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HomeMy WebLinkAbout2013 01-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 14, 2013 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 January 14, 2013 AGENDA 1.Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. Administer Ceremonial Oath of Office 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.December 10,2012 — Study Session 2.December 10,2012 — Regular Session 3.December 10,2012 — Work Session b.Licenses c.Resolution Designating Official Newspaper d.Resolution Designating Depositories of City Funds e.Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau CITY COUNCIL AGENDA -2- January 14, 2013 f.Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g.Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h.Resolution Granting Corporate Authority for Transaction of Financial Business Matters i.Resolution Approving a Master Partnership Contract between the Minnesota Department of Transportation and the City of Brooklyn Center Approval of Site Performance Guarantee Reduction for 7051 Brooklyn Boulevard — CEAP/Northwest Family Service Center k. Approval of Site Performance Guarantee Reduction for 4001 Lakebreeze Ave N - Twin Lakes IV 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Kara Kuykendall for Her Dedicated Public Service on the Housing Commission and the Planning Commission Requested Council Action: —Motion to adopt resolution. b.Resolution Expressing Recognition and Appreciation of LeRoyce Walker for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to adopt resolution. c.Resolution Expressing Recognition and Appreciation of Chereen Norstrud for Her Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. d.Resolution Expressing Recognition and Appreciation of Kris Lawrence-Anderson for Her Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. e. Resolution Expressing Appreciation for the Donations of Luther Automotive Group in Support of Youth Soccer Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 14, 2013 8. Public Hearings a. Kylawn Park Area Improvements 1.Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Improvement Project Nos. 2013-01 and 2013-02, Kylawn Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b. Resolution Vacating a Siren Easement, Number 7581467, Hennepin County, Minnesota (6700 Brooklyn Boulevard, Luther Toyota Site) Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2012-022 Submitted by Ludmila Bryskina. Request for Variance to City Code Sect. 35-111, the Expansion of a Non- conforming Structure in the R-1 (Residence One) District, Which Would Allow the Applicant the Ability to Construct a Passageway/tunnel Between an Existing Dwelling and Detached Garage, and Maintain a Reduced Setback for the Garage of 18.3-ft. from the Required 35-ft. Front-yard Setback. The Planning Commission recommended approval of this application at its December 13, 2012, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2012-022 Submitted by Ludmilla Bryskina For Approval of a Variance to City Code Sect. 35-111, Non-Conforming Uses, Located at 5601 Indiana Avenue North Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -4- January 14, 2013 10. Council Consideration Items a.Select Presiding Officers — Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: —Council discuss and select presiding officers. b.Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: —Motion to adopt resolution. c.Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2013 Requested Council Action: —Motion to ratify Mayoral appointments. d.Mayoral Reappointments to City Advisory Commissions Requested Council Action: —Motion to ratify Mayoral appointments. e.Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral appointment. f.Consideration of Type IV 6-Month Provisional Rental License for 3401 47th 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 6331-6401- 6425 Beard Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -5- January 14, 2013 h. Consideration of Type IV 6-Month Provisional Rental License for 6012 Kyle 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. Consideration of Type IV 6-Month Provisional Rental License for 5341 Girard 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. Consideration of Type IV 6-Month Provisional Rental License for 7044 Drew Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. k. Consideration of Type IV 6-Month Provisional Rental License for 2701 65th 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. 1. Consideration of Type IV 6-Month Provisional Rental License for 7100 Kyle Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -6- January 14, 2013 m.Consideration of Type IV 6-Month Provisional Rental License for Brookside Manor (1121-1307 67th 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. n.Consideration of Type IV 6-Month Provisional Avenue North 1. Resolution Approving a Type IV Rental North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant —Motion to close hearing. —Motion to adopt resolution. Rental License for 3400 66th License for 3400 66th Avenue 11.Council Report 12.Adjournment City Council Agenda Item No. 6a ( MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 10, 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 6:15 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman (arrived at 6:30 p.m.), Lin Myszkowski, and Dan Ryan (arrived at 6:30 p.m.). Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. RECESS Councilmember Myszkowski moved and Councilmember Kleven seconded to recess the Study Session until 6:30 p.m. and move to the celebration for retiring Councilmember Kay Lasman. Motion passed unanimously. Councilmembers Lasman and Ryan arrived. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:33 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 6g, Resolution Accepting a Feasibility Report Calling for a Public Hearing, Improvement Project Nos. 2013-01, 02, 03, and 04, Kylawn Park Area Street and Utility Improvement, in particular whether it should indicate 2013 instead of 2012. City Manager Curt Boganey indicated the wording is correct, as stated. Councilmember Kleven requested discussion on Item 10a, Resolution Establishing a Sister City Relationship Between the City of Brooklyn Center, Hennepin County, United States of America, and the City of Voinjama, Lofa County, Republic of Liberia, in particular clarification of disbursements brought before the City Council, when needed. Mr. Boganey referenced the last: "WHEREAS, except for staff time no expenditure of tax dollars is expected to occur in support of 12/10/12 -1- DRAFT carrying out specific Sister City programs or activities but private donations to the City may be used in support of these Council approved activities." He explained this statement implies that any activities must be approved by the City Council. The City Council indicated that had been its unanimous consensus. Councilmember Lasman noted the response was thorough and she could now see the symbiotic relationship more clearly. She noted there are many Liberians living in our midst and while they love living in the United States, there is probably an attachment to their homeland. She stated she supported embracing a Liberian Sister City in this manner because it will bring a closeness between the two cities and may benefit in getting newcomers to participate in City activities. Councilmember Kleven stated she was not opposed to the Sister City Program but wished there had been an opportunity for the City Councilmembers to see the City of Voinjama for themselves, as the Brooklyn Park City Council had the opportunity to do with its Sister City. Councilmember Lasman asked if that visit was before or after Brooklyn Park adopted its Sister City Program. Mr. Boganey stated it occurred when the Vice President was in town and after Brooklyn Park had visited Liberia. Mayor Willson indicated the costs for travel might go down after the holidays. Councilmember Myszkowski presented a picture of the main highway in Lofa County, noting it is in poor condition. She indicated she had been impressed with the information on the International Sister City Program and risks, but thought teleconferencing may be an option and still enrich Brooklyn Center. Mayor Willson agreed the cultural exchange will be rewarding for the City's residents and joining the Sister City Program would not commit any tax dollars unless the City Council decided to do so at a future date. Mr. Boganey confirmed this resolution does not commit the City to join the International Sister City Program, which includes a fee. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:46 p.m. -2- DRAFT12/10/12 Motion passed unanimously. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS — CONTINUED Councilmember Kleven requested discussion on Item 10e.4, Resolution Adopting the 2013 General Fund Budget, in particular the added funding to support the Brooklyn Bridge Alliance for Youth and the new Youth Gymnasium. She asked whether this is within the CARS budget. Mr. Boganey explained the Brooklyn Bridge Alliance for Youth is within the Joint Powers section of the Budget and the Gymnasium appropriation is an increase in staffing costs and within the General Fund CARS Budget. Councilmember Kleven asked if there would be funding in addition to the $1,468,000. Mr. Boganey read the first page of the Budget overview relating to this funding and explained the funding was inclusive. MISCELLANEOUS Councilmember Lasman stated she had talked with CEAP staff about the level of security at the Adult Education/Northwest Hennepin Health and Human Services parking ramp and learned it had 19 cameras that record live to Hennepin County. Should there be an irregularity, Hennepin County dispatches police to the area. There is also on-site security until 9 p.m. Councilmember Lasman stated she has been asked by constituents how the parking lot is being secured so she wanted to pass along this information. Councilmember Myszkowski asked if the cameras are Hennepin County owned. Councilmember Lasman stated she did not ask who was funding the cameras but assumed Hennepin County was a partner. Councilmember Kleven reviewed a discussion that occurred during the last MAC meeting that in the winter, cars are left running and unattended, which is illegal and an invitation to thieves. At that meeting, Councilmember Lasman had suggested including an article about this matter in City Watch and on the City's website. Councilmember Kleven stated she supported those suggestions and would also like an explanation of that ordinance inserted into the City's utility billing. She noted this method could also be used to communicate the community gardens program. Mayor Willson asked about the cost of that form of communication. Mr. Boganey advised it is labor intensive to stuff the utility bills, which he will calculate and report on at a future meeting. Councilmember Lasman stated she is delighted to say that the last newsletter contained an article covering that issue. Councilmember Ryan noted the City Council had inquired about Sun Post delivery to households because in January the City Council will designate the official newspaper of record. Mr. Boganey stated that circulation information had been included in a recent City Council update. 12/10/12 -3- DRAFT He recalled the number reported was in the 6,000 range, which is higher than presumed, and comprised perhaps 80% or more of the City's single-family homes. Mr. Boganey stated the Sun Post exceeds the Statutory requirement so it then becomes a question of whether or not the City would prefer a different business. That decision will be made in JanuarY. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 7:01 p.m. Motion passed unanimously. 12/10/12 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 10, 2012 CITY HALL — COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Infoi nal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lasman introduced St. Alphonsus Cub Scout Pack 454, Wolf Den Number 3, who presented the Colors and led the Pledge of Allegiance. RECESS REGULAR SESSION TO HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY Councilmember Myszkowski moved and Councilmember Kleven seconded to recess the Regular Session at 7:05 p.m. Motion passed unanimously. -1- DRAFT12/10/12 RECONVENE REGULAR SESSION Councilmember Myszkowski moved and Councilmember Kleven seconded to reconvene the Regular Session at 7:15 p.m. Motion passed unanimously. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:15 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, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited during the Invocation. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 26, 2012 — Study Session 2.November 26, 2012 — Regular Session 3.November 26, 2012 — Work Session 4.December 3, 2012 —2013 Budget Hearing 5. December 3, 2012 — Work Session 6b. LICENSES GASOLINE SERVICE STATION Awad Company Bassil Company Brookdale Holiday Brooklyn Center Municipal Garage Qwest Communications dba Century Link 6501 Humboldt Avenue North 1505 69 th Avenue North 5710 Xerxes Avenue North 6844 Shingle Creek Parkway 6540 Shingle Creek Parkway 12/10/12 -2- DRAFT LIQUOR -- CLASS A ON-SALE INTOXICATING AND SUNDAY Crowne Plaza Minneapolis North 2200 Freeway Boulevard LIQUOR — CLASS B ON-SALE INTOXICATING, SUNDAY Applebee's Neighborhood Grill & Bar 1400 Brookdale Center Embassy Suites 6300 Earle Brown Drive LIQUOR — CLASS C ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North LIQUOR — CLASS D ON-SALE INTOXICATING, SUNDAY, AND 2 AM Mr. BBQ 2101 Freeway Boulevard Subject to submittal of Liquor Liability and Workers' Compensation Insurance Certificate, CPA Statement, and payment of 2" half 2012 property taxes and City utilities paid by cash, or certified or cashier's check no later than December 19, 2012 LIQUOR — CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International @ Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR — ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Brothers American Legion Post 630 6110 Brooklyn Boulevard LIQUOR — ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR 50'S Grill 5524 Brooklyn Boulevard C 1 Buffet 6090 Shingle Creek Parkway The Global Kitchen 6000 Shingle Creek Parkway Great India 6056 Shingle Creek Parkway LIQUOR — SUNDAY The Global Kitchen 6000 Shingle Creek Parkway LIQUOR — ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIQUOR — OFF-SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue North Bassil Company dba Marathon 1505 69 th Avenue North Cub Foods — Brookdale 3245 County Road 10 Len Ku dba Sun Foods 6350 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #3192 6950 Brooklyn Boulevard Northern Tier Retail LLC dba SuperAmerica #4160 6545 West River Road 12/10/12 -3- DRAFT Northern Tier Retail LLC dba SuperAmerica #4058 Walmart MECHANICAL Benjamin Franklin Plumbing Commercial Plumbing & Heating JOMAC Mechanical Lane Refrigeration, Heating & A/C McAlister Heating & Air RENTAL INITIAL (TYPE III— one-year license) 6936 Grimes Avenue North 5112 Paul Drive INITIAL (TYPE — two-year license) 4748-52 Twin Lake Avenue RENEWAL (TYPE — one-year license) 6820 Fremont Place North 1537 Humboldt Place North 5746 Irving Avenue North RENEWAL (TYPE Il — two-year license) 6435 Bryant Avenue North 7235 Fremont Avenue North 5925 Washburn Avenue North 4612 Woodbine Lane RENEWAL (TYPE I— three-year license) 720 69 th Avenue North 1312 72 nd Avenue North TOBACCO RELATED PRODUCT Awad Company Bassil Company Brookdale Holiday Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Family Dollar #5110 Family Dollar #4514 Family Dollar #9267 Royal Tobacco Sun Foods Wal-Mart #5625 1901 57 th Avenue North 1200 Shingle Creek Crossing 1424 3 rd Street NE, Minneapolis 24428 Greenway Ave N, Forest Lake 9318 Spring Lake Rd., North Branch 11652 Crow Hassan Pk Rd, Hanover 15112 Lever Street NE Pa Her Ronald Martin Grant Osgood Sharon McGary ShoeMiller Properties LLC Kathy Becker Thomas Kaiser Deepak Nath Chen Lor Kenneth Jordan Dragon Property Management Curtis Cady 6501 Humboldt Avenue North 1505 69th Avenue North 5710 Xerxes Avenue North 5625 Xerxes Avenue North 6930 Brooklyn Boulevard 2105 57 th Avenue North 6211 Brooklyn Boulevard 6800 Humboldt Avenue North 5625 Xerxes Avenue North 6350 Brooklyn Boulevard 1200 Shingle Creek Parkway 12/10/12 -4- DRAFT 6c.2013 CITY COUNCIL MEETING SCHEDULE 6d.RESOLUTION NO. 2012-164 APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2013 6e.RESOLUTION NO. 2012-165 SETTING SALARIES FOR CALENDAR YEAR 2013 6f.RESOLUTION NO. 2012-166 APPROVING FUNDING SOURCES, IMPROVEMENT PROJECT NOS. 2010-01, 02, 03, AND 04, CONTRACT 2010-A, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS 6g.RESOLUTION NO. 2012-167 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2013-01, 02, 03, AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS 6h.RESOLUTION NO. 2012-168 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2013-01 AND 02, KYLAWN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS 6i. RESOLUTION NO. 2012-169 ADOPTING OFFICIAL NEIGHBORHOOD DESIGNATIONS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2012-170 EXPRESSING RECOGNITION AND APPRECIATION OF KAY LASMAN FOR SIXTEEN YEARS OF DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson read in full a resolution expressing recognition and appreciation of Kay Lasman for 16 years of dedicated public service as Council Member. All responded with a round of applause and standing ovation. Mayor Willson presented a plaque of appreciation to Councilmember Lasman, noting this is her last official meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-170 Expressing Recognition and Appreciation of Kay Lasman for Sixteen Years of Dedicated Public Service as Council Member. -5- DRAFT12/10/12 Councilmember Ryan stated it has been his honor to serve with Councilmember Lasman who epitomizes what it is to be a local Councilmember in a position of leadership. He noted Councilmember Lasman has brought a voice of intelligence and reason, personal integrity, and persuasion to bring the City Council together to do the right thing. She also brings decisions to the public in a way that fosters confidence in the City Council. Because of Councilmember Lasman's service during his tenure, he found that he and his colleagues have become better members and gained confidence in going forward. Councilmember Kleven stated she agreed with all of Councilmember Ryan's comments. Councilmember Myszkowski stated she has found Councilmember Lasman to be a great example of what a public servant should be: unflappable, a good and impartial listener, treating all with respect, and validating participation. Councilmember Myszkowski thanked Councilmember Lasman for serving Brooklyn Center for the past 16 years and the sacrifices made to represent the community, reach out to others, and make this City the best it can be for all. Councilmember Myszkowski noted there is a big sacrifice to the family when in public service and Councilmember Lasman had children at home when she started on the City Council. She also thanked Councilmember Lasman's husband Len, another asset to Brooklyn Center. Mayor Willson explained that he had no intention of running for the office of Mayor but Councilmember Lasman and former Mayor Kragness persuaded him to do so. Mayor Willson stated he had then "twisted Councilmember Lasman's arm" to run for another term, which she did. Mayor Willson stated Councilmember Lasman has been the "rock," keeping the City Council anchored, she has a good memory, a good disposition, is smart and able to help the City Council make good decisions. Mayor Willson stated the City Council and Member-Elect will have "big shoes" to fill and he hopes the City Council will be able to consult with Councilmember Lasman from time to time. He thanked Councilmember Lasman for her years of dedicated service on the City Council. Mr. Boganey stated he has been in municipal business since 1976 and known many councilmembers but finds that Councilmember Lasman is the consummate Councilperson with extraordinary institutional knowledge, focus on protecting Brooklyn Center's future, does her homework, studies the issues, and has always been in pursuit of knowledge by attending sessions, training, and programs to be better able to serve the residents of Brooklyn Center. Mr. Boganey stated Councilmember Lasman is one of the best councilmember he has ever worked for. Motion passed unanimously. 7b. RESOLUTION NO. 2012-171 EXPRESSING APPRECIATION FOR THE DONATIONS OF BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2013 EARLE BROWN DAYS PARADE, THE 2013 EARLE BROWN DAYS GOLF TOURNAMENT, AND THE COMMUNITY GARDENS PROGRAM 12/10/12 -6- DRAFT Mr. Boganey introduced the item and advised of the donations received from the Brooklyn Center Lions Club for 2013 Earle Brown Days activities. He expressed his appreciation for the support provided by the Brooklyn Center Lions Club. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-171 Expressing Appreciation for the Donations of Brooklyn Center Lions Club in Support of the 2013 Earle Brown Days Parade, the 2013 Earle Brown Days Golf Tournament, and the Community Gardens Program. Mayor Willson read in full the resolution expressing recognition and appreciation for the donations of the Brooklyn Center Lions Club in support of the 2013 Earle Brown Days Parade, Golf Tournament, and Community Gardens Program. He noted Councilmember Lasman is a member of the Brooklyn Center Lions and also served the City in that manner. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2012-172 VACATING CERTAIN EASEMENTS WITHIN LOT 1 AND LOT 2, BLOCK 1, CADY ADDITION, SIDEWALK EASEMENT DOCUMENT NUMBER 1014999 AND SIDEWALK EASEMENT NUMBER 1032892, HENNEPIN COUNTY, MINNESOTA (MONTY ADDITION, 6901 BROOKLYN BOULEVARD) Public Works Director/City Engineer Steve Lillehaug introduced the item and presented the request of the developer to release and terminate easements that are either no longer needed or are being replaced by new easements. He advised 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 would not negatively affect rights to public easements. Staff is unaware of any entity objecting to the proposed vacations. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2012-172 Vacating Certain Easements within Lot 1 and Lot 2, Block 1, Cady Addition, Sidewalk Easement Document Number 1014999 and Sidewalk Easement 12/10/12 -7- DRAFT Number 1032892, Hennepin County, Minnesota (MONTY ADDITION, 6901 Brooklyn Boulevard), subject to conditions as presented by the City Engineer. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS — None. 10.COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012-173 ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, UNITED STATES OF AMERICA, AND THE CITY OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA Mr. Boganey introduced the item, discussed the history, and purpose of the resolution to join the Sister City Program with the City of Voinjama, Lofa County, Republic of Liberia. He indicated it is not anticipated that any tax dollars would be used to support Sister City activities; however, donations may be used for activities approved by the City Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2012-173 Establishing a Sister City Relationship Between the City of Brooklyn Center, Hennepin County, United States of America, and the City of Voinjama, Lofa County, Republic of Liberia. The Council stated its support of the Sister City Program and forming a relationship with the City of Voinjama that will benefit both cities. It was noted the City Council had taken time to research this issue and deliberate, during which time the representatives of the Liberian community have come together with a recommendation for the City of Vionjama. Wayne Doe, representing the organization of Liberians in Minnesota, stated he is honored to greet the Brooklyn Center City Council on behalf of the organization and the Liberian community. He explained that Liberian immigrants recognize and applaud the efforts Brooklyn Center has made to assure citizen relationships create a conducive environment where individuals can experience the American dream and those with common interests can thrive. Mr. Doe commented on the benefits of the Sister City Program and indicated the government of Liberia supports this effort and its Embassy has sent a letter that Reverend Collins would like to present. Mr. Doe stated he speaks on behalf of all Liberians to thank Brooklyn Center for its support of the Sister City Program. Councilmember Myszkowski restated her support and indicated the United States of America is inextricably tied to Liberia, which came to be in the 19 th Century when the United States returned freed slaves and blacks to Africa. Those people who returned to Africa used the United State's Constitution and tried to create a form of government that would honor the United States of America. -8- DRAFT12/10/12 Motion passed unanimously. Additional presentations were made following consideration of Item 10.c.1. 10b.MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PARK AND RECREATION COMMISSION Mayor Willson presented his nomination of Jerome Witalka to the Park and Recreation Commission. Councilmember Kleven moved and Councilmember Lasman seconded to ratify the Mayoral nomination of Jerome Witalka, 7237 Girard Avenue North, to the Park and Recreation Commission with a term to expire December 31, 2013. Motion passed unanimously. 10c.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6835 COLFAX AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 6835 Colfax Avenue North was inspected and ten 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. However, the property owner failed to meet the conditions of the Type IV Rental License, specifically to attend Owners/Managers Association Meetings and to complete security improvements. According to City ordinances, if the requirements of the license category and Mitigation Plan are not met, the license renewal category remains a Type IV. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval of the continued Type IV Rental License in lieu of denial, revocation, or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-174 APPROVING A TYPE IV RENTAL LICENSE FOR 6835 COLFAX AVENUE NORTH -9- DRAFT12/10/12 Councilmember Ryan moved and Councilmember Lasman to adopt RESOLUTION NO. 2012- 174 Approving a Type IV Rental License for 6835 Colfax Avenue North. Motion passed unanimously. 10a. RESOLUTION NO. 2012-173 ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, UNITED STATES OF AMERICA, AND THE CITY OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA (CONTINUED) Mayor Willson recognized the attendance of the Reverend Alexander Collins of Redeemed Life Church and invited the Reverend to approach the City Council and make comments. At the request of Reverend Collins, Mr. Doe read in full a Citation from His Excellency Joseph N. Boakai, Vice President of the Republic of Liberia, endorsing the Sister City relationship between the City of Brooklyn Center, Hennepin County, United States of America, and the City of Vionjama, Lofa County, Republic of Liberia, John Talley, Brooklyn Center resident for 12 years and member of the Sister City Committee, stated the City Council's support of the resolution was not a surprise because when he conducted the first antiracism workshop for five cities, only Brooklyn Center attended. Since that time, the City of Brooklyn Center and its Police Department have had a beautiful relationship with the Liberian community. Mr. Talley stated he wanted it known, on behalf of the Liberian community, that they appreciate all Brooklyn Center has done in showing its "hand" to welcome Liberians to this community. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6813 HUMBOLDT AVENUE NORTH B104 Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 6813 Humboldt Avenue North B104 was inspected and 11 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. -10- DRAFT12/10/12 Councilmember Lasman moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6813 Humboldt Avenue North B104, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. CONSIDERATION OF 2013 BUDGET 1.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2013 FISCAL YEAR Mr. Boganey introduced the item and noted that while the City Manager is tasked by City Charter to present the budget, it is a collaborative effort that would not occur without the policy direction of the City Council, advice of the Financial Commission, input of staff members, and coordination and work of Finance Director Jordet. Mr. Boganey presented the City Council's goals, 2013 levy, and General Fund overview. It was noted that the 2013 General Fund budget increased 3.58% and the overall tax levy increased 2.61%, less than the implicit price deflator (measure of inflation). Mr. Boganey presented the distribution of residential and commercial property tax and recommended approval of the final property tax levy amount of $14,590,211. Councilmember Lasman moved and Councilmember Myszkowski seconded to accept the City Manager's Budget Transmittal Letter for 2013 Fiscal Year. Motion passed unanimously. 2.RESOLUTION NO. 2012-175 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING & REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2013 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-175 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for Debt Service Fund for Property Taxes Payable in 2013. Motion passed unanimously. 3. RESOLUTION NO. 2012-176 ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF 12/10/12 -11- DRAFT OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2013 Councilmember Myszkowski moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-176 Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2013. Motion passed unanimously. 4.RESOLUTION NO. 2012-177 ADOPTING THE 2013 GENERAL FUND BUDGET Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-177 Adopting the 2013 General Fund Budget. Motion passed unanimously. 5.RESOLUTION NO. 2012-178 ADOPTING 2013 SPECIAL REVENUE FUND BUDGETS Councilmember Myszkowski moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2012-178 Adopting 2013 Special Revenue Fund Budgets. Motion passed unanimously. 6.RESOLUTION NO. 2012-179 ADOPTING THE 2013 DEBT SERVICE FUND BUDGETS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-179 Adopting the 2013 Debt Service Budgets. Motion passed unanimously. 7.RESOLUTION NO. 2012-180 ADOPTING THE 2013 CAPITAL PROJECT FUND BUDGETS Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-180 Adopting the 2013 Capital Project Fund Budgets. Motion passed unanimously. -12- DRAFT12/10/12 8.RESOLUTION NO. 2012-181 ADOPTING THE 2013 ENTERPRISE FUND BUDGETS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-181 Adopting the 2013 Enterprise Fund Budgets. Motion passed unanimously. 9.RESOLUTION NO. 2012-182 ADOPTING THE 2013 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-182 Adopting the 2013 Public Utility Fund Budgets. Motion passed unanimously. 10.RESOLUTION NO. 2012-183 ADOPTING THE 2013 INTERNAL SERVICE FUND BUDGETS Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-183 Adopting the 2013 Internal Service Fund Budgets. Motion passed unanimously. 11.RESOLUTION NO. 2012-184 ADOPTING THE 2013-2027 CAPITAL IMPROVEMENT PROGRAM Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-184 Adopting the 2013-2027 Capital Improvement Program. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: •November 27, 2012, Multi Cultural Advisory Committee Meeting •December 1, 2012, CEAP Toy Collection Breakfast •December 2, 2012, Holly Sunday Events •December 3, 2012, Public Hearing for 2013 Budget •December 4, 2012, Interview by the Editor of the Sun Post Councilmember Lasman commented on the honor and privilege it has been to serve the citizens of Brooklyn Center for 16 years. She thanked all who gave their votes and trust and stated she is proud of the great progress made in Brooklyn Center. Councilmember Lasman stated the current City Council is the best team she has served with and she looks forward to bigger and better things to come and a bright future. She thanked the residents for allowing her to be their Council -13- DRAFT12/10/12 Member and wished God's blessing on Brooklyn Center, America, and each and every one. Councilmember Lasman wished a Happy New Year to all. Councilmember Ryan reported on his attendance at the following: •December 1, 2012, CEAP Toy Collection Breakfast •December 2, 2012, Holly Sunday Events •December 3, 2012, Public Hearing for 2013 Budget •December 5, 2012, Asian Pacific Islander Economic Summit •December 6, 2012, Brooklyn Center Business Association Holiday Party Councilmember Ryan wished all a Merry Christmas and Happy New Year. Councilmember Kleven reported on her attendance at the following: •November 27, 2012, Multi Cultural Advisory Committee Meeting •December 2, 2012, Holly Sunday Events •December 3, 2012, Public Hearing for 2013 Budget •December 4, 2012, Rotary Luncheon •December 5, 2012, Asian Pacific Islander Economic Summit •December 6, 2012, Brooklyn Center Culinary Art Student Celebration Councilmember Kleven reminded residents to never pass a snowplow and to keep the fire hydrants clear of snow. She announced the location of a new Popeye's Restaurant, presented the Brooklyn Center housing market report, and wished all a Merry Christmas and Happy New Year. Councilmember Myszkowski reported on her attendance at the following: •November 27, 2012, Multi Cultural Advisory Committee Meeting •December 1, 2012, CEAP Toy Collection Breakfast •December 2, 2012, Holly Sunday Events •December 3, 2012, Public Hearing for 2013 Budget •December 5, 2012, Asian and Pacific Islanders Economic Summit Councilmember Myszkowski wished all a Happy Holiday and to enjoy the winter safely. Mayor Willson wished all a Happy Holiday, encouraged residents to drive safely, and enjoy a Happy New Year. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:44 p.m. Motion passed unanimously. -14- DRAFT12/10/12 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 DECEMBER 10, 2012 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:52 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. THIRD GENERATION WATERSHED MANAGEMENT PLAN UPDATE City Manager Curt Boganey introduced the item and reviewed the Council's past consideration of the Third Generation Watershed Management Plan Update. Public Works Director/City Engineer Steve Lillehaug explained the purpose of this item is to continue review of the Plan Update and provide the City's official comments. He presented key Plan changes to the volume standards, new infiltration requirements, and permit thresholds. Councilmember/Commissioner Lasman asked if other cities are imposing the same regulations so development costs will be increased across-the-board, not just in Brooklyn Center. Mr. Lillehaug confirmed that was the case and would not result in an inequity for Brooklyn Center. He described the recent Luther project that cost $25,000/acre to address storm water. Councilmember/Commissioner Lasman asked if that was also required for the Regal Theater site with an underground retention facility. Mr. Lillehaug stated that facility was built by the City to accommodate redevelopment. Mr. Lillehaug continued presentation of the cost and impact to implement the new rules. Mr. Boganey stated all communities will have the same standard requirements but there will be differences from community to community and location to location. He explained some communities will be more creative in implementing Plan requirements and some sites will be more compacted or larger, all of which will affect the cost. 12/10/12 -1- DRAFT Mr. Lillehaug presented other considerations and the multifaceted approach needed to address water bodies. He asked the City Council if it supported following the Third Generation Plan elements including Plan Priorities and Goals; Rules and Standards and Project Review Revisions; 2013-2022 Monitoring Program and Education/Outreach Program; and, the Implementation Plan and Capital Improvement Program. He noted that when the City updates its Water Management Plan, it will also include capital improvements. At that time, he will ask the Watershed Organization to update its CIP to include those projects. The City Council/EDA discussed the Plan Update and indicated support, as it would improve the environment for all. In addition, support was expressed for the educational/outreach component and it was suggested that educational funding be focused towards children. Mr. Lillehaug answered the City Council's/EDA's questions regarding monitoring by volunteers that focused on known impairments. He stated he is confident that monitoring is headed in the right direction. The City Council/EDA indicated it is glad that Brooklyn Center is not at a disadvantage with other communities by implementing the Plan Update. However, concern was raised related to the City's implementation expense. Staff was asked to consider how those costs will be covered. The unanimous consensus of the City Council/EDA was to support the Third Generation Plan. Mr. Boganey stated staff will submit a letter of the City's position and copy the City Council/HRA. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:24 p.m. Motion passed unanimously. 12/10/12 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: January 8, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk kirig SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its January 14, 2013. 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. BOWLING ALLEY AMF Bowling Centers Inc. 6440 James Cir N FIREWORKS — PERMANENT Big Lots Cub Foods GASOLINE SERVICE STATION Christy's Auto Service Holiday Stationstores, Inc. Metropolitan Council Perfect Car Wash #504 Royalty & Sons, Inc. SuperAmerica #4058 SuperAmerica #3192 SuperAmerica #4160 Two Rivers Investment, Inc. MECHANICAL Ali- Comfort Heating and A/C Anderson Heating & A/C C 0 Carlson A/C Co. Cool Breeze Mechanical Liberty Plumbing Co. Majestic Heating and Air Ray Welter Heating Co. Toll Company United Heating & A/C 5930 Earle Brown Dr 3245 County Road 10 5300 Dupont Ave N 420 66 th Avenue N 6845 Shingle Creek Pkwy 6849 Brooklyn Blvd 6044 Brooklyn Blvd 1901 57 th Ave N 6950 Brooklyn Blvd 6545 West River Rd 6840 Humboldt Ave N 19170 Jasper Street NW, Anoka 1628 County Road 10, Spring Lake Park 3449 2 nd Street N, Minneapolis 1568 Nebraska Avenue, St. Paul 925 227 th Avenue NW, Oak Grove 2030 Basswood Court, Rockford 4637 Chicago Avenue, Minneapolis 3005 Niagara Lane N, Plymouth 1295 Hackamore.Road, Medina Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life fbr all people and preserves the public trust COUNCIL ITEM MEMORANDUM PUBLIC DANCE AMF Bowling Centers Inc. RENTAL See attached report. SECONDHAND GOODS DEALER Game Stop #535 TOBACCO RELATED PRODUCT B & K Tobacco Sales LLC CVS Pharmacy #1683 Cub Foods Holiday Stationstores, Inc. Perfect Car Wash #504 Royalty & Sons, Inc. SuperAmerica #4058 SuperAmerica #3192 SuperAmerica #4160 Walgreen' s 6440 James Cir N 6068 Shingle Creek Pkwy 6840 Humboldt Ave N 5801 Brooklyn Blvd 3245 County Road 10 420 66 th Avenue N 6890 Shingle Creek Pkwy 6849 Brooklyn Blvd 6044 Brooklyn Blvd 1901 57 th Ave N 6950 Brooklyn Blvd 6545 West River Rd 6390 Brooklyn Blvd • _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but 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 Months1-2 units 3+ units Greater than 8 •Greater than 3 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 5 or more units Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3 s Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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E LU. citN LI) N0 -4 Zci E C N0COto 000 -10N Z I N0COto EE m0m Zi I N0COto -j 'N0II) z a. 0CO00to City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 92h10./( )"4YUAtA-A,_ DATE: January 7, 2013 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested the City Council to designate Brooklyn Center Sun-Post to be the official newspaper for 2013. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2013 is $12.99 per column inch (11 lines per column inch — $1.18 per line). The circulation of the Sun-Post is 6,990 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip code 55430 at 7,847 households and 55429 at 9,741 households. The rate structure for 2013 is $5.65 per line. Attachments: Resolution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 331A Budget Issues: The 2013 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2013. January 14, 2013 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. MEDIA December 2012 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun-Post would like to be considered for designation as the legal newspaper for the City of Brooklyn Center for the upcoming year. A benefit to publishing your legal notices in the Sun-Post is the free home delivery we provide. Weekly home delivery of the Sun-Post results in the most convenient and timely method of distributing legal notices to area residents. Because Sun Newspapers provides the best source for community news, your legal notices have the greatest chance of being seen and read if published in the Sun-Post newspaper. All published legal notices are posted on our website, post.mnsun.com , at no additional charge. This enhancement to the local news coverage already available on our website will broaden the readership of your legal notices. The rate structure for legal notices effective the first of the year is as follows: First insertion: $12.99 per column inch Subsequent insertions: $6.99 per column inch Lines per inch: 11 A notarized Affidavit of Publication will be provided for each published legal notice. The Sun-Post is published every Thursday. The submission deadline is 2:00 p.m. on Thursday for publication the following Thursday. The email address to submit legal notices to is sunlegals@ecm-inc.com . If you require more information to help you make your decision, please contact Lisa Smith in our Legal Notice Department at 952-392-6829. Thank you for considering the Sun-Post for legal newspaper designation for the City of Brooklyn Center. We appreciate the opportunity to serve the needs of your community Sincerely, Jeff Coolman General Manager 10917 Valley View Road, Eden Prairie, MN 55344 • 952-392-6829 • post.mnsun.com (CM -__ MEDIA December 2012 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The total circulation of the Brooklyn Center Sun-Post within the City of Brooklyn Center is 6,990 newspapers. The certified Audit Report for this newspaper is enclosed for your review. Please contact Lisa Smith in our Legal Notice Department at 952-392-6829 with any questions you may have. Thank you for your consideration. Sincerely, Jeff Coolman General Manager 10911 Valley View Road, Eden Prairie, MN 55344 • 952-392-6829 • post.mnsun.com AUDIT REPORT For the 12-month period ending Sept. 27, 2012 BROOKLYN CENTERSU•POST Sun Newspapers Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy is to publish weekly community newspapers. Advertising is sold separately or in any combination with ECM-Sun Group, LLC, aka Sun Newspapers. Circulation policy is to home deliver single copies to a defined portion of households within Hennepin, Dakota, Anoka, Carver, and Ramsey counties. Bulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 1)Mail subscriptions 72)Net retail sales (store, newsstand, rack, and counter) 2 3) Voluntary/optional paid circulation 103 Total paid circulation 112 B. Unpaid Circulation 1)Carrier single copies 6834 2)Unpaid Residential bulk o 3) Unpaid Non-Residential bulk 44 Total unpaid circulation 6878 Total paid and unpaid circulation (sum of A & B) 6990 PUBLISHER'S BREAKDOWN OF TOTAL CIRCULATION FOR THE SINGLE ISSUE OF: BROOKLYN CENTERSUMPOST THURSDAY, Sept. 27, 2012 A.Paid mailed circulation 7 B.Net retail sales (store, newsstand, rack, and counter) 2 C. Voluntary/optional paid circulation 104 D. Unpaid carrier 6833 E.Bulk 0 F.Total distribution (sum of A, B, C, D & E) 6946 Audit statement... We have examined the records of the publication(s) for the period stated. Our examina- tion was made in accordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accordingly, included such tests of the accounting and circulation records and such auditing procedures as we considered necessary in the circumstances. In our opinion, this report presents fairly the circulation of the publications(s) of the period indicated. Certified Audit of Circulation 155 Willowbrook Blvd., Wayne, N.J. 07470 Telephone: 973-785-3000 cac@certifiedaudit.com PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name of personnel: Name and address of publication: Sun Post 10917 Valley View Rd. Eden Prairie, MN 55344 General Manager: Jeff Coolman Director of News: Keith Anderson . Number of issues printed each year: 52 Name and address of publishing company if different: ECM-Sun Group, LLC 10917 Valley View Rd Eden Prairie, MN 55344 Name of shareholders, bondholders and/or mortgages: ECM Publishers, Inc. 4095 Coon Rapids Blvd NW Coon Rapids, MN 55443 Sharon Knutson From: Buckman, Eric <Eric.Buckman@startribune.com > Sent: Monday, December 17, 2012 11:45 AM To: Sharon Knutson Subject: Legal notice info Good morning. Here's the best info I could find for you regarding Brooklyn Center. We go by zip code, so for 2012 we have 55429 (Brooklyn Park/Center having 9741 households. 55430 (Brooklyn Center) having 7847 households getting the paper. The info comes from this PDF: http://www.startribunecompanv.com/mediakit/resources/StarTribuneDistmapSundayPreprint.pdf Our main media kit can be found here: http://www.startribuneconipany.com/adrates Click on "resources" to demographic info. Just to review our legal notice line rate is $5.65 per line. It's about 11.5 lines per inch for the legal notice section. Feel free to contact me with questions or to get any future quotes for legal notices. You can send directly to me or to: placeadsPstartribune.com attention: Eric. Thanks, Eric Buckman 612-673-4268 ebuckmanPstartribune.com 1 1 MINNESOTA STATUTES 2012 331A.01 CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS.331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER.331A.09 PUBLICATION ON SUNDAY OR HOLIDAY 331A.03 WHERE NOTICE PUBLISHED.331A.10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL NEWSPAPER. PUBLICATIONS.331A.11 APPLICATION. 331A.05 FORM OF PUBLIC NOTICES.331A.12 WEB SITE ADVERTISEMENT FOR BIDS. 331A.06 RATES FOR PUBLICATION. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2012 331A.02 newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444• 2004 c 182 s 3-7 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2012 331A.02 (I) file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j)after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MThNESOTA STATUTES 2012 331A.04 must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174s I; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38s 1; 2004 c 182 s 8-11; 2009 c 152 s 5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s I; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Copyright CI 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2012 331A.05 Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MThINESOTA STATUTES 2012 331A.06 Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 568 I; 2004 c 182 s 15-19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the Copyright 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2012 331A.09 maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 1748 2; 1994 c 465 art 2s 18; 2004 c 182 820,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the 'public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7• 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s24 Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2012 331A.12 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE ADVERTISEMENT FOR BIDS. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2012 331A.12 Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 1Sp2003 c 19 art 2 s 56 Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: 8 January 2013 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2013 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 118A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 118A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 118A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Changes in the resolution from 2012 to 2013 are: • Designation of Signapay of MN, LLC to replace Wells Fargo Merchant Services as the credit card transaction processing clearinghouse for credit card transactions. Signapay does so at a lower cost. Budget Issues: There is no direct financial impact on the City. Council Goals: Ongoing: 2. We will ensure the financial stability of the City. Mission: Ensuring an attractive, clean, safe, inclusive comniunity 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 DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooldyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank Wells Fargo Bank, N.A. TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Capital Markets LLC Sterne, Agee & Leach, Inc Northland Securities UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. 3.That Signapay of MN, LLC is hereby designated as the clearinghouse for credit card transactions for City Hall, BC Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4.That Active Network is hereby designated as the clearinghouse depository for credit card transactions for the Community Activities, Recreation & Services Department. 5.Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 6.That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 14, 2013 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 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 2013 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. -141Adb, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU WHEREAS, the City of Brooldyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Five Cities Senior Transportation Project on June 18, 1985, and Section 2.2 of the joint powers agreement states that the governing body of a member appoints its City Manager as a member of the Executive Committee and one additional representative; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Alternate Member The Brooklyn Bridge Alliance for Youth, Police The Brooklyn Bridge Alliance for Youth, Parks and Recreation Five Cities Senior Transportation Project, Executive Committee Five Cities Senior Transportation Project, Additional Representative Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director North Metro Mayors Association, Director — City Manager North Metro Mayors Association, Director Northwest Hennepin Human Services Council, Director Northwest Hennepin Human Services Council, Alternate Director Northwest Suburbs Cable Communications Commission, Council Northwest Suburbs Cable Communications Commission, Resident Pets Under Police Security, Director Pets Under Police Security, Alternate Director Project PEACE, Director Project PEACE, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Minneapolis Northwest Convention & Visitors Bureau Tim Willson Curt Boganey Dan Ryan Kevin Benner Jim Glasoe Curt Boganey Kelly Mertes Curt Boganey Jim Glasoe Curt Boganey Patty Hartwig Curt Boganey Tim Willson Curt Boganey Vickie Schleuning Tim Willson Rex Newman Kevin Benner Tony Gruenig Kevin Benner Curt Boganey Kevin Benner Tony Gruenig Tim Willson RESOLUTION NO. January 14, 2013 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. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: JanuaryJanuary 7, 2013 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three officials drawn from the Municipality. The three Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2013: Elected Municipal Official Elected or Appointed Municipal Official Fire Chief Tim Willson Dan Jordet Lee Gatlin January 14, 2013 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. 6g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk liriAM.141/41*-1‘1(.. DATE: January 7, 2013 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February March March 25 April 14 May May May 17 (Syttende Mai) June 6 September 15-October 15 October October 6 November African American History Month Irish-American Heritage Month Greek Independence Day Pan American Day Asian/Pacific American Heritage Month Jewish American Heritage Month Norwegian Constitution Day Swedish National Day Hispanic Heritage Month Italian American Heritage Month German-American Day American Indian Heritage Month RESOLUTION NO. January 14, 2013 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. 6h COUNCIL ITEM MEMORANDUM DATE: 8 January 2013 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council adopt the attached resolution granting the City Manager and Director of Finance the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers of the corporation, in this case a municipal corporation, to transact financial business involving stocks, bonds, treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager and the Director of Finance, who serves as the City Treasurer, as the officers authorized to transact such business. Financial Impact: There is no financial impact. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instrument in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager and Daniel Jordet, Director of Finance, are hereby authorized to sell, assign and endorse for transfer certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 14, 2013 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 COUNCIL ITEM MEMORANDUM DATE: January 8, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5i SUBJECT: Resolution Approving a Master Partnership Contract between the Minnesota Department of Transportation and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the resolution approving a Master Partnership Contract between the Minnesota Department of Transportation and the City of Brooklyn Center. Background: The City is currently completing the Freeway Boulevard/Shingle Creek Parkway traffic signal improvements that were needed to address existing and future issues with the signal system that were identified in a traffic study performed as part of the recent FBI development and future potential area development. In connection to that project, the City is currently working with the Minnesota Department of Transportation to coordinate the three consecutive traffic signals on Shingle Creek Parkway at Freeway Boulevard, the north 1-94 ramp and the south 1-94 ramp. The coordination of these signal systems will provide better intersection level of service, decrease overall intersection delay and provide better progression for thru traffic. Currently, the Freeway Boulevard signal system is under the City's operation and control, and MnDOT operates and controls the ramps' signal systems. To control and operate a coordinated signal system, it is necessary to have a single operator control the three coordinated signal systems, which in this instance would be MnDOT. To facilitate this partnership with MnDOT that will allow them to provide this coordination for the City's signal system at Freeway Boulevard, a Master Partnership Contract (see attached) is needed. MnDOT will use the Master Partnership Contract as the basis to establish specific work orders for MnDOT crews to perform this work and other work as needed throughout the City relative to these shared/overlapping trunk highway corridors and systems. This contract and any subsequent work order with MnDOT that would be established under the contract would supplement and be in lieu of the City's assistance that is already obtained from private contractors and Hennepin County Transportation Department staff for their technical assistance when needed. Also, while MnDOT would be performing the actual technical coordinating and timing of the signal systems, City staff will work closely with MnDOT to ensure local City timing desires are addressed as needed and balanced with the regional timing desires pertaining to the 1-94 ramps. Mission: Ensuring an attractive, clean, soli?, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: The immediate work necessary to initially establish and coordinate the traffic signal systems will be included and funded as part of the current traffic signal improvement project. The amount of this initial work is estimated to be approximately $3000. All future and subsequent ongoing assistance for traffic signal maintenance is currently budgeted within the Traffic Control and Municipal State Aid Funds. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources — „ — -- ----------- — . _ _ _ _ • . Mission: Ensuring an attractive, clean, sajC, inclusive community that enhances the quality of life .far all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, MnDOT and the City of Brooklyn Center wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City of Brooklyn Center enter into a Master Partnership Contract with the Minnesota Department of Transportation. 2.The Brooklyn Center City Manager is authorized to execute such contract, and any amendments thereto. 3. The appropriate City official is authorized to negotiate work order contracts pursuant to the Master Partnership Contract, which work order contracts may provide for payment to or from MnDOT, and that the appropriate City official may execute such work order contracts on behalf of the City of Brooklyn Center. January 14, 2013 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. MnDOT Agreement # 002579 STATE OF MINNESOTA AND CITY OF BROOKLYN CENTER MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the "State" and the City of Brooklyn Center, acting through its City Council, hereinafter referred to as the "Local Government". Recitals 1.The parties are authorized to enter into this agreement pursuant to Minnesota Statutes §§15.061, 471.59 and 174.02. 2.Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3.Each party to this Contract is a "road authority" as defined by Minnesota Statutes §160.02 (subd. 25). 4.Minnesota Statutes Section 161.39, subdivision 1, authorizes a road authority to perfoun work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5.Minnesota Statues §174.02 (subd. 6) authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6.Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a "Work Order" contracts. 7.Subsequent to the execution of this Master Pal tnership Contract, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8.The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. Page 1 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity and Endorsement; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2.Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2.1.1 .Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State's then-current rate for performing the Technical Services The then-current rate may include the State's normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3.Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minnesota Statutes §16C.08 (subd. 1) professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task". Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, CRS-2 road oil, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perfomi such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific Page 3 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work perfouned prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The party requesting the work will be referred to as the "Requesting Party" and the party performing the work will be referred to as the "Providing Party". Each work order will set forth particular requirements for that project/engagement. 4.1. Terms Applicable to ALL Work Orders. The terms in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or pernated under this Master Contract or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minnesota Statutes Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State's option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. Page 4 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 4.2.2. The Providing Party must perform maintenance in accordance with IVInDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perfonu work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts 4.3.7. If the providing party is a Local Government, the Local Government will, without cost or expense to the State, obtain all rights of way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the Local Government will furnish the State with certified copies of the documents for rights of way and easements, construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: Page 5 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, NPDES and other enviromnental permits. 4.3.12.4 All improvements constructed on the State's right-of-way will become the property of the State. 5.Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6.Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary labor additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. Page 6 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $250,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will make payment to the order of the Commissioner of • Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM 1VINDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 002579 and Invoice Number ###### (See note in 7.4.2.2. above.) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 Payment by the State. 7.4.2.4. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.2.5. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 5(b), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment Page 7 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or perfornied in violation of federal or state law. 9.Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10.State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. 11.Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12.Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minnesota Statutes chapter 466 and other applicable law. The State's liability is governed by Minnesota Statutes section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the teim "Contractor" is defined in Minnesota Statutes §115B.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minnesota Statutes §471.59 subdivision la will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Page 8 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Properly Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. Page 9 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minnesota Statutes §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn Stat. § 363A.36 and Minn R Parts 5000.3400-5000.3600. A Contractor covered by Minn Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, Page 10 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn Stat. § 363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16.Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minnesota Statutes §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minnesota Statutes §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17.Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. Page 11 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18.Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19.Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20.Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21.Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at atiy time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Page 12 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22.Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23.Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the ternis of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank — signature page follows] Page 13 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) MnDOT Agreement # 002579 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By: (with delegated authority) Title: Title Division Director Date: Date: COMMISSIONER OF ADMINISTRATION By: As delegated to Materials Management Division Title By: Date: Date: Page 14 of 14 CM Master Partnership Contract (CM Rev. 11/02/2012) City Council Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist THROUGH Gary Eitel, Director of Business and Development AC-- SUBJECT: Performance Guarantee Reduction — CEAP/Northwest Family Service Center 7051 Brooklyn Boulevard - Planning Application No. 2010-006 Recommendation: It is recommended that the City Council authorize the reduction of the Performance Guarantee posted by Welsh Sumner Way, LLC on behalf of ISD No. 279, and Community Emergency Assistance Program (CEAP) for certain site improvements, located at 7051 Brooklyn Boulevard. Background: On April 26, 2010, the City Council approved Planning Application No. 2010-006, for site and building plan approval for a 63,362 sq. ft. building addition and parking structure located at 7051 Brooklyn Boulevard. On September 6, 2011, Mike Schraad, Vice President/Project Manager with Welsh Construction entered into a Performance Agreement with the City of Brooklyn Center and filed with the City a $250,000.00 Letter of Credit as a guarantee for completing various site improvements, and a $5,000 cash escrow to be held for emergency work-site [corrective] action. The letter of credit was held by the Business and Development Department; while the cash bond was deposited by the Finance Department. To the best of our knowledge, all required conditions and work related to the project approvals have been completed and there were no emergency/corrective actions taken during the course of this project. Upon final inspections and acceptance of these improvements, the City typically retains a nominal portion of any security to ensure one full growing season of the landscaping (trees, sod, etc.) and any new hard-surfaced areas are intact upon the freeze/thaw cycles. Staff is requesting the City release the entire $250,000 letter of credit obligation at this time; and requests approval to maintain the existing $5,000 original deposit as added security during this one growing season period. This deposit is anticipated to be refunded in early/late Fall 2013. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust A KeyCorp Bank KEYBANK NATIONAL ASSOCIATION STANDBY LETTER OF CREDIT SERVICES MAIL CODE: OH-01-51-0531 4910 TIEDEMAN ROAD CLEVELAND, OHIO 44144-2338 TEL NOS: 216-813-3696, 3698, 3702, 3714 or 3715 FAX NO: 216-813-3719 KeyBank Irrevocable Standby Letter of Credit No. S321828 Beneficiary: The City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Project: Northwest Family Service Center Addition 7051 Brooklyn Blvd. Brooklyn Center, MN Date: September 6, 2011 Applicant: Welsh Sumner Way, LLC 4350 Baker Road Minnetonka, MN 55343 Amount: USD 250,000.00 Expiry: September 6, 2012 KeyBank National Association is chartered to conduct bank business within the State of Minnesota, and is empowered to issue Standby Letters of Credit, Therefore, we hereby establish our Irrevocable Standby Letter of Credit No S321828 in your favor for account of Applicant listed above for a sum or sums not exceeding a total of Two Hundred Fifty Thousand and 00/100 United States Dollars ($250,000.00) available by your draft(s) at sight drawn on KeyBank National Association, Cleveland, Ohio accompanied by the following document(s): Beneficiary's statement signed and dated by the Director of Business and Community Development for The City of Brooklyn Center stating the following: (insert name) the Director of Business and Community Development, hereby certify that Welsh Sumner Way, LLC has failed to complete and/ or fulfill all of the undertakings, covenants and conditions in accordance with the Northwest Family Service Addition project in accordance with the terms of the project agreement by and between The City of Brooklyn Center and Welsh Sumner Way, LLC. Therefore, we demand payment under KeyBank National Association's Standby Letter of Credit S321828 in the amount of (insert amount) which may include legal, engineering, planning and other administrative costs, if any incurred by The City of Brooklyn Center." All drafts drawn under this Letter of Credit must contain the clause: "Drawn under KeyBank National Association Irrevocable Standby Letter of Credit No. S321828 dated September 6, 2011." This original Letter of Credit and all amendments if any must be presented with any demand for payment. ***CONTINUED ON NEXT PAGE*** PAGE NUMBER: 2 KeyBank OUR REFERENCE NUMBER: S321828 KeyBank National Association Authorized Sig re Partial drawings are permitted. The amount available for drawing under this Letter of Credit will be reduced by the amount of any paid partial drawings. Any funds received by The City of Brooklyn Center pursuant to this Letter of Credit will be used only for the improvements described in the project agreement, but including legal, engineering, planning and other administrative costs, if any, incurred by the City in exercising its rights under this Letter of Credit. Any excess funds remaining on deposit with the City after completing the improvements, after subtracting the legal, engineering, planning and other administrative costs, if any, will be returned to the Bank. This Letter of Credit is subject to the International Standby Practices 1998, ICC Publication No. 590. We hereby engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored on due presentation and delivery of documents as specified to KeyBank National Association, Standby Letter of Credit Services, Mail Code: OH-01-51-0531, 4910 Tiedeman Rd., Cleveland, Ohio 44144-2338 at our close of business 4:30 p.m. Eastern Standard Time on or before September 6, 2012. In the event the Letter of Credit is no longer required, the original Letter of Credit and all amendments, if any must be submitted to KeyBank National Association, at the above address, with a signed letter on the Beneficiary's letterhead addressed to KeyBank National Association agreeing to its cancellation. Authorized Sig ture Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 FILE NO. 2010-006 This Agreement is entered into by Welsh Summer Way, LLC on behalf of ISD No. 279, and Community Emergency Assistance Program (CEAP) hereinafter called the Developer and the City of Brooklyn Center, a Municipal CorpOration, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City, on July 25, 2011, subject to the execution of a subdivision agreement and this Performance Agreement, and on the condition that all work be completed in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perforna the work as set forth in the Development Plans, in accordance with conditions of the aforesaid Approval, and as hereinafter set forth, upon the real estate to be described as follows: 7051 Brooklyn Blvd. The Work will consist of the improvements described in the Development Plans, (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, Codes and Ordinances of the City including, but not limited to, conditions of approval listed in Resolution No. 2011-106, adopted by the Brooklyn Center City Council on July 25, 2011, attached hereto as Attachment One, and requirements of the City Engineer, attached hereto as Attachment Two. . The cost of the improvements is estimated to be $250,000. Improvements include, but are not limited to work listed in Attachment Three. COMPLETION DATE The Developer agrees that the Work will be completed in its entirety on or before July 31, 2012 and no extension of time will be valid unless the same is approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE The Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the Director of Business and Development of the City. FINANCIAL GUARANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of $250,000. Such Financial Guarantee will continue in full force and effect until the City Council will have by motion approved and accepted all of the Work undertaken to be done, and will thereby have released the Surety and/or Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the -.vork, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, codes, and Ordinances of the City, and will further be subject to the following provisions which will be deemed to be incbrporated in such Financial Guarantee and made a part thereof. A letter of credit given as a financial guarantee may be drawn upon for the full amount of the letter immediately upon notice by the issuing bank that the letter of credit will not be renewed or within 60 days prior to termination of the letter of credit.. NOTICE The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will he cured, said time not to exceed sixty (60) days unless approved by the City. 6 day of ,S iolimAa, _2.:4e,/tfreepab County • fl, aaa a a JEAN L SPRINGER NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2015 • REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1)Completion by the City. The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the DeVeloper, nor pursued its rights against the Developer. 2)Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed 'withina specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3)Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance will be returned to the Surety. This money will be . deposited with the City within ten (10) days, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4)Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this St! c (id(-4 day of 20 t ti(As* 1-7‹. C-C■r4L•-, Print Name W .CLL- CO?^-.C6L-7 444"/ LUC-- Developer My Commission Expires Attachment One - Conditions of Approval Resolution No. 2011-016 Attachment Two - City Engineer Requirements - Subdivision Agreement Attachment Three - List of Improvements and Estimated Costs Unit CostQuantityType of Improvement $40,000 :Site Clearing and Removals $20,000 Irrigation and Landscaping $67,000 Sewer and Water Appurtenances $30,000 Curb, Gutter and Parking Lot $80,000 Compliance with Watershed Requirements $1nc with SWPPP Storm water drainage system $13,000 Grading & SWPPP City of City of Brooklyn CenterBROOKLYN 6301 Shingle Creek ParkwayCENTER Brooklyn Center, MN 55430 763-569-3300 COST ESTIMATE FOR PERFORMANCE AGREEMENT For the purpose of establishing a bond amount to guarantee site improvements approved under Planning Commission No. 2010-006, please complete the following checklist of improvements as they pertain to the project in question. Unless otherwise requested, the improvements listed are those to be made on the site not on public right-of-way. Total $250,000 The cost estimate provided is subject to verification by the City Manager prior to determination of a bond. Bond amounts as a percentage of a verified cost estimate will vary depending on the size and nature of City of Brooklyn Center - Business and Development - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 763-569-3300 Cost Estimate for Performance Agreement 12-09 Page 1 City Council Agenda Item No. 6k COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Speciali t THROUGH Gary Eitel, Director of Business and Development )2- SUBJECT: Performance Guarantee Reduction - Twin Lakes IV 4001 Lakebreeze Ave N. - Planning Application No. 2012-002 Recommendation: It is recommended that the City Council authorize the reduction of the Performance Guarantee posted by Paul Hyde on behalf of Twin Lakes IV, for site improvements, located at 4001 Lakebreeze Ave N. Background: On May 14, 2012, the City Council approved Planning Application No. 2012-002, for site and building plan approval for a new 90,000 sq. ft. office/warehouse facility, in conjunction with the new France Avenue Business Center 4- PUD, located at 4001 Lakebreeze Avenue North. On August 1, 2012, Paul Hyde, on behalf of Twin Lakes IV, entered into a Performance Agreement with the City of Brooklyn Center and filed with the City a $190,000 Letter of Credit (LOC) to be held as a guarantee for completing these site improvements. On January 3, 2013, city staff received an email request from Mr. Hyde requesting his letter of credit be reduced. An inspection of the project site on January 4, 2013 revealed a majority of the site work has been completed, except for the screening fence, possibly additional landscaping, and finishing work to the new trail areas. Based on the cost estimate, Staff is recommending the City retain the full estimated amount of $23,000.00 for fencing; $4,000 for remaining landscaping; and $3,000 for the remaining trail improvements, or $30,000 total. This new amount can either be submitted in the form of a new LOC, cash bond or similar security. In order to insure that all landscape meets a successful one-year growth cycle and that all paved sections and sidewalks remain viable (i.e. no cracking, heaving, subsiding, etc.), Staff recommends this $30,000 security be retained for up to a minimum one-year period, pending the final acceptance of all fencing, landscape and hard-surface improvements. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I' City of BROOKLYN CENTER Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FILE NO. 2012-002 This Agreement is entered into by Twin Lakes IV. Inc. a Minnesota Corporation, hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), on May 14 2012 subject to the execution of this Performance Agreement, and on the condition that all work be completed in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in accordance with conditions of the aforesaid approval, and as hereinafter set forth, upon the real estate described as follows: Lot 1. Block 1, France Avenue Business Park Addition. Hennepin County, Minnesota The Work will consist of the improvements described in the Development Plans (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, Codes and Ordinances of the City including, but not limited to, conditions of approval listed in Resolution No. 2012-68, adopted by the Brooklyn Center City Council on May 14. 2012 attached hereto as Attachment One, and requirements of the City Engineer, attached hereto as Attachment Two. The cost of the improvements is estimated to be 1190 000.00. Improvements include, but are not limited to work listed in Attachment Three. COMPLETION DATE The Developer agrees that the Work will be completed in its entirety on or before December 31, 2013 and no extension of time will be valid unless the same is approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date, and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE• This Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual completion of the Work to determine that the Work and the useful life of all Work performed hereunder meets the prevailing standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Written notice of the date of Actual Completion will be given to the Developer by the Director of Business and Development of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of 1190.000.00. Such Financial Guarantee will continue in full force and effect until the City Council approves and accepts all of the Work undertaken to be done, and releases the Surety and/or Developer from any further liability; provided however, that the City Council may reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and will further be subject to the following provisions, which will be deemed to be incorporated in such Financial Guarantee and made a part thereof. A letter of credit given as a financial guarantee may be drawn upon for the full amount of the letter immediately upon notice by the issuing bank that the letter of credit will not be renewed or within 60 days prior to termination of the letter of credit. NOTICE The City will be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed sixty (60) days unless approved by the City. REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the one-year Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. City of Brooklyn Center - Business and Development —6301 Shingle Creek Pkwy — Brooklyn Center MN 55430 763-569-3300 Performance Agreement Page 1 REBECCA S. CRASS Notary Public-Minnesota My Commission Expires Jan 31, 2015 Pa- 1)Completion by the City. The City, after notice, may proceed to have the Work, or any part of the Work deemed necessary or appropriate by the City Manager, done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2)Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed with an action for Specific Performance to require such work to be undertaken. 3)Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as herein specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days of demand, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4)Funds on Deposit In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of A57L2C-F 2°J2. TWIN LAKES IV. INC. Developer 14. Signature STATE OF Ai/ 4e.so 71- COUNTY OF flow-ep lss The foregoing instrument was executed this day of A f.S f . 2012 , by Paul M. Hyde, the Chief Executive Officer of Twin Lakes IV. Inc., a Minnesota Corporation, on behalf of the Attachment One - Conditions of Approved Resolution No. 2012-68 Attachment Two - City Engineer Requirements Attachment Three - List of Improvements and Estimated Costs City of Brooklyn Center - Business and Development -6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 763-569-3300 Performance Agreement Page 2 l KLYN ily of BROO CENTER City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763-569-3300 COST ESTIMATE FOR PERFORMANCE AGREEMENT For the purpose of establishing a bond amount to guarantee site improvements approved under Planning Commission No. 2012-002 please complete the following checklist of improvements as they pertain to the project in question. Unless otherwise requested, the improvements listed are those to be made on the site, not on public right-of-way. Type of Improvement Quantity Unit Cost Grading Site work done under cleanup permit with Braun who declared $600,000 on Site Improvement Permit Landscaping (Trees & Shrubs)LS $ 40,000.00 Sodding Included above Seeding Included above Underground Irrigation Included above Curb & Gutter (B612) Storm Sewer & Catch Basins LS $ 112,000.00 Sidewalks 3100 sf Approx. Handicapped Ramps Ind in Sidewalk Fencing 360LF Approx.