles. Councilmember Ryan commented that the statutes are strong in relation to recording requirements of junk yards, especially in regards to automobiles that are purchased. Mr. Boganey stated he will provide a report on the requirements of junk yards in this area. Councilmember Ryan stated he attended Brooklyns Youth Council meeting last night where questions were raised by the Representation Committee. The connnittee would like to know the best way to engage with the City Council. He requested discussion on scheduling a Council work session to discuss the topic. There was discussion on the proper procedure for communication between the City and the Brooklyns Youth Council. The majority consensus of the City Council was that City Manager Boganey and Councilmember Ryan as the Brooklyns Youth Council liaison will meet to discuss the preferred method for communications between the Brooklyns Youth Representation Committee and the City, with Councilmember Ryan to report back to the City Council. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COMMUNITY SURVEY REVIEW Assistant City Manager/Director of Building & Community Standards Vickie Schleuning presented the questions proposed for the Citywide Community Survey. She explained the same survey was conducted in 2008, and it had been determined that the survey be repeated every three to four years. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 11/13/12 -2- DRAFT i RECONVENE STUDY SESSION Councilmember Kleven moved and Councilmember Lasman seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COMMUNITY SURVEY REVIEW—CONTINUED Councilmember Kleven requested the addition of a question to ask whether the individual being surveyed receives the Sun-Post Newspaper. Councilmember Kleven suggested the opening portion of the survey script include information on the estimated time the survey will take. She also questioned the order in which questions #32-39 are phrased and expressed concern that "Not Tough Enough" & "About Right" should be reversed in the order they are asked. There was discussion on the order in which questions#32-39 are phrased. It was the majority consensus of the City Council to ensure that a question is included in the survey asking whether the individual being surveyed receives the Sun-Post Newspaper, and that the order in which questions #32-39 are phrased is to be decided by Decision Resources, the firm conducting the survey. Councilmember Myszkowski requested the report on the completion of the survey include data on the number of individuals who were contacted who did not speak English. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. �I i 'I 11/13/12 -3- DRAFT I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 13, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:46 pan. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Plamling and Zoning 11/13/12 -1- DRAFT i Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 22, 2012—Study Session 2. October 22, 2012—Regular Session 3, October 22, 2012—Work Session 4. October 29, 2012—Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL 7 Metro Heating and A/C 609 150th Avenue NE, Ham Lake Bloomington Heating and Air 640 W 92nd Street, Bloomington Cashion HVAC Services, Inc. 4148 Jansen Avenue NE, St. Michael DLT Heating & Cooling LL 283 Myrtle Drive S., Annandale First Choice Plumbing &Heating LL 29948 Highway 47 NW, Isanti Mimke's Custom Mechanical 4142 Upton Avenue N., Big Lake Quality Heating, A/C and appliance 16798232 nd Avenue N., Big Lake R R Gilpn Plumbing, Inc. 321 2nd Street W., Jordan Total Comfort 4000 Winnetka Avenue N., New Hope RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE III—one-year license) 6101 Beard Avenue N./Beard Ave. Apts. Jeffrey Huge 5659 Knox Avenue N. Rory Mysliwiec 6718 Perry Avenue N. Gregory Outhoudt INITIAL (TYPE II—two year license) 293068 th Lane N. Venessa Brevig 3812 Commodore Drive Donovan Gilbert 5825 June Avenue N. Mark Gettinger RENEWAL (TYPE III—one-year license) 1300 68th Lane N. Scott Hartmann 5956 Beard Avenue N. Ann Cook 11/13/12 -2- DRAFT RENEWAL (TYPE II—two-year license) 5926 Colfax Avenue N. Jack Froelke 5650 Humboldt Avenue N. Syed Raza .RENEWAL (TYPE I—three-year license) 6437 June Avenue N. Tracy Vu 6c. RESOLUTION NO. 2012-140 ACCEPTING WORK PERFORMED AND APPROVING FINAL PROJECT BUDGET, IMPROVEMENT PROJECT NO. 2011-10, CONTRACT 2011-G, WEST PALMER PARK BUILDING REPLACEMENT IMPROVEMENTS 6d. RESOLUTION NO. 2012-141 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2012-10, EARLE BROWN AND OPPORTUNITY AREA STREET LIGHTING REPLACEMENT 6e. RESOLUTION NO. 2012-142 APPROVING FINAL PLAT FOR FRANCE AVENUE BUSINESS PARK ADDITION 6f. RESOLUTION NO. 2012-143 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 2ND ADDITION 6g. RESOLUTION NO. 2012-144 ESTABLISHING THE INTEREST RATE FOR 013 SPECIAL ASSESSMENTS 6h. RESOLUTION NO. 2012-145 ESTABLISHING 2013 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. S. PUBLIC HEARINGS —None. i 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-021 SUBMITTED BY LOREN VAN DER SLIWGATLIN DEVELOPMENT. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A NEW LA FITNESS FACILITY, WHICH IS ALSO PROPOSED "BUILDING J" AS ILLUSTRATED AND 11/13/12 -3- DRAFT i i PLANNED IN THE 2011 SHINGLE CREEK CROSSING PUD MASTER DEVELOPMENT PLAN (1500 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-021 submitted by Gatlin Development requesting Site and Building Plan approval of Building J in the Shingle Creek Crossing Planned Unit Development, which is scheduled to become the new LA Fitness facility, located at 1500 Shingle Creek Crossing. He advised the Planning Commission recommended approval of the applications at its October 25, 2012 meeting. 1. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING SITE AND BUILDING PLAN APPROVAL OF BUILDING J IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, WHICH IS SCHEDULED TO BECOME THE NEW LA FITNESS FACILITY — 1500 SHINGLE CREEK CROSSING Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-146 Regarding the Recommended Disposition of Planning Commission application No. 2012-021 Submitted by Gatlin Development Company Requesting Site and Building Plan Approval of Building J in the Shingle Creek Crossing Planned Unit Development, Which is Scheduled to Become the New LA Fitness Facility— 1500 Shingle Creek Crossing. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3300 67"' AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 3300 67"' Avenue North was inspected and 12 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. I 11/13/12 -4- DRAFT i i No one wished to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. 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 3300 671h Avenue North, 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 5224 65"' AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 5224 6511i Avenue North was inspected and 17 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5524 65th Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5712 BRYANT AVENUE NORTH 11/13/12 -5- DRAFT i Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that the property owner is applying for a new rental license. She indicated that 5712 Bryant Avenue North was inspected and 29 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5712 Bryant Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following: • October 25, Grand Opening Celebration of the Northwest Family Service Center • October 29 and November 5, City Council/Financial Commission Budget Work Sessions • November 4, Lions Club Waffle Breakfast Councilmember Ryan reported on his attendance at the following and made the following announcements: • October 25, Brooklyn Center Business Association Luncheon • October 25' Grand Opening Celebration of the new Northwest Family Service Center • October 29 and November 5, City Council/Financial Commission Budget Work Sessions • November 4, Lions Club Waffle Breakfast • Congratulations to Councilmember Myszkowski and Councilmember-Elect Lawrence- Anderson on the results of the recent election, as well as the proposed charter amendment not being adopted. I Councilmember Lasman reported on her attendance at the following and made the following announcements: 11/13/12 -6- DRAFT i • October 25, CEAP/Northwest Family Service Center/Hennepin County Human Services Building Ribbon Cutting Ceremony • October 27, Odyssey School Community Breakfast • October 29 and November 5; City Council/Financial Commission Budget Work Sessions • Thank you to County Commissioner Opat for his work on behalf of Brooklyn Center being awarded a grant from the County that will be used to create soccer fields. • November 12— 18 is American Education Week, an opportunity to thank the educators in our families' lives. • Congratulations to the Brooklyn Center Police Department, especially Community Liaison Monique Drier for the fine work with the immigrant community. Brooklyn Center is one of ten municipal Police Departments recognized by the Vera Institute for engaging police in immigrant communities. • Congratulations to Brooklyn Center voters for the 80% turnout rate. Councilmember Kleven reported on her attendance at the following and made the following announcements: • October 25,Northwest Family Services Building Open House • October 27, "Understanding the Foreclosure Process and Foreclosure Prevention" Class • October 27' Odyssey School Breakfast and Wellness Fair • October 27, Benefit for Army Spc. Marco Solt, injured while serving in Afghanistan • October 29 and November 5, City Council/Financial Commission Budget Work Sessions • October 30, Celebration of the last bus shelter to be adopted in Brooklyn Center, located at 55th and Xerxes, with recognition to the local business involved in the bus shelter adoption effort. • November 4, Lions Breakfast • November 8, North Hennepin Area Chamber of Commerce Luncheon with keynote speakers discussing what to expect in the next four years in relation to taxes,housing, etc. • Thank you to Applebee's and area restaurant chains that provided fee lunches to veterans on Sunday and Monday. • Congratulations to Victoria Crook, a Brooklyn Center resident who was born in Mexico. Ms. Crook received a $75,000 grant towards her work with Latino families to overcome barriers. • The new basketball court floors have been installed in the recreation center, and a grant has been awarded for a sound system covering the gym and surrounding playing fields, as well as a retracting movie screen. Mayor Willson reported on his attendance at the following and made the following announcements: • October 29 and November 5, City Council/Financial Commission Budget Work Sessions • October 29, meeting with Cheryl Vanderpool who is looking to partner in a grant process. • November 8, speaking engagement with 4" graders at Earle Brown Elementary School • November is Men's Awareness of Prostate and Vesicular Cancer Month, 12. ADJOURNMENT 11/13/12 -7- DRAFT i Councilmember Lasman moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:37 p.m. Motion passed unanimously. I 11/13/12 -8- DRAFT i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 13, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:37 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc, METRO CITIES POLICY REVIEW—APPOINTMENT OF VOTING DELEGATE The Work Session was recessed at 7:37 p.m. and reconvened at 7:42 p.m. City Manager Curt Boganey presented the Metro Cities' Legislative Policies proposed for the upcoming year and asked the City Council/EDA to designate the voting delegate at the upcoming Annual Policy Adoption Meeting scheduled for November 14, 2012. He noted that staff carefully reviewed the policies as to whether there were any that would be of counter-interest to the City. From a-staff standpoint, there is no recommendation on modifications to the proposed policies. Councilmember/Commissioner Lasman expressed her support of the proposed policies. She suggested the appointed delegate particularly mention policies of special interest to Brooklyn Center, such as those in relation to levy limits, restrictions on local government budgets, LGA, LGA refoi7n, vacant properties, TIF, and complete streets. Councilmember/Commissioner Kleven stated her support of Councilmember/Commissioner Ryan serving as the designated voting delegate to the Metro Cities Annual Policy Adoption Meeting. The majority consensus of the City Council/EDA was support of the proposed Metro Cities' Legislative Policies, and to designate Councilmember Ryan as the voting delegate at the upcoming Annual Policy Adoption Meeting scheduled for Wednesday, November 14, 2012. 11/13/12 -1- DRAFT CITY—STAFF RETREAT Mr. Boganey requested City Council/EDA direction regarding the scheduling of a Leadership Retreat in the year 2013. He noted February/March has worked well in the past, and that the results from the community survey will be available in January. Councilmember/Commissioner Lasman suggested consulting with Councilmember Elect Lawrence-Anderson prior to locking in a date for the retreat. There was discussion on whether to proceed with a new facilitator for a different perspective. It was noted that it may be beneficial to have new perspective by using the services of a different facilitator at the 2013 Leadership Retreat. The majority consensus of the City Council/EDA was to schedule a Leadership Retreat on a Saturday in February or March of 2013, and to solicit RFP's for a facilitator of the Retreat. CITY MANAGER'S COMPENSATION Mayor/President Willson noted the City Council/EDA has been provided with a listing of 2012 compensation packages for the City Managers of the 10 cities identified in Council Policy 2.05 comparison communities for Council Salary. The compensation for the Brooklyn Center City Manager is in the lower range of compensation of the comparison cities. He stated Mr. Boganey does an excellent job, and that as time goes on there will be more of a gap perceived in the compensation in relation to the comparison communities. Mayor/President Willson distributed a proposed compensation package for the City Manager with a 4% increase in wage and the addition of an annual $6,000 car allowance that is not currently included in the City Manager's compensation. He pointed out that the proposed compensation package would place the City Manager's compensation in the middle of the compensation packages of the comparison cities. All of the Councilmernbers/Commissioners stated their extreme satisfaction with the job performance of Mr. Boganey. There was considerable discussion on the compensation package presented by Mayor/President Willson, as well as the option of a 3% salary increase/car allowance addition. Concern was expressed with reaction from residents to a 4% salary increase due to the current condition of the economy. It was noted that with a 4% salary increase/car allowance addition, the Brooklyn Center City Manager's compensation package would be in the middle of the compensation packages of the comparison cities, not on the high end. The majority consensus of the City Council/EDA was support of a 4% salary increase with the addition of an annual $6,000 car allowance to the Brooklyn Center City Manager's Compensation Package, retroactive to July 1St Mr. Boganey expressed his appreciation to the City Council/EDA for their appreciation of his job performance and the increase in the compensation package. He expressed his intent to remain with the City of Brooklyn Center and his strong interest in the City and his job. 11/13/12 -2- DRAFT Mayor/President Willson requested that future reviews of the City Manager's compensation package begin earlier in the year,preferably in June or July. It was noted that a minor change to the City Manager's Employment Agreement will be required due to the addition of the car allowance to the compensation package. Councilmember/Commissioner Ryan noted in relation to the timing and phasing of the pay increase and review process, that it will be important to keep in line with the comparable cities with the next review of the compensation package. Councilmember/Commissioner Myszkowski suggested considering the option of a performance bonus in next year's review. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:40 p.m. Motion passed unanimously. 11/13/12 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: November 20, 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 November 26, 2012. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 5040 Brooklyn Boulevard MECHANICAL Action Heating and Air 8140 Arthur Street NE, Spring Lake Park Master Mechanical, Inc. 1027 Gemini Road, Eagan Nordic Services, Inc. 12006 12th Avenue S,Burnsville Team Mechanical 3508 Snelling Avenue, Minneapolis RENTAL See attached report. SIGN HANGER Serigraphics Sign Systems, Inc. 2401 Nevada Avenue N, Golden Valley � �IIf1s,sion:jrnSuring(tit attractive,clean,saff,inchisive cf7llUiN nif that enhances the lflfaU4,Of l f fE for rill people and preserves the public trust i COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy —Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1—3 Year 1-2 units 0-1 3+units 0-0.75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per UnitiYear) i No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units 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: I There are no budget issues to consider. 41ission Ensuring an attractive,Clean,sq ,inctlisive comm unit thal enhances file quellig,flf lqe for alt people aafl preserves the public trust I i O — \ — i U > � 9E V) bo L O L D- u Z Z Z O O O O O O N = N C O LL CL U Q v z ro N — — — — O u v = a; a I, a� v L '0 Ln O N -- W O It r ct -O O Q� O _O O O C > a` U > U n > ai Z` L 0 c O u m O U l6 LLS O y Q a1 N 11 v L, D- Q'. UQ U bA a) +�+ c6 u a) V) YO m O i a) n a O a) I a,E N v o +� ca Q J C •V N aJ (6 — i z O O a � _9_- as o m > + U CU c ;- — -Fo — _ c Flu ra J O .. C C C a) OTC 20' LY V1 C Q X o >- >- > O J: E .E .E .E .E .E .E o U- Li Li m LL LL L- U- Li C (h Ln c- = a) v LL- w v v a� v — � OTC a) a 'a an o ao an an 'a ao u Q .O 3 CL c c c c c c c c T > m Q' c 3 a' O : N p O 7 N 0 a) o C m W L m -a z z v 'a, 3 u Ln > a) U C > N m a) v m > Q > z z Q o °) av i C Q a) a) Q) C C LL > C to �O Y C (C6 O Q Q L i �^ H U a) Q O O I m +L.+ �-+ � O O U � @ v Q > O O O m — — C Q m O Ln Ln w J Ln 0 II a1 ' O N U C: Q H Ln N !�, H N r, m O LL J O. OM -i Lm i1 :1- (0o H ON mot U * * Q- L!1 LD Lo Ln m L(1 � Ln u) iE dF 9F Q City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: 20 November 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finandutop SUBJECT: Transfer of Cash from General; Centerbrook Golf Course Fund Recommendation: It is recommended that the City Council consider approval of a resolution authorizing the transfer of$ 200,000 in cash representing excess net assets above fund balance requirements in the General Fund to the Centerbrook Golf Course Fund. Background: At the end of the 2009 fiscal year, Centerbrook Golf Course posted its first operating cash deficit for the end of any fiscal year in the amount of$ 33,422. In 2010 that grew to $ 99,649 and by the end of 2011 the cash deficit was $ 163,427. As of 15 November 2012 the loss of cash had slowed to an annual rate of about $ 16,656 leaving the accumulated cash deficit at $ 180,083 as of 15 November 2012. Planning for golf course staffing, maintenance, marketing and other operations have been reviewed and changed from the model used through the 2011 season. New operational management at the course has, as indicated, slowed the cash outflow to less than $ 20,000 per year. Future budget and operations plans will hopefully bring the course to a positive cash flow within the next year or two. Even if the course returns to positive cash flow status, it will not produce enough positive cash flow to retire its current deficit for many years. For example, if the course began running a consistent $ 5,000 annual cash surplus in 2013 it would take 36 years to being the net cash balance back to zero. It is therefore recommended that a portion of the General Fund excess net assets be transferred to the Centerbrook Golf Course Fund to bring the operating cash balance back to zero. The course is a recreational facility run for the benefit of citizens and community members just as other parks and the Community Center are recreational facilities for the community. Use of General Fund assets to fund this facility is therefore recommended as a proper transfer of net General Fund assets. Budget Issues: This action would allow the Centerbrook Golf Course Fund to plan its operations and develop its annual budget without the burden of creating significant excess cash in order to retire the accumulated cash deficit. 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 Council Goals: Strategic: 4. We will improve the city's image 7. We will continue to maintain the city's infrastructure improvements Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF UNASSIGNED GENERAL FUND NET ASSETS TO CENTERBROOK GOLF COURSE FUND WHEREAS, the City Council of the City of Brooklyn Center may transfer fiends available in its unassigned net assets to other funds by resolution; and WHEREAS, a transfer of existing 2012 General Fund net assets was discussed as a remedy to operating cash shortfalls in the Centerbrook Golf Course Fund during a City Council/Financial Commission Joint Budget Work session on Monday, 5 November 2012; and WHEREAS, the City currently holds $9,461,963 of unallocated net assets in the General fund after allotment of $233,930 during 2012 for other purposes against a policy requirement of $8,799,954 in unallocated allotment for cash flow purposes, leaving $662,009 available for other purposes as the City Council may designate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that $200,000 of the existing General Fund unassigned net assets is hereby authorized for transfer to the Centerbrook Golf Course Fund in fiscal 2012 to replenish negative operating cash balance in the fund. November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d i COUNCIL ITEM MEMORANDUM DATE: November 15, 2012 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION SETTING 2013 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Recommendation: It is recommended that the City Council consider adoption of the attached resolution setting the 2013 employer benefits contribution for full-time non-union employees. Background: The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power for health and life insurance. Our current health insurance provider is Blue Cross Blue Shield. Annually the City receives the premium increase for health insurance coverage from the LOGIS group. For 2013 the group received an 8.5%. For 2013 the single health insurance premiums range from$403 to $643. Family premiums range from$1,048 to $1,673. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for some out of pocket expenses (preventative visits are always covered at 100 %.) We are continuing efforts to encourage better consumerism hoping the results will affect and lower our claims experience, which in turn will affect our rates. In order to continue efforts in achieving the goal we are proposing a$40 per month increase to the benefit contribution and continue to offer$145 per month incentive for those employees electing to participate in a high deductible health plan. It is recommended that the City Council consider adoption of the attached resolution setting the 2013 employer benefits contribution for full-time non-union employees. The total recommended employer benefits contribution for 2013 is $794 per month (2012 amount was $754.) Those electing a high deductible health plan will receive a $145 per month incentive (2012 amount was $145.) Budget Issues: The increase of$40 per month to the cafeteria benefit plan would result in a maximum increase of$40,320. Sufficient funds are available in the general fund of the proposed 2013 budget. I Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources Mission:Enswing an attractive,clean,safe,inclusive communio3 that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING 2013 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that an increase in the City's contribution for 2013 is warranted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular,full-time non-union City employees for the calendar year 2013 shall be set at $794 per month including the cost of$10,000 in life insurance coverage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that an incentive of $145 per month shall be provided to all regular, full-time non-union City employees electing to participate in a high deductible health plan. November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: November 19, 2012 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: City Manager Employment Agreement Second Addendum Recommendation: It is recommended that the City Council consider adoption of the enclosed resolution amending the City Management Employment Agreement. Background: On November 13, 2012, the City Council met to review the current and future compensation of the City Manager. (Minutes excerpt enclosed). The Council reviewed the compensation package of the City Manager relative to his performance and to the ten (10)'City Managers in the council established peer communities. It was the consensus that a compensation adjustment is warranted. An addendum to the City Management Employment Agreement has been prepared as directed by the Council. If approved the salary of the City Manager will.increase 3.2% percent. In lieu of mileage reimbursement the Manager will receive a car allowance of$ 6000.00 per year. While the minutes reflect a 4% salary increase, this has been adjusted to reflect the recently corrected Brooklyn Center City Manager salary of$128,773. Budget Issues: Adoption of this agreement may require an adjustment to future City Manager Office operating budgets. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 11.19.12.addendum.agreement.mem W y Hissron:Ensurhr an attractive,glean,safe,Melusive coinrnunHy that euliances the duality of life for all people and preserves the public trust i Member introduced o uced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SECOND ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, the City Manager Employment Agreement provides for an annual salary adjustment following a determination of satisfactory performance by the City Manager; and WHEREAS, the City Council has determined that a salary and other compensation adjustment is warranted; and WHEREAS, both parties mutually agree to amend the City Manager Employment Agreement to reflect said changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the second addendum to the City Manager Employment Agreement provided herein be approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said addendum on behalf of the City of Brooklyn Center, November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT This Addendum is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City") and Cornelius L. Boganey (hereinafter referred to as the "Manager") as of the Day of November, 2012. WHEREAS, the City and Manager have entered into an employment agreement dated September 25, 9,006 (herein after referred to as the "Employment Agreement"); and WHEREAS said agreement was amended on October 9t1', 2006; and WHEREAS, the parties wish to amend the Employment Agreement as hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants set forth in the Employment Agreement and herein, City and Manager agree the Employment Agreement is amended as follows: Section 8.Compensation B)The Salary for the Manager shall be $132,883. C) In lieu of mileage reimbursement the Manager shall receive an annual car allowance in the amount of$6,000, to be paid in 12 equal installments. This amendment shall take effect on July 1, 2019— Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in fill force and effect. CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYEE By: By Tim Willson, Mayor Cornelius L. Boganey By: Sharon Knutson, City Clerk i Excerpt November 13,2012 Work Session Minutes CITY MANAGER'S COMPENSATION Mayor/President Willson noted the City Council/EDA has been provided with a listing of 2012 compensation packages for the City Managers of the 10 cities identified in Council Policy 2.05 comparison communities for Council Salary. The compensation for the Brooklyn Center City Manager is in the lower range of compensation of the comparison cities. He stated Mr. Boganey does an excellent job, and that as time goes on there will be more of a gap perceived in the compensation in relation to the comparison communities. Mayor/President Willson distributed a proposed compensation package for the City Manager with a 4% increase in wage and the addition of an annual $6,000 car allowance that is not currently included in the City Manager's compensation. He pointed out that the proposed compensation package would place the City Manager's compensation in the middle of the compensation packages of the comparison cities. All of the Councilmembers/Commissioners stated their extreme satisfaction with the job performance of Mr. Boganey. There was considerable discussion on the compensation package presented by Mayor/President Willson, as well as the option of a 3% salary increase/car allowance addition. Concern was expressed with reaction from residents to a 4% salary increase due to the current condition of the economy. It was noted that with a 4% salary increase/car allowance addition, the Brooklyn Center City Manager's compensation package would be in the middle of the compensation packages of the comparison cities,not on the high end. The majority consensus of the City Council/EDA was support of a 4% salary increase with the addition of an annual $6,000 car allowance to the Brooklyn Center City Manager's Compensation Package,retroactive to July 1St Mr. Boganey expressed his appreciation to the City Council/EDA for their appreciation of his job performance and the increase in the compensation package. He expressed his intent to remain with the City of Brooklyn Center and his strong interest in the City and his job. Mayor/President Willson requested that future reviews of the City Manager's compensation . package begin earlier in the year, preferably in June or July. It was noted that a minor change to the City Managers Employment Agreement will be required due to the addition of the car allowance to the compensation package. Councilmember/Commissioner Ryan noted in relation to the timing and phasing of the pay increase and review process, that it will be important to keep in line with the comparable cities with the next review of the compensation package. Councilmember/Commissioner Myszkowski suggested considering the option of a performance bonus in next year's review. Curt Boganey om: Kelli Wick Sent: Monday, November 19, 2012 11:06 AM To: Curt Boganey Subject: this 2012 city manager survey.xls Attachments: this 2012 city manager survey.xls Hi Curt After reviewing information I realized that I had a typo on the City Manager salary survey spreadsheet. I listed your wages at$127,773 and it should be$128,773. 1 apologize for any inconvenience this may cause. Please let me know if you need any further information. Kelli 1 0 cr 2) 0 =r 0 (D 2) 2. 0 (f) (n 0 (D (D < (D CL (D CL 0- 0 co Y -0 0 0 (D Z (D 0 0 3 0 5 (D =3 (D (D 0 D ( (0 -0 (D 0 (D W W -p C) w w rQ N IQ cn 0 m 00 CX) 00 0') 0') cn co w 0 Ili co NJ -4 w =3 OD C.0 (.0 C) co --4 C) (31 w (31 00 00 0') --4 0 -4 Co 0 OD -co 4 3 _0 CD C (C) (D -n c) 0-) C) m 0 0 x 3 0 4N. U) C:) N) 0 cr 0 0 cn C) W W co Cp 0') CD cyl m 0 0') co C) co CD 0 -M --4 N co --4 3 cn cn w co 0') (.0 P co --4 -a 0 cD co co N) --4 -4 co Cn 0') m P 0-) > C) 0 C) CD C) -N --4 C) 0 > 3 co N) -o w w cn C) co 0 (n CD p p p - - * -0 =1 0 co N) cn CD co co --4 W 0 0 CD co -�] -A. -N cn w CC) 0) =3 C.0 co co N) --4 --4 co COD =t 0 =3 0 =3 90 MEMORANDUM - COUNCIL WORK SESSION DATE: November 8 2012 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Compensation- City Manager Recommendation: It is recommended that the City Council consider providing direction regarding the compensation of the City Manager. Background: Section 8. Compensation, paragraph (B) of the City Manager Employment Agreement states that the City Council shall evaluate the performance of the City Manager in July of 2007 and annually thereafter... Thereafter, the Manager's salary shall be reviewed and considered at the same time as consideration of salary for other non-union employees of the City. Any changes to the Manager's salary shall be pursuant to the written agreement of the Manager and the City. I have attached to this memo a listing of 2012 compensation packages for the City Managers of the 10 cities identified in Council Policy 2.05 comparison communities for Council Salary. Those Cities are Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Roseville, Shoreview and White Bear Lake. The lowest 2012 compensation in the group is $108,087 the highest is $150,652. The mean average is $ $136,205 and the Mid-Point is $141,848. The compensation for the Brooklyn Center City Manager is $ 127,773. As indicated above, changes to the compensation of the City Manager are to be made by written agreement. I have prepared a draft template addendum to the Employment Agreement between the City and the City Manager. You may wish to use this template as a form to consider mutually agreed upon changes that can put in final form for official Council action. Policy Issues: Does the performance of the City Manager warrant a change in compensation? Council Goals: We will provide streamlined, cost effective, quality services with limited resources Enclosures: 11Hission:Lnsurir2,an attractive,clean,safe,inefusrre community,that enhances the guallty of life for all people and preserves the public trust City Manager Employment Agreement THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation(hereinafter referred to as the"City") and Cornelius L. Boganey (hereinafter referred to as the"Manager") as of the 25th day of September, 2006. WHEREAS, the City wishes to engage the services of the Manager as a professional employee; and WHEREAS, the parties wish to set forth the terms and conditions of their relationship in this contract in order to assure the requisite flexibility to enable the Manager to function as the City's chief administrative official; and WHEREAS, the nature of the Manager's position requires continued professional training and attendance at meetings during evenings and other non-traditional work times. NOW, THEREFORE, in consideration of the mutual covenants set forth in this agreement,City and Manager agree as follows: Section 1. Employment. Manager shall be employed by the City as City Manager commencing on the 26th day of September, 2006. Section 2 Duties. The duties of the Manager's position shall be as set forth in the City's Charter and ordinances and such other duties which are consistent therewith as may be assigned from time to time by the City Council. Section 3. Discharge of Duties. Manager shall be paid a salary as a professional employee and shall not be paid overtime for hours in excess of 40 hours per week and similarly shall be able to be absent in consideration of extraordinary time expenditures. The discharge of Manager's duties requires work outside the normal work day for meetings and projects. To that end, the Manager will work flexible hours as is necessary to Manager to discharge the duties of his position. Section 4. Evaluation. Manager shall be evaluated on the performance of his duties in July of 2007 and at least annually thereafter by the City Council as a whole. Such evaluation shall be based on the written goals established by the City Council and the general duties set forth in Section 2 of this Agreement. Section 5. Participation in Employee Benefits. A) Health Insurance. The City shall provide health insurance coverage for the Manager in the same fashion as it provides health insurance for non-union employees. B) Life Insurance. The City shall provide life insurance coverage for the Manager in the same fashion as it provides life insurance for non-union employees. -1- C) Except as otherwise specified within this Agreement, Manager shall receive or be eligible to participate in any other benefits provided for non-union employees generally. Section 6. Vacation and Holidays. Manager shall accrue days of vacation on the first day of each month equal to an annual rate of 20 days per year. Manager may accrue vacation to a maximum accumulation of 200 hours. Manager shall not be required to use vacation leave except for a whole day's absence fiom performing Manager's duties. The Manager may, at Manager's discretion take %2 day increments of vacation leave for an absence from the performance of Manager's duties. Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to payment for all accrued and unused vacation leave at the Manager's then current rate of compensation. Manager shall also have the same paid holidays off from work as the City's non-union employees. Section 7. Sick Leave. Manager shall accrue days of sick leave at the same rate as other non-union employees. Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to payment for all unused sick leave in accordance with the provision of the City's personnel code applicable to non-union employees. Section 8. Compensation. A) Initial Salary. The Manager's initial salary at the commencement of this contract shall be $115,000 per year. Such salary shall be paid at the intervals customarily used for other city employees. B) Evaluation and Salary Increases. The City Council shall evaluate the performance of the Manager in July of 2007 and annually thereafter. The Manager's salary shall be increased to $119,000 effective July 1, 2007, if Manager's performance is deemed to be satisfactory. Thereafter, the Manager's salary shall be reviewed and considered at the same time as consideration of salary for other non-union employees of the City. Any changes in the Manager's salary shall be pursuant to the written agreement of the Manager and the City. C) Personal Auto Usage. Manager shall be reimbursed for personal automobile use for trips, meetings, work, and other use related to his employment at the rate consistent with Internal Revenue Service regulations. D) Professional Membership Dues and Professional Subscriptions. The City will pay the cost of membership in the International City/County Management Association, the Minnesota City/County Management Association, and like organizations and subscriptions to professional journals and publications. -2- E) Participation in Professional Training/Development. The City will pay the cost of the Manager's participation and attendance at the ICMA Annual Conference or similar national training opportunity, MCMA Annual conference, League of Minnesota Cities Annual Conference and.miscellaneous professional training programs offered within the State of Minnesota. Section 10. Expenses Incurred in Performing Duties. The City shall reimburse or directly pay for actual expenses reasonably incurred by the Manager that are directly related to performing Manager's duties. The parties contemplate that the Manager will incur expenses for travel, attendance at meetings, etc. The Manager will be reimbursed for use of the Manager's personal car at the current IRS rate. Section 11. Retirement Benefits. The City shall pay the employer's portion of the Minnesota Public Employment Retirement Association contribution on Manager's salary. The Manager shall, in addition to the retirement benefits provided above, be allowed to participate, at Manager's own expense, in IRS approved deferred compensation plans offered through the City. Section 12. Discontinuance of Employment Relationship, The Manager shall be removable by the City Council at will subject only to the limitations imposed by the City Charter. Understanding that the Manager serves as the chief administrative official for the City and Manager's employment status can be affected by political influences that are independent of job performance, the parties wish to make arrangements that reflect the realities of the marketplace and are necessary to recruit qualified persons. The parties wish to assure flexibility for the council, while providing for the ability of the Manager to perform Manager's duties without undue concern for Manager's financial security should the need arise to seek new employment. Therefore, the parties have made concessions and the Manager, as part of Manager's compensation agreement has made concessions in the amount of salary and other forms of compensation in return for the. covenants contained in this section 12 relating to the discontinuance of the employment relationship. A) Manager shall give the City 30 days notice prior to discontinuing Manager's employment, where there has been no event constituting an involuntary separation as hereinafter set forth. B) In the event an"involuntary separation" occurs, the Manager may choose to resign prior to the effective date of any formal action by the City to terminate Manager's employment. C) Definitions. For purposes of this Agreement the term "involuntary separation" shall mean a formal request adopted at a public meeting by the City Council that the Manager resign or an action adopted by the City Council terminating this Agreement. The term "involuntary separation" shall also mean the resignation of the Manager within 30 days of the effective occurrence of any of the following: i) A change in the form of government at the City due to the adoption, amendment or repeal of a home rule charter, election to adopt or repeal a particular statutory form of government (other than for a Plan B statutory form of government), or an ordinance/resolution changing the City's organizational structure that diminishes or reassigns the Manager's authority. -3- ii) A fundamental change in the duties and authority of the Manager adopted by the City Council, by special or general election, or by referendum or initiative such that the City of Brooklyn Center's status as a council-manager plan city is changed by ICMA to some status other than a council-manager form of government. D) Payment upon Involuntary Separation. In the event of an involuntary separation, whether through a resignation or resolution/motion terminating the Agreement, the Manager shall be entitled to the following: a) Payment of all accrued vacation and sick leave at its full value at the Manager's current rate of pay. b) Payment by the City of the full cost of family health insurance, at level of coverage in effect just prior to the involuntary separation for a period of A full months from the date such involuntary separation becomes effective. In addition, the Manager shall be entitled, at Manager's own cost to continue participation in the City's group insurance plans for at least 18 months after the City is no longer required to make full payment of premiums for Manager's_ insurance coverage, provided the City's group insurance plan authorizes such continued participation. c) Severance Payment. The Manager shall receive the following severance benefits: i) Six (6)months salary computed at 1/2 the Manager's gross annual wages. d) Time of payment. All payments due under this section shall be paid by noon on the day after the separation becomes effective. IF) Payment Upon Voluntary Termination. Upon the Manager's voluntary termination of employment,he shall be entitled to full payment by the next following pay period of- a) Payment of all accrued vacation and sick leave at its full value at the Manager's current rate of pay. b) Payment of all wages for days worked since the last payroll period prior to separation. G) Nothing herein shall be deemed a waiver of any rights or claims that either party may have beyond the compensation due in the normal course of the separation of the Manager from the City's employ. Section 13. Term. This Agreement shall be for an indefinite term until terminated by one or both of the parties as set forth in this Agreement. Section 14. Indemnification. The City shall defend and indemnify the Manager pursuant to Minnesota Statutes 466.07 and 465.76. The City shall also defend and hold harmless and indemnify the Manager from all torts, civil damages, penalties, fines, provided the Manager was acting in the performance of Manager's duties. -4- Section 15. Merger. This Agreement supersedes all prior oral or written communications between the parties. Section 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the employment relationship between the City and the Manager and the parties agree that there were no inducements or representations leading to the execution of this Agreement except as herein contained. Section 17. Severability. In case any one or more of the provisions of this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. Section 18. GoverninI4 Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Minnesota. Section 19. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will be constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. THE CITY OF BROOKLYN CENTER, EMPLOYEE MINNESOTA By — -- M a Kragness Corn us L. oganey Its Mayor -5- I� ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT This Addendum is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City"), and Cornelius L. Boganey(hereinafter referred to as the "Manager") as of the 9th day of October, 2006. WHEREAS, the City and Manager have entered into an employment agreement dated September 25, 2006 (hereinafter referred to as the 'Employment Agreement"); and WHEREAS, the parties wish to amend the Employment Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth in the Employment Agreement and herein, City and Manager agree that the Employment Agreement is amended as follows: 1. Section 12, paragraph D) of the Employment Agreement is amended by adding the following sentence: e) If the Manager is terminated by the City Council for substantiated and proven malfeasance in office, or intentional misconduct, the City shall have no obligation to provide payment and benefits listed in paragraph D) a) through D) c) of this section. Intentional misconduct is defined as substantiated and proven sexual,racial or other unlawful harassment, distribution of pornography, or acts of physical violence in the work place. "Intentional misconduct" and "malfeasance" as used in this paragraph do not include poor performance or neglect of duties. Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in full force and effect. CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYEE By: _ Myrna Kr4mess, Mayor Comeli ganey By: Sharon Knutson, City Clerk MEMORANDUM TO: Mayor Willson FROM: Curt Boganey, City Manag DATE: October 15, 2012 SUBJECT: City Manager Salary Comparison Please find enclosed a copy of the most recent City Manager salary and other compensation comparisons for the 10 standard comparison cities. The data was collected by the City Human Resources Manager. Please let me know if you require any additional information. i i i i i i salary.mem.2012 2012 City Manager Salary Survey Annual Car Life Health Deferred Total City Wage Allowance Insurance Insurance Comp Other Comp Brooklyn Center $127,773 $127,773 Crystal $125,881 $6,000 $125,000 reg life is$20,000 $131,881 Fridley $126,301 $4,177 $50,000 $9,157 reg life is$25,000 $143,424 (no PERA) no PERA gets equiv in $3,789 deferred comp 3%addtl Golden Valley $136,797 $6,144 $142,941 Maplewood $131,290 $6,000 $7,877 $145,167 6%addtl New Hope $108,087 $108,087 Richfield $143,936 $6,716 $150,652 Roseville $138,258 $138,258 Shoreview $136,448 $5,400 $141,848 White Bear Lake $116,605 $3,900 $6,240(retirement opt) $132,019 $5,274(perf pay) I i I i i City Council Agenda Item No. 6f III COUNCIL ITEM MEMORANDUM DATE: November 19, 2012 TO: City Council FROM: Curt Boganey, City Mana6P3 SUBJECT: 2012 Success Targets- Safe and Secure Community Recommendation: It is recommended that the City Council consider adoption of the resolution establishing revised Strategic Plan Success Targets for the strategic goal of ensuring a safe community. Background: In October the City Council met in worksession (Minute excerpts enclosed) to discuss the success target language of the Safe Community Strategic Goal. For years the first desired outcome for this goal has been the following: The threat and fear of real or perceived crime among citizens and others will be greatly reduced. The success target for this outcome has been the following: 1. Reduce violent crime by 10% or more each year 2. Reduce property crimes by 10% or more each year. Even when these targets were adopted it was understood that at some point in the future they would need to be revised. Last year the Council agreed that it was time to review these targets and to consider targets that may have more value to citizens, staff and City Council. At the October 22°d worksession it was the consensus to consider modifying these targets as follows: 1. The Part 1 Crime per capita index in Brooklyn Center shall be no greater than the Part 1 Crime index per capita for Hennepin County Furthermore we adopt the following annual objectives which will be reviewed annually by the City Council and revised as deemed appropriate. • Larceny incidents shall be reduced 5% annually • Domestic Aggravated Assault incidents shall be reduced by 10 % annually • Non- Domestic Aggravated Assault incidents shall be reduced by 10 % annually • Robbery incidents shall be reduced by 10% annually • Burglary incidents shall be reduced by 10% annually Mission:Ensuring an attractive,clean,safe,inclusive conanunrty,that enhances the quality of life for alt people anal preserves the public crust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 3. We will ensure a safe and secure community Hission:Ensuring an attractive,clean,sqf ,inclusive conuntrnity ttrat enhances the quali{v of lij�, for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING REVISED STRATEGIC PLAN SUCCESS TARGETS FOR DESIRED OUTCOME; THREAT AND FEAR OF REAL OR PERCIEVED CRIME AMONG CITIZENS WILL BEREDUCED WHEREAS,The Brooklyn Center City Council has reviewed the Strategic Plan,its goals, desired outcomes and success targets; and WHEREAS, The City Council has determined that the previously adopted success targets for a safe and secure community were in need of revision; and WHEREAS, it was determined that the new success targets would be more realistic and valuable in communicating our objectives to citizens and staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that the following success targets shall be adopted for the achievement of desired outcome number one regarding reducing the threat and fear of crime among citizens: D.0.1. In Brooklyn Center The Part 1 Crime per capita index shall be no greater than the Part 1 Crime index per capita for Hennepin County Furthermore we adopt the following annual objectives which will be annually reviewed by the City Council and revised as deemed appropriate. • Larceny incidents shall be reduced 5% annually • Domestic Aggravated Assault incidents shall be reduced by 10 % annually • Non- Domestic Aggravated Assault incidents shall be reduced by 10 % annually • Robbery incidents shall be reduced by 10% annually • Burglary incidents shall be reduced by 10% annually i July 25, 2009 Date Mayor ATTEST: City Clerk i The motion for the adoption of the foregoing resolution was duly seconded by member i i i RESOLUTION NO. 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. Excerpt Minutes 10/22/12 Worksession SUCCESS TARGET UPDATE Mr. Boganey introduced the item and reviewed that in March, the City Council had talked about success indicators related to Goal #1: Reduce violent crime by 10% or more each year; and, reduce property crimes by 10% or more each year. He noted that even though successful over the last several years to meet or exceed that reduction, the crime rate would get to a point of plateau. The City Council had discussed the fact that "Part 1 crimes" is such a broad term and covers a lot of different crimes so it may not be the best measure of success in Brooklyn Center. Mr. Boganey stated staff is suggesting the City look at the four Part 1 crimes that created the greatest impact on residents' and businesses' sense of safety and security and to develop success indicators that would be more reflective of success. Police Chief Kevin Benner stated the City Council discussed in March how to measure crime reductions and impact. Since 2007, Part 1 crimes have declined 40%, an outstanding number but to continue that decline is a challenge. Chief Benner reviewed current strategies in place for reduction of domestic a gg ravated assaults and difficulty in impacting non-domestic a gg ravated assaults. With regard to larceny, he explained that a large percentage relates to theft and shoplifting. The number of shoplifting arrests is up significantly, 36 in the last 30 days, at Walmart alone due to its aggressive loss prevention efforts. Chief Benner noted that while there has been a reduction in theft of automobiles, there is a spike in larceny crimes due to those increased shoplifting arrests. Chief Benner recommended reporting Part 1 crimes in a way that is easy to understand so residents can retain the message and asked the Council to consider expanding the measurable outcomes for Part 1 crimes to encompass specific crimes within that category: aggravated assault,robbery,burglary, and larceny. Mayor Willson stated he is not opposed to including values and refining goals based on general categories but does not want to lose sight of the Police Department's success in reducing Part 1 crimes by 40%. He agreed that a 10% per year reduction in Part 1 crimes is probably unrealistic across the board. Discussion on this item continued and reached conclusion at the October 22, 2012, Work Session. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:59 p.m. i SUCCESS TARGET UPDATE i City Manager Curt Boganey displayed a chart depicting a Part 1 crime rate comparison and asked the City Council/EDA to consider a two-pronged approach. He explained staff i recommends determining an objective goal as one measure of success as o pp osed to the current 10% annual reduction goal. Staff suggests using the Hennepin County index for Part 1 crimes as being one potential measure of success. He referenced the chart on display, noting the Brooklyn Center line for Part 1 crimes is higher than that of Brooklyn Park, Hennepin County, or the State of Minnesota. Mr. Boganey indicated staff thinks Brooklyn Center can achieve the level of Hennepin County or its per capita rate over time and believes that is a reasonable measure of success. Staff recommends establishing the Hennepin County index as one measure of success in each of the Part 1 Crime categories. Mr. Boganey stated staff also recommends establishing annual objectives in the four categories identified earlier by Police Chief Benner (larceny, domestic aggravated assault/non-domestic aggregated assault, robbery, burglary) since those categories are critical elements of crime that have the greatest impact on an individual's sense of security and safety in the community. For those particular categories, staff recommends annual objectives of a 10% reduction or greater each year with the exception of larceny, which is recommended at 5%. Mr. Boganey explained larceny is recommended at 5% because much of that category is made up of crimes like shoplifting where proactive efforts create higher numbers. Mayor Willson noted the City should see a decline in property thefts but he would like to see an increase in shoplifting arrests to assure the businesses are being proactive in theft prevention. Mr. Boganey stated that is correct in the short term; however, in the long term shoplifting arrests should decrease to show that loss control measures are taking effect and discouraging shoplifting. i, Councilmember/Commissioner Lasman noted it is not just Walmart but also other retail operations that come into the area. The City needs to stress the importance of loss prevention efforts so the message gets across that Brooklyn Center is not the town to do shoplifting. The City Council/EDA discussed the trend of Part 1 crimes and reached consensus to support staff's recommendation. It was agreed that continuing the annual 10% reduction is not as effective long term and that aggregating data will better address crimes that most impact Brooklyn Center's residents and create easily understood statistics. The City Council/EDA agreed that the 40% reduction in Type 1 crimes since 2007 shows how effective the Police Department has been,that it is well staffed and administered. Mayor/President Willson extended the appreciation of the City Council/EDA to Police Chief Benner for his leadership and asked him to extend that appreciation to the entire Police Department. Mr. Boganey indicated updated crime statistics would be presented in January of 2013 prior to the City Council/HRA retreat. Mayor/President Willson asked Mr. Boganey to add this discussion to the City Council/HRA retreat agenda. The majority consensus of the City Council/EDA was to direct staff to draft new policy language as discussed for incorporation into the strategic plan. i ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:32 p.m. Motion passed unanimously. success target update.excerpt. 10.22.12 I i I� MEMORANDUM - COUNCIL WORK SESSION DATE: October 19, 2012 TO: City Council FROM: Kevin Benner, Chief of Police and Curt Boganey, City Man SUBJECT: 2012 Measureable Outcomes for Strategic Goals Recommendation: It is recommended that the City Council consider expanding the measurable outcomes for part one crimes, Background: In March 2012, it was discussed at the City Council work session that measurable outcomes for part one crimes could be expanded to encompass specific crimes within that category. The part one crimes that are uniformly compared by every law enforcement agency are hornicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson. Although each of these crime types have a weight in the overall total of part one crime,they can also be measured separately. Moving forward from the overall part one crime category, we are looking at two areas of measurement to provide all even more distinct image of what would be considered a success in crime reduction. The first would be to provide a historical comparison Of the four largest impacting crime categories: aggravated assault, robbery, burglary, and larceny. An annual percentage of change within each crime category can help provide a more surgical outcome expectation. With an in-depth internal comparison, we would be able to measure our impact specifically within each crime category. For example, the category of larceny contains a large uUmber of cases that are generated by"proactive enforcement actions from loss prevention teams for shoplifting, and reduction strategies in this category are substantiall y different than for other crime types. In the case of larceny, we would look at separating the shoplifting cases from the remaining larceny cases to measure how efforts impact larceny with and without external proactive actions. The remaining breakdowns for comparison would be as follows: t) Domestic aggravated assault and non-domestic aggravated assault 2) Robbery of a person and robbery of a business 3) Burglary of a business or burglary of a home In addition to the annual reduction goals it is recommended that we establish a primary Success measure as being equal to or lower than the Hennepin County Crime Index for each of categories listed above where a comparable published measure is available. Council Goals: Strategic: 3. We will ensure a safe and secure community, 4. We will improve the city's image. 10.19.12 Mission:E'll.val-ing fill defln,vtji!,111dusive communiti,thal enhances the(pialih-qfflfe fin,all petple fradpreserve.5 the public intv i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 12,2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:07 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial,Inc. CITY COUNCIL FACILITATED RETREAT UPDATE—CONTINUED It was noted that consensus had been reached during the recent City Council facilitated retreat relating to strategic goals, desired outcomes, and success targets. The EDA/City Council discussed objectives requiring further discussion. Goal#1: 1. Reduce violent crime by 10%or more each 2. Reduce property crime by 10% or more each year. City Manager Curt Boganey displayed a chart depicting the Part I crime rate without theft i (shoplifting). He explained one of the flaws with using a single indicator (Part I crimes)is that it j includes eight types of crimes including shoplifting and murder so when you aggregate the crimes to a single number, it may not present the clear picture intended. Police Chief Kevin Benner advised of the crimes included in Part I crimes. Mr. Boganey raised the option of segregating out certain Part I crimes and look at Part II crimes, or those having the most significant impact on Brooklyn Center, and setting targets on particular crimes within those groups. Then the City can determine where to focus its resources and goals on those identified crimes. Mr. Boganey described options available for the EDA/City Council's consideration. Chief Benner noted in 2007 the City Council had decided to focus on violent crimes and that focus resulted in a substantial decline, as depicted in the crime rate chart. He recommended the 03/12/12 -1- I i I I City now focus on simple assaults because the City has a disproportionate number of assaults and domestic violence,in addition to DWI enforcement to reduce that type of accident. Councilmember/Commissioner Myszkowski supported focusing on burglary crimes, which is significant to Brooklyn Center, Councilmember/Commissioner Ryan commented on the potential upswing should a specific target be set that is low in incidents. He stated he has received complaints about people coming on the bus and committing burglaries in Brooklyn Center. Councilmember/Commissioner Kleven noted crime changes over times depending on the neighborhoods and changes in the law also increases the rate of apprehensive, such as with copper theft. She stated she is thrilled with the work of the Police Department. Councilmember/Commissioner Lasman noted as retail-redevelopment occurs,more incidences of theft will be reported. She stated she wants to see measurable results in resident's safety and supported focusing on burglaries. Mayor/President Willson indicated he was looking for a decline in numbers across-the-board, creating a downward trend. Chief Benner advised that 500 of the City's larceny cases were shoplifting and during the last six months domestic assaults are down 40 percent because the Department has focused on repeat offenders. He also advised that the top arson incident in Brooklyn Center is the burning of "porta-potties" and in recent months the majority of crimes were known, not being random in nature. Mayor/President Willson stated the Police Department has been doing an excellent job in Brooklyn Center and has a cooperative relationship between officers, staff, and individuals. Chief Benner thanked the EDA/City Council for its support. Mr Bogane��stated staffwil�analy�e_the data and xeturn with.possible;success_uidicators tb:at are j more�ocused onB�ooklyn�entei than�pn_asm�le,measure;,; i, Goal#1: 3. City survey results will reflect that all citizens feel safe walking alone at night The EDA/City Council agreed with the suggestion of Councilmember/Commissioner Lasman to broaden this survey question to include: "in the metro region" or "Do you feel less so in j Brooklyn Center." Goal #2: 2. At least 80% of privately owned vacant commercial properties will complete _development by 2016...redevelopment of these properties will commence by 2012 t I 03/12/12 -2- i i The EDA/City Council indicated it had been thought the economic recover would occur quicker but the City's Vacant Property Ordinance contains built-in incentives, which have resulted in improved properties. Mr. Boganey indicated staff will provide data on how far the City is from meeting the 2016 date. The consensus of the EDA/City Council was to leave this goal as stated pending additional staff input. Goal#3: 1. By 2013 the average residential sale price will stop declining The consensus of the EDA/City Council was that this goal is at the "mercy" of the real estate market,to leave this goal as stated,and review it again next year. Goal #4: Positively embrace the community demographic make-up and increasing cultural diversity The consensus of the EDA/City Council was to use staff recommended language. Goal #4: 2. All youth who desire will be productively engaged in recreational activities or educational programs The EDA/City Council discussed the wording of this goal and whether the City should provide programming to assure all youth are enabled or engaged. Agreement was reached that while a good philosophy,the City does not have funding for such monetary contributions but could work in partnership with other organizations, such as the school district. Mr. Boganey noted the current wording leaves it open to all options, whether through City funding, grants, or working with partners. The consensus of the EDA/City Council was to leave this goal as stated. Goal#S: The traveling 12ublic will benefit from multi-modal transportation options fostered and provided by the City Mr. Boganey indicated the EDA/City Council's comments from the retreat related to safe transportation. The EDA/City Council acknowledged there was some resident displeasure with the current light rail route through Minneapolis and that it would be of great benefit for the City to be on the light rail corridor. The consensus of the EDA/City Council was to reword this goal to indicate: "...benefit from safe multi-modal transportation..." 03/12/12 -3- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 12, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:07 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vicki Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL FACILITATED RETREAT UPDATE—CONTINUED It was noted that had been reached during the recent City Council facilitated retreat relating to strategic goals, desired outcomes, and success targets. The EDA/City Council discussed objectives requiring further discussion. Goal#1: 1. Reduce violent crime by 10%or more each year. 2. Reduce property crime by 10% or more each year. City Manager Curt Boganey displayed a chart depicting the Part I crime rate without theft (shoplifting). He explained one of the flaws with using a single indicator (Part I crimes) is that it includes eight types of crimes including shoplifting and murder so when you aggregate the crimes to a single number, it may not present the clear picture intended. Police-Chief Kevin Benner advised of the crimes included in Part I crimes. Mr. Boganey raised the option of segregating out certain Part I crimes and look at Part II crimes, or those having the most significant impact on Brooklyn Center, and setting targets on particular crimes within those groups. Then the City can determine where to focus its resources and goals on those identified crimes. Mr. Boganey described options available for the EDA/City Council's consideration. Chief Benner noted in 2007 the City Council had decided to focus on violent crimes and that focus resulted in a substantial decline, as depicted in the crime rate chart. He recommended the 03/12/12 -1- DRAFT I improved properties. Mr. Boganey indicated staff will provide data on how far the City is from meeting the 2016 date. The 11111M the EDA/City Council was to leave this goal as stated pending additional staff input. Goal#3: 1. By 2013 the average residential sale price will stop declining The of the EDA/City Council was that this goal is at the "mercy" of the real estate f� market,to leave this goal as stated, and review it again next year. Goal #4: Positively embrace the community demographic make-up and increasing cultural diversity of the EDA/City Council was to use staff recommended language. Goal #4: 2. All youth who desire will be productively engaged in recreational activities or educational programs The EDA/City Council discussed the wording of this goal and whether the City should provide programming to assure all youth are enabled or engaged. Agreement was reached that while a good philosophy, the City does not have funding for such monetary contributions but could work in partnership with other organizations, such as the school district. Mr. Boganey noted the current wording leaves it open to all options, whether through City funding, grants, or working with partners. of the EDA/City Council was to leave this goal as stated. Goal #5: The traveling_public will benefit from multi-modal transportation options fostered and provided by the City Mr. Boganey indicated the EDA/City Council's comments from the retreat related to safe transportation. The EDA/City Council acknowledged there was some resident displeasure with the current light rail route through Minneapolis and that it would be of great benefit for the City to be on the light rail corridor. The of the EDA/City Council was to reword this goal to indicate: "...benefit from safe multi-modal transportation..." NATIONAL LEAGUE OF CITIES SERVICE LINE PROGRAM Mr. Boganey introduced the item and requested the EDA/City Council's feedback if it wanted to become involved in the Service Line Program. 03/12/12 -3- DRAFT The EDA/City Council discussed the program and all expressed concern with the City endorsing a private business and that residents may misinterpret the letter and think it is a mandatory program. Mr. Boganey suggested the EDA/City Council request a representative attend a future meeting to answer the EDA/City Council's questions. He indicated the City has to approve the letter and could ask whether a clear statement can be included indicating even though the City is endorsing this service, other similar services are available that residents may want to consider. Mr. Lillehaug advised that the program has been in existence for three years and in Minnesota, only the city of Buffalo uses this program. The majority of the EDA/City Council was to request more information, a copy of the draft letter proposed to be mailed to residents, determine whether the City can change wording of the letter, and provide a solid estimate of the subscriber rate. BROOKLYN BRIDGE ALLIANCE FOR YOUTH UPDATE Mr. Boganey introduced the item and explained the Brooklyn Bridge Alliance for Youth, established by Mayor/President Willson and Brooklyn Park Mayor Lampi, has been in existence for three years. The Alliance has held discussion for several years, had several significant conferences, and developed a strategic plan as a first step toward action to provide quality opportunities for youth. Mr. Boganey indicated that to move that agenda forward, it will take resources beyond existing staffing. He noted a budget has been prepared and, if approved, the Alliance would contact potential partners about their willingness to provide some funding. Mr. Boganey explained he thinks Brooklyn Center will have to take the lead to demonstrate the value of the Alliance and ability to implement the strategic plan. If successful, he expects other partners to make larger contributions toward sharing the cost. Mr. Boganey indicated Brooklyn Park has offered to contribute $50,000 and he would recommend Brooklyn Center contribute $25,000. The Alliance would then look for contributions of$5410,000 from school districts, counties, and others. Mr. Boganey asked the EDA/City Council whether it was willing to "kick- start"the project by making a contribution. Mayor/President Willson asked why only a$25,000 contribution if Brooklyn Park is contributing $50,000. Mr. Boganey explained Brooklyn Park has double the population. Mayor/President Willson indicated he would prefer an equal partner relationship and would support matching the Brooklyn Park contribution of$50,000. Councilmember/Commissioner Myszkowski indicated she also supported matching the contribution of Brooklyn Park, thinking it is important to deploy those resources, if the City has them,to show it really care about its youth. Councilmember/Commissioner Ryan agreed Brooklyn Park has twice the population of Brooklyn Center and asked if the proposed level of contribution was the most strategic application of the City's limited resources. 03/12/12 -5- DRAFT Councilmember/Commissioner Ryan stated he assumes Mr. Boganey's recommendation of $25,000 is shaped by what the City can do but if Mr. Boganey suggests it is strategically to the City's advantage to increase the amount,he is willing to consider it. Mr. Boganey stated there is clear EDA/City Council to contribute to kick start the program with the majority supporting $25,000 and some willing to contribute more. He stated he will look at the budget, find out the position of other partners, and bring back a report and recommendation for the EDA/City Council's consideration. BROOKLYNS YOUTH COUNCIL REQUEST—COUNCILMEMBER RYAN Councilmember/Commissioner Ryan requested EDA/City Council discussion on the best way to more forward in terms of formalizing a working relationship between the Brooklyns Youth Council and Brooklyn Center City Council. He indicated he had offered the Brooklyns Youth Council two options: 1.) Schedule Brooklyns Youth Council representatives to address the City Council at Open Forum or Work Session; or, 2.) Authorize a volunteer citizen commissions to research issues in the City and bring recommendations to the EDA/City Council. Councilmember/Commissioner Ryan indicated they chose to pursue the second option of a volunteer citizen commission. Councilmember/Commissioner Kleven noted the Brooklyns Youth Council meets on the first Monday so there may be need for them to adjust their meeting date. She indicated that 16 members were at the meeting she attended with Councilmember/Commissioner Ryan. Councilmember/Commissioner Lasman asked whether this "volunteer citizen commission" would be formally recognized by the City or an informal liaison appointment. Councilmember/Commissioner Ryan suggested consideration of a commission operated on an ad-hoc basis. Councilmember/Commissioner Myszkowski asked what the Brooklyn Park City Council had decided and indicated she is excited about this opportunity, which will give the youth a voice. Councilmember/Commissioner Lasman noted the Brooklyns Youth Council will need to understand that the City Council's meeting schedule would take priority if there is a conflict. Councilmember/Commissioner Myszkowski stated the Brooklyns Youth Council has a van to pick up youth so they can attend the meeting so it may be difficult to change a meeting night. The OEM of the EDA/City Council was to direct staff to draft a resolution to formalize the 0 creation of an ad-hoc commission with the Brooklyns Youth Council for a two-year term and appoint Councilmember/Commissioner Ryan to attend as the EDA/City Council's liaison and address scheduling if a conflict arises. 03/12/12 -7- DRAFT MEMORANDUM - COUNCIL WORK SESSION DATE: March 9,2012 TO: City Council FROM: Curt Boganey, City Mane SUBJECT: Facilitated retreat update Recommendation: It is recommended that the City Council consider providing direction to staff regarding potential changes to the City Strategic Plan goals, outcomes and success targets. Background: On Saturday March 1St the City Council and Staff met in a.facilitated leadership-planning retreat. During the retreat there was a review of Strategic Goals Desired Outcomes and Success Targets. During the review it was agreed that the following objectives may require further discussion. Goal#1 D.O.1 Success Targets 1. Reduce violent crime by 10% or more each year 2. Reduce property crime by 10% or more each year. D.0.2 Success Target 3. City survey results will reflect that all citizens feel safe walking alone at night Goal#2 D.O. 1 Success Target 2. At least 80% of privately owned vacant commercial properties will complete development by 2016.......Redevelopment of these properties will commence by 2012. Goal#3 D.O. 5 Success Target 1. By 2013 the average residential sales price will stop declining Goals #4 Positively embrace the community demographic make-up and increasing cultural diversity (Rewrite with new agreed upon language). 2. All youth who desire will be productively engaged in recreational activities or educational programs. Mission:Erisurirtg uri attractive,clean,safe community that enhances the quallti'of life and preserves the public trust i MEMORANDUM - COUNCIL WORK SESSION Goal #5 The traveling public will benefit from multi-modal transportation options foster and provided by the city On Monday we will continue the dialogue related to these policy goals and objectives so that we can refine and establish clear Council expectations for the development and implementation of appropriate strategies and actions. Council Values: Visionary Leadership and Planning: We believe that the very essence of leadership is to be visionary and to plan for the future Mission:Ensuring an attractive,clean,safe coninurniti,that enhances the gnality of life and preserves the public trust i Strategic Plan Brooklyn Center 2012 Our Mission To ensure an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Our Values Excellence and quality service delivery We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Ethics and integrity We believe that ethics and integrity are foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future Fiscal Responsibility We believe that fiscal responsibility and prudent stewardship of public funds is essential for citizen confidence in government. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for. employees Professionalism We believe that a commitment to ethical values and continuous improvement is the mark of professionalism. We are committed to applying this principle to the services we offer and to the development of our employees. Inclusion We believe that each person has equal and intrinsic value and that the best decisions are mad when diverse viewpoints are respected 1 i Strategic Plan Brooklyn Center 2012 Ongoing Goals 1. We will provide streamlined, cost effective quality services with limited resources 2. We will ensure the financial stability of the City 3. We will move toward maintaining or lowering the level of the City's property taxes 4. We will ensure the city's influence at the legislature 5. We will ensure the City drinking water is high ug ality and that the storm water and sanitary system is properly managed Strategic Goals 1. We will aggressively proceed with implementation of City's redevelopment plans 2. We will stabilize and Improve residential neighborhoods 3. We will ensure a safe and secure community 4. We will Improve the image of the City with citizens and those outside of the City's borders 5. We will value and benefit from the community's demographic makeup and cultural diversity 6. We will increase the engagement of all segments of the community 7. We will continue to maintain and upgrade City infrastructure improvements 8. We will encourage city wide environmental sustainability efforts 2 Strategic Plan Brooklyn Center 2012 Desired Outcomes and Success Targets O.G.1.We will continue to provide streamlined, cost effective quality services with limited resources The quality of service delivered by the City will consistently meet or exceed customer expectations (d.o.1) Success Targets 1. Customer surveys for City services delivered will reflect customer satisfaction from not less than 90%of respondents Service delivery will improve on an ongoing basis Success Targets 1. Implementation and execution of continuous improvement program throughout all departments 2. Qualification for Malcolm Baldridge or comparable quality improvement award. 3. Cost effectiveness performance benchmark comparisons from each department will reflect upper quartile performance for each high priority benchmark measure O.G.2. We will ensure the financial stability of the City City funds will be protected against loss (d.o.1) Success Targets 1. All City funds will be FDIC insured up to the legal maximum per account 2. Any funds in excess of the FDIC maximum in any one account will be properly collateralized. 3. The City's investment portfolio will be diversified so as to minimize potential losses on individual securities. The City administration will provide meaningful short, intermediate and long term fiscal planning (d.o.2) Success Targets 3 Strategic Plan Brooklyn Center 2012 1. The operating budget document will provide annual and multi year operating plans. 2. Staff will annually provide life-cycle capital plans for all long-lived assets. City will take appropriate actions to buffer essential services against the effects of significant economic downturns (d.o.3) Success Targets 1. Fund reserves as indicated by year end cash balance will be maintained at levels allowing for short term funding of operations in emergency situations 2. Essential services as determined by the City Council will be funded from non-volatile resources. City will position itself for economic growth (d.o.4) Success Targets 1. The City will keep current and adhere to the Comprehensive Plan 2. Capital Improvement Plans will reflect the intentions of the Comprehensive Plan O.G.3.We will move toward maintaining or lowering the level of the City's property taxes Except in extraordinary circumstances the property tax levy will not increase faster than the rate of inflation (d.o.1) Success Targets 1. Property tax levy increases do not exceed the rate of inflation. 2. If the tax levy increase exceeds the rate of inflation a clear, extraordinary circumstance is identified. The City will expand the proportion of industrial and commercial tax base to relieve the residential property tax burden (d.o.2) Success Targets 1. The City commercial/industrial tax base increases at a rate faster than the residential tax base. 4 i i I Strategic Plan Brooklyn Center 201 The inflation adjusted property taxes paid by the median family household will be stabilized or reduced over time (d.o.3) Success Targets 1. The inflation adjusted city property taxes payable for the median valued single family home will be equal to or less than the calculated city taxes payable for the prior year. O.GA We will ensure the city's influence at the legislature I' State and Federal legislators will be kept informed regarding City needs that may be affected by legislation (d.o.1) Success Targets 1. Annually, the City Council and Staff will assess legislative needs and communicate directly with appropriate Local, State and Federal legislators We will maintain positive ongoing relationships with Local, State and Federal legislators (d.o.2) Success Targets 1. Legislative officials will address the City Council annually regarding their efforts on behalf of our shared constituents. 2. Legislators will sponsor and support legislation on behalf of the City O.G.5.We will ensure the City drinking water is high ug ality and that the storm water and sanitary system is properly managed The City's drinking water will meet or exceed safe drinking water standards of the State of Minnesota (d.o.1) Success Targets 1. City will meet or exceed all safe drinking water standards. 5 i i I Strategic Plan Brooklyn Center 2012 2. The water supply will be protected against emerging and potential water contaminants. Storm water runoff will be managed in an efficient and environmentally sensitive manner (d.o.2) Success Targets 1. City will implement and maintain all priority elements of the Brooklyn Center Local Water Management Plan by 2012. S.G.1.We will aggressively proceed with implementation of City's redevelopment plans Private redevelopment will expand and improve (d.o.1) Success Targets 1. At least 50%of the privately owned residential vacant properties will be redeveloped 2016 adding to the adjusted for inflation taxable value of the City. Redevelopment of these properties will commence by 2012. 2. At least 80%of privately owned vacant commercial properties will complete redevelopment by 2016 adding to the adjusted for inflation taxable value of the City. Redevelopment of these properties will commence by 2012. 3. At least 50%of the blighted/economically obsolete commercial properties will be redeveloped by 2016 adding to the adjusted for inflation City tax base. Redevelopment of these properties will commence by 2012. "Opportunity Site" redevelopment will commence (d.o.2) Success Targets 1. 30%of the privately owned properties north and east of John Martin Drive will commence redevelopment by 2016. 2. All of the privately owned properties north and east of John Martin Drive will complete redevelopment by 2021 adding to the adjusted for inflation value of the City. I 6 i Strategic Plan Brooklyn Center 2o12 3. At least 50%of EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment by 2016 adding to the adjusted for inflation taxable value of the City. 4. All EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment by 2021 adding to the adjusted for inflation taxable value of the City. EDA owned properties redevelopment will proceed expeditiously (d.o.3) Success Targets t 1. At least 50%of the EDA properties owned (non-Opportunity Site) commercial properties will commence redevelopment by 2012. 2. All EDA owned commercial property will have completed redevelopment by 2021 adding to the adjusted for inflation taxable value of the City. S.G.2.We will stabilize and Improve residential neighborhoods Citizens will benefit from a diverse stock of housing s and styles g tYp tY (d.o.1) Success Targets 1. The number of home improvements and remodels will increase. 2. The value added home improvements will exceed $7,500 average valuation per permit in each neighborhood (i.e. garage additions, bathrooms, bedrooms, 2nd stories, energy efficiency) annually. 3. Housing and accommodations for seniors will be available for aging residents consistent with the demand for housing by this demographic group. 4. There will be new housing construction to accommodate the needs of those seeking a modern housing and move up housing choices Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations which will be adequate to ensure a safe well maintained and attractive community (d.o.2) Success Targets 7 i Strategic Plan Brooklyn Center 20 1. Of all residential properties inspected 90%will be in full compliance with property maintenance codes (%violation types) 2. All residents surveyed are aware of, understand and support the enforcement of city housing and neighborhood codes i Owner occupied housing will increase as a percentage of total housing (d.o.3) Success Targets 1. At least 95%of single family residential properties will be owner occupied. 2. At least 95 % of all new housing will be built for owner occupancy Problems associated with foreclosures will be dramatically reduced or eliminated (d.o.4) Success Targets 1. 90%of qualified vacant properties will be registered and in compliance with the vacant building ordinance. 2. All vacant properties will be in compliance with property maintenance codes. Residential property values will improve and citizens will be proud of their neighborhood and community (d.o.5) Success Targets 1. By 2013 the average residential sales price will stop declining 2. By 2016 residential sales prices will increase at a rate equal to or greater than rate of increase in comparable communities 3. All residential properties will be well maintained and landscaped 4. All residents surveyed will say they are proud of their neighborhood. 5. All residents surveyed will say they are proud of Brooklyn Center. S.G.3.We will ensure a safe and secure community The threat and fear of real or perceived crime among citizens and others will be greatly reduced (d.o.1) Success Targets 8 I I Strategic Plan Brooklyn Center 2012 1. Reduce violent crime by 10% or more each year 2. Reduce property crime by 10%of more each year Citizens will feel and be safe in their homes, areas of concern and throughout the City. (d.o.2) 1. City survey results will reflect that all residents feel safe in their homes. 2. City survey results will reflect that all residents feel safe throughout the City. (No places deemed unsafe) I 3. City survey results will reflect that all residents feel safe walking alone a t nig ht in their neighborhood S.G.4.We will improve the image of the City with citizens and those outside of the City's borders Citizens and others throughout the State will recognize Brooklyn Center as a safe, quality, attractive community in which to live, work, and play (d.o.1) Success Targets 1. The rate of property value increase in each property classification will equal or exceed the average rate of increase in the Hennepin County and in the State. 2. Citizen Survey results will reflect the perception that Brooklyn Center is a safe, quality, attractive place to live work and play. 3. Positive press regarding the City of Brooklyn Center will increase. S.G.5.We will value and bene f t f rom the community demo ra hic makeup and cultural diversity All demographic groups will be represented and encouraged to participate in civic, governmental, community organizations and activities (d.o.1) 9 i Strategic Plan Brooklyn Center 2012 !� Success Targets 1. Members of all communities will have equal access and representation in civic, governmental, community organizations and activities Youth will be adequately served by recreation and educational programs and activities (d.o.2) Success Targets 1. All youth desiring to will be productively engaged in recreational activities or educational programs 2. Participation in community programs and activities will reflect the demographic makeup of the community. The social, health and housing needs of the aging and moderate income population will be improved (d.o.3) Success Targets 1. Service gaps in the social, health and housing needs of aging and moderate income community members will be reduced and eliminated overtime. S.G.6.We will increase the engagement of all segments of the community S.G.7.We will maintain and upgrade City infrastructure improvements City government buildings, major equipment and other physical assets of the City will be maintained and improved (d.o.1) Success Targets 1. Meet or exceed the minimum maintenance condition standard for City facilities. 2. Customers provide positive feedback pertaining to City facilities(clean, attractive buildings). 3. Maintain public access and availability to City park facilities and infrastructure. 4. Reduce graffiti occurrences and complaints. 10 Strategic Plan Brooklyn Center 2oz2 Neighborhood streets and utilities will be maintained and improved g p (d.o.2) Success Targets 1. Citizens rate reconstruction projects as meeting or exceeding expectations via surveys sent to project area residents. 2. Using a pavement index rating system, meet or exceed the established acceptable roadway rating standard. 3. Reduce otholes and roadway complaints. p Y com p 4. Reduce sewer blockage and watermain breakage/complaints. 5. Complete the citywide street and utility reconstruction program by 2021. The traveling public will benefit from multi-modal transportation options fostered and provided by the City (d.o.3) Success Targets 1. Minimize an increase to future traffic delays and congestion. 2. Minimize the amount of regional traffic flow on local streets. 3. Increase alternative modes of transportation used. Citizens will benefit from the expansion and improvement of needed technology infrastructure as viable options become available (d.o.4) Success Targets 1. Reduce City government expenses through the application of technology. 2. Improve City services to the citizens through the application of technology. 3. Preserve environmental resources and conservation of energy through the application of technology. S.G.S.We will encourage city wide environmental sustainability efforts Public appreciation of the environment will be enhanced and expanded (d.o.1) Success Targets 1. By 2013 all residents surveyed will understand the value of recycling and energy conservation and at least 70%will have changed their behavior in orderto conserve environmental resources. 11 II Strategic Plan Brooklyn Center 2012 2. By 2016 energy consumption in the City will be reduced significantly. 3. By 2016 City Government energy consumption will be reduced significantly. The purchasing power of the City will support the goal of an environmentally sustainable community (d.o.2) Success Targets 1. The City will purchase recycled materials whenever costs are reasonable and quality is acceptable. 2. The City will increase the share of purchased recycled materials by 10% annually through 2016. 3. The City will eliminate the use of products, chemicals or compounds that pose a risk to human health or to the environment whenever a viable cost effective alternative is available. 4. The City will purchase environmentally friendly equipment and vehicles whenever performance requirements and costs are comparable. final.strategic plan 07.01.12.draft November 19, 2012 12 City Council Agenda Item loo. 6g tCOUNCIL ITEM MEMORANDUM DATE: November 20, 2012 t TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5� SUBJECT: Resolution of the City of Brooklyn Center Stating Its Support for the Development of the Mississippi River Trail (U.S. Bicycle Route 45) Recommendation: It is recommended that the City Council approve the resolution from the City of Brooklyn Center stating its support for the development of the Mississippi River Trail (U.S. Bicycle Route 45). Background: Over the past few years, the Minnesota Department of Transportation (MnDOT) has invited local road and trail authorities to join them in identifying a bicycle route along the Mississippi River within Minnesota. MnDOT is simply asking to take something that already exists (low use roads, roads with shoulders and off-road trails) and string together a Mississippi River Trail (MRT) bicycle route with appeal to local, regional,national and even international users (see attached exhibit). The designation is a great opportunity to promote bicycle use in and through Brooklyn Center and to celebrate the 2012 MN Legislature naming the MRT as Minnesota's very first authorized bikeway. The U.S. Bicycle Route System is a national network of bicycle routes. These routes are nominated for numbered designation by State Departments of Transportations and are catalogued by American Association of State Highway and Transportation Officials (AASHTO) through a special committee on U.S. Route Numbering (the same committee that assigns numbers to U.S. and interstate highways). Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image 7. We will continue to maintain the city's infrastructure improvements bli,ssion:Ensuring an attrrrciive, clean, safe,inclusive conummity that enhances the ytuiiti,of life .for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OF THE CITY OF BROOKLYN CENTER STATING ITS SUPPORT FOR THE DEVELOPMENT OF THE MISSISSIPPI RIVER TRAIL (U.S. BICYCLE ROUTE 45) WHEREAS, bicycle tourism is a growing industry in North America, presently contributing approximately $47 billion dollars a year nationally to the economies of communities that provide facilities for said tourism; and WHEREAS,the American Association of State Highway and Transportation Officials (AASHTO)has designated a corridor along the Mississippi River to be developed as United States Bike Route 45; and WHEREAS, the Minnesota Department of Transportation has convened several public meetings during the previous eighteen months locally and throughout the river's corridor to gather information, review route alternatives and to provide assistance; and WHEREAS,the Minnesota Department of Transportation in cooperation with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail (USBR 45), a map of which is herein incorporated into this resolution by reference; and WHEREAS, the proposed Mississippi River Trail (USBR 45) traverses through Brooklyn Center and is expected to provide a benefit to local residents and businesses; and WHEREAS,the Minnesota Department of Transportation will continue to maintain statewide mapping and information regarding Mississippi River Trail(USBR 45),convene meetings and facilitate the resolution of issues and future alignment revisions within the State, WHEREAS,the City of Brooklyn Center has duly considered said proposed route and determined it to be a suitable route through Brooklyn Center and desire that the route be formally designated so it can be appropriately mapped and signed,thereby promoting bicycle tourism locally and throughout Minnesota along the Mississippi River. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that it expresses its approval and support for the development of the Mississippi i RESOLUTION NO. River Trail(USBR 45)and requests that the appropriate government officials take action to officially designate the route accordingly as soon as possible. November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. u6laH elquanloo I j -- _ _ I i silodeouuiw Ng kA I i 1 ! 7—ery Rwa�sts� i . i m – _ a, « r � I { ti ZIOZ'LE iagoaop / J I ' _ �. s6eray6iH 100NW _–�-- I— - alno?J 1214V Jo)saa latent uadp iiwl�edioiunyV uo atnoy 1TJVV o tie uno Fti I taajtg ledioiun{q uo ajnoy 1N1V® Aepunog punoo deal a;no�j a!oAo!8 (JNW)I!eal.lan!b!dd!ss!ss!N! 1 City Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM DATE: November 20, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer b SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2012-03, 2012 Pond Sediment Removal and Pond Improvements Recommendation: It is recommended that the City Council approve the lowest responsible bid and award a contract to Didion Contracting, LLC for Improvement Project No. 2012-03, 2012 Pond Sediment Removal and Pond Improvements. Background: Bids for the 2012 Pond Sediment Removal and Pond Improvements, Project No. 2012-03, contract were received and opened on November 15, 2012. The bidding results arc tabulated below: BIDDER TOTAL Didion Contracting LLC $ 141,059.30 Veit & Company Inc $ 153,096.00 Urban Companies $ 173,355.50 Sunram Construction Inc $ 180,984.00 New Look Contracting Inc $ 185,405.25 Midwest Asphalt Corporation $ 218,354.00 Engineer's Estimate $ 189,490.00 Of the six (6) bids received, the lowest bid of$141,059.30 was submitted by Didion Contracting, LLC of Prior Lake, Minnesota. Didion Contracting, LLC has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of$141,059.30 is less than the most recent estimated amount of$189,490. The original estimated total project budget including administration, engineering and legal was $472,000.00; however, original scoping of the project was revised through further final design evaluation with significant reductions in the amount of accumulated pond sediment that needs to be removed. Therefore, the total estimated project cost is amended to $263,059.30. The attached resolution provides an estimated summary of costs and funding sources for the project. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed Mission:Ensuring an utar active,clean,snk, inclusive community that enhances the quality o f life firr rill people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2012-03, 2012 POND SEDIMENT REMOVAL AND POND IMPROVEMENTS WHEREAS,pursuant to an advertisement for bids for Improvement Project No.2012- 03, bids were received, opened, and tabulated by the City Clerk and Engineer on the 151h day of November, 2012. Said bids were as follows: Bidder Total Didion Contracting LLC $ 141,059.30 Veit& Company Inc $ 153,096.00 Urban Companies $ 173,355.50 Sunram Construction Inc $ 180,984.00 New Look Contracting Inc $ 185,405.25 Midwest Asphalt Corporation $ 218,354.00 WHEREAS, it appears that Didion Contracting, LLC of Crystal, Minnesota is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized and directed to enter into a contract with Didion Contracting,LLC of Prior Lake,Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2012-03, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer, 2. The estimated project costs and revenues are as follows: Amended COSTS CIP budget per Low Bid Pond Sediment removal _ $350,000.00 $141,059.30 Contingency $68,000.00 $68,000.00 Admin/Legal/Eng. $ 54,000.00 $ 54,000.00 Total Estimated Project Cost $472,000.00 $263,059.30 i RESOLUTION NO. Amended REVENUES CIP Budget per Low Bid Storm Water Utility Funds $472,000.00 $263,059.30 November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6i I COUNCIL ITEM MEMORANDUM DATE: November 20, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Supporting the City of Brooklyn Center's Pedestrian and Bicycle Planning Services Grant Award for the City of Brooklyn Center Recommendation: It is recommended that the City Council approve the resolution supporting Hennepin County's pedestrian and bicycle planning services grant award to the City of Brooklyn Center. Background: As part of the Community Transformation Grant through the Centers for Disease Control, Hennepin County will be hiring a consultant to complete a municipal Pedestrian and Bicycle Transportation Plan between January and December 2013. The County will contract directly with a consultant and eligible cities included Brooklyn Center, Brooklyn Park, Crystal, Eden Prairie, New Hope, Osseo, and Robbinsdale. City staff submitted an application and are pleased to announce Brooklyn Center has been selected to receive this planning services award. The objective of this program is to provide a framework for investments in healthy community design to increase rates of walking and bicycling. The planning consultant will engage communities about improving conditions for walking and bicycling. The consultant will develop strategies to increase walking and bicycling through engineering, education, encouragement, and enforcement. Example and anticipated elements of the planning work include: identifying missing segments and/or local connections to existing and proposed regional trails, local trail/sidewalk systems and other points of interest; developing an integral trail and sidewalk plan, both on- and off-street that incorporates the City's, Three Rivers Park District's and Hennepin County's Bicycle Plan including existing routes and planned expansions/missing gaps; identify/evaluate the need for and develop a waypoint finding system; and other pedestrian master planning elements and activities. The planning is scheduled to be completed by the end 2013. At this time, Hennepin County is currently proceeding with a request for proposals from consultants for this project. Budget Issues: As part of the planning efforts that will fall under this grant, it is anticipated that the City's contribution will include staff support time. Future implementation plan strategies would include the needed future budgeting to carry out the recommended infrastructure improvements and other educational and enforcement efforts. 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:Ensnrnig«n uttructive,Clem:,.mfe,inckrsive community that enhances the duality of life fir all people mid preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING HENNEPIN COUNTY'S PEDESTRIAN AND BICYCLE PLANNING SERVICES GRANT AWARD FOR THE CITY OF BROOKLYN CENTER WHEREAS, Hennepin County solicited grant applications for pedestrian and bicycle planning services as part of the Community Transformation Grant through the Centers for Disease Control to increase opportunities for individuals to walk and bicycle; and WHEREAS,eligible cities included Brooklyn Park,Crystal,Eden Prairie,New Hope, Osseo, Robbinsdale, and Brooklyn Center; and WHEREAS,the objective of this program is to provide a framework for investments in healthy community design to increase rates of walking and bicycling by engaging communities about improving conditions for walking and bicycling through the development of strategies including engineering, education, encouragement, and enforcement; and WHEREAS, the objective of this program is supported by the City of Brooklyn Center's values and goals, supported by City's comprehensive plan and supported by the City's continued effort as part of Active Living Hennepin County; and WHEREAS,in an effort to collectively assess the City's,Three Rivers Park District's and Hennepin County's overlapping and complimenting pedestrian transportation system,the City requested and has been notified of said grant award to the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Council support the City's pedestrian and bicycle planning services grant award with the ultimate goal to increase opportunities for individuals to walk and bicycle more often. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that the Mayor and City Council support designating and committing the means RESOLUTION NO. necessary to ensure the planning process leads to a completed pedestrian and bicycle plan for the entire City. November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KOFFI AGBOSSOU FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Koffi Agbossou served on the Financial Commission from September 13, 2010,through November 12,2012; and WHEREAS, he has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, his leadership and expertise have been greatly appreciated by the j Financial Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and I WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Koffi Agbossou is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. i I November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: November 20, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 g SUBJECT: Resolution Vacating Certain Drainage and Utility Easements Within Lot 1, Block 1, Tennis Acres Two; and Lot 1, Block 1, Dale and Davies 2nd Addition, Hem-iepin County, Minnesota (FRANCE AVENUE BUSINESS PARK ADDITION) Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the France Avenue Business Center site redevelopment in connection with the final plat approval of FRANCE AVENUE BUSINESS PARK ADDITION. Background: The City Council adopted the resolution granting final plat approval for the FRANCE AVENUE BUSINESS PARK ADDITION development at its meeting on November 13, 2012. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: • All publicly dedicated drainage and utility easements as shown on Lotl, Block 1, Tennis Acres Two, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit Al; and • All publicly dedicated drainage and utility easements as shown on Lot 1, Block 1, Dale and Davies 2"d Addition, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibits Al; and As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. All areas that need to retain permanent easement rights have been fully encompassed by rededicated easements as part of the project's final plat proceedings and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacations. The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances tl►e quality of life fin-all people anal preserves the public trust I i COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission:Ensuring nn attractive,clean,snje,inclusive conuurnity that enhances the duality of life fin-all people and preserves the public trust i i I� Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1, TENNIS ACRES TWO; AND LOT 1, BLOCK 1, DALE AND DAVIES 2nd ADDITION, HENNEPIN COUNTY, MINNESOTA(FRANCE AVENUE BUSINESS PARK ADDITION) WHEREAS, the City Council has recommended approval for the preliminary and final plat for FRANCE AVENUE BUSINESS PARK ADDITION based on certain conditions as set forth in City Council Resolution Nos. 2012-101 and 2012-142; and WHEREAS, certain existing easements on existing properties are either no longer needed, or are being replaced by new easements pertaining to the properties contained within the proposed plat for FRANCE AVENUE BUSINESS PARK ADDITION; and WHEREAS,the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": All publicly dedicated drainage and utility easements as shown on Lotl, Block 1, Tennis Acres Two, Hennepin County, Minnesota, and as depicted in the attached Exhibit A 1; and All publicly dedicated drainage and utility easements as shown on Lot 1, Block 1, Dale and Davies 2nd Addition, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit Al; and WHEREAS,after due notice and public hearing,the City Council has determined that the Easements will be no longer needed, once the plat of FRANCE AVENUE BUSINESS PARK ADDITION is recorded, and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that: 1. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit A I. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles,as appropriate;provided,that this resolution will only take effect upon the release and filing of the final plat of FRANCE AVENUE BUSINESS PARK ADDITION. I RESOLUTION NO. 3. Vacation of easement will be effective upon proper release and recording of the plat FRANCE AVENUE BUSINESS PARK ADDITION. November26 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. Member DanyRyan introduced the following resolution and { moved its adoption: RESOLUTION NO. 2012-101 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-009, SUBMITTED BY RER ACQUISITIONS, LLC, FOR PRELIMINARY PLAT OF FRANCE AVENUE BUSINESS PARK ADDITION FOR THE PROPERTY LOCATED AT 4001 LAKEBREEZE AVENUE NORTH WHEREAS,Planning Commission Application No. 2012-009 submitted by Paul Hyde,President of RER Acquisitions LLC, requesting approval of a Preliminary Plat of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION,which is a replat of two contiguous parcels generally located and addressed as 4001 Lakebreeze Avenue North (Subject Site); and WHEREAS,this plat is requested to combine two separate lots into a single lot for the overall benefit of the new France Avenue Business Center 4 project,to be located on the. Subject Site;and WHEREAS,the Planning Commission held a duly called' ublic hearing on June 28,2012,whereby this item was given full due consideration, a staff report was.presented,and a public hearing was opened to allow for public testimony regarding the preliminary plat of FRANCE AVENUE BUSINESS PARK ADDITION,which were received_ and noted for the record;and WHEREAS,the Planning Commission has determined during its review of the preliminary plat materials.submitted with Planning Application No. 2012-009,that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15-Platting; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 20120-12, which provides a favorable recommendation to the City Council that Planning Application No. 2012-009 as submitted by RER Acquisitions LLC, requesting Preliminary Plat consideration of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION, be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 14 2012 (and those related to the PUD review of March 28, 2012 and Development/Site and Building Plan review of April 20, 2012) shall be complied with or completed as part of any final plat approvals. 2. Any easements to be vacated under this platting process must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. i RESOLUTION NO. 2012-01 3. The plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to. the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-009 as submitted by RER Acquisitions LLC, requesting Preliminary Plat consideration of a new subdivision to be titled FRANCE AVENUE BUSINESS PARK ADDITION, is approved subject to the same conditions memorialized herein. July 23, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven; Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Kay Lasman introduced the following resolution and moved its adoption: } RESOLUTION NO, 2012-142 RESOLUTION APPROVING FINAL PLAT FOR FRANCE AVENUE BUSINESS PARK ADDITION WHEREAS, the Planning Commission has recommended approval for the final plat for FRANCE AVENUE BUSINESS PARK ADDITION based on certain conditions as set forth in* Planning Commission Resolution 2012-24 and the City Council Resolution No. 2012-101; and WHEREAS, the applicant has applied for approval of the final plat for FRANCE AVENUE BUSINESS PARK ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for FRANCE AVENUE BUSINESS PARK ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with City Council Resolution No. 2012-101. 2. Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2012-24. 3. All recommendations and conditions as noted in the City Engineer's final plat review memorandum dated October.19, 2012. 4. Evidence of title satisfactory to the City Attorney and City Engineer, 5. Any other conditions as established by Hennepin County and/or the Minnesota Department of Transportation for recording of said Final Plat. 6. Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. i RESOLUTION NO. 2012-142 7. Prior to the release of the final plat, provide the City with a copy of an executed easement for the Xcel Energy transmission line that is currently on the Dale and Davies portion of the new plat. November 13 2012 �� Date Mayor ATTEST: iy/ /Oc't" �USl�Y1 2�ir1'1 , City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. i I I i b'909bZ l LOZ ON 801' f SH o ,00 L = „L •3�VDS I I co t N 0 N U W (nZZZ Z .pa Z \ Ld pa / o rn Lj cl cc- s'e ✓ ® Q � 4i O Li V � Y/ Lrl) � `7' a 3 CN wzin wOw > F-O° ® °' t® a�Q L� �'<�� Ja~Q T'- i= ; a C WQ> ��WQ i T'D `- 4�aa'> N E 7 (nZW ` I Q1+1 \� O L I Ld U Z m _Q-p O ui >-wo z�zo� � > LLJ Z s Ld VJ <C W ¢o `� Ol- I Q F- O O (Y-i O 00 d] ' C) O O O J J p ui _ _ _ 1 V u°i a a uJ //��(n T N a rn O 1.1.E /� �a~w° — NU V' w�l- �� c E c c <C haw¢ �r� °c' U U E c Q mow J F- QNZm wWV )� a c a Q W 0 O w c O 0L- - Uv c a a w Z Q¢ Ol a N a s QNZm a� c I w Q W O a p O Cc,,N C) HJIAJI V .731 114.73 1 1 V V I IJ6_ V G\� acn a o ° �— O o o c Q o.n v Oc O a �c o U U O o a > >t- o>° Avrf//r/nL/ ?/A :7 /IL-/•7 /VV/1/VV V /YIJ//IJi V / bullaFiaag apis►a- 1 bay rti£S-t,92 0010 lb£S-i 88-ZS6:au906 OZtiS9 'NW 'uo}6uiwoo�g •os •any aloP�l £906 i a°; SHOA3nans oNv-i AaiunS juawos-e3 NOSNHOf'S )\UHVH City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: November 20, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: A Resolution Vacating Certain Easements within Outlot A, Shingle Creek Crossing Addition, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the Shingle Creek Crossing site redevelopment in connection with the final plat approval of SHINGLE CREEK CROSSING 2ND ADDITION. Background: The City Council adopted the resolution granting final plat approval for the SHINGLE CREEK CROSSING 2ND ADDITION development at its meeting on November 13, 2012. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are no longer needed and are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: A publicly dedicated drainage and utility easement as shown on Outlot A, Shingle Creek Crossing Addition, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit Al; and As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. All areas that need to retain permanent easement rights have been fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacations. The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources I Mission:Ensuring an tatractire,clean,safe,inchisive conrnuntitr that enhances the quality of life ; fir-all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN OUTLOT A, SHINGLE CREEK CROSSING ADDITION;HENNEPIN COUNTY,MINNESOTA WHEREAS, the City Council has recommended approval for the preliminary and final plat for SHINGLE CREEK CROSSING 2ND ADDITION based on certain conditions as set forth in City Council Resolution Nos. 2012-130 and 2012-143; and i WHEREAS,certain existing easements on existing properties are no longer needed and are being replaced by new easements pertaining to the properties contained within the proposed plat for SHINGLE CREEK CROSSING 2ND ADDITION; and I WHEREAS,the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": A publicly dedicated drainage and utility easement as shown on Outlot A, Shingle Creek Crossing Addition, Hennepin County, Minnesota, and as depicted in the attached Exhibit A 1; and WHEREAS,after due notice and public hearing,the City Council has determined that the Easements will be no longer needed, once the plat of SHINGLE CREEK CROSSING 2ND ADDITION is recorded, and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1 The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit AI. I 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles,as appropriate;provided,that this resolution will only take effect upon the release and filing of the final plat of SHINGLE CREEK CROSSING 2ND ADDITION and upon execution and filing the subdivision agreement for said associated development. i I I I i I RESOLUTION NO. 3. Vacation of easement will be effective upon proper release and recording of the plat SHINGLE CREEK CROSSING 2ND ADDITION. November 26 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I� Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-130 RESOLUTION 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 OF SHINGLE CREEK CROSSING 2ND ADDITION WHEREAS, Planning Commission Application No. 2012-011 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 2°d ADDITION, which is a mplat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning, Commission held a duly called public hearing on September 13, 2012, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 2°d ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-011, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 —Platting; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-011 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 2°d ADDITION, be approved based upon the following conditions: 1. All recommendations and conditions as .noted in the City Engineer's review memorandum, dated September 7, 2012 shall be complied with or completed as part of any final plat approvals. 2. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City. Engineer,prior to release by the City for recording purposes. RESOLUTION NO. 2012-130 4., The final plat shall be subject to the provisions of Chapter 15- of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-011 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 2°d ADDITION, be approved based .upon the those same conditions memorialized herein. September 24, 2012 > Utz Date Mayor ATTEST: A.vf City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof. . Tim Wilson, '.Catol Kleven, Kay Lasman, Lin :Myszkowski, `dnd Dan Ryan; and the following voted against the same: whereupon said resolution was-declared duly passed and adopted. I i i I Member Kay Lasman introduced the following resolution and moved its .adoption: RESOLUTION NO. 2012-143 RESOLUTION APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 2ND ADDITION WHEREAS, the Planning Commission has recommended approval for the final plat for SHINGLE CREEK CROSSING 2 N ADDITION based on certain conditions as set forth in the Planning Commission Resolution No. 2012-25 City Council Resolution No. 2012-130; and WHEREAS, the applicant has applied for approval of the final plat for SHINGLE CREEK CROSSING 2N1)ADDITION as required by City Code. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota that the final plat for SHINGLE CREEK CROSSING 2ND ADDITION is hereby approved, subject to the following conditions: I. . Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with.City Council Resolution No. 2012-130. 2. Conditions as previously recommended by the Planning Commission pertaining to the. final plat in accordance with Planning Commission Resolution No. 2012-25. 3-. All recommendations and conditions as noted in the City Engineer's final plat review memorandum dated October 19,2012, 4. Evidence.of title satisfactory to the City Attorney and City Engineer. 5. Any other conditions as established by. Hennepin County and/or the Minnesota Department of Transportation for recording of said Final Plat. 6. Prior to release,by the City of the final, approved plat, the owner-must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. November 13 2012 . Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly 'seconded by member Dan Ryan and upon vote being taken thereon, the Tollowing voted in favor thereof. Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Kay Lasmari introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-143 RESOLUTION APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 2ND ADDITION WHEREAS, the Planning Commission has recommended approval for the final plat for SHINGLE CREEK CROSSING 2ND ADDITION based on certain conditions as set forth in the Planning Commission Resolution No. 2012-25 City Council Resolution No. 2012-130; and WHEREAS, the applicant has applied for approval of the final plat for SHINGLE CREEK CROSSING 2ND ADDITION as required by City Code. : NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota that the final plat for SHINGLE CREEK CROSSING ZND ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with.City Council Resolution No. 2012-130. 2. Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2012-25. 3: All recommendations and conditions as noted in the City Engineer's final plat review memorandum dated October 19,2012. 4. Evidence of title satisfactory to the City Attorney and City Engineer. 5. Any other conditions as established by. Hennepin County and/or the Minnesota Department of Transportation for recording of said Final Plat. 6. Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. November 13, 2012 Date Mayor ATTEST: City Clerk Jr . The motion for the adoption of the foregoing resolution was duly 'seconded by member Dan Ryan and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. it EASEMENT 7 RV/'A^ "A I — RV/"ILJ I /V/V. �0; S8.9110IN14. /0.87 VACATION 45'00'W EXHIBIT P A 35.00 foot Drainage and Utility Easement over, under and across Outlot A, A SHINGLE CREEK CROSSING, according to the recorded plot thereof, Hennepin County, Minnesota, lying 20.00 feet northwesterly of and 15 feet southeasterly of a line described as commencing at the southwest corner of said Outlot A; thence -3 7- n on assumed bearing North 53 degrees 40 minutes 58 seconds East, along the southerly line of said Outlot A, a distance of 157.00 feet to the point of beginning of the line to be described; thence North 12 degrees A-10 70 24 minutes 26 seconds West a distance of 28.46 feet; thence North 46 degrees 15 minutes 38 seconds East a distance of 349.23 feet; thence North 73 41 degrees 54 minutes 07 seconds East a distance of 224.12 feet to a N71' northerly line of said Outlot A and said line there terminating. ------'F&- I \ I I ��2��, 1 y a W lit �aN fps \dal ;6 � __ cacc A OF-_-___. AP", 0 150 300 17 Lo 91-4 A6 SCALE IN FEET 9 UTILITY EA DRAINAGE SEMEN&T-----'---" Aoo 6 2'01 " , (TO BE VACATED) \4 8V I o-' A00 Soo 6-i C v 0'Wnff A Z sw 01A I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. .6 1\01 Dated this 5th day of November, 2012. SUNDE LAND SURVEYING, LLC. By. �!� -------_ —nson, PLS. Minn. C. No. 15480 d'V'11111"T 7OVDE 9001 East Bloomington Freeway(35W)•Suite 118 13 Bloomington,Minnesota 55420-3435 4-1 f 952-881-24�5(Fax: 952-886-9526) 20:oa40B100-esmtwc-R2.dwg MLS 11/05/2012 Add.d d....iption. www.sunde.com 2010-040-81 912/00 T.115,R.21,5.02 201004081001—t—RI.d.g MLS 08/10/2012 IIANDSURVEMG City Council Agenda Item No. 10a I COUNCIL ITEM MEMORANDUM DATE: November 26,2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jW10VC SUBJECT: Type IV 6-Month Provisional Rental License for 4216 Lakebreeze Ave N Recommendation: It is recommended that the City Council consider approval of the resolution and the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 4216 Lakebreeze Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. The previous license was a Type IV Rental License. The property would qualify for Type III Rental License based on nine property code violations (2.25/unit) and zero validated police nuisance incidents. However,the property owner failed to meet the condition(s) of the Type IV Rental License, specifically did not submit monthly updates and did not complete Phase I Crime Free Housing class. The property owner received a Type IV Rental License on May 14, 2012 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met,the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner(or authorized representative)to attend a minimum of 50 percent of Owners/IVlanagers Association Meetings. Staff from Administration and Building& Community Standards met with the owner regarding long-term improvements to develop the 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. However, since the Type IV Rental License condition has not been met, according to City ordinances the license should be renewed as a Type IV Rental License. Staff is recommending approval of the continued Type IV Rental License in lieu of denial,revocation or suspension because the owner is taking more responsibility in meeting the license requirements including working closer with staff regarding corrective actions. The following is a brief history of the license process actions. �I Mission:Ensuring an attractive,clean,safe,inclusive conznurnity that enhances the quality of life for all people and presems the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 06-04-2012 A rental inspection was scheduled related to a follow up for weather deferral. No one was on site to meet the inspector. 06-11-2012 The rental inspection was rescheduled. No one was on site the meet the inspector. A phone call was placed to the owner. He stated he was not aware of the inspection, had a personal situation and would not be available for an inspection until July. The owner was informed the inspection was rescheduled for 06-18- 2012. 06-18-2012 The rental inspection was scheduled. No one was on site to meet the inspector. A phone call was placed to the owner. He stated he had continued personal issues. The owner was informed the inspection was rescheduled for 07-03-2012. 07-03-2012 The inspector was on site for the scheduled inspection and no one was there to allow access. The owner was called and informed of the follow up inspection date of 07-12-2012. 07-12-2012 An initial rental inspection was conducted.Nine property code violations (2.25/unit) were cited, see attached rental criteria. 07-31-2012 The previous Type IV rental license expired. 08-10-2012 The Owner, Ita Ekah, applied for renewal of the rental dwelling license for 4216 Lakebreeze Ave N, a one building, four unit multi-family property. 09-07-2012 A reinspection was conducted and passed. 09-07-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 09-18-2012 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. 10-11-2012 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. 09-26-2012 A$300 Administrative Fine was issued for operating a rental property without a valid rental license. 10-19-2012 A Mitigation Plan was received. 11-13-2012 A Mitigation plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. Prior Type IV Rental License approval activities: 11-21-2011 The Owner, Ita Ekah, applied for renewal of the rental dwelling license for 4216 Lakebreeze Ave N, a one building, four unit multi-family property. 12-20-2011 An initial rental inspection was conducted. 37 property code violations (9.25/unit) were cited, see attached rental criteria. 01-26-2012 A second rental inspection was conducted and passed with weather deferral items. 01-26-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and presems the public trust i COUNCIL ITEM MEMORANDUM 01-31-2012 The previous rental license expired. 02-01-2012 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. 02-10-2012 The Owner,Ita Ekah,paid delinquent utilities. 02-14-2012 A reminder letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-06-2012 A$125 Administrative Fine was issued for not submitting a mitigation plan. 03-20-2012 A $250 Administrative Fine was issued for not submitting a mitigation plan. 04-03-2012 A$500 Administrative Fine was issued for not submitting a mitigation plan. 04-10-2012 A Mitigation Plan was submitted. 04-13-2012 The Mitigation Plan was finalized. 04-18-2012 A final letter was sent to the owner(s)reminding them of all requirements still needing completion for a Type IV 6-Month Provisional Rental License, including completion of Phases I, II, and III of Crime Free Housing Program, attendance at ARM meetings, etc. 04-20-2012 It was noted by City Staff that utilities were delinquent again. 04-27-2012 The Owner,Ita Ekah,paid delinquent utilities. 05-01-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 05-14-2012. 05-02-2012 A$300 Administrative Fine was issued for operating a rental property without a valid rental license. 05-14-2012 The City Council approved a Type IV—6 month Provisional rental license. 07-31-2012 The previous Type IV rental license expired. If approved, after six months, a new rental license will be required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I,II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures,rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things, the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. i 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. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for 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 �3+ -5 Type 11—2 Year 1-2 units Greater than 1 but not more than 4 - 3fidifits 7- M iii6ater than 0.75 but not more 13 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 Greater than 1.5 but not more than BW� Type IV—6 Months 1-2 units Greater than 8 -14- units 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 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 25mi��- 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category 44-units-- Gteat dM-ha--n 0.25 butnot 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 I 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 Attachment - Copy of Mitigation Plan -Resolution Approving a Type 1V Rental License for 4216 Lakebreeze Ave N I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i I, City of Brooklyn Center Phone:763-569-3300 7TY711 MJL 6301 Shingle Creek Parkway fax:763-569.3360 Brooklyn Center,MN 55430-2199 pp� ywpw�w,cityyo�fmbrookklyncentye�r..org VU:tJ1'n-G'1'911tltNKY�19W�Y15��i,'�NYJI�`�'�'d'+19 '9 Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not he accepted Please type or use frllable form on City website. 'ctiril�`, ;�E���� E• -_ •s..1r..... _,: .....,:,c; ��i�E3 a�'�_.';,:�� Property Address:4216 I AKEBREEZE AVE NORTH . Owner Tvame:ITA EKAH Local Agent: Owner Address:'• Agent Address: :. 7704 Tesaman Dr,Brooklyn Park,MN 55445 Owner Phone:612-386-3395 Agent Phone: Owner Email:itaekah @yahoo.eom Agent Email: Rental License: ❑New 0 Renewal: Current License Expiration Date:011311201'3 *Pending Type IV License Exp.Date: ix months from current licensee iration . 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 eomuliance 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. :�ectio�n-Br=;�iequired•Docdnaerits • " • - •`'� _ ' Submit the following documents with the Mitigation Plan for approval: 1 Y 11. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. L y J1 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10`h of each month(after license approval); ;eetioin:C i✓riuie�`ree Wiiiin Pro ram Re uiirernents _ e1 1, Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums, Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: July 2012 or Date Course Scheduled: �Phase H t r ' Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 0410 912 01 2 Improvements to be completed by: 05/1112012 1�2hase III v�I will attend a minimum of 50%of the ARM meetings(two). T I will attend.the ARM meetings scheduled for: uav%20112 & Do these two meeting dates occur before the'".Pending Type IV License expiration date? M 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. Forproperties with four or more units: 1 will conduct resident training annually that includes crime prevention techniques. 1 will hold regular resident meetings. z& io :P-y=a "Term Ca R1 T1n Tr4vemeUts Phil' 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- 2005 2020 Water Heater- 2005 2020 Kitchen Appliances- 2008 20$0 Launqg Appliances- Coinmatch 2030 twIntaln Exterior 2008 -Paint/Siding,fascia,trim 2006 2020 -Windows 2006 2020 -Roof 2006 2040 -Fence -Shed 2006 2020 -Garage -Driveway Parldng lot 2006 maintains as needed -Sidewalks Good condition maintain as needed Smoke Alarms&Carbon Monoxide Alarms 2011 current 2017 Othe s SeClflwik:' $t:69 to Im &bViMsna ement and CotiditiDUS:ofP>u e . Implementing the following best practices may assist in the management ofyour property. ,8 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 I i [=3. Evict tenants in violation of the lease and all addendums. ✓j 4. Provide lawn/snow service. 1 V A 5. Provide garbage service. ®6. Install security system, owned by vending co. 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 flan 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 PIan. I verify that all information provided above is true and accurate. I understand that if 1 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. 1 I ITA EKAH Owner or Agent Name and Title(Please Print) 10/14/2012 Owner or Agent Signature Date Additional Owner or Agent Name and Title(if applicable)(Please Prino Additional Owner or Agent Signature (if applicable) Date i For Oiy lhsz--Mitigadan Plan Approved 11y: � ,-��- KPoe pr;e/T11W D at e eat 6":C ,munity Standards Department/Title Aate Page 3 Type IV Mitigation Plan Rev 11.16.11 i I it i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4216 LAKEBREEZE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4216 Lakebreeze Ave N was issued a Type IV Rental License on May 14,2012; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase 1, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 4216 Lakebreeze Ave N, Brooklyn Center failed to submit monthly updates and did not complete Phase I CFMH class. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 4216 Lakebreeze Ave N, Brooklyn Center, MN. i November 26, 2012 Date Mayor I ATTEST: City Clerk, The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb i COUNCIL ITEM MEMORANDUM DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4200 Lakebreeze Ave N Recommendation: It is recommended that the City Council consider approval of the resolution and the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 4200 Lakebreeze Ave N. If the.Council chooses not to issue the license, it is recommended that the motion be to direct staff o prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. The property can only qualify for Type IV Rental License based on 17 property code violations (4.25/unit) zero validated police incident/nuisance calls occurred in the past twelve months. The property owner received three consecutive Type IV Rental Licenses previously. Although the owner completed the conditions of the previous rental license,the number of property code violations found during the initial rental license inspection places the property into a Type IV rental license category. Staff from Administration, Building& Community Standards and Police Departments has met with the property owner and the property management company representative 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. The owner has recently acquired a property management company and is working with staff to determine long-term solutions for the property that would qualify for a more desirable higher rental license category. The following are some actions the owner and management company are taking to achieve long-term property improvements: • A new property management company has been hired to assist in the comprehensive management of the property • Leases of existing tenants were not renewed. • Some exterior doors were replaced and locks were changed. • Several improvements were made to the interior of the units including refinishing or replacing wood or carpeted floors,new paint, cleaning, appliance repair or replacement as needed. • New tenants will be acquired that meet stricter background requirements. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the qualify of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM • Capital improvement needs are being considered with a long-term perspective such as stucco, garage, etc. • Permitted parking has been implemented and a towing company is under contract. • Please see the Mitigation Plan for more details.. Significant improvements have been made to the property. In addition, a comprehensive plan was presented by the owner regarding long-term property management. Therefore, staff is recommending approval of the continued Type IV Rental License in lieu of denial,revocation or suspension at this time and will be closely monitoring the progress of the property. The following is a brief history of the license process actions. Current rental license approval activities: 06-04-2012 The owner, Michael Lattery, applied for renewal of the rental dwelling license for 4200 Lakebreeze Ave N, a multi-family, four unit building. 07-09-2012 An initial rental inspection was scheduled. No one was on site to meet the inspector. 07-16-2012 An initial rental inspection was conducted. 17 property code violations were cited (4.25/unit), see attached rental criteria. 08-14-2012 The Property Manager called to reschedule the inspection scheduled for 8-14- 2012. 08-31-2012 The previous Type IV license expired. 09-14-2012 A reinspection was conducted and passed. 09-14-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 09-20-2012 A letter was sent to owners notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license(submit mitigation plan, completion of Phases I,II, and III of Crime Free Housing Program, etc.) 10-03-2012 A second letter was sent to owners notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I,II, and III of Crime Free Housing Program, etc.) 10-03-2012 A$300 Administrative Fine was issued for operating without a valid rental license. 10-18-2012 A$125 Administrative Fine was issued for not submitting a mitigation plan. 10-18-2012 A$600 Administrative Fine was issued for operating without a valid rental license. 10-23-2012 The property was posted as unlicensed. 10-26-2012 A Mitigation Plan was received. i 1-13-2012 A Mitigation Plan was approved. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. i 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 Previous Type IV Rental License approval activities: 02-28-11 The rental license approved by the City Council expired. 03-09-11 Michael Lattery applied for renewal of the rental dwelling license for 4200 Lakebreeze Ave N, a 4 unit multi-family residential property. 03-30-11 An initial rental inspection was conducted(fifteen orders cited for 3.75 violations/unit, see attached rental criteria) 05-10-11 A second rental inspection was conducted,but the inspector could not access the property. 05-17-11 The inspector spoke to the property manager who stated he is in the process of replacing windows and obtaining estimates to install the waste enclosure. 06-02-11 Permit was obtained for window replacements. 08-12-11 The inspector spoke to the property manager and explained that a citation would be issued if corrections were not made. 08-31-11 The initial Type IV Rental License would have expired on this date. 09-13-11 A reinspection was conducted and passed. 09-20-11 City records indicate zero validated police incident/nuisance calls occurred in the past 12 months. 10-03-11 A citation was issued to the property owner for renting without a license. 10-04-11 A Mitigation Plan was received. 10-11-11 A rental license application was received for a continued Type IV license. 10-12-11 A Mitigation Plan was approved. 10-13-11 A letter was sent to owners notifying of qualification for Type IV 6-Month Provisional Rental License,including additional requirements to obtain a rental license(submit mitigation plan, completion of Phases I,II, and III of Crime Free Housing Program, etc.) 10-19-11 An inspection for the second Type IV Rental License was conducted and passed. 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. l 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. i 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. 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 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I,II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a.proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions,it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things,the facility,its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. 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 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. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+amts = 0=0 75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+_amts � - Greater-_than 0 75 but not more than 1 5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater_than 1, 5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+amts 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 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 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 51813.0 1, 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 amts 0 0:25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3 4 amts _ Greater than 0 2=5 but:not more 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3 4 amts = Greater t11_an 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 - Copy of Mitigation Plan -Resolution Approving a Type IV Rental License for 4200 Lakebreeze Ave N -Timetable and photos provided by owner I Mission.Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway Fox.,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 fillableform on City websita 6 s 4200 Lakebreeze Ave e e- Ge I TV ",-z, $sQn41 r ' am A lke a g 40 Oiviier Address T K Jr. 2_2 W t 990L1 IV611-Ate,* 1DV!Wj1 �6`­­-Ph A&UP bft 1�2 '- ".Current License 08X6,M!RR *Pending-.Type License ­tnontlu Correction 02/13/2013 License Exp. Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this*pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. Vr it 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10°i of each month(after license approval). --Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. • 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums, Page I Type IV Mitigation Plan Rev 11-1641 i =4.4. Attend City approved eight hour Crime Free Housing course. z '-'- Date Course Completed: 10-230= or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 10-13-11 Improvements to be completed by: 02-8-12 Phase III I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: July 12,2012 & Novembers,2012 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 will have no repeat code violations previously documented within the past year. For p perties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,wom or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC- serviced October 2012 1983 Zd 3 h T Water Heater- 2006 2dLti A - KitchenAppliances- Unit 1-Fridge,A10,Unit 4-Fridge ? 11/2012 Laundry Appliances- ? 11/2012(Coinmach replacing) Exterior -PaindSiding,fascia,trim Paint s6n,repair drip edge and staao work 6!2013 or as soon as weather permits -Windows all lower windows replaced M/2011 _ -Roof 1998 2.o t V kl - -Fence NA -Shed NA -(rage Replace garage roofand repair/replace soffits/paint 0512013 ores soon as weather pemnits -Driveway seal coat&stripe lot 06/2013 -Sidewalks repair cracks in sidewalks and cement on front stoop 06/2013 Smoke Alarms&Carbon Monoxide Alarms 10/2012 L.rl; U— Other s Fire Extinguishers serviced 1012012 Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: 1. Check in with tenants every 30 days. �✓ 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 1 I ILr J 3. Evict tenants in violation of the lease and all addendums. M 4. Provide lawn/snow service. 5. Provide garbage service. 6. In security system. Benitez Maintenance,Inc. M7. Provide maintenance service plan for appliances. Name of service co.: ✓®8. 1 am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. ®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 1 Oth of each calendar month,the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. 1 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 Amy Moriarty,CRM,CCAM,Property Manager Living Local Management,Inc. Owner or Agent Name and Title(Please Print) 10-12-12 Owner or Agent Signature Date Additional Owner or Agent Name and Title(if applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use--Mitigation Plan Approved By: Poli a epart nt/ itle Date _ d 2, Buildin ommunity Standards Department/Title Date i i Page 3 Type IV Mitigation Plan Rev 11-16-11 I I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4200 LAKEBREEZE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4200 Lakebreeze Ave N, was issued a Type IV Rental License on 03-12-2012 and 10-24-2011; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS,the property owner of 4200 Lakebreeze Ave N,Brooklyn Center can only qualify for a Type IV Rental License`based on seventeen property code violations (4.25/unit). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center;Minnesota,that a TYPE IV Rental License is hereby approved for the property at 4200 Lakebreeze Ave N,Brooklyn Center, MN. November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. j 4200 LAKEBREEZE JULY 2012 AUG 2012 SEPT 2012 OCT 2012 NOV 2012 New Repairs to Resident The last Attended ARM Management building and damage resident to fully meeting Nov 8, was hired July units caused us to vacate the 2012 1, 2012 commence slow drastically building left on on our repairs October 15, in units and on 2012 property Hired Gave all Failed Hire contractor Finish landscape residents 60 inspection to service improvements service day notice to again HVAC & to units for monthly vacate building Mechanicals turnover contract Put Monitored Obtain bid for Resident Lease units maintenance police calls to garage roof moved into with new rents plan together building closely repairs new unit at about a 20% to complete October 27, increase needed repairs 2012 Owner Visit Visit Visit Visit attended ARM building building building building meeting July 12, 2012 weekly weekly weekly weekly 4200 LAKEBREEZE a.. BEFORE i tl k +t r AFTER 4200 LAKEBREEZE I r I fi BEFORE i I I i AFTER 4200 LAKEBREEZE L.. Monthly Lawn Service hired July 2012 S Cleaned and purchased lock for dumpster. Each resident will be provided with a key for access. i r Carpet being replaced 12/12 City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: November 26,2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkf SUBJECT: Type IV 6-Month Provisional Rental License for 3125 6611i Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and mitigation plan for 3125 66th Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. I 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: 06-21-2012 The Owner,Danny Vo, applied for an initial rental dwelling license for 3125 66tH Avenue N, a single-family residential property. 09-27-2012 An initial rental inspection was conducted. (Nine property code violations were cited, see attached rental criteria) 10-09-2012 A second rental inspection was conducted and passed. 10-16-2012 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. 10-16-2012 City records indicated the property was delinquent on utilities. 10-26-2012 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. 10-29-2012 A Mitigation Plan was submitted. 11-13-2012 The utilities for the property were paid and current. 11-13-2012 The Mitigation Plan was finalized. Mission:Ensuring an attractive,clean,safe,inclusive community that entrances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. 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. �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. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type 1, I1, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures,rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things, the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. 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. i 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 as attractive,clew:,safe,inclusive community that enhances the qualio3 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 3+units 0-0.75- Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units _ Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units - Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service &Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 04-2- 5 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 rnore 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 Mission:Ensuring an attractive,clean,safe,inclusive community that enhances lite 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 Attachment -Mitigation Plan Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people mid 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.cltyofbrooP)yncenter.org Ftentai License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted Please type or useJulableform on C we City A: At ek El it-one"i di loo, -fti*MOT 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 Mitigatio►Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensury timely completion of the license application process. no Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure onoigg cgmpliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review pro"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 Nlitigatiou Plan requirements within.this*pending license period and avoid legal actions. Submit the following documents with the i-Notigation-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 of each month(alter license approval). '771-7- 1.P Use written lee,"including Crime Free Housing Lease Addendum. 2. Conduct criminal background obeck for all prospective tenants. Provide documentation to City if I requested., J L=Z—j 3. Pursue the eviction of tenats who violate the terms of the lease or any add[endums. Page 1 Type IV Mitigation Plan Rev 11-16-11 Aq— 4. Attend City approved eight hour Crime Free Housing course. ate Course Completed: or Date Course Scheduled: 2013 P TX Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department Date Scheduled: 12-19-13 Improvements to be completed by: 1-19-13 Phase III �– i v �1 will attend a minimum of 50%of the ARM ratings(two). I will attead the ARM meetings scheduled for: 11-8.12 & 1-1993 Do these two meeting dates occur before the'Pending Type XVLieense expiration date?❑Yes❑No (*See Section A)u no,yon 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 jour or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. • .� Ali I -} yswy.K i�t`yy� �^; z, .:.g.'S�'F;�i:r�i• '•%'C-slr.`3(C''�7r�n/ f� 'M•� :3'±P.E%� 1�:�1..i.i�,�.`.� 16�/:'r. f�`'0'3•\f. Based on condition and age,estimated replacement dates are provided for commons 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 Esti1Dated Replacement Date FurnaoclAG zoos 2035 Water Beater- 2003 2030 Kitchen Appliances- 2012 2037 laundry Applian ces- 2012 2037 I;?�teTlOr -Paint/Siding,fascia,trim 2012 2019 +_ -Windows 2005 2033 -Roof 2005 2025 -Fence 2005 2030 -Shed 2010 2020 - 2005 2045 priveway 2005 2035 -Sidewalks Iva Smoke Alarms Carbon Monoxide Alarms 2012 2027 Others g3l" �+c� Implementing the,following best practices may assist in the management of your property. By checking the boxes betow,you agree to. I. 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 M3. Evict tenants in violation of the lease and all addendums. M4. Provide laWsnow service. ✓ 5. Provide garbage service. 6. Install security system. Xca3 I Provide maintenance service plan for appliances. Name of service co.: Energy Home Smart Plan �✓ 8. I am and will remain current on payment ofutility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Qlher(s): Please read thoroughly: If the Type N lzental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10'h of each calendar month,the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not Comply with an approved Mitigation Tian,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 1 — hA Owner or Agent and Title(Please Owner okMnt 5t Date Additional Owner or AgentNaxne and Title if f n pn lien le)(Please ri n!) Additional Owmr or Agent Signature (i applicable) Date For City Use--Mitigation Plan Approved By: Poi ce Department/TW Date _ L-L-i It �- Building unity Standards Department/Title Date Page 3 Type 1V Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6813 Humboldt Ave N, B 103 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 6813 Humboldt Ave N,B 103. 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 Rental License. This property qualifies for a Type IV provisional rental license based on sixteen 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: 07-05-2012 The Owner, Elena Pecherskaya, applied for renewal of the rental dwelling license for 6813 Humboldt Ave N,B 103, a single family dwelling. 08-14-2012 An initial rental inspection was conducted. Sixteen property code violations were cited, see attached rental criteria. 09-14-2012 A second rental inspection was conducted and failed. 09-19-2012 A follow up inspection was conducted and passed. 09-19-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 09-30-2012 The previous rental license expired. 10-03-2012 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 10-11-2012 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. 10-23-2012 The property was posted as unlicensed. 10-25-2012 A Mitigation Plan was submitted. 11-13-2012 The Mitigation Plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be.held 11-26-2012. 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 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 i 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 preserves 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 than_0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but not_more than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 - b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members"as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service& Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 = 5 or more units 0-0.35 Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the qualify of life for all people anal preserves the public trust COUNCIL ITEM MEMORANDUM Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0 25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 - 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment -Mitigation Plan Mission:Ensuring an attractive,clean,safe,inclusive connnunity that enhances the quality of life for all people and preserves the public trust 10/23/2012 11:24 FAX 9529225400 NEW CONCEPTS IM002/005 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 TV Rental License Handwritten plans will not be accepted.Please type or usefillable./orni on City website. ...... .... ----------- 5 gj gm Mf p3§, ............... -NINN. I... . ...... ON Aj 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 oftbe 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 ofthe 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. WIN Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate(ifcompleted,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 10Th of each month(alter license approval). 5/_1 I Use written lease including Crime Free Housing Lease Addendum. E7,72, Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. EZJ3. Pursue the eviction of tenants who violate the terms or the lease or any addendurns. Page 1 Type IV Mitigation Plan Rev 11-16-11 10/23/2012 11:25 FAX 9529225400 NEW CONCEPTS IM003/005 i i i =4.i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: ^ 'v?01 O or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. � Date Scheduled: Z 1�' @ ``� lmprovements to be completed by: ?°°11 JC Phase III — O 1 will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: Do these two meeting dates occur before the*.Pending Type IV License expiration date? 0 Yes No —�(*.See Section il)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. Far properties with four or more units: ® I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. '-`-'- Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. I-lowever,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- 2010 _ 2025 Water Heater- 2010 2020 Kitchen Appliances- 2009 2024 Laundry Appliances- 2011 2090 Exterior -Paint/Siding,fascia,trim 2012 2017 -Windows 2000 2025, -Roof 2010 _2095 -Fence 2005 2020 -Shed--- rva - -Garage_ ,ya -- -Driveway 2000 2020 -Sidewalks 2000 2090 Smoke Alarms&Carbon Monoxide Alarms 2012 2013 Other(s) MM 01 Implementing the following best practices may assist in the management of your property. By checking tire boxes below,you agree to: 1. Check in with tenants every 30 days. Ii J 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 i i 10/23/2012 11:25 FAX 9529225400 NEW CONCEPTS IM004/005 I i 3. Evict tenants in violation of the lease and all addendums. ✓ 4. Provide lawn/snow service. t v e 5. Provide garbage service. ® b. install security system. New Concept Management 7. Provide maintenance service plan for appliances. Name of service co.: S. 1 am and will remain current on payment of utility fees,t,%Kes,assessments,fines,penalties and other financial claims due to the City. ® 9. Other(s): We have arranged for armed security patrol begging Nov.1 _ Please read thoroughly: If the Typc IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I0°i 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]do trot 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, IVITIP t Owner or gent ame a d Title(Please Print) U�ner r gen Signature Date Additional Owner or Agent Name and'title(if applicable)(Please Print) Additional Owner or Agent Signature (ifopplicable.) Date For City t' b4iugatinn Plan approved try: Pulic .epa rtm m m t/Tie Da(e d 2-A i tvtdards Department/title Date F (3— Page 3 Type IV Mitigation Plan Rev 11-16-11 i I City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7100 Indiana Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and mitigation plan for 7100 Indiana Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a 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 1, 11 and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09-11-2012 The Owner, John Wright, applied for an initial rental dwelling license for 7100 Indiana Ave N a single-family residential property. 09-19-2012 An initial rental inspection was conducted. (Nine property code violations were cited, see attached rental criteria) 10-05-2012 A second rental inspection was conducted and passed. 10-16-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases 1, 11, and III of Crime Free Housing Program, etc. 10-26-2012 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 1, 11, and III of Crime Free Housing Program, etc. 10-23-2012 A Mitigation Plan was submitted. 11-15-2012 The Mitigation Plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. 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 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, It, 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 fiirtherance of the mitigation plan during the preceding month. - i 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 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 o or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100%of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. Mission.Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for 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 1040.W Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III- I Year 1-2 units Greater than 4 but not more than 8 4+=amts Gr-eater than 5�- an Type IV-6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault, burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members"as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service& Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact s'----�= 0---0-251- 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 25 b 1not more than-A 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 .1-2 Greater than 3 3-4 units erthan-1 Categories Great-- 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe,inclusive conzinunity 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 Attachment - Mitigation Plan Mission:Ensuring an attractive,Clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i I City of Brooklyn Center Phone:763-569-3300 Trv711 6301 Shingle Creek Parkway Fax:763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan—Type N Rental License Handwritten plans will not be accepted Please type or use fellable form on City website, Section-A—Property Information Properly Adaress:7100 Indiana Ave, Brooklyn Center, MN 55429 Owner Name:John Wright Local Agent:Renter's Warehouse Owner Address: Agent Address: 1917 Birch Circle,Sartell,MN 56377 715FbridaAveS,Ste 205,GONen WNW,MN5506 Owner Phone:320-223-5958 Agent Phone:612-910-9798 Owner Email:johnjeannew @yahoo.com Age°tEmail'nvetter @renterswarehouse.com Rental License: Q New ❑Renswal: Current License Expiration Date:n/a *Pending Type IV License Exp.Date: ix months from 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: I Y 11. Crime Free Housing Program Training Certificate(if completed,if not completed,please include �--�p scheduled date in Section C. L�JI 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 Pro am Ike quirements eI ✓ 1. Use written lease including Crime Free Housing Lease Addendum. 5 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if �—� requested. t v i 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 i i i i I i II 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: January 20,2010(agerd) or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: December 18,2012 Improvements to be completed by: Once identified Phase III I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: November 8,2012 &January 10,2013 Do these two meeting dates occur before the*Pending Type IVLicense 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 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—Long 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,wom or otherwise in violation prior to the estimated replacement date will require earlier corrections. Estimated Date Last Replaced Replacement Date Fumace/AC- unknown 2022 Water Heater- unknown 2022 Kitchen Appliances- unknown 2022 jAundry Appliances- purchased"used"in 2009 apx 2006 2016 Exterior unknown 2025 -Paint/Siding,fascia,trim unknown 2015 -Windows November 2012 2062 -Roof apx 2008 2038 -Fence unknown 2025 -Shed n/a nra -Garage unknown 2059 -Driveway unknown 2027 -Sidewalks unknown 2027 Smoke Alarms&Carbon Monoxide Alarms September 2012 September 2017 Others n/a n/a Section E—Steps to Im rove Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: �✓ 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 v 3. Evict tenants in violation of the lease and all addendums. P✓ 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): as needed 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. John Wright, Owner Owner r gent Name and Titjo-M-ease IWnt) t'2 /zt�tZ er Agent Signature Date Jeanne Wright, Owner Additional Owner or Agent N e and Title(if applicable)(Please Print) to,_6 �2 diti nal Owner or Agent i ature (if applicable) Date For Cit Usa--t4itigati t P n Approved By: t 2- Poli a epartm nt a 15aij B ' 061mmmity Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 I City Council Agenda Item No. 10f i COUNCIL ITEM MEMORANDUM i DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler SUBJECT: Type IV 6-Month Provisional Rental License for 1108 57'Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 1108 57th Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a renewal rental license. The previous license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on eleven property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan,which requires Phase 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: 08-09-2012 The Owner, Chai Thao, applied for renewal of the rental dwelling license for 110857 th Ave N, a single family dwelling. 08-28-2012 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 09-27-2012 A follow up inspection was conducted and passed. 09-27-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 10-03-2012 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. 10-11-2012 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 community 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. 10-26-2012 $125 Administrative Citation was issued for not submitting a mitigation plan. 10-31-2012 The previous rental license expired. 11-02-2012 A Mitigation Plan was submitted. 11-15-2012 The Mitigation Plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. 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. i 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 j 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 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 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 coninauzity that enhances the quality of life for all people and preserves 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+amts = Greater than=0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units - Greater than 1.5 but not more=than 3 Type IV—6 Months 1-2 units Greater than 8 3+units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are"Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse"as defined in the Domestic Abuse Act,Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission:Ensuring an attractive,clear,safe,Inclusive conunuulty that enhances the quality of life for all people and preserves 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 34 units 0 i0:2511 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category -34 -units-- Greater than .2.5 but not more than I--- --- 5 or more-units Greater than O.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 54ufiits- Greater than I---- 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 II Mission:Ensuring an attractive,dean,safe,inclusive conniumity that enhances the quality of life for all people and preserves the public trust / ` ' ^ City of Brooklyn Center nm"e 763-569u300 TTY 711 usoz Shingle Creek Parkway Fox:763-569-3360 Brooklyn Center,MN 55430-2199 www.ci*vfbmoxly`u'^tocom Rental License Mitigation Plum—Typol\/Rental License 11axd,nitten plans will not uo accepted.Please type o,vxofill,0hfonn"n City mohxhe. Section A—Property Information Property Address: 1108 57th Ave N., Brooklyn Center, MN 55430 OwnerName: Local Agent Owner Address: Agent Address: 3207 Quarles Rd,Brooklyn Center,MN 65429 3207 Quarles Rd,Brooklyn Center,MN 55429 Owner Phone Agent Phone :763-706-7317 :763-706-7317 Owner Email: Agent Email: Rental License: FINew [W Renewal: Current License Expiration Date;10/31/2012 *Pending Type IV License Exp.Date:04/30/2013 (Six monthsfrom current license expiration) Based on property conditions and/or validated police nuisance � incidents,the above referenced property qualifimfor x Type D/Rental License. Before your license application can ho considered hy the City Council, u Mitigation Plan must hocvmpetedandn=io°vdkrCdyumt[ A fully completed Mitigation Plan must ho submitted immediately to ensure timely completion ofthe license application process. The Mitigation Plan should indi muthe ' o i'~ ,knum correct identified violations and the measures that will ho taken w gnsure 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"fthe prop^n» 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 13—Required Documents Submit the following documents with the Mitigation Plan for approval: r7l 1. Crime Free Housing Program Training Certificate(ifcompleted,ifnot 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 01h of each month(after license approval). Section C—Crime Free Housing Program Requirements Phase I FTI 1. Use written lease including Crime Free Housing Lease Addendum. 2. 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 Type w Mitigation Plan Rev z1-16-11 � i F-774. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 01/16/2013 i i Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 12/27/2012 Improvements to be completed by: 01/18/2013 Phase III 01 will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: 01/1012013 & 03/1412013 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. r 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—Long 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 lacement date will require earlier corrections. Date Last Replaced i202O ed Replacement Date Furnace/AC- 2000 Water Heater- 2004 Kitchen Appliances- 2012 Laundry Appliances- 2010 2 025 Exterior 2008 2030 -Paint/Siding,fascia,trim 2008 2020 -Windows 2008 2018 -Roof 2006 2031 -Fence 2006 2026 -Shed NIA N/A -Garage 1990 2050 -Driveway Zoos 2031 -Sidewalks NIA N/A Smoke Alarms&Carbon Monoxide Alarms 2008 2015 Other(s) NIA NIA Section E—Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: 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 II 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. F'77 5. Provide garbage service. © 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: ✓® 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Other(,): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I&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. Na Thao (Manager) Owner or Agent Name and Title(Please Print) 10/31/2012 Owner or Agent Signature Date Additional Owner or Agent Name and Title(if applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date l Polict 15epartvt tle Date �I s' /�-- uil &Community Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. log i COUNCIL ITEM MEMORANDUM DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6043 June Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and mitigation plan for 6043 June Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license,based on fifteen 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: 07-25-2012 The Owner, Danie Nao Yeng Xiong, applied for an initial rental dwelling license for 6043 June Ave N, a single-family residential property. 08-03-2012 An initial rental inspection was conducted. (Fifteen property code violations were cited, see attached rental criteria) 09-28-2012 A second rental inspection was conducted and passed. 10-16-2012 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. 11-02-2012 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: 11-02-2012 A Mitigation Plan was submitted. 11-15-2012 The Mitigation Plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. 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 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 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 j Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider,among other things,the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and presems 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 11—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 9.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units = Greater than 1 5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 3+ i COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust 10/25/2012 07-14 9528286904 STARKEY PAGE 02/06 City of Brooklyn Center Phone:763-$69-11300 rN 711 6301 Shingle Creek Parkway Fox:763-569.3-360 Brooklyn Center,MN 55430-2199 www.citycifbrooklyncenter-org - pi'5 Rental License Mitigation Plan—Type TV Rental License Handwidenplans WU not be accepted Please type or rise finable form on City lwbsife- m a'N eg ;g 81iD1*1 yn'g3V 'p O.Vow Niinlblz- QnAgdht .Lo Y -n e :77 ,Ownd ddi 0i6ft Ph" • OiyherEfiitflb���t8§ ,W Agwt.Entnill �hoti.nA 1j, M eW itefiding Type IV Licdfige Exp.DA 0: (Mrwhftfiti»t aerad license Based on Property conditions and/or validated police nuisance incidents,the above refm-need.property qualifies f6r a Type IV Rental License, Before your license application can be considered by the City Council. a Mitigation Plail 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 t1hestops being taken to correct identified violations and the measures that will be taken to ensure gWing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions toimp ro ve the ov er all conditions an d management offae property. NOTICE: Time is Running Out.-You must TAKE ACTION NOW in order to meet all 0)e city ordinance and Mitigation Plan requirements within this*pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate ffcomplctcd,if not completed,please include scheduled date in Section C. FT/ � 2, Copy'afLease including Minnesota Crime Free Housing Lease Addendum 3. Submt v.,duen report by 10'h of each month(after license appmval). .49�W f! Phase I F711. Use written lease including Crime Free Housing Lease Addendum. 2. Conddct criminal background check for all prospective tenants. Provide clocumcniation to City if reque-aced, 3. Pursue the eviction,of. lease tenants who violate the terms of the 1c or any addendurns Page I Type IV Mitigation Plan Rev:t1--16-11 10/25/2012 07:14 9528286904 STARKEY PAGE 03/06 =4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommend-d by the Brooklyn Center Police Department Date Scheduled: 12/19/2012 @&0 am improvements to be completed by: Phase III ©1 will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: N_-0.�.Oj%A J--ry 10.2013& march 14.9013 Do these two meeting dates occur before the*bending Type W license expiration date? Q yes No ,—�(*see&coon 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 wiihh jour or more units., ® I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. 11R= MME Based on condition and age,estimated replacement dates are provided.for common capital items. Funding should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated re lacement date will require earlier corrcedons. Date Last Replaced Estimated Replacement Date Furnace/AC- 061200s 2016 Water Heater- OW006 2016 Kil 0912012 2022 La A liauccs- =0 2020 Exterior -paint1sid O8,fascia,trim 2006 PERMANENT -Windows 2006 WHEN NECCESARY 24k wl- -Roof 2006 2028 -Fence NA -Shed NA Garage 1997 PERMANENT ` -Driveway_ 1987 -Sidewalks_ Nh Smoke Alarms&Carbon Monoxide Alarms Othe s implementing the following best practices may assist in the management of your property. EV checking the bore below,you agree to. 1. Check in with tenants every 30 days. M2. Drive by property to check for violations twice amonth. i Page 2 Type IV Mitigation Plan Rev:11-16.11 I i i 10/25/2012 07:14 9528286904 STARKEY PAGE 04/06 1X D 3. Evict tenants in violation of the lease and all addendurns. 4. Provide lawn/snow service. 5, Provide garbage service. F96. Install eccurity system. 7. Provide maintenance service plan£orappliances. Name of service co.: 8. 1 am and will remain etnxont on payment ofutility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I of each calendar month,the beensce must submit to the Building and Community Standards Depattment a written report describing all slcps 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 expir*ion date;enforcement actions such as citations,formal complaint or license review may result D filV 1g- /L/40 P47-Al fr Zz p N Owner or Agent Name and Title(Please Print) Owner or Agent Signature — Da Additional Owner or Agent Neinc and Title ff applicable)(Please Print) i i Additional Owner orAgentSignature (tfopplicable) Date For City t isc--tvfingation Plan Approved By: Police llepartm t/TWe Dgto I %Uhty Standards Department/"Title Date Page 3 Type N Mitigation Plan Rev 11-16-11 City Council Agenda Item Igo. 10h COUNCIL ITEM MEMORANDUM DATE: November 26, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, Ci ty Clerk���n�✓U0'` �4' �'" SUBJECT: Type IV 6-Month Provisional Rental License for 5401 Oliver Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 5401 Oliver Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license,based on eleven property code violations found during the initial rental license inspection. 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: 08-14-2012 The Owner, Jason Czerak, applied for an initial rental dwelling license for 5401 Oliver Ave N, a single-family residential property. 09-06-2012 An initial r enta 1 inspection w as conducted.cted• (Eleven property code violations were cited, see attached rental criteria) 10-05-2012 A second rental inspection was conducted and passed. 10-16-2012 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. 10-26-2012 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 1, II, and III of Crime Free Housing Program, etc. 11-07-2012 A Mitigation Plan was submitted. 11-15-2012 The Mitigation Plan was finalized. 11-19-2012 A letter was sent to the owner notifying that the hearing before the Council will be held 11-26-2012. 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 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 disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things,the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect,monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for 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 - units -0 Type 11—2 Year 1-2 units Greater than 1 but not more than 4 3±�==units Greater than 0.75 but not-more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 atef than 1.5 but not more than 3 Type IV—6 Months 1-2 units Greater than 8 1+ s-- Greatdjh&0 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 0--0. 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3 4-4=VAits Greater thd 25 but not 4- 5 or more units Greater than O.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3 Gred t-er-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 anal 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 II 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 City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax:763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted.Please type or use frllable form on City website. •.` i '*.� �_ � -� } t''st �Jd'C .� �. �S-it> w� f;-F k �r -'t "',� t} - �Y, __ 354O011yerl�ve N3 Bap�Cyn „� ter ILJ30 �Ff< - -- �, r ocaLA ent� hn"Sche e �M'Pro e ro LCCI wng�A�dr s}�`���- `�� � .� �� � �r�3,�rA.gent�Addres's�`�,�„�rF� ���'�`° �3�1��°-t•�,��� Jna1 - S ham£ 1�50�C�rdmal OV,�Chaska�N�N_55318 � .t- $ '� �-31s5 yvtl r3orse Pass t�Wl Pn�L�ke� N5532.a i��rBte5$6' 05x8366� f $ � lgentPhone �' �..'.".`.?`z �r,-Y'r_.R'.-.. .n..x, .b�`9.s"`__, ,�tf� 'Y.�._ -�: 4•.,tic -,..ts._.�':0. - T .Y s, Sv�i.# � F r%r Wt +< '� :s.r.. -5 Mpt o m r a� Masons c erak cpm �� , � z�ge $mail poi n' c m 10 ert gr u eom @ @ P pry p. —iER R �.....s Rrrrl �Ceiise �;IYyx ❑ enewl Gi`r @ht Lic"ense Expira(ipn Dale 4' f°� nx .................''.F, iY,RE�j7............... .�•5�,-��.��'.T"-r^�"s�f,:a:+:;..�e Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type rV 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. i 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. t y u 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum u v 13. Submit written report by 10`"of each month(after license approval). WIN ytl`ingnts. 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if �-� requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 Q4. Attend City approved eight hour Crime Free Housing course. i Date Course Completed: or Date Course Scheduled: � Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 12/20/1211AM Becky Bole 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: November a and 12 & January 10 and 13 Do these two meeting dates occur before the*Pending Type IVLic'nse expiration date? Yes❑No (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced EstikDate Replacement Furnace/AC- 2 years ago Water Heater- Within the last 10.15 years Kitchen Appliances- stove 2 yrs,Dshwsh 5 yrs,fridge 10 yrs Laundry Appliances- dryer 6 yrs old,washer 6 yrs old Exterior -Paint/Siding,fascia,trim Within last 10 years -Windows Within 5 years -Roof Within last 10 years -Fence Within last 10 years -Shed N/A -Garage Within last 10 years -Driveway Within last 10 years -Sidewalks N/A Smoke Alarms&Carbon Monoxide Alarms Within last 2 yrs Other s Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: 1. Check in with tenants every 30 days. �✓ 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16.11 I 3. Evict tenants in violation of the lease and all addendums. 0 4. Provide lawn/snow service. 0 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 W 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. cp'^pig G� Owner or Agent Name and Title(Please Print) 9�w_ Owner or Agent Signature Date Additional Owner or Agent Name and Title(if applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use--Mitigation Plan Approved By: Po1i Departm t I e e . ildin Co unity Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10i i COUNCIL ITEM MEMORANDUM DATE: 19 November 2012 TO: Curt Boganey, City Manager t FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Utility Rates for 2013 Recommendation: It is recommended that the City Council consider the five attached resolutions setting rates for consumption and use of City provided utility services for the 2013 fiscal year. Background: During the 15 October 2012 working session of the City Council and Financial Commission, staff presented the expected costs for operation of the City's utility services for 2013. Along with those costs were projections of the revenues needed for the 2013 year and for future years to keep operations running smoothly and fund the infrastructure improvements needed in the system. For 2013, rate increases were originally projected for all utilities except the Storm Sewer Fund in order to maintain cash reserves, fund normal operations and finance infrastructure improvements. In the Water Fund projections were initially estimating a 9.00% increase for 2013. In terms of rates per thousand gallons with other comparison cities,this still kept Brooklyn Center near the lowest rates in the ten cities. The biggest reason for this is that Brooklyn Center does not operate or maintain a water treatment plant as do some of the other cities. Using a strategy of multiple debt issues with short four and five year payoffs cash flows can be maintained for both operations and capital improvements while keeping the rate increases at the lowest possible level; projected to be 6% per year through 2019. An increase of 6% in water rates is recommended for 2013. The Sewer Fund was reviewed with no major changes in the rate plans. The comparison cities analysis shows Brooklyn Center is in the middle of the group with five cities higher and four cities lower. All of the cities transfer wastewater to the Metropolitan Council facilities for treatment. It is recommended that the sewer rates continue the course established for them in earlier cash projection workpapers and enact a 4.00% increase in the base flat rate charge for sewer service in 2013. Only 9 of the 10 comparison cities operate stormwater utilities. Of those, Brooklyn Center has the third highest rates per quarter. The Storm Sewer Fund is healthy enough from a cash flow standpoint that no increase in rates is proposed for 2013. i Mission:Ensuring an attractive,clean,safe connu pity that enhances the quality of life and presewes the public trust I COUNCIL ITEM MEMORANDUM The Street Light Fund has been absorbing the costs for replacement of lighting poles and fixtures as the street reconstruction program continues toward its completion in 2021. In addition, ornamental g li htin fixtures alon g g Y Shingle Creek Parkway, Bass Lake Road, Brooklyn g Boulevard and other areas of the City must be maintained by the City. The increasing costs of this lighting program require a recommended increase to the base charge for street lighting of 1.00 to $ 5.95 per quarter in 2013. Six of the ten comparison cities operate street light utilities and Brooklyn Center is the third lowest rate. Recycling programs are operated by seven of the ten comparison cities. Brooklyn Center's rate is third highest. In order to maintain the appropriate cash flow for the program an increase of 3% is recommended to maintain the bi-weekly pickup of recyclable materials. There are no capital plan contributions from this fund. In summary, the rates for the City's various utilities are recommended to change as follows for 2013: Water: Increase of the base rate by 6.00% Sewer: Increase of the base rate by 4.00% Storm Sewer: No Rate Change from 2012 to 2013 Street Lights: Increase base charge$ 1.00 per quarter for each household Recycling: Increase of the base rate by 3.00% Budget Issues: Adopting the recommended rates for the five City utilities would generate enough cash to fund operations and capital project contributions for 2013. The bill for a household using 18,000 gallons of water would change as follows: Quarterly Quarterly__ Bill Bill Quarterly 2012 2013 Change Water $ 28.90 ! $ 30.79 $ 1.89 Sewer $ 67.76 $ 70.47 $ 2.71 Storm Sewer $ 14.48 ` $ 14.48 $ - Street Lights $ 4.95 $ 5.95 $ 1.00 Recycling $ 8.43 $ 8.68 . $ 0.25 $ 124.52 $ 130.37 $ 5.85 Council Goals: Strategic: 1. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission:Ensuring an attractive,clean,safe community that enhances the duality of life and preserves the public trust i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONTINUING 2013 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2013. 2013 WATER UTILITY RATE SCHEDULE Water Rat e s, Fees and Charges Base Rate Year 2013 $1.60 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2013 Quarterly Minimum Charge 1" $ 22.54 11/2" $ 28.98 2" $ 56.35 3" $ 112.70 4" $ 189.98 6" $ 434.70 8" $ 821.10 10" $ 1,094.80 Water Conservation Rate Meter Size Base Charge minimum charge per quarter) 5/8" and 3/4" $ 7.75 Thousands of Gallons Consumption Charge (per 1,000 gallons used) 0 to 30 $ 1.28 31 to 60 $ 1.60 61 and greater $ 2.40 I I RESOLUTION NO. Other Charges Delinquent account, quarterly charge Greater of$ 3.00 or 10% of unpaid balance Certification for collection with property $30.00 taxes Fire Service Line Charge $ 12.50 per quarter November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2013 SEWER UTILITY RATES,FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2013. 2013 SEWER UTILITY RATE SCHEDULE Sewer Rates,Fees and Charges Base Rate Quarterly Residential (minimum quarterly charge) Single Family Apartment Senior Citizen Year 2013 $ 70.47 $ 49.33 $ 38.76 Non-Residential Rate Year 2013 $2.84 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of$3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2013 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be j self-supporting through revenue provided by a uniform schedule of rates,fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility fiends have been identified and reviewed by the City Council, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 1,2013. 2013 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2013 Minimum Quarterly Charge Base Rate $57.90 Cemeteries and Golf Courses $ 14.48 Parks $28.95 Single Family, Duplex,Townhouse $ 14.48/lot School, Government Buildings $72.38 Multiple Family,Churches $ 173.70 Commercial, Industrial $ 289.50 Vacant Land As Assigned Charges Delinquent account, quarterly charge Greater of$3.00 or 10%of unpaid balance Certification for collection with property taxes $30.00 Private facility cleaning charge Labor, materials, equipment and overhead November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: I and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. i RESOLUTION ADOPTING 2013 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2013. 2013 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2013 Minimum Quarterly Charge Per Dwelling Unit: Single,Double and Multiple Family Residential $ 5.95 Per Acre: Parks $ 9.90 Schools, Government Buildings, Churches $ 19.80 Retail and Service-Office $29.70 Commercial and Industrial $29.70 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of$ 3.00 or 10%of unpaid balance Certification for collection with property taxes $ 30.00 November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2013 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection YJ Y p Yp recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter I I 5(1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after 1 January 2013: 2013 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $ 8.68 per quarter. Charges Delinquent account, quarterly charge Greater of$ 3.00 or 10%of unpaid balance i Certification for collection with property taxes $ 30.00 November 26, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 26, 2012 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. 3rd Generation Watershed Management Plan Update PENDING LIST FOR FUTURE WORK SESSIONS i Later/Ongoing i 1. National League of Cities Service Line Program 2. Sister City Update 3. Assessment Hearing Policy 4. Watershed Plan Update Review 5. Annual Reports—Departmental 6. Strategic Plan Annual Report 7. 2013 Legislative Issues I i Work Session Agenda Item No. 1 i MEMORANDUM - COUNCIL WORK SESSION DATE: November 20, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer Sf SUBJECT: 3rd Generation Watershed Management Plan Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding review and comment on the Third Generation Watershed Management Plan update for the Shingle Creek and West Mississippi Watershed Management Commissions. Background: The Shingle Creek and West Mississippi Watershed Management Commissions have developed its draft Third Generation Watershed Management Plan and have submitted it to shareholders for the City's review and comment. All written comments must be submitted within the required 60- day public review period that expires December 21, 2012. The development of the plan has occurred over the past approximately 22 months and has included numerous Technical Advisory Committee (TAC) meetings and three separate Citizen Advisory Committee meetings. The updated plan is quite significant and consists of 131 pages of main body text plus an additional 279 pages in the appendices. In an effort to streamline the Council's input and review, attached are key components to the plan as follows: • Executive Summary • Implementation Plan and Capital Improvement Program • Appendix G —Public Review and Input Process The full plan and appendices are available on the Watershed's website and/or can be made available by City staff upon request. Staff will provide a PowerPoint presentation at the meeting that provides an overview of the updated plan including the major changes to the plan. Upon Council's review and consideration, staff anticipates preparing a letter of public comment from the City of Brooklyn Center in response to the Watershed's 60-day comment period. Policy Issues: Does the City Council support the Third Generation Watershed Management Plan? Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed Alission:Ensuring an attractive,clean,safe,inclusive communlo,that enhances the quality of life for till people and preserrev the public trust i Third Generation Watershed Management Plan 60-DAY R E VIE W DRAFT Wenek File#1240-107 Prepared for: SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Prepared by: October 2012 WENCK ASSOCIATES,INC. 1800 Pioneer Creek Center P.O. Box 249 WenCl< Maple Plain,Minnesota 55359-0249 Engineers-- Scientists (763)479-4200 i Executive Summary This watershed management plan describes how the Shingle Creek and West Mississippi Watershed Management Commissions (SCWM WMC)will manage activities in the two watersheds in the ten year period 2013-2022. The Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission are Watershed Management Organizations (WMOs) formed in 1984 using Joint Powers Agreements developed under authority conferred to the member communities by Minnesota Statutes 471.59 and 103B.201 through 103B.251. The watersheds are located in the northwest portion of the Minneapolis-St.Paul seven county Metropolitan Area and are comprised of all or part of the following ten cities in Hennepin County: Shingle Creek Watershed West Mississippi Watershed Combined Cities Area Cities Area Area s ml s mi) (sq mi Brooklyn Center 5.89 Brooklyn Center 2.47 8.36 Brooklyn Park 11.15 Brooklyn P_ark _ 14,20 25.35 Champlin 5.12 5.12 Crystal 3.92 3.92 Maple Grove 7.73 Maple Grove 0.82 8.55 Minneapolis 3.15 3.15 New Hope 3.32 3.32 Osseo 0.45 Osseo 0.33 0.78 Plymouth 6.56 6.56 Robbinsdale 2.39 2.39 Total 44.56 Total 22.94 67.50 Each Commission is governed by a Board of Commissioners that is comprised of one member appointed from each community by their respective City Councils. The Commissions' purpose is to preserve and use natural water storage and retention in the Shingle Creek and West Mississippi watersheds to meet Surface Water Management Act goals. Because many of the communities that are members of the Shingle Creek WMO are also members of the West Mississippi WMO the Commissions often work jointly on issues of interest j to both, including this Third Generation Plan, and have adopted similar standards. Third Generation Watershed Management Plan The Shingle Creek and West Mississippi Watershed Management Commissions initiated work on the Third Generation Plan in February 2011. The Plan includes information required in Minnesota Administrative Rules Chapter 8410, Local Water Management: an updated land and I i r i Executive Summa (Cont.)Summary � water resources inventory, goals and policies; an assessment of problems and identification of corrective actions; an implementation program; and a process for amending the Plan. The Commission and Citizen and Technical Advisory Committees identified the following issues and issue areas during the planning process: Funding and Financial Stability. During the Second Generation Plan period the Shingle Creek Commission completed 13 lake nutrient TMDLs; a chloride and dissolved oxygen TMDL on Shingle Creek; and impaired biota-TMDLs on Shingle and Bass Creeks.All require very significant load reductions and stream improvements to meet the state water quality standards,which will be financially challenging. Regulatory Rules and Standards. Issues include conflicting rules for cities with land in two or more watersheds; application of stormwater management rules to redevelopment projects; keeping rules and standards current with TMDL implementation needs, both local and regional; and the need to stay abreast of changing climate conditions. Data Availability. TMDL implementation will require an expanded monitoring program to provide the data necessary to evaluate progress toward achieving water quality goals. Other data needs include a better understanding of the whole-water sustainable water budget to explore the most effective ways to restore base flow in Shingle Creek and in wetlands that have lost hydrology. Other Issues. A component of the TMDL implementation is retrofitting areas that developed with no or minimal water quality treatment with Best Management Practices. Given limited resources it is important that this be completed in a systematic, cost-effective manner. In addition,technology and practices continue to advance, and there is a need to evaluate the effectiveness of new or innovative BMPs prior to implementation. Education and awareness is another component of TMDL implementation, and expansion of those efforts should be considered to increase public awareness and to change behaviors. Management Plan Priorities and Goals Through the identification of issues in the watersheds,the SCWM WMC developed five priorities and six goal areas to guide their water resources planning and management functions: Priorities: 1. Work aggressively toward achieving TMDL lake and stream goals. 2. Revise the Rules and Standards to achieve more load and runoff volume reduction. ii I Executive Summary (Cont.) 3. Expand the public education and outreach program to reach more stakeholders. 4. Retrofit BMPs in developed areas in the most cost-effective way. 5. Develop a whole-watershed sustainable water budget. Goals: Goal Area A. Water Quantity Goal A. 1. Maintain the existing 100-year flood profile throughout the watersheds. Goal A. 2. Determine ecological low flows for Shingle and Bass Creeks Goal Area B. Water Quality Goal B. 1. As lake water quality improves and lakes are removed from the State's Impaired Waters list, implement management strategies to protect lake water quality. It is anticipated that Schmidt, Lower Twin, and Ryan Lakes will be removed in 2014. Goal B. 2. Implement phosphorus and sediment load reduction actions sufficient to achieve de-listing from the Impaired Waters list for Bass, Eagle, Crystal, and Middle Twin Lakes. Goal B. 3. Improve water clarity in the balance of the lakes by 10% over the average of the previous ten years. Goal B. 4. Improve at least 30% of the length of Shingle Creek to meet Corridor Study and TMDL design standards. Goal B. 5. Maintain nondegradation of all waterbodies compared to 1985 conditions. Goal Area C. Groundwater Goal C. 1. Infiltrate stormwater runoff from new impervious surface. Goal C. 2. Identify opportunities for and implement projects to infiltrate runoff from existing impervious surface. Goal C. 3. Work with the appropriate state agencies to incorporate groundwater assessment into the sustainable water budget analysis for each watershed. I Goal Area D. Wetlands Goal D. 1. Maintain the existing functions and values of wetlands identified in the Commissions' Water Quality Plan as high-priority. Goal D. 2. Informed by-the sustainable water budget study, improve functions and values of wetlands. Goal Area E. Drainage Systems Goal F. 1. Continue current Hennepin County jurisdiction over County Ditch#13 Goal Area F. Commission Operations and Programming iii Executive Summary (Cont.) Goal F. 2. Identify and operate within a sustainable funding level that is affordable to member cities. Goal F. 3. Foster implementation of TMDL and other implementation projects by sharing in their cost and proactively seeking grant funds. Goal F. 4. Operate a public education and outreach program that meets the NPDES Phase II education requirements for the member cities. Goal F. 5. Operate a monitoring program sufficient to characterize water quantity, water quality, and biotic integrity in the watersheds and to evaluate progress toward meeting TMDL goals. Goal F. 6. Maintain rules and standards for development and redevelopment that are consistent with local and regional TMDLs, federal guidelines, source water and wellhead protection requirements, sustainable water yields, nondegradation, and ecosystem management goals. Goal F. 7. Serve as a technical resource for member cities. ill Implementation This Third Generation Watershed Management Plan continues a number of activities that have been successful in the past and introduces some new activities, including modified development rules and standards and TMDL implementation. The Commissions will continue to undertake routine monitoring in lakes and streams;provide education and outreach opportunities,helping member cities to address their NPDES education requirements;review development and redevelopment for conformance with rules and standards; and implement a Capital Improvement Program that provides for Commission 25 percent cost share for certain types of water quality improvement projects. Rules and Standards Revision. The Rules and Standards for development and redevelopment projects have been revised and are proposed to take effect January 1,2013. These revisions are intended to maximize pollutant load and runoff volume reduction from projects creating new impervious surface. These revisions are part of the TMDL Implementation Plans for the 13 lake and 3 stream TMDLs in the Shingle Creek watershed, and the upcoming regional TMDLs affecting the Mississippi River. i ® The abstraction/infiltration requirement is raised from 0.5"from new impervious surface to 1"from new impervious surface.Applicants may now use decompacted and amended soil as a BMP toward the infiltration requirement. The Commission Rules and Standards will now apply to projects down to 1 acre in size: iv i i Executive Summary (Cont.) o Detached single-family residential projects between 1 acre and 15 acres in size will be reviewed by the member city,while projects over 15 acres in size will continue to be reviewed by the respective Commission. o Projects for all other land uses between 1 and 5 acres in size will be reviewed by the member city,while projects over 5 acres in size will continue to be reviewed by the Commission. o It is now clearly stated that redevelopment projects that disturb less than 50 percent of a site must meet all Commission requirements for the disturbed area. o New non-single family residential detached projects between 0.5 acres and 1 acre in size will be required to meet the infiltration/abstraction requirement but not the other standards,while redevelopment projects of that size will be required to incorporate permanent water quality BMPs with no specific requirement for what those might be. ® A new category is created for linear projects. Such projects that create more than one acre of new impervious surface will be required to meet the Commission rules and standards. Monitoring Program. The revised monitoring program,which was put into place in 2012, includes both routine monitoring and monitoring to support the required five-year review of progress on TMDLs. On the lakes, approximately every five years the Shingle Creek Commission will conduct more intensive monitoring, including aquatic vegetation sampling. Shingle Creek will also add more dissolved oxygen monitoring, and more routine macroinvertebrate and fish sampling in the Creek. West Mississippi will now routinely monitor Mattson Brook(the outlet of Century/Edinbrook Channels)and will rotate through the j Mississippi River outfalls,monitoring 2-3 outfalls each year. TMDL Implementation. The Plan includes additional monitoring, education, and modeling activities to implement the Shingle Creek Commission's assigned responsibilities for the 13 lake TMDLs and three stream TMDLs. In addition,the Plan includes a schedule for performing the five-year review of progress for each TMDL. Other Activities. Both Commissions will begin undertaking intensive BMP assessments for subwatershed areas systematically across the watersheds.Each year the CIP will include a $50,000 capital levy to provide member cities with match funds to implement projects identified in the intensive assessments. Finally,both Commissions propose to undertake whole-watershed sustainable water budget studies, but no funding has been identified for those projects. Local and Watershed Plan Amendments On final approval of the Plan, cities will have 2 years to update their Local Stormwater Management Plan (LWMP). These updates will be expected to include: v Executive Summary (Cont.) • Updated land use,hydrologic, and hydraulic data, and existing or potential water resource related problems that may have changed since the last LWAV. • An explanation of how the member city will help to implement the actions set forth in the Commissions' Plan. • Show how the member city will take action to achieve the load reductions and other actions identified in and agreed to in TMDL Implementation Plans. • Explain how the City will implement the City Review project review requirements of the revised Rules and Standards. ® Updated Implementation Plan identifying the specific structural,nonstructural, and programmatic solutions to the problems and issues identified in the LWMP. ® Set forth an implementation program including a description of adoption or amendment of official controls and local policies necessary to implement the Rules and Standards; programs;policies; a capital improvement plan; and estimates of cost and funding mechanisms. This watershed management plan provides direction for SCWM WMC activities through the year 2022. The Commissioners intend the Plan to provide a flexible framework for managing the watersheds and, as such, may initiate amendments to this plan at any time. The Commissions will annually review the Capital Improvement Program I vi 4.3 THIRD GENERATION IMPLEMENTATION PLAN AND CAPITAL IMPROVEMENT PROGRAM To achieve the goals set forth above the Commissions will operate a regulatory program, implement monitoring and education and outreach programs, and implementing operating programs, and undertake capital improvement projects.The following sections summarize these programs,which are described in more detail in attached appendices. Following the descriptions, Table 4.5 and Table 4.6 detail the Implementation Program for each Commission and its estimated cost, and Table 4.7 describes how the programs and projects in this Implementation Program address the Problems and Issues identified in the Gaps Analysis and subsequent public review and input. 4.3.1 Rules and Standards and Project Reviews This Third Generation Watershed Management Plan adopts modifications to the Rules and Standards. The modifications will bring the rules and standards closer to consistency with those of other jurisdictions and with state and other requirements, and to provide additional nutrient and sediment load and runoff volume reductions as identified in the various TMDLs. The revised Rules and Standards are set forth in Appendix C. Since the project review management standards and review criteria were first adopted in 1985 and through subsequent revisions in the form of rules and standards,the mandatory size threshold for project reviews was 15 acres for single-family detached projects and 5 acres for all other development types. Member cities may request that a project of any size meet Commission standards and be reviewed. Projects proposing impacts to wetlands or floodplains are also required to meet certain standards are be reviewed by the respective Commission. The review threshold for many other WMOs is one acre regardless of land use,with some even smaller, based on the amount of disturbed surface.During this planning process it was determined that the current review thresholds miss many smaller projects that could incorporate BMPs to provide pollutant load and volume reductions. In addition,the current requirements were considered "gray"for redevelopment projects, reliant on professional judgment of"good faith efforts"that could lead to potential inconsistency in application to redevelopment projects. Project Review Size Thresholds. The threshold of project size for application of Commission rules and standards is lowered in this Third Generation Plan. For non-single family detached projects,the standards will now apply to sites down to 0.5 acres in size. For single-family detached projects, that threshold is lowered from 15 acres to one acre in size(See Table 4.2 and Table 4.3). The Commissions will continue to review projects on sites that meet the old thresholds,but unless one of the other Commission review thresholds is met cities will be responsible for site reviews on the smaller projects as part of the usual city planning process. This will prevent duplication of review services for smaller projects,which are usually simpler and often are handled administratively, without Planning Commission or City Council review. It will also reduce the cost of review for developers. Application of the standards to redevelopment projects has also been clarified. 4-10 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft I In addition,the rules and standards now include a new category of project review for linear projects creating one or more acres of new impervious surface, which will require a project review by the Commissions and require that the rules and standards be met. Table 4.2.Third Generation revised rules applicability and site size review thresholds,non-residential. (All land uses except detached single-family residential.) All Land Uses Exce t Detached Single-Family Residential Qy Project Review Commission Project Review 0.5 acres to <1 acre >1 acre to<5 acres >_5 acres Developmentprojects Developmentprojects Developmentprojects Abstract 1"runoff from all Meet Commission rate,quality,and volume Meet Commission rate,quality,and impervious surface requirements for the entire site volume requirements for the entire site Redevelopment projects Redevelopment projects Redevelopment projects Incorporate permanent water ° Meet Commission rate,quality, Meet Commission rate,quality,and quality BMPs <50% and volume requirements for the volume requirements for the entire site disturbed disturbed area >50% Meet Commission rate,quality, disturbed and volume requirements for the entire site Table 4.3.Third Generation revised rules applicability and site size review thresholds,residential. (Detached single-family residential.) Detached Single-Family Residential Land Uses City Project Review Commission Project Review >1 acre to<15 acres >15 acres Developmentprojects Development Meet Commission rate,quality,and volume requirements for the Meet Commission rate,quality,and volume entire site requirements for the entire site Redevelopment projects Redevelopment projects <50%disturbed Meet Commission rate,quality,and volume Meet Commission rate,quality,and volume requirements for the disturbed area requirements for the entire site >50%disturbed Meet Commission rate,quality,and volume requirements for the entire site Infiltration. As adopted with this Third Generation Management Plan,the infiltration fi-om net new impervious surface requirement is increased from 0.5 inches infiltrated within 48 hours to one inch infiltrated in 48 hours.This is consistent with recent rules developed by other watershed management organizations. The rules will also now allow the use of decompacted and amended soil as a BMP credited toward meeting the infiltration requirement. 4.3.2 2013-2022 Monitoring Program The Third Generation Monitoring Program, which is set forth in more detail in Appendix D, has two organizing principles: continuation of routine flow and water quality monitoring in Shingle Creek and volunteer monitoring of lake water quality; and periodic special monitoring to evaluate progress towards meeting TMDL goals. 4-11 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft determines that it is infeasible to go forward using Option 1,then the Commission, as authorized in the Joint Powers Agreement, may go forward using Option 2 or Option 3 as described below. Option I - Cost Share Policy._For capital projects that have been identified in a Commission- adopted or approved TMDL or management plan or as approved by the Commissions for cost participation. Projects constructed to meet Commission development or redevelopment requirements are not eligible for cost participation. 1. The Commission's share will be 25 percent of the final cost of the project, with a minimum share of$25,000 and a maximum share of$250,000. 2. The Commission's share will be funded through the ad valorem tax method—spread across all taxpayers within the watershed. 3. If the 25 percent share of an individual project's final project cost is less than the amount certified for that project,the balance of the levy will be deposited into a segregated Closed Project Account. The Commissions will administer that account according to a Closed Account Policy. 4. Each Commission will use a maximum annual levy of$500,000 as a working guideline. 5. The project partners' share will be 75 percent of the cost of the project. This would be apportioned to the partners as follows, or in some other manner acceptable to them: a. The area directly benefiting from the project should be apportioned 25 percent of the cost of the project. This would be apportioned to partners based on, for example, proportion of lake or stream frontage. b. Fifty percent of the cost of the project should be apportioned based on contributing/benefiting area.The basis of this apportionment would likely be unique to each project. 6. The partners can each decide the funding mechanism that is best suited to them for payment of their share, for example through special assessments, storm drainage utility, general tax levy, or watershed management tax district. Option 2- 100 Percent Ad Valorem Tax Levy. Under the authority provided by Minn Stat 10313.251 Section VIII, Subd. 5,the Commissions have the authority to certify for payment by the county all or part of the cost of an approved capital improvement. The JPA provides that if cities are unable to come to a cost sharing agreement,then the Commission may order the project by funding 100 percent of the project cost from the Hennepin County ad valorem tax levy. Option 3—100 percent Apportionnient to Cities. Projects may also be 100 percent funded by cities. The JPA provides two alternates: projects may be funded through a negotiated cost share between cities having land in the affected subwatershed. Or,projects may be funded by apportioning the cost of the project across all the cities in the watershed using the same 50%land area/50%tax capacity formula as the general assessments to cities. The latter maybe amended by the Commission if it is clear that one or more of the cities receive a special benefit from the project. 4-17 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft i N O O O O O O O O O O O O O O O O O O O O N M Oi W M O M p h Vt O O �° 00 O O h O O O r C ss 0 0 0 0 0 0 O O O O 0 0 O O O O O O O O r N Cr M b V 0 00 l' h O W V� O O M O b 0 N 00 00 Vl �D V M M O N N h h V ti O O N V3 yq EH ~ 6Y 69 69 M6A 0 0 0 0 0 0 0 0 0 0 O O O O O O O 0 0 O D\ Q\ O Gl V O 0 0 0 00 00 O O O O O O M h v1 O �° O 0 0 0 0 0 O O O O O O O O O O O O O O N V< .1 N Mlc� O V1 O ct O o0 O O M O O O h p 65 69 ~ 69 69 f!i M N vi 6° 0 0 0 0 0 0 0 o O 0 o O O o 0 0 0 0 0 iD O N �D 7 O ul O O O.O O O O O O O O M N O N O O M O 0 0 O N H3 fA 69 ti f/3 f.A 69 M6'a O O O 0 0 O O O O O 0 0 O O O O O O 0 0 0 O O 0 0 0 O vt O M O N oo l� N M M M O N h vi V O O el q r4 p 4i rva 6Y .-+ 69 E+9 M N bcj Vt 'd •f: V V M <t• V 7 7 7 7 �n O W c Q A Fq m d U U Pq W al. W k' ai ai w al m m a a R ti w 11 w y a ti 6— m m ca ai ¢ ai ai cri ai 4 u: a ai m w .fl p ti y..i R 4i 4-i U ci m ai ai w ai w; t M 7 t M M N c4 m c`i N ri M riM N NN NM N N N u: c: m w w v: Q ai ai airjaiti time aid a � ga ¢ Aa air� ¢ oawai ai ¢ �¢ �¢comaiai ai¢cri ¢ceu G W F _r o z R R S a F W o 0 o C U in z •R U pp fli _ �J PPyy .� O ti R U '7 O F C U � � � 3 � O � � � R '�°' b o � ti •o � '� O P; F ,� ti v ¢ O � F m C. j o a R 7q a R rii m p � � b r~ a5i •� � �' ° K .o a o o � � o O � �o � ,o C�. � � r� W 0.Wi v qC U �O. U U U > > 4-18 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012-60-Day Review Draft N O O O O O O O O O O O C O O Vl O vl O O O O O O N I 69 O fH M ME9 64 � 69 69 69 N O O O O O o O O O O O M M 69 64 69 � N S9 ryy by I I O O O O O O O O O O O 0 0 0 0 G1 O O O O O O Vl O O O O O O CD CD C 69 M N M 69 44 6M4 C'e O O O O O O O O O O o cMO N o 0 0 0 0 0 0 N O H3 M c'S 69 fH (A H3 N O O O O O O O O O O O O O O O O O O O O O O 0 0 V1 O Vt O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O M O 7 vl O Vl O O O 00 N O N N V 9 00 r M N HY 69 69 64 •i: V 7 V W o k+ v a d U U a; d aS A d o v v v ¢ Pi j I 0i ai Pi j I PS d' m I N 'O N � N N O R 3 N N .M. W m I a P. p R .o '" dd77�yj O O a a 37 a F A a N N � W R'i � •� M a •� a N A , ,a W W a�i ' > w W •q o o .4 p o U ° U a U m G m U 0 a c"i ¢ m .� W a an d y O •o U o •y� U U U U U v �i ¢ � •, O o U> n "i o A 6 o m a U r-7 U a U .a d ti' F C7 U A O W a U v W U U M A 4-19 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft '', 1 O O O O O O O O O O O O O N O O O O O O O O O O O O O 69 64 yy Hi O O O O O O O O O r 0 0 0 0 0 0 0 0 0 N 69 69 6A b9 fiA b O O O O O O q O O O 10 H3 Q b9 b4 q .D C 0 0 0 0 o O O O O O 0 0 0 0 0 0 a+ 0 0 0 c °o °o °o N 6�9 •-+ M 6N4 o EH O a 0 0 cD 0 0 0 o 0 0 0 0 0 d 0 0 0 0 0 0 0 0 0 0 0 0 y � o W N O 00 N vi � u> oo �D o vi vi O h N q O o0 N b N N N M 7 N N N 69 64 69 ti rj Gn H 6A 69 N U O In o a 0 0 0 N I!r v E6 61) C O R O y +' 'C a a L t+ U 0.r R 3 N a N R q O � m v v v a v v CA 6�a ��R U y � Q N 0 u N y O 0'0 O ~ U Q O RO M 0 W �.� �n N T V •0 W -1 0.7 FO W Lr7 0.1 W v F p N R .r'• o a P. 's -o ' k o m o o 3 tc 0 0 rn o o o v 0 ° o a 0 h Cn M v •p x d ' v H Ln w a z a ° o a y a a s p p .1•HO^•o 0 a O O 0 O cn O U o o U n o U P �F a -& w A m g p x „ a b N � O ffy, xCRCR j y O R ti y .2. y O R N R �'•� p ^� N ii a U U t j o 0 Ua ava �� a Rya Hr�R 4-20 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012-60-Day Review Draft i O O O V7 O O O O O h h 0 0 O O O O V1 O Vt 0 0 O O O O N O O V7 h C\ V1 V1 00 Q� cq 6N4 GNG 6NS t- N M N H} b9 64 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 0 O O o O O o V7 O O rn M Vt N O V7 V7 t- N M ti E.Y � 4'3 69 64 ti 69 V1 ti b9 b9 O O O O O O O O O O O O O O O O O O O O O O O �O 01 M o0 h N 0 0 0 0 c7 01 N c b 4M`i h b O 69 6Y HA N N � � 0 0 0 0 0 O O O O 0 0 0 O O O O O 0 0 0 0 0 G1 h h 01 l0 t'r O O O V7 O O O o O O M O m o 0 M M N 11 N M Vl N O lei le5 6N9 V b � 64 69 E9 H rl N � � O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 •d' v� h 0 00 t� O O O 0 0 0 O O O O H O O O N � Mh m 7 't M .-: N Vi d' M I N o 6�9 00 N � � 0 0 0 0 0 O o 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O V1 O O OC D 0 0 rA O O Vt O to 00 [r O O O I n O O O O O O 7 O r s r 7 N63 69 E9 vi .�i f9 M ti N fR 69 aaaa � � w ci Iq a p O W fC tc w ai a� P .-. .-. A 4- . 4 U A ,p p ti ff ti,LI r.j d N v d= tV M N w ai w ai q a azS w waive w11i aiU U M u W M U Irz E c a W o u b o G m o 4N-. bz th Y U F °o W x' C P. p O r1ii •� 4 ❑ O F r L7 F H U CID r ° a 'C •y a ° b DC � • �°' o .� O L7 L7 W °rj .y w w Per o •� ° ° q O R+ q .,0 0 p O Ci Q v v v y '� p•� a°� `� _o �c'.r N N r o O A 'o CJ ,o Sa-i A05. °U o o 0 0 .7 waaxU U > 9 � A w a U R W rn ry F 4-21 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012-60-Day Review Draft N O O O O O O 0 0 0 O O O N O O O O O O O O It C O O 0 C N O O O O O O o O O O 6A 4NA 6�9 GSA 6M9 6MR N O O O O O O O N n 6N5 � 6�9 6N4 O O O O O O O O O yoj O O O O b O O N M N 69 69 b9 Fh 64 O O O O O O O O N O b ti O N H O V3 69 fR fA N a O O O O O O o O O o o O O O O O O Y O O O O O O oo N p 0 0 0 0 0 O O O U d' 0. h O ul O O 01 V t p O O O N w o G1 L� ri M 69 64 69 6R 69 ER FUi U b o 0 o O o 0 0 0. 4t V1 Vt N O O O V3 69 6M4 6M9 N U C6 ca U O O L � � O A R 7 w C p w O N ti ,p `rpa' R a. d Pa P7 W lYl CG o V 0 Ql N ri C 4= M N N L h ° W Pa c U U U Q Q P� O W A A G 0 ° a y ° O 0 o a rz OL U N R ti N R•��. .y b O to 2++ .° 'Ej a a Q pa o o F rn ', d R w 0 Z o a s a a c F cn o 'a o o 'p U °r U a E"E p^, a�"„ q •� U „o U ,n ,o U ,o 'A U N c .n o u .5 C�7 a u [�� ti �' cRi c ° m 5 C7 G o o .� 0 0 F o o R o U U 3 U 3 3 U r-7 y U d � z C7U Q ¢ as aU v w U U U 3 O O O 4-22 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012-60-Day Review Draft '.. 4.3.8 Addressing Identified Problems and Issues As noted above,this planning process revealed a number of problems and issues to be considered in this Third Generation Watershed Management Plan. Table 4.7 below repeats the problems and issues set forth in Table 4.1 at the beginning of this report section, and describes how each were addressed in this Implementation Plan. Table 4.7.Actions in this Plan addressing the identified problems and issues. Issue d or Issue Actions In 3rd Generation Plan Funding and Financial Stability 1.1 The TMDLs have identified very significant The CIP includes a proposed annual levy in each load reductions to be made in order to watershed to create a"Commission Fund for Retrofit achieve state water quality standards.This Projects." The Implementation Plan identifies the will increase pressure on the member cities to Commissions'Grant Match Funds as a potential fund water quality improvements on an source to fund small non-"bricks and mortar"types of ongoing basis.Given other budget needs,is projects,but the funds are limited. there adequate funding for implementation. 1.2 Should the Commissions continue to share in The Plan continues the Cost Share Policy,adding a the cost of implementation projects and at minimum project size,and includes a CIP that what level? identifies specific and placeholder projects. 1.3 Identify a sustainable funding level and The Implementation Plan continues to assume that sources that minimize impacts to city levies. any new activities would be funded by reallocation or by new assessments within the assessment cap limit. Some additional activities have been shown as either being funded from cash reserves or as"Additional Activities,Insufficient Funding."The operating budget continues funds to write grant proposals. Regulatory Rules and Standards � 2.1 Conflicting regulations between watersheds. In reviewing the development Rules and Standards Most cities have land in multiple watersheds, for the Plan,some revisions have been adopted to each of which has its own set of rules and improve consistency,for example,lowering the standards for development and project review thresholds to sites one acre in size and redevelopment and other issues of water increasing the infiltration requirement to one inch.. resources management.This could result in administrative complexity and be confusing to developers. 2.2 The watersheds are mostly developed The Plan includes revised Rules and Standards that (especially Shingle Creek)and Commission include specific performance requirements for and city rules and standards and practices redevelopment projects. regarding maintenance and redevelopment projects are inconsistent,resulting in"gray areas"open to interpretation. 2.3 State and regional TMDLs and other state or The Commissions are staying abreast with new state regional policy changes such as revised or and regional TMDLs,state stormwater permit new water quality standards may impact revisions,and other standards such as new water management requirements. quality standards. 2.4 Climate change has already had an impact on The Commissions are staying abreast of changing fi•equency,intensity,and duration of storm conditions.A Rules and Standards Review is an events. Implementation Plan action in 2017. 4-23 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft Issue problem or Issue Actions In 3rd Generation Plan # Data Availability 3.1 The lakes and streams TMDLs identified the The Plan includes a revised Monitoring Program that need for additional monitoring data and other includes both routine monitoring as well as periodic in- programmatic activities. depth monitoring to evaluate progress toward achieving TMDL goals.This was funded by reallocating the budget fi•om other activities. 3.2 Wetland functions and values data is Functions and Values assessments have been completed available for only some of the wetlands.This on most of the Priority Wetlands in the watershed.This decision was made in the"Water Quality data is compiled in the Plan. The Capital Improvement Plan,"which was appended to the Second Program includes funding for generic Wetland Generation Plan by plan amendment. Only Restoration Projects.The Plan does not identify specific "high value"wetlands were to be assessed— projects,but may as a component of the proposed Whole those that were located in lake or stream Watershed Sustainable Water Budget Study. riparian areas;in natural resources corridors; or in areas that were yet to be developed. 3.3 There ig a general lack of groundwater data, Outside of the planning process the Commissions have both groundwater elevations and initiated discussion with the USGS and DNR regarding groundwater quality.There are several the development of whole-watershed budgets that groundwater issues in the two watersheds, include groundwater components.The Implementation including fluctuating lake levels on Lake Plan for each Commission includes a project called Success;"disappearing wetlands"in northern Whole Watershed Sustainable Water Budget,for which Brooklyn Park;and reduced base flows in no funding has yet been identified. Shingle Creek and other streams. 3.4 The Shingle and Bass Creeks Impaired Biota This is a topic that would be addressed in the proposed TMDL identified a need to define a base Whole Watershed Sustainable Water Budget study in flow that will maintain aquatic life and to Issue 3.3 above. develop a strategic plan for attaining that flow. 3.5 What is the appropriate,sustainable water The Implementation Plan for each Commission includes budget for each watershed? a project called Whole Watershed Sustainable Water Budget,for which no funding has yet been identified. The Commissions will seek out grant funding to help fund this special study. Other Issues 4.1 During the Second Generation Plan,the The Implementation Plan provides funding for additional Shingle Creek Commission completed monitoring and to conduct the progress evaluations.The nutrient TMDLs on 13 lakes,and three Shingle Creek Commission will develop a process for TMDLs on Shingle Creek/Bass Creek: these five year assessments in late 2012 so that it is in chloride,dissolved oxygen,and impaired place in 2013 for the chloride TMDL and Twin and Ryan biota.Each includes an Implementation Plan Lakes TMDL evaluations. that sets forth actions both at the Commission level and the member city level. Each is on a five year cycle of progress evaluation. 4.2 Many of the TMDLs included an action to The Implementation Plan includes funding to conduct "implement other load reduction BMPs as BMP Retrofit studies systematically across the two opportunities arise."These opportunities watersheds.The Capital Improvements Program includes might be development or redevelopment, an annual levy in each watershed to create a street reconstruction projects,or citizen "Commission Fund for Retrofit Projects." demonstration projects. 4-24 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft i I Issue Problem or Issue Actions In 3"a Generation Plan 4.3 Technology and knowledge regarding BMP The Implementation Plan includes Gant Match Funds options continue to advance.Member cities that are replenished fi-om the annual budget.These are look to the Commissions to provide guidance used to fund the Commission share of projects and and to stay current on implementation BMPs. special studies such as the Porous Pavement Paired Intersection Study and the Modular Green Roof Study. 4.4 Maintain the existing 100-year flood profile The Implementation Plan includes funding to maintain throughout the watersheds. the calibrated XPSWMM model for Shingle Creek. 4.5 Improve the visibility and awareness of the The Education and Outreach Plan includes provisions to Commissions,their responsibilities and their continue press releases,the Commissions'website,and achievements. to reestablish the e-newsletter,likely in concert with the West Metro Water Alliance(WMWA). 4.6 There has been an inability to sustain regular The Education and Outreach Plan includes provisions to public input.When a project or study is continue press releases,the Commissions'website,and initiated there is interest,but for the most to reestablish the e-newsletter,likely in concert with the part it seems citizens simply assume that West Metro Water Alliance(WMWA).The water resources management is being"taken Commissions will consider periodic,perhaps quarterly care of." joint CAC meetings on special topics. 4.4 IMPACT ON LOCAL GOVERNMENTS Following approval and adoption of the Shingle Creek and West Mississippi Second Generation Third Generation Watershed Management Plan pursuant to Minnesota Statutes 103B, governmental units having land use planning and regulatory responsibility are required by statute to prepare or amend their local water management plans. Local plan content is driven primarily by Minnesota Rules 8410 and must include a capital improvement program and implementation plan to bring the local water management plan into conformance with the Commissions' Plan. The local water management plans must be submitted to the SCWM WMC and the Metropolitan Council within two years after approval of the Shingle Creek and West Mississippi WMP by the Board of Water and Soil Resources (BWSR). 4.4.1 Local Plan Content Local water management plans adopted by member cities pursuant to Minnesota Statutes, Section 103B.235 shall be consistent with the Third Generation Watershed Management Plan. Local plans must comply with Minnesota Statutes, Section 103B.235 and Minnesota Rules 8410 regarding local plan content. The Commissions strongly encourage communities to develop the scope of their local plan with assistance from the Commissions. At a minimum, local water management plans are required to do the following: • Update the existing and proposed physical environment and land use. Information from previous plans that has not changed may be referenced and summarized but does not have to be repeated. • Update the existing and proposed hydrology and provide subwatershed, storm drainage system, and installed BMP figures and shapefiles. • Explain how the goals and policies, and rules and standards established in the WMP will be implemented at the local level. 4-25 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft I • Show how the member city will take action to achieve the load reductions and other actions identified in and agreed to in TMDL Implementation Plans. • Explain how the City will implement the City Review project review requirements of the revised Rules and Standards. • Update existing or potential water resource related problems and identify nonstructural, programmatic, and structural solutions, including those program elements detailed in Minnesota Rules 8410.0100, Subp. 1 through 6. • Summarize the estimated cost of implementation and analyze the member city's ability to finance the recommended actions. • Set forth an implementation program including a description of adoption or amendment of official controls and local policies necessary to implement the Rules and Standards; programs;policies; and a capital improvement plan. 4.4.2 Local Plan Review Each member city shall submit its proposed water management plan to the respective Commission(s) and the Metropolitan Council for review before adoption by its governing body. The Commissions and the Metropolitan Council will review and approve or suggest changes to the local water management plan. The Metropolitan Council review period is 45 days and the SCWM WMC review period is 60 days after plan receipt. The Commission recognizes that the member cities in the Shingle Creek and West Mississippi watersheds range from fully developed'to developing.As such,the level of detail required in local plans will also vary. In addition,many member cities have land in multiple watersheds, and those WMOs are on differing management plan update schedules. The Commissions will consider approval of phased planning efforts provided they are notified of the phased approach prior to the start of planning activity. 4.4.3 Financial Impact This updated management plan assumes the annual increase in member city assessments will be controlled by the provisions of the JPAs,which limit the annual increase to inflation and require a majority of cities to affirmatively act to approve assessments above that cap. The largest municipal cost is likely to be the result of local water planning efforts mandated by the State of Minnesota and the SCWM WMC. Costs to revise the in-place local plan will range from minimal to$20,000 depending on the level of activity anticipated by the community. 4.5 PLAN REVIEW,UPDATE AND REVISION This Watershed Management Plan provides direction for Shingle Creek and West Mississippi Watershed Management Commission activities through the year 2022. The Commissions may initiate amendments to the Plan at any time. The Commissions intend that the Plan provide a flexible framework for managing the watersheds. 4-26 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft I 4.5.1 Amendment Procedures All amendments to the Plan except minor amendments shall adhere to the full review and process set forth in Minnesota Statutes 103B.231, and this section. Each Commission shall adopt proposed major plan amendments upon their approval by the Board of Water and Soil Resources(BWSR) in accordance with Minnesota Statutes 103B.231. The amendment procedure for minor plan amendments shall be in accordance with Minnesota Rules 8410.0140 as such rules now exist or as subsequently amended.Amendments to the approved capital improvement program may be considered to be minor plan amendments if the following conditions set forth in Minnesota Rules 8410.0140, Subp. 3 are met: 1. The original plan set forth the capital improvements but not to the degree needed to meet the definition of"capital improvement program" as provided in Minnesota Statutes, section 10313.205, subdivision 3; and 2. The affected county or counties have approved the capital improvement in its revised, more detailed form. The following examples of other minor plan amendments are given in Minnesota Rules 8410.0020, Subp. 10: "...recodification of the plan, revision of a procedure meant to streamline administration of the plan, clarification of the intent of a policy,the inclusion of additional data not requiring interpretation, or any other action that will not adversely affect a local unit of government or diminish a water management organization's ability to achieve its plan's goals or implementation program." In addition, a minor plan amendment will be required for the following situation: 1. When a capital project is included in the approved Capital Improvement Program and the Commission's share of an updated cost estimate is greater than 125 percent of the Commission's share shown on the CIP, as adjusted by the Construction Cost Index as published by the Engineering News Record. A minor plan amendment may be required for the following situation, unless the County Board determines that no minor plan amendment is necessary: 1. When a capital project is included in the approved Capital Improvement Program and the Commission's share of an updated cost estimate would require a tax levy greater than $250,000. Neither a minor nor a general plan amendment will be required for the following situations: 1. If projects included in the approved CIP are implemented in a different year than shown. 4-27 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012—60-Day Review Draft i I 2. When a capital project is included in the approved Capital Improvement Program and the Commission's share of an updated cost estimate does not exceed 125 percent of the Commission's share shown on the CIP, as adjusted by the Construction Cost Index as published by the Engineering News Record. 3. Capital projects added to the Capital Improvement Program through the minor plan amendment process do not need another minor plan amendment provided the Commission's share of an updated cost estimate does not exceed 125 percent of the Commission's share of the original cost estimate, as adjusted by the Construction Cost Index as published by the Engineering News Record. 4. When a capital project is included in the approved Capital Improvement Program and the Commission's share of an updated cost estimate is less than the Commission's share shown on the CIP, as adjusted by the Construction Cost Index as published by the Engineering News Record. However,the Commission will review such projects to evaluate the extent to which the original project objectives are being met. 4.5.2 Form of the Amendment Unless the entire document is reprinted, all amendments adopted by the Commissions must be printed in the form of replacement pages for the Plan, each page of which must-conform to the following: 1. On draft-amendments being considered, show deleted text as stricken and new text underlined. 2. Be renumbered as appropriate. 3. Include the effective date of the amendment. 4-28 Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan October 2012-60-Day Review Draft i Appendix Public Review and Input Process [This page left intentionally blank] i Shingle Creek and West Mississippi Watershed Management Commissions Third Generation Watershed Management Plan Public Review and Input Process The Shingle Creels and West Mississippi Watershed Management Commissions initiated work on the Third Generation Watershed Management Plan in November 2010 by discussing the planning process and establishing a general schedule and by directing consulting engineering and administrative staff to work with the member cities to prepare a Second Generation Watershed Management Plan Self Assessment. That Self Assessment was discussed and finalized in December 2010 (see Appendix B of this Plan), and the Commissioners completed an initial goal- setting and visioning exercise at their December 2010 meeting. The Commissions hosted a Plan Kickoff Meeting on February 10, 2011. The Commissions charged their Technical Advisory Committee (TAC) with reviewing several topic areas in depth and making recommendations to the Commissions. The Commissions also charged the Education and Outreach Committee (EPOC) with reviewing the existing education and outreach plan and making recommendations for a Third Generation Education and Outreach Plan. A mid-process meeting with City Managers was also held to discuss policy and budgetary questions. Finally, rather than establish a Citizen's Advisory Committee (CAC) expressly for the purpose of providing input to the Third Generation Plan, the commissions asked each of the ten member cities to designate an existing city citizens advisory committee to serve in that capacity. Those groups met individually and then jointly to,discuss priorities for the third Generation Plan. Technical Advisory Committee(TAC)Review The TAC met on eight occasions to discuss the Plan. The following are the dates and topics of the meetings: February 24,2011 Identify gaps,discuss issues,preliminary goal setting June 23,2011 Review upcoming water quality standards,review data needs and monitoring framework August 25,2011 Review draft monitoring plan October 27,2011 Initial discussion of rule and standard revisions December 1,2011 Continued discussion of rule and standard revisions February 23,2012 Continued discussion of rule and standard revisions April 26,2012 Final rule and standard revisions,discuss CIP and Implementation Plan May 24,2012 Discuss CIP and Implementation Plan Education and Public Outreach Committee The Education and Public Outreach Committee (EPOC) met three times to develop an education and outreach plan for the Third Generation Plan. The EPOC was closely involved with the development of the West Metro Water Alliance(WMWA)Education and Outreach Plan, and the Third Generation EOP is modeled on it. July 12,2011 Discuss and establish draft education and outreach goals August 1,2011 Discuss stakeholder educational goals and implementation actions March 27,2012 Final review of educational goals and implementation actions Appendix G-1 Policy Makers Review On August 17, 2011 the TAC hosted a meeting for City Managers and their designees to discuss policy issues. The group discussed several policy issues and in general expressed satisfaction with the current division of responsibilities, level of operational budget funding, and the Commissions' current programming. They were very supportive of continuing Commission financial participation in capital improvement projects, and thought the 25% contribution was a reasonable percentage that should be continued. They thought the city assessment cap was working well, helped the cities manage their budgets without surprises, and should be continued. The City Managers were very supportive of continuing to use city advisory commissions rather than trying to identify additional volunteers and maintain a Commissions' Citizen Advisory Committee. The Managers discussed the Joint Powers Agreement and agreed that unless there was something in the Management Plan that required an immediate revision, they would not revise the JPA as part of the Third Generation Plan process but would probably wait until 2013 to address the JPA. The current JPA expires on January 1, 2015. In general the City Managers expressed satisfaction with the Commissions and the operations and programming provided. Citizens Advisory Committee I Rather than establish a Citizen's Advisory Committee (CAC) expressly for the purpose of providing input to the Third Generation Plan, the commissions asked each of the ten member cities to designate an existing city citizens advisory committee to serve in that capacity. Commission staff prepared two presentations and asked each city to convene their group twice. The Commissions provided a "Train the Trainer" session for the city representatives giving the presentations. The following meetings were held: City CAC Meeting Date(s)(all in 2012) Brooklyn Center Planning Commission April 26,May 31 Brooklyn Park Champlin Environmental Resources Commission April 2,May 7 Crystal Environmental Quality Commission March 15,May 17 Maple Grove Minneapolis New Hope Planning Commission May 1,June 5 Osseo Plymouth Environmental Quality Commission May 9,June 13 Robbinsdale Planning Commission May 17 The Commissions convened a third, joint CAC meeting to which each city was asked to send representatives to report on their individual city discussions, issues, and priorities. The joint meeting was held on July 30, 2012. Sixteen people representing seven of the ten member cities Appendix G-2 II attended, including some Commissioners and TAC members. No one representing Minneapolis, New Hope, or Osseo was in attendance. In summary the following issues were common between the cities: 1. A need for a more robust public education and outreach program; 2. Assistance in finding ways to retrofit BMPs in developed areas; 3. Monitoring to verify BMP performance; and 4. Interest in developing a whole-watershed sustainable water budget. To help understand member city priorities, prior to the CAC meeting, participants were asked to respond to a SurveyMonkey poll asking them to rate the importance of various issues and suggest a timeframe for addressing them — in the next 10 years, in the next 10-20 years, in the next 20+years. The issue that scored highest as most important/most urgent was "Getting more pollutant load reduction from developers and redevelopers." Education to raise general awareness as well as to provide specific information about BMPs on private property also scored highly on both metrics. "Meeting state water quality standards" was ranked as very important but slightly less urgent, f perhaps recognizing that it will take many years to achieve those goals. Finally, increasing groundwater recharge was seen as being very important. Two issues stood out as being of lower importance and less urgency — restoring fishing in Shingle Creek and providing financial assistance to residents to undertake BMPs. i I I Appendix G-3