$ 23,000.00 Rooftop Screening Trash Enclosure All interior Erosion Control Included in Grading Other (as specified): Trail LS $ 15,000.00 Total $ 190,000 The cost estimate provided is subject to verification by the City Manager prior to determination of a bond. Bond amounts as a percentage of a verified cost estimate will vary depending on the size and nature of the project. City of Brooklyn Center - Business and Development - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 763-569-3300 Cost Estimate for Performance Agreement 12-09 Page 1 AMERICAN -----NATIONAL BANK A'El ElElE1National • Bank American Dreams Come 71-ue. IRREVOCABLE LETTER OF CREDIT NO. 967 EXPIRATION DATE: December 31, 2012 AMOUNT: $190,000.00 Date: August 22, 2012 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To Whom It May Concern: We hereby establish our IRREVOCABLE LETTER OF CREDIT ("Letter of Credit"), numbered as indicated above, and effective immediately, in favor of the City of Brooklyn Center (the "City") at the request and for the account of Twin Lakes IV, Inc. (the "Developer"), in the amount of One Hundred Ninety Thousand and No/100ths Dollars ($190,000.00), not to exceed such amount as decreased as provided below, available to you by your sight draft or drafts drawn upon us in connection with the completion of the installation of Developer Improvements and Public Improvements for France Avenue Business Park Addition (collectively, the "Improvements") as defined in Sections 5 and 6 of the Subdivision Agreement dated 7S- \.kk -t -2, , 2012 between the City and the Developer (the "Subdivision Agreement"). Each draft under the Letter of Credit must be accompanied by the documents listed in items 1-4 below and comply with the terms listed in items 5-7 below, all of which collectively constitute a "Documentary Demand for Payment": 1.The original of this Letter of Credit; 2.The Subdivision Agreement signed by the Developer and the City, together with the Minutes of the City Council meeting approving the project; 3.The Inspection Report signed by the Zoning Official or the Director of Public Works of the City, detailing the deficiencies in the Developer's performance of its obligations under the Subdivision Agreement, describing the Improvements not completed, the respect in which the Improvements have not been completed and the amount required to cure such failure; 4.The Minutes of the City Council meeting approving the Inspection Report, declaring a default under the Subdivision Agreement due to Developer's failure to complete the Improvements in accordance with the terms of the Subdivision Agreement, and ordering completion of the Improvements with City forces or City contractors and further providing for the collection of the costs thereof from American National Bank (the "Bank"); Irrevocable Letter of Credit (Twin LiadeisSIMEE131 -di3k1,W01008-11.64E1-1 MANAGEMENT 0 PRIVATE BANKING P.O. Box 2139 0 OMAHA, NE 68103-2139 e 402-399-5000 0 WEBSITE: anbank.com o peoplesnb.com 0 MEMBER FDIC City of Brooklyn Center , 2012 Page 2 5.Be in an amount required to cure the default by the Developer to complete the Improvements, which shall not exceed $190,000.00; 6.Bear on its face, the clause: DRAWN UNDER LETTER OF CREDIT NO. , DATED AUGUST, 2012; and 7. Be presented on or before the expiry date hereof for payment during regular business hours at our offices located at 8990 West Dodge Road, Omaha, NE 68114, no later than 12:00 noon of any day other than a Saturday, Sunday or other day on which commercial banks in Omaha, NE are authorized or required to be closed ("Banking Day") for payment to the City on the same date. Drafts presented after 12:00 noon, or on any day other than a Banking Day, shall result in payment to the City on the next Banking Day. This Letter of Credit will remain irrevocable until canceled by one of the following methods: a.By appropriate written cancellation executed by the Mayor or the Director of Community Development of the City of Brooklyn Center. b.At any time after December 31, 2012 (the completion date of the Improvements), the Bank may notify the City, in the person of the Director of Community Development by United States registered or certified mail, postage prepaid, return receipt requested, its written intention to cancel this Letter of Credit. Cancellation will be effective on the 31st day after notice of cancellation is received. Any Documentary Demand for Payment delivered to the Bank within the said thirty (30) day period will be honored under this Letter of Credit, regardless of any extensions of time previously granted by the City to the Developer beyond the above named date. Upon delivery by United States registered or certified mail, postage prepaid, return receipt requested of a Documentary Demand for Payment at the office of the Bank above described, the Bank will, on or before the fourth (4th) business day after such delivery, pay to the City by United States registered or certified mail, postage prepaid, return receipt requested, the amount demanded in the Documentary Demand for Payment, not to exceed the amount of this Letter of Credit above stated. Any funds received by the City pursuant to this Letter of Credit will be used only for the Improvements, but including reasonable legal, engineering, planning and other administrative costs, if any, incurred by the City in exercising its rights under this Letter of Credit. Any excess funds remaining on deposit with the City after completing the Improvements, after subtracting the legal, engineering, planning and other administrative costs, if any, will be returned to the Bank. The City will be the sole judge of performance by the Developer of its work under the Subdivision Agreement. The amount of this Letter of Credit shall be automatically reduced dollar-for-dollar by the cost of Improvements completed as each portion of the Improvements are completed and the City approves in writing such completion. Each drawing hereunder shall reduce by the amount of such drawing the amount available under this Letter of Credit. We hereby agree that drafts under and presented in conformity with the terms of this Letter of Credit will be duly honored upon presentation. Irrevocable Letter of Credit (Twin Lakes IV— Brooklyn Ctr) 08-16-12 City of Brooklyn Center _A , 2012kA Page 3 This Letter of Credit is subject to Unifoini Customs and Practice for Documentary Credits (2007 Revision) fixed by the International Chamber of Commerce (Publication #600) when not in conflict with the provisions of Sections 336.5-101 - 336.5-118 of the Uniform Commercial Code of the State of Minnesota, as any of the foregoing are amended from time to time. This Letter of Credit shall be deemed to be a contract made under the Laws of the State of Minnesota, as to matters not governed by Uniform Commercial Code-Letters of Credit as in effect in the State of Minnesota. This Letter of Credit is not transferable or assignable and is not issued for the benefit of any third party claimant. All of the terms and conditions of this Letter of Credit are contained herein and shall not be altered except by reduction in the amount due to corresponding payments in like amount in compliance with the Subdivision Agreement and the aforementioned terms. We shall not be called upon to resolve issues of fact or law between the Developer and the City. By accepting this Letter of Credit, Developer agrees to pay on demand all costs or attorneys' fees incurred or paid by the Bank for any litigation in connection with this Letter of Credit. This Letter of Credit is valid through and including December 31, 2012 and is not subject to renewal. Very truly yours, AMERICAN NATIONAL BANK EdKelleher, Executive Vice President Irrevocable Letter of Credit (Twin Lakes Iv — Brooklyn Ctr) 08-16-12 City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KARA KUYKENDALL FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION AND THE PLANNING COMMISSION WHEREAS, Kara Kuykendall served on the Housing Commission from November 27, 2006, to December 31, 2007; and WHEREAS, Kara Kuykendall served on the Planning Commission from December 10, 2007, to December 31, 2012; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, Kara Kuykendall has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission and the Planning Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Kara Kuykendall 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 she has rendered to the citizens of Brooklyn Center. January 14, 2013 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. 7b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF LEROYCE WALKER FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION WHEREAS, LeRoyce Walker served on the Northwest Hennepin Human Services Council Advisory Commission from January 24, 2011, through December 31, 2012; and WHEREAS, LeRoyce Walker has made significant contributions as a member of the Northwest Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the human services needs of the community and how these needs can best be met; and WHEREAS, her leadership and expertise have been greatly appreciated by the Northwest Hennepin Human Services Council Advisory Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that LeRoyce Walker 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 she has rendered to the citizens of Brooklyn Center. January 14, 2013 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. 7c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHEREEN NORSTRUD FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Chereen Norstrud served on the Housing Commission from February 22, 2010, through December 31, 2012; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Chereen Norstrud 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 she has rendered to the citizens of Brooklyn Center. January 14, 2013 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. 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KRIS LAWRENCE-ANDERSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Kris Lawrence-Anderson was appointed to the Housing Commission on July 9, 2001, and then was appointed to serve as Chair from February 16, 2010, until December 31, 2012; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community, advising on placement of community gardens, and was instrumental in developing the New Resident Welcome Bags Program; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooldyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Kris Lawrence-Anderson 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 she has rendered to the citizens of Brooklyn Center. January 14, 2013 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. 7e COUNCIL ITEM MEMORANDUM DATE: January 7, 2013 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donations of Luther Automotive Group in Support of Youth Soccer Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing the donations from the Luther Automotive Group in support of youth soccer activities in Brooklyn Center. Background: The Luther Automotive Group has presented to the City donations of Ten Thousand Dollars ($10,000.00) and Twelve Thousand Five Hundred Dollars, ($12,500.00) and has designated the donations be used to support a youth soccer league and soccer field conversion project respectively. The Luther Automotive Group presented to the City a donation of $10,000.00 and asked that it be used to support a soccer league new immigrant youth. This past fall, 125 kids participated in a six-week soccer league made possible by this generous donation. Soccer goals, jerseys, equipment and an awards banquet were provided at no cost to the youth. The City also received a $12,500 donation from the Luther Automotive Group to offset the costs converting the Centennial Park baseball field to youth soccer fields. This donation allowed for the removal of the baseball field fencing and installation of turf in the former infield area. The project was also a catalyst to us receiving a larger Hennepin Youth Sport Grant, as it reduced the overall project cost and improved our match ratio. With these donations, the Luther Automotive Group has gone "above and beyond" in supporting the City of Brooklyn Center! The Luther Automotive Group is truly a company committed to creating "community". Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the City's image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE LUTHER AUTOMOTIVE GROUP IN SUPPORT OF YOUTH SOCCER WHEREAS, The Luther Automotive Group has presented to the City donations of Ten Thousand Dollars, ($10,000.00) and Twelve Thousand Five Hundred Dollars ($12,500.00), and WHEREAS, they have designated that the donations be used to support a youth soccer league and youth soccer field conversion project respectively, and WHEREAS, the City Council is appreciative of these donations and commends the Luther Automotive Group for its civic efforts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1.Acknowledges the donations with gratitude. 2.Appropriates the donations to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: January 8, 2013 TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Hearings for Kylawn Park Area Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2013- 01 and 02, Kylawn Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Kylawn Park Area Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on January 14, 2013. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2013-01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2013-01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Kylawn Park Area. The project was previously established by the City Council on July 9, 2012, by Resolution 2012-94. On December 10, 2012, the City Council received the project feasibility report and called for a 'public hearing to be held on January 14, 2013, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements — Includes regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, replacement of street signs, and boulevard restoration. - - Mission: Ensuring an attractive, clean, sale, inclusive community that enhances the quality of .for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 2.Storm Drainage Improvements — Includes the installation of new storm sewers, installation of concrete curb and gutter, repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes. 3.Water Main Improvements — Includes the replacement of approximately 50 percent of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. 4. Sanitary Sewer Main Improvements — Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines. II. Summary of Assessments Special assessments are proposed as one of several funding sources for the improvements located within the Kylawn Park Area. On November 13, 2012, the City Council adopted the 2013 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2013 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 279 residential properties and a church property, all that are zoned "R-1". Special assessments for single family residential properties were calculated at full unit assessment rates of $3,731 for street improvements and $1,120 for storm drainage improvements. The multifamily property located at 5909 June Avenue North and the church property located at 5929 Brooklyn Boulevard have been computed based on unit assessments prorated per lot frontage. See the attached revised Appendix C—Final Pending Assessment Roll and Figure 5—Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer a-ny substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2013. - -- .____ . _.,_ _ • - -- Mission: Ensuring an attractive, clean, sole, inclusive community that enhances the quality of life .for al /peoplepeople and preserves the public trust COUNCIL ITEM MEMORANDUM 2.From October 1, 2013, to the end of the business day on November 27, 2013, a property owner may pay the total assessment, with interest calculated from October 1, 2013, to the date of payment. 3.A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2014. The total principle will be payable in annual installments. Interest at 6.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2013-01 and 2013-02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2013 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $6,351,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 10, 2012. 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 attractive, clean, soft, inclusive coninzunity that enhances the quality of lift fin- all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2013-01, 02, 03 AND 04, KYLAWN PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on July 9, 2012, authorized consideration of street, storm drainage, and utility improvements in the area generally described as "KYLAWN PARK AREA", more specifically described as follows: Drew Avenue North from 58 th Avenue North to 58 1/2 Avenue North; Ewing Avenue North from 58 th Avenue North to 61 St Avenue North; Admiral Lane North from 58 th Avenue North to Brooklyn Boulevard; Admiral Place from Admiral Lane North to Commodore Drive; Pearson Drive from Admiral Lane North to Commodore Drive; Halifax Place from Halifax Avenue North to 61 5 ' Avenue North; Halifax Avenue North from 58 th Avenue North to Halifax Place; June Avenue North from 58 th Avenue North to 61 st Avenue North; Major Avenue North from 58 th Place North to 58 th Avenue North; 58 th Place North from 140 feet west of Twin Lake Terrace North to Major Avenue North; 58 1/2 Avenue North from Ewing Avenue North to Drew Avenue North; 59 1/2 Avenue North from June Avenue North to Halifax Avenue North; and Commodore Drive from Pearson Drive to Ewing Avenue North; and WHEREAS, the Council has received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on December 10, 2012, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Kylawn Park Area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on January 14, 2013, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the January 14, 2013, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and RESOLUTION NO. WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $1,412,850.51; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2.This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. January 14, 2013 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 introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2013-01 AND 2013-02, KYLAWN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 18406 and 18407; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.Such proposed assessments, Special Assessment Levy No. 18406 for street improvements and Special Assessment Levy No. 18407 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2.Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2014, and shall bear interest on the entire assessment at the rate of six (6.0) percent per annum from October 1, 2013, through December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2013. After September 30, 2013, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2013, through the date of payment. Such payment must be made by the close-of-business November 27, 2013, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. January 14, 2013 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. '903 6001 • .4.,110. 0. .1 .... J - I § a CO s 7, CC 1 c, r 3606 0I' ,„ w 9960 6269 2060 0260 9560 LZ6S 5560 L 60 0 N 3AV ClelV39 co BROOKLYN BLVD ..... CO 1099 EL9E 6560 £069 0269 ZL9 CO c0 IM110 UN-= no =I 969 L9Ek CO N 3AV SNIMA `r) IJJ CO 3.: g 127 :1oo o o Z 1 i 1 oo o," s-- in in ai a, in In Lio o Z o 2 o ',Fr IIF m m m a it CA au ; ,.9 , w N S '''' I , N DAVANIW a) in III I1 .2 L.3 L Le„, t'.2 v 1,8 L:,---, ,-;,..1 LE3 [1:1,11:,, ,-„, ‘,7,1,2 1.1r., ,,-.1 „,1 ,i . . . . 3 3 3 3 Frl 3 3 FP 3 En, FP, 3 ■,'.3 53 2 59 3 53 ,.,,,„ S HORES ===== ■i N AAV ?:10CVIAI 1 -------* r! st - / ■-•-. ..-1.-.■- -M-■-•-•-■ 0-Y4y6 ALIYM-l._ ---.-1.■-■-.--.- ,A■-•-i -...--41,•- ,., '.4.7 MIMM= MI 1 *1 Ottn%itiLem fir n1001,0. * *INOW-11."WW- iIM tZ-J co . f i r1-17:!-T:5404C,coLO --.__ 1 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY IDHOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821120020 6001 BROOKLYN BLVD 18406 $ 3,731.00 18407 $ 1,120.00 0311821120021 6000 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120022 6006 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120023 6012 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120024 6018 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120025 6024 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120026 6030 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120027 5916 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120028 5920 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120030 6001 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120031 5953 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120032 5949 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120033 5945 ADMIRAL LA 18406 3,731.00 18407 $ 1,120.00 0311821120034 5941 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120035_5937 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 1821120036 6000 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821120037 6006 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821120038 6012 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821120039 6018 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821120040 3707 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120041 3701 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120042 3619 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120043 3613 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120044 3607 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120045 6013 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120046 5900 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120047 5906 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120048 5912 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120050 5924 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120051 5928 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120052 5932 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120053 5936 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120054 5940 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120055 5944 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120056 5948 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821120057 5952 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 (-1 1821120058 5956 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 1821120059 5929 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120060 5925 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 1 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821120061 5921 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120062 5917 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120063 5913 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120064 5909 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120065 5905 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120066 5901 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120067 3606 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120068 3612 COMMODORE DR 18406 $ 3,731.00 18407 .‘$ 1,120.00 0311821120069 3618 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120070 3700 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120071 3706 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120072 3712 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120073 3718 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821120081 6049 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120082 6043 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120083 6037 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120084 6048 EWING AVE N 18406 $ 3,731.0018407 $ 1,120.00 0311821120085 6042 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821120086 6036 EWING AVE N 18406 $ 3,731.00 18407 1,120.00 0311821120097 5929 BROOKLYN BLVD 18406 $ 44,702.38 18407 $ 13,419.06 R1-Multiple Assessments. Based on frontage. 0311821120099 5918 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130002 5833 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130003 5843 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130019 5800 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130020 5806 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130021 5812 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130022 5818 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130023 5824 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130025 5827 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130026 5821 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130027 5815 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130028 5807 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130029 5801 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130030 5800 EWING AVE N 18406 $ 3,731.0018407 $ 1,120.00 0311821130031 5806 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130032 5814 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130033 5820 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130034 5826 EWING AVE N 18406 3,731.0018407 $ 1,120.00 2 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821130035 5827 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130036 5821 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130037 5815 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130038 5807 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130039 5801 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130080 3724 58TH AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130081 5806 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130082 5812 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130083 5818 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130084 5824 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130085 5830 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130086 5836 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130087 5842 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821130095 5830 DREW AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821130096_3612 58 1/2 AVE N 18406 $ 3,731.00 18407 $ 1,120.00 821130097 3618 58 1/2 AVE N 18406 "$ 3,731.00 18407 $ 1,120.00 -0.511821130098 5844 EWING AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210001 3801 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210002 6013 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210003 6009 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210004 6005 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210005 6001 ADMIRAL PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210006 5931 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210007 5925 ADMIRAL LA 18406 $ .3,731.00 18407 $ 1,120.00 0311821210008 5919 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210009 5913 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210010 5907 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210011 5901 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210012 5843 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821210013 5900 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210014 5906 PEARSON DR 18406 $ 3,731.00 18407 1,120.00 0311821210015 5912 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210016 5918 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210017 5924 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210018 5930 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210019 6000 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0 21 1821210020 6006 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 _ 821210021 6012 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210022 6018 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREETLEVY #STORM NOTES 0311821210023 3811 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210024 3800 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210025 3806 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210026 3812 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210027 3818 COMMODORE DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210028 6036 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210029 6030 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210030 6025 PEARSON DR 18406 3,731.00 18407 $ 1,120.00 0311821210031 6019 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210032 6013 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210033 6007 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210034 6001 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210035 5931 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210036 5925 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210037 5919 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210038 5913 PEARSON DR 18406 3,731.00 18407 $ 1,120.00 0311821210039 5907 PEARSON DR 18406 $ 3,731.00 18407 1,120.00 0311821210040 5901 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821210041 5843 PEARSON DR 18406 3,731.00 18407 $ 1,120.00 0311821210042 5904HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210043 5908HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210044 5912 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210045 5918HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210046 5924HALIFAX PL 18406 3,731.00 18407 $ 1,120.00 0311821210047 5930 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210048 5936 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210049 6000 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210050 6006 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210051 6012 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210052 6018 HALIFAX PL 18406 3,731.00 18407 $ 1,120.00 0311821210053 6024 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210054 6019 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210055 6013 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210056 6007 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210057 6001 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210058 5931HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210059 5925 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210060 5919 HALIFAX PL 18406 $ 3,731.00 18407 1,120.00 0311821210061 5913 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 4 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821210062 5903 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821210063 5906 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210064 5912 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210065 5918 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210066 5924 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210067 5930 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210068 5936 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210069 6000 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210070 6006 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210071 6012 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210072 6018 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210073 6030 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210074 5919 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210075 5913 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210076 5907 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 821210077 5901 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 -0s.L1821210078 5918 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210079 5912 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210080 5906 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210081 5900 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210082 6051 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210083 6047 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210084 6043 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210085 6031 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210086 6039 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210087 6025 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210088 6019 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210089 6013 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210090 6007 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210091 6001 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210092 5937 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210093 5931 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210094 5925 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210095 5924JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210096 5930 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210097 5936 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 03 1 1821210098 6000 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 C 321210099 6006 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210100 6012 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 5 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821210101 6018 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210102 6024 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210103 6030 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210116 4213 61ST AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210117 6042 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210118 6036 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210126 4001 61ST AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821210127 3919 61ST AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220002 5909 JUNE AVE N 18406 $ 4,730.91 18407 $ 1,420.16 R1-Multi Family Assessment. Based on frontage. 0311821220003 5901 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220004 6043 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220005 6037 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220006 6031 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220007 6025 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220008 6019 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220009 6013 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220010 6007 JUNE AVE N 18406 $ 3,731.00 18407 1,120.00 0311821220011 6001 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220020 5937 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220021 5931 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220022 5925 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220023 5919 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821220024 5913 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230002 5701 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230003 5707 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230004 5727 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230005 5723 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230006 5735 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230007 4650 58TH PL N 18406 $ 7,462.00 18407 $ 2,240.00 R1-Multiple Assessments. Lot could be split into 2 parcels. 0311821230012 5843 JUNE AVE N 18406 3,731.00 18407 $ 1,120.00 0311821230013 5837 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230014 5831 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230015 5825 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230016 5819 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230017 5813 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230018 5807 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230019 5801 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 6 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821230022 5715 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821230057 5721 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240060 5837 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821240061 5831 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821240062 5825 ADMIRAL LA 18406 $ 3,731.00 18407 $ 1,120.00 0311821240063 5804PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240064 5808 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240065 5814PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240066 5822PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240067 5830 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240068 5834PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240069 5838PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240070 5837PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240071 5833PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240072_5829 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 '.821240073 5825PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 03 i1821240074 5821PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240075 5817PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240076 5813 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240077 5809 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240078 5805 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240079 5801 PEARSON DR 18406 $ 3,731.00 18407 $ 1,120.00 0311821240080 3800 58TH AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240089 5800 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240090 5806 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240091 5812 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240092 5818 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240093 5824 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240094 5830 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240095 5836 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240096 5900 HALIFAX PL 18406 $ 3,731.00 18407 $ 1,120.00 0311821240097 5843 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240098 5837 • HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240099 5831 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240100 5825 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240101 5819 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0°1 1821240102 5813HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 .821240103 5807 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240104 5801 HALIFAX AVE N 18406 $ 3,731.00 18407 $ 1,120.00 7 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 14, 2013 2013 KYLAWN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2013-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0311821240107 5842 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240108 5836 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240109 5830 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240110 5824 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240111 5818 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240112 5812 JUNE AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821240113 5806 JUNE AVE N 18406 3,731.00 18407 $ 1,120.00 0311821240114 4018 58TH AVE N 18406 $ 3,731.00 18407 $ 1,120.00 0311821320001 5659 MAJOR AVE N 18406 $ 3,731.00 18407 $ 1,120.00 Total Assessments $ 1,086,651.29 $ 326,199.22 8 N 3AV MITT/H . _____— BRO "1- .... --1 I NN 3AAVVOMrl : MM. 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Ce CD Ea 0 .4..- . 5 sa • MIMI U Il Ila 0 C U) 0 0 0 CU E Ccn ... 43) • NMI C 4a CD 0 M • EMil CD = = _Q DI .0••—i . 4) Z 0 Q. CL 03 (/);-4 •• • • Cl)4.-) I) ECl)cn al v-c) cl) 0 I)a) 0 • cr.51 . ,-04—) ,, t 4 m ,-- 2 v) 7-c: c.) (1). cz ;--4 0 CD Cv--5' •M 4-4 ''' 0,2 . , o 1.-c P E L T5 0 E r--1 (1)ct o ?.;- i-4 C.) N CA. ,--4 C) I) ;- ro E P4 0 4- ,4 •'th t4-4 I) c+-4 4) 434 'Z Fill C.) V) 1 1 City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: January 8, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Vacating a Siren Easement, Number 7581467, Hennepin County, Minnesota (6700 Brooklyn Boulevard, Luther Toyota Site) Recommendation: It is recommended that the City Council approve the resolution vacating certain easements as referenced above pertaining to the site redevelopment in connection with the final plat approval of BRI MAR SECOND ADDITION, Luther Toyota Site located at 6700 Brooklyn Boulevard. Background: The City Council adopted the resolution granting final plat approval for the BRI MAR SECOND ADDITION development at its meeting on August 22, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of an easement that is no longer needed and is being replaced by a new easement. The following easement is proposed to be released and terminated as indicated: • A siren easement document number 7581467, and as depicted in the attached Exhibit As part of the public hearing and notification process, affected entities with interests in said existing easement have been notified in accordance with City Ordinance and State Statute. A new easement for the relocated warning siren has been prepared that will retain permanent easement rights and will not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacations. The attached easement and exhibit outline the release and termination of the easement and show the location of said existing easement. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality qf ,for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING A SIREN EASEMENT, NUMBER 7581467, HENNEPIN COUNTY, MINNESOTA (6700 BROOKLYN BOULEVARD, LUTHER TOYOTA SITE) WHEREAS, the City Council has approved the final plat for BRI MAR SECOND ADDITION based on certain conditions as set forth in the City Council Resolutions Nos. 2011-116; and WHEREAS, an existing siren easement is being replaced by a new siren easement on Lot 2, Block 1, BRI MAR SECOND ADDITION; and WHEREAS, the easement proposed to be vacated is identified as follows and is hereafter referred to as "the Easement": A siren easement document number 7581467, and as depicted and described in the attached exhibit; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easement will be no longer needed, once the new siren easement has been executed and recorded, and it is in the public interest to vacate the Easement; 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 Easement described above and depicted in the attached exhibit. 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. 3. Vacation of Easement will be effective upon proper execution, release and recording of the new replacement siren easement. January 14, 2013 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 hereby certify that this survey, plan or report was gepored by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. UTILITY EASEMENT VACATION EXHIBIT FOR: EASEMENT PER DOC. NO. 7581467 - HENNEPIN COUNTY RECORDS LEGAL DESCRIPTION THE VACATION OF- A PERMANENT UTILITY EASEMENT OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THOSE PARTS OP LOT I, BLOCK I, VELIE ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF- THE COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: BEGINNING A T THE MOST SOUTHERLY CORNER OF THE SOUTHWEST CORNER OF SAID LOT I, BLOCK I, VELIE ADDITION; THENCE SOUTH 8q DEGREES58 MINUTES EAST, ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID LOT I, BLOCK I, VEL1E ADDITION, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8q DEGREES 55 MINUTES EAST A DISTANCE OF 5 FEET; THENCE NORTH 0 DEGREES 02 MINUTES EAST A DISTANCE OF 5 FEET; THENCE NORTH 8q DEGREES 55 MINUTES WEST A DISTANCE OF 5 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES WEST TO THE POINT OF BEGINNING. SHEET I OF 3 105 South Fifth Avenue •Suite 513F ORM•• Minneapolis, MN 55401 •• Web: landform.net •• A From Site to Finish SCOTT C. ?ROSEN License. No. 47465 Date: 11.14.12 Revised: Job No. SAA11032 Drawing: eose_SAA32.dwg By: SCT 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 lows of the State of Minnesota. •••• LANDF OR M••From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Web: landform.net Job No, 6AAII032 Drawing: eose_CP5.dwq By: SCTLicense. No. 47465 Revised: I II I II II IR 1,1:•DiTR:NI 1 ENTER ADDIT::::: 0 200 SCALE IN FEET UTILITY EASEMENT VACATION EXHIBIT FOR: EASEMENT PER DOC. NO. 7581467 - HENNEPIN COUNTY RECORDS NORTH .J L LOT 1 BRI MAR ADDI TION LOT 2 UTILITY --- EASEMENT I PER DOC. ■ NO. 7581467 \ TO BE VACATED T SHEET 2 OF 3 SCOTT C. TROSEN Date: 11.14.12 UTILITY EASEMENT VACATION EXHIBIT FOR: EASEMENT PER DOC. NO. 7581467 - HENNEPIN COUNTY RECORDS NORTH 11.11.111.11111110 50 SCALE IN FEET • F 0 R M•••• 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Web: landform.netFrom Site to Finish SCOTT C. TROSEN License. No. 47465 Date: 11.14.12 Revised:Drawing: eose_CP5.dwq By: SCT UTILITY EASEMENT PER DOC. 7581467 co ,S‘N ?co.N OD ,N,0 j\ c)000z „ r• •••• AS AA 1 1 11 N L., L. •A ••• 1 • III, 1 A• 1 /I 1 1-• 1%11 1 ■.;es • • • L— 1 1 •A / 58958E (60 (') MOST SOUTHERLY CORNER OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 VELIE ADDITION SOUTH LINE LOT 1, BLOCK 1, VELIE ADDITION I hereby certify that this survey, plan or report was )repored by me or under my direct supervision and that I am a duly licensed Land Surveyor under the lows of the State of Minnesota. Job Na BAA11032 • 0 1=1 Ict.4 W .tt cn F- M L Zw LU 0 2 0 (0 .<wiwwitce, riff • 03 LU 0 LU LUCO LU rn =i•-• tro'2 E E re • • ILS 00 0 a) • LOLOC. . 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CO(...)0000 -0 -I-) .4-) -I-) 4--) O C c c c+--)u) 0000 CD II-) :4-) 1 4_, 14_, =0000 C7 2 2 2 2a)cc `OD • • • 0 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist (A??------------#' THROUGH: Gary Eitel, Director of Business and Development J- SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2012-022 Submitted by Ludmilla Bryskina for Approval of a Variance to City Code Sect. 35-111, Non-Conforming Uses, Located at 5601 Indiana Avenue North Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2012-022 submitted by Ludmilla Bryskina for approval of a Variance to City Code Sect. 35-111, Non-Conforming Uses, located at 5601 Indiana Avenue North. Background: On December 12 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina for a Variance to City Code Sect. 35-111, the expansion of a non-conforming structure in the R-1 (Residence One) District, which would allow the applicant the ability to construct a passageway/tunnel between an existing dwelling and detached garage, and maintain a reduced setback for the garage of 18.3- ft. from the required 35-ft. front-yard setback. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2012-022, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Also attached for review is Planning Commission Resolution No. 2012-26, in which the Commission provided a favorable and unanimous recommendation of the Variance request. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2013- RESOLUTION REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA FORA VARIANCE TO CITY CODE SECTION 35-111 NONCONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina proposes a variance to City Code Section. 35-111, specifically to allow the expansion of a non-conforming structure in the R-1 (Residence One) District, and allow the Applicant/Owners to construct an underground passageway between the dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 feet from the required 35-ft. front- yard setback, located at 5601 Indiana Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on December 13, 2012, whereby a planning staff report was presented and public testimony regarding the variance and site and building plan were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating and determining variances under City Code Section 35-240 and the Comprehensive Plan, and moreover those variance standards as provided under Minnesota State Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the Planning Commission considered and determined the appropriateness of said variance based on the following factors: a)the property owner's request to modify this property in a reasonable manner not permitted by the zoning ordinance is justifiable and reasonable; b)the plight of the landowner is due to circumstances unique to the property not created by the landowner, since the original site was built as such in 1963 and created a conflicting grade elevation situation between the residential dwelling and detached garage, and the owners presented a reasonable remedy of installing an underground connector or tunnel between said structures; c) the variance, if granted, will not alter the essential character of the locality, due to the fact the installation and construction of the tunnel will take place in the interior portion of the property; no view sheds or lake vistas will be affected; and the tunnel will be below grade and screened as needed; and Economic considerations alone did not constitute practical difficulties RESOLUTION NO. 2013- in this particular case. AND WHEREAS the Planning Advisory Commission of the City of Brooklyn Center has provided a favorable (unanimous) recommendation to the City Council that Application No. 2012-022 submitted by Ludmila Bryskina should be approved, subject the following conditions: 1.No major modifications or expansion to the existing structures on the subject will be allowed, except those illustrated on the submitted plans and considered exclusively under this variance application. Any deviation or modification to these plans will require separate consideration and approval. 2.The Applicant shall provide detailed and certified topographical survey information showing existing ground elevations and contours of the property for deteHnination of drainage and flood plain impacts. 3.Based on the 100-year FEMA FIRM maps, this property is located fully within the 100-year floodplain. Any modification to the property and structures must fully comply with the City floodplain Ordinance 35-2100. Detailed plans must be provided for review and approval. 4.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5.The Applicant shall ensure that all disturbed areas of the rear yard area caused by this construction will be restored. Additional plantings of evergreen trees and shrubs will be provided along the northerly lot line to screen the underground tunnel from the adjacent neighbor. 6.The applicant shall submit an as-built survey of the property, including details of the underground tunnel connector, lowest floor elevations, and any related improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina for a Variance to City Code section 35-111 Nonconforming Uses, located at 5601 Indiana Avenue North, is hereby approved subject to the conditions memorialized herein. Date Mayor RESOLUTION NO. 2013- 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. Cky of BROOKLYN CENTER Planning Commission Report Meeting Date: December 13, 2012 •Application Filed: 11/14/12 •Review Period (60-day) Deadline: 01/13/13 •Extension Declared: 01/02/13 •Extended Review Period Deadline: 03/14/13 Application No. 2012-022 Applicant: Ludmila Bryskina Location: 5601 Indiana Avenue N. Request: Variance to Sect. 35-111 to allow the expansion of a non-conforming structure by allowing a reduced setback of 18.3 feet to remain on an existing detached garage INTRODUCTION The applicant, Ludmila Bryskina is requesting a variance from City Zoning Code Sect. 35-111, which would allow the expansion of a non-conforming structure and maintain a reduced setback of 18.3 feet of an existing detached garage. Approval of this variance would authorize the Applicant to construct an underground passageway or tunnel between the residential dwelling and detached garage. A public hearing has been scheduled and notices to surrounding property owners have been mailed. The applicant has submitted for review and consideration two petition letters signed by neighboring property owners supporting this variance request. An aerial map, survey/site plan and building diagrams are attached to this report, which illustrates the details of this request. BACKGROUND The setbacks for a dwelling and detached garage in the R-1 One Family Residence district lot are as follows: DWELLING (Principal) Front Yard =35 ft. Side Yard = 10 ft. Rear Yard = 25 ft. GARAGE (Accessory) Front Yard = 35-ft. Side Yard (interior) = 3-ft. Rear Yard = 5-ft. The existing detached garage measures approximately 24' x 24' or 576 sf. in size. The proposed passageway/tunnel measures 16' x 29' and would be constructed at or below the surrounding grades between the residential dwelling and detached garage. The existing garage sits 18.3 feet from the front property line (Indiana Ave. ROW) and only 2.6 feet from the north lot line. Zoning regulations stipulate that if a detached or accessory structure is connected to or built closer than 6-feet to the principal building (i.e. the dwelling), all principal building setbacks must be met or demonstrated. As illustrated on the Applicant's cross-section plans, the house sits a few feet above the grade elevations of the detached garage. Upon parking in the garage or driveway, the owners and/or visitors walk to a set of concrete steps leading up to a slightly elevated sidewalk that ends at a front porch area of the home, and then more stairs leading up to the front door and landing. The homeowners claim that navigating these stairs and sidewalk has become increasingly difficult as Bryskina Variance Page 1 12/13/12 d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Minnesota State Legislature passed a new law in 2011 that significantly revamped the parameters or standards in which municipal governments can review and grant variances. According to Minnesota Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the standards noted above have now been revised by eliminating the need to justify or prove a hardship in variances. The primary standard or principle in the granting of variances is now based on a "reasonable" test or justification. The new law (abbreviated below) provides the following standards: Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comrehensivelaip,i.VaiIanceswlwhentheallcantorthevariance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means: a)that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; b)the plight of the landowner is due to circumstances unique to the property not created by the landowner; and c) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The City Attorney has advised planning staff that in order to be consistent with and compliant with new State Law, the city should analyze or determine this variance case under these new rules and standards. The following is city planning staff's findings based on these above- referenced standards: + that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The "reasonable" nature of this particular variance case appears to be rational and practical. It is obvious the property will function better with an underground tunnel connector between the house and garage, especially during cold, rainy/snowy/icy conditions. The same could be said if this happened to be an at-grade (same level) addition or walkway between both structures. The homeowner indicated they are an "elderly couple" and taking care of their [older] father from the home. They are seeking a better and safer means of traveling to and from the garage and the home. Staff believes the tunnel would provide an ideal structure to safely and effectively transport pedestrians and/or objects from the home and garage. The proposed use appears to be an appropriate need of this site and may therefore be considered a reasonable use. Bryskina Variance Page 3 12/13/12 purpose and intent of the [zoning' ordinance. This allowance, even under a variance, appears reasonable and justifiable. It is important to note that by building the structure almost entirely underground, this helps eliminate visual impacts and views from adjacent neighbors, which is always a positive. With that brief summary, Planning Staff recommends approval of the variance based on the grounds that the new standards for granting variances (under Mn SS 2010, Section 462.357, Subdivision 6), particularly the standards for reasonableness and uniqueness to this and all other properties throughout Brooklyn Center have been met; and the variance is in harmony with the general purposes and intent of the ordinance. If the Planning Commission accepts this recommendation, the Commission may elect to adopt Planning Commission Resolution No. 2012-26, which memorializes the findings in granting this variance and provides for the conditions of approval as follows: 1.No major modifications or expansion to the existing structures on the subject will be allowed, except those illustrated on the submitted plans and considered exclusively under this variance application. Any deviation or modification to these plans will require separate consideration and approval. 2.The Applicant shall provide detailed and certified topographical survey information showing existing ground elevations and contours of the property for determination of drainage and flood plain impacts. 3.Based on the 100-year FEMA FIRM maps, this property is located fully within the 100-year floodplain. Any modification to the property and structures must fully comply with the City floodplain Ordinance 35-2100. Detailed plans must be provided for review and approval. 4.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits 5.The Applicant shall ensure that all disturbed • areas of the rear yard area caused by this construction will .be restored. Additional plantings of evergreen trees and shrubs will be provided along the northerly lot line to screen the underground tunnel from the adjacent neighbor. . 6.The applicant shall submit an as-built survey of the property, including details of the underground tunnel connector, lowest floor elevations, and any related improvements. ATTACHMENTS e Aerial/Location Maps O Survey Map/Site Plan e Tunnel Layout plan w/ Cross-Sections e Supporting Photos of the PrOperty o FEMA Pahel 27053CO202E (100-Year Floodplain Firmette Map) O Neighboring Property Owners? Letters of Support Bryskifia Variance . Page 5 . • • 12/13/12 Commissioner Kuykendall introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012-26 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-111 NONCONFORMING USES, LOCATED AT 5601 INDIAN-A AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina proposes a variance to City Code Section. 35-111, specifically to allow the expansion of a non-conforming structure in the R-1 (Residence One) District, and allow the Applicant/Owners to construct an underground passageway between the dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 feet from the required 35-ft. front- yard setback, located at 5601 Indiana Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on December 13, 2012, whereby a planning staff report was presented and public testimony regarding the variance and site and building plan were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating and determining variances under City Code Section 35-240 and the Comprehensive Plan, and moreover those variance standards as provided under Minnesota State Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the Planning Commission considered and determined the appropriateness of said variance based on the following factors: a)the property owner's request to modify this property in a reasonable manner not permitted by the zoning ordinance is justifiable and reasonable; b)the plight of the landowner is due to circumstances unique to the property not created by the landowner, since the original site was built as such in 1963 and created a conflicting grade elevation situation between the residential dwelling and detached garage, and the owners presented a reasonable remedy of installing an underground connector or tunnel between said structures; c) the variance, if granted, will not alter the essential character of the locality, due to the fact the installation and construction of the tunnel will take place in the interior portion of the property; no view sheds or lake vistas will be affected; and the tunnel will be below grade and screened as needed; and PC RESOLUTION NO. 2012-26 d) Economic considerations alone did not constitute practical difficulties in this particular case. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-022 submitted by Ludmila Bryskina is hereby approved, subject the following conditions: 1.No major modifications or expansion to the existing structures on the subject will be allowed, except those illustrated on the submitted plans and considered exclusively under this variance application. Any deviation or modification to these plans will require separate consideration and approval. 2.The Applicant shall provide detailed and certified topographical survey information showing existing ground elevations and contours of the property for determination of drainage and flood plain impacts. 3.Based on the 100-year FEMA FIRM maps, this property is located fully within the 100-year floodplain. Any modification to the property and structures must fully comply with the City floodplain Ordinance 35-2100. Detailed plans must be provided for review and approval. 4.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5.The Applicant shall ensure that all disturbed areas of the rear yard area caused by this construction will be restored. Additional plantings of evergreen trees and shrubs will be provided along the northerly lot line to screen the underground tunnel from the adjacent neighbor. 6.The applicant shall submit an as-built survey of the property, including details of the underground tunnel connector, lowest floor elevations, and any related improvements. December 13, 2012 Date Chair 2 of3 PC RESOLUTION NO. 2012-26 ATTEST: `-g-ecretary The motion for the adoption of the foregoing resolution was duly seconded by member Parks and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Burfeind, Kuykendall, Parks and Schonning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 of 3 2 LUMZ 1=1inZ1-1 0LO LA 4..^ 2 f, : .S -. r-, ,r. a. 17 g g 2 3 t, P.. r., 3 - 2"- rk' 1 7,'..,,,,4 0 -&zz.g 1:', :3'. ..,..2 r, r, 16, . E ° ; 2 = ,-6 3 L' 4. I III I LI CT) I-0 --) CO CO = L N 14 k k C.)It)- ADMIRAL 110 1.0 41111Prtl -- I 1 ..'4. . , 7,6 —.,if! 'f4 4 ir 5.:...,9._._ 0 3AV DONVEA ,:5,_n — —A i:0, ,,,,-:o i WI ,,,st., " _ „ N N tf , CO 2 inIA= 1 A Ell E !.21 !,1 s,_ g .:1 El gg ,'g - ,, 1 't.2 ' 0 a)R > Z ..-1 ro (NI c 6.°.a: 003 .... .4., 1=1 -0 CT-i a 02 " .,, E 0 LID Lv,„--, In 02co bl `,. 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II ' if „ ;H p 1 ii-!!!4 I • Letter to support variance for connecting garage with the basement 5601 Indiana Ave N Brooldyn Center, MN 55429 We, William and Connie Clabots are aware that thyskin's family at 5601 Indiana Ave N is planning to build a connection between the detached garage and house basement. We believe that this will have no impact on the neighborhood and I or environment and we have no objections to such project. Sigmture:. / zer? Date /4,9/ (;-// 2- Letter to support variance for connecting garage with the basement 5601 Indiana Ave N Brooklyn Center, MN 55429 We are aware that Bryskin's family at 5601 Indiana Ave N is planning to build a connection between the detached garage and house basement. We believe that this will have no impact on the neighborhood and / or environment and we have no objections to such project. Signature: )11 cf, se/A Date /6 /2_7 //2 ., cq(u Walkty 56c.0--0 A vdt9(' 01 I vidiank 14% Ti)1( 6 a-1,V C-e-trtster 542 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 13, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:04 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Kara Kuykendall, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino and Carlos Morgan were absent and excused. APPROVAL OF MINUTES — NOVEMBER 29, 2012 There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to approve the minutes of the November 29, 2012 meeting as submitted. The motion passed. Commissioners Rahn and Kuykendall abstained since they were not at the meeting. CHAIR' S EXPLANATION Chair Rahn explained the Planning 'Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2012-022 LUDMILLA BRYSKINA, 5601 INDIANA AVENUE NORTH Chair Rahn introduced Application No. 2012-022, a Variance to City Code Sect. 35-111, the expansion of a non-conforming structure in the R-1 (One Family Dwelling) District, which would allow the Applicant the ability to construct a passageway/tunnel between an existing dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 ft. from the required 35 ft. front-yard setback. (See Planning Commission Information Sheet dated 12-13-12 for Application No. 2012-022.) Mr. Benetti explained that the applicant has requested a variance to construct an underground passageway between the house and detached garage. He further explained that when two structures are attached, they become one structure and all setbacks must be met. The variance recognizes an expansion to the non-conforming existing structure. He added the house sits well above the grade elevations of the garage and the reason for the construction of the tunnel is to basically connect the two structures with most of the tunnel below ground. Mr. Benetti further explained that the applicant will have to prove that the structure will be built one foot above flood elevation levels at the time permits are applied for. Page 1 12-13-12 Mr. Benetti stated staff feels the request to modify the property is a reasonable manner not permitted by the zoning ordinance and is justifiable. He added it is a unique situation and will not alter the essential character of the neighborhood and approval is recommended. Chair Rahn asked for details of the construction of the building. Mr. Benetti replied he believes it will have a pitched roof and part of the structure will be above ground. He further explained the applicant had attempted to verify the property was not in the flood zone. However, it was determined the property is in the flood zone, therefore, the bottom floor of the tunnel will have a six inch rise to keep the structure out of the flood zone. PUBLIC HEARING — APPLICATION NO. 2012-022 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No.2012-022, at 7:10 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Ludmilla Bryskina, 5601 Indiana Avenue N, introduced herself to the Commission. She stated the structure will come about three feet above ground and about four feet below ground and the floors of the garage and the basement will be connected. She added the basement sits lower than the garage so they will have to make steps at the entrance. She added they have not decided on the details of the roof yet but are thinking a flat roof with a very slight pitch. Commissioner Parks asked if the applicant has considered building a green roof similar to materials used in rain gardens. Ms. Bryskina stated she is researching that but the cost of doing that is a considerably higher. She added she attended the remodeling fair and talked to an architect about such a design but she does not have enough information to make a decision. Commissioner Parks replied that the city wants the home to comply with appropriate guidelines and it is good that she has talked to an architect. He added building a hard surface will increase run off on the property and there are things that can be added that will allow water to slowly run off the property. Ms. Bryskina stated she appreciates the comments and hadn't thought about run off on the property but would take that into consideration when designing the structure. She added the tunnel will not be heated but will have electricity for lights. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the public hearing on Application No. 2012-022 . The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Burfeind stated when considering a request for a variance it is important to consider if the request is reasonable and justified. He added he visited the property and since the applicant did not create the situation, but is trying to comet a dangerous situation, he is in favor of approving the application. Page 2 12-13-12 Commissioner Parks stated if the applicant can remove a dangerous condition on the property by building this connection, he is in favor of approving the application. He added there are small things to do that may cost more money but will be worth it. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-26 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-111 NONCONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2012-022. Voting in favor:Chair Rahn, Commissioners Burfeind, Kuykendall, Parks, and Schorming And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 14, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM There were no discussion items. OTHER BUSINESS Commissioner Kuykendall stated this is her last meeting and she appreciated working with the Commission members and staff for the last five years but due to work commitments she is unable to continue to serve. There was no other business. ADJOURNMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. 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Carol Kleven would serve as Acting Mayor/President Pro Tem. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tern who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. •Dan Ryan (first elected November 7, 2006) •Carol Kleven (first elected November 2, 2010) •Lin Myszkowski (first elected January 24, 2012) •Kris Lawrence-Anderson (first elected November 6, 2012) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4.Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5.If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. -4- City Charter Last revised 10/20/2004 City of Brooklyn Center ATTEST: Deputy C erk Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92-262 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 # Date Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scutt, Jerry Pedlar, Dave Rosene, and Philip Cohen;and the following voted against the same: none,whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 7, 2013 Kyl.AAJidAA SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1.To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2.To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3.To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4.To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 14, 2013 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. 10c COUNCIL ITEM MEMORANDUM TO: FROM: DATE: SUBJECT: Curt Boganey, City Manager Sharon Knutson, City Clerk January 7, 2013 Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2013 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2013: Council Member Carol Kleven Lin Myszkowski Kris Lawrence-Anderson Kris Lawrence-Anderson Carol Kleven; Tim Willson — Alternate Dan Ryan; Tim Willson — Alternate Tim Willson; Dan Ryan — Alternate Dan Ryan Lin Myszkowski Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Ad Hoc Youth Advisory Commission Background: At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2012, Council Members were appointed as follows: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Ad Hoc Youth Advisory Commission Budget Issues: There are no budget issues to consider. Council Member Dan Ryan Lin Myszkowski Carol Kleven Kay Lasman Lin Myszkowslci; Tim Willson — Alternate Dan Ryan; Tim Willson — Alternate Tim Willson; Dan Ryan — Alternate Carol Kleven Dan Ryan City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: January 7, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk NANA( 411AAA -ev(_ SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall be appointed by the Mayor with majority consent of the Council. It is recommended that the City Council ratify the Mayor's reappointments to commissions with terms expiring as follows: Financial Commission — term to expire 12/31/2015 Steve Landis Dean Van Der Werf Park and Recreation Commission — term to expire 12/31/2015 John Russell Thomas Shinnick Planning Commission — term to expire 12/31/2014 Sean Rahn Stephen Schonning Background: Several commission member terms on City advisory commissions expired December 31, 2012. City staff liaisons to the commissions polled the members whose terms were expiring to determine their interest in continuing service on their respective commissions. A brief summary regarding the commission reappointments is attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions, as well as an attendance record of commissioners. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe conununi0 , that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2012, the Financial Commission terms of Steve Landis and Dean Van Der Werf expired. Messrs. Landis and Van Der Werf wish to continue their voluntary public service on the Financial Commission for another three-year term. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2012, the Housing Commission terms of Kris Lawrence- Anderson and Chereen Norstrud expired. Both members completed their terms and resigned effective December 31, 2012. Notice of vacancy has been posted. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2012, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Messrs. Russell and Shinnick wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two-year team On December 31, 2012, the Planning Commission terms of Kara Kuykendall, Stan Leino, Sean Rahn, and Stephen Schonning expired. Messrs. Leino, Rahn, and Schonning wish to continue their voluntary public service on the Planning Commission for another two-year term. Ms. Kuykendall completed her term and resigned effective December 31, 2012. Mayor Willson has indicated he will not be reappointing Stan Leino to the Planning Commission. Notice of vacancy has been posted. Northwest Hennepin Human Services Council Advisory Commission The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The Advisory Commission is composed of citizen representatives appointed for two-year terms by their respective City Council. Each member city appoints two representatives. On December 31, 2012, the Northwest Hennepin Human Services Council term of LeRoyce Walker expired. Ms. Walker completed her term and resigned effective December 31, 2012. Notice of vacancy has been posted. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2012, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. Mission: Ensuring an attractive, clean, safe commit/0 that enhances the quality of life and preserves the public trust City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members December 17, 2012 Neighborhoods Southeast Northeast Northwest West Central Central Current MembersApplicant(s) Dan Schueller Steve Landis Dean Van Der Werf Anissa Hollingshead Rex Newman Teneshia Plunkett Southwest One vacancy. 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(,) Nel 6 C.),c?g "Q 4-'0,1(1) CA ,-, Pi60.) 4:1 2Q C In el6c„,, 4:2 2Ca 0 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: January 7, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Patricia Glenn, 6511 Humboldt Avenue North, #315, to the Financial Commission with term to expire December 31, 2013. Background: The Financial Commission is composed of a chairperson and six members. There is one vacancy on the commission. Notice of vacancy on the commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 from November 15, to December 17, 2012. Announcement was made in the November 22, 2012, Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the December 21, 2012, update. Attached for City Council Members only are copies of the application received: Patricia Glenn 6511 Humboldt Avenue North, #315 The applicant was notified that her application for appointment would be considered at the January 14, 2013, City Council meeting. Mayor Willson recommends appointment of Patricia Glenn. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members December 17, 2012 Neighborhoods Applicant(s)Current Members Dan Schueller Patricia Glenn Steve Landis Dean Van Der Werf Anissa Hollingshead Rex Newman Teneshia Plunkett Southeast Northeast Northwest West Central Central Southwest One vacancy. City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 144W. SUBJECT: Type IV 6-Month Provisional Rental License for 3401 47 th Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 3401 47 th Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license under the fonner two-year license system and was revoked by the City Council on 02-27-2012. This property qualifies for a Type IV provisional rental license based on 103 (4.68/unit) property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-27-2012 08-10-2012 09-24-2012 11-08-2012 11-08-2012 The previous rental license was revoked by the City Council. (see attached Resolution No. 2012-37) The Owner, Phillip Scott Clover, applied for renewal of the rental dwelling license for 3401 47 th Avenue North, a one building, 22 unit dwelling. An initial rental inspection was conducted. 103 property code violations were cited (4.68/unit), see attached rental criteria. A second rental inspection was conducted and failed. The property owner was notified of the $300 in reinspection fees owed for the failed inspection. 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 11-19-2012 11-19-2012 11-19-2012 11-30-2012 12-17-2012 12-27-2012 01-08-2013 A follow up inspection was conducted and passed with weather deferral items (painting of soffit and fascia). The owner paid the $300 in reinspection fees. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 Mission: Ensuring an attractive, clean, safe, inclusive conununhy that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as• approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. 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, 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 perfolm 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 i Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quail°, of life for alipeople and preserves the public trust Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0 25 but not more than 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 3-4 units Greater than 3 Greater than 1 5 or more units Greater than 0.50 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 - Attachment I: Mitigation Plan - Attachment II: Resolution No. 2012-37 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment I: Mitigation Plan I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenterorg - Aentitl License: ' 4_,ieense Expiration Date: (318 /282 °12 *PeliChWg hpe laieense Exp, Date: ()/2 5497-4,2 _ _ _ -ik-radtWa jrcittoiT ectiOn Eriape-Pty In 611111Atiov 777 Tropertv Add ress:3401-47 AVe N r 4rooklyn Center uover Manage I Local Agent: Bob Wulf P) er Address: '.!P"'"er [mail: sclover©roseprops.corn ,,,,Icr Name: — SgpoR 11 — Reg ui ti$ 4oc u uwits Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 th of each month (after license approval). _rttiatv iJa=sui Use written lease including Crime Free Housing Lease Addendum. 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. Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. 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. Page 1 Type IV Mitigation Plan Rev 11-16-11 R--.1 4. Attend City approved eight hour Crime Free Housing Date Course Completed: or course. Date Course Scheduled:02/1012012 Phase IIL.L.1 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: December 26, 2012 Improvements to be completed by: February 20, 2012 Phase III (two). & 03114113 1 ,/ II will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 01110/2013 Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify I 1 Ii will have no repeat code violations documented Type 1Y License expiration for a Type IV Rental within the past year. crime prevention techniques. provided for common capital worn or otherwise in violation date? I Yes 0 No License upon renewal. previously For properties with four or more units: 1 1 II training includeswill conduct resident annually thatI/ Il will hold regular resident meetings. i iw• , . ...V.I.t.e., . Tts ,-,- , .• . Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, replacement date will require earlier corrections. items. Funding prior to the estimated Date Last Replaced Estimated Replacement Date 2018Furnace/AC-Non known Water Heater-6331-1097, 6401-1999.6425.2012 2037 Kitchen Appliances-2018 Laundry Appliances-2025 Exterior -Paint/Siding, fascia, trim 2037 -Windows 2037 -Roof S 2025 -Fence 2018 -Shed -Garage 2050 -Driveway 2018 -Sidewalks 2050 Smoke Alarms & Carbon Monoxide Alarms 2012 2018 Other s Implementing the following best practices may assist in theryciricking the boxes below, you agree to: 1. Check in with tenants every 30 days. ,011 'I' management of your property. month. 43,241.' .3r.,:: II i I 2. Drive by property to check for violations twice a Type IV Mitigation Plan Rev 11-16-11Page 2 3 Evict tenants in violation of the lease and all addendums.4-1 4. Provide lawn/snow service. 5. Provide garbage service. 6 Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): 11-1.I I I I II I itigation Plan Approved By: once Department / Title Date 2-- Dateuildi g munity Standards Department / Title 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 th 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 Bob Wulf Owner or Agent Name and Title (Please Print) Owner or nt Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 Attachment II: Resolution No. 2012-37 adoption: Member Kay Lasman introduced the following resolution and moved its RESOLUTION NO. 2012-37 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 6331, 6401 AND 6425 BEARD AVENUE NORTH AND 3401 47TH AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 13th day of February, 2012, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Commers-Clover LLP (the "Licensee") for 6331, 6401 and 6425 Beard Avenue North and 3401 47th Avenue North (the "Subject Properties"), pursuant to Sections 12-901 and 12-910 of the Brooklyn Center City Code. Evidence on the alleged violations was represented by Sharon Knutson, City Clerk. The Licensee was represented by Scott Clover and Bob Wolf. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1.Licensee is the holder of a regular rental license for the Subject Properties. 2.City Code Section 12-901, paragraph 9 provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities and assessments. 3.Notice of this proposed license action was mailed to Licensee. 4.Received in evidence was a copy of the notice of violation and the notice of proposed license action. 5.The Licensee's rental license for the apartment complex at 6331, 6401 and 6425 Beard Avenue North expired on October 31, 2011. The Licensee's rental license for the property at 3401 47th Avenue North expired on November 30, 2011. Applications for renewal on all properties have been submitted. 6.The City Clerk testified that as of February 7, 2012, utility charges in the total amount of $7,196.33 were unpaid and real estate taxes plus interest and penalties in the total amount of $22,020.27 were due and unpaid for the properties at 6331, 6401 and 6425 Beard Avenue North, The City RESOLUTION NO, 2012-37 Clerk testified that as of February 7, 2012 utility charges in the amount of $4,409.28 were unpaid and real estate taxes plus interest and penalties in the amount of $13,502.40 were due and unpaid for the property at 3401 47th Avenue North. 7. This is the second instance since 2008 when property taxes and utilities were not paid when due. The first occurred when first half taxes 2011 were not paid when due but were paid prior to notification of Licensee of a hearing. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1.The rental housing licenses held by Licensee for all rental dwellings at the Subject Properties are revoked for six months from the date of this Order. No application for new licenses shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 9. No application for a new license will be accepted for processing until July 1, 2012. 2.This revocation applies to all parts of the Subject Properties. 3.Revocation shall be effective on and from February 27, 2012, 4.The City Clerk is directed to mail a copy of the Resolution to the licensee. 5.The Licensee is advised that Brooklyn Center City Ordinances, Section 12-910, paragraph 8 prohibits the reletting, rental or occupancy of rental units that are vacant at the time of revocation and/or that become vacant during the period of revocation and until the Licensee has a valid rental license. 6.The Licensee is further advised that Brooklyn Center City Code, Section 12-910, paragraph 8 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 27th day of February, 2012. RESOLUTION NO. 2012-37 February 27, 2012 Date ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Carol Kleven 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. City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jenetaM, 441Ata -a-- SUBJECT: Type IV 6-Month Provisional Rental License for 6331, 6401, 6425 Beard Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6331, 6401, 6425 Beard Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous license was revoked by the City Council on 2-27-2012. This property qualifies for a Type IV provisional rental license based on 278 (7.72/unit) property code violations found during the initial rental license inspection and two validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-27-2012 08-10-2012 09-25-2012 10-30-2012 11-08-2012 11-09-2012 The previous rental license was revoked by the City Council. (see attached Resolution No. 2012-37). The Owner, Phillip Scott Clover, applied for renewal of the rental dwelling license 6331, 6401, 6425 Beard Ave N, a three building, 36 unit dwelling. An initial rental inspection was conducted. 278 property code violations were cited (7.72/unit), see attached rental criteria. A second rental inspection was conducted and failed. A follow-up inspection was conducted and failed. The property owner was notified of the $1,300 in reinspection fees owed for the failed inspections. 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 11-09-2012 11-19-2012 12-17-2012 12-26-2012 01-08-2013 The owner paid the $1,300 in reinspection fees that were owed for the property. A follow up inspection was conducted and passed with weather deferral items (painting of siding, soffit and fascia, restriping and filling in potholes in parking lot, and providing appropriate ground cover around the buildings). City records indicate two validated police incident/nuisance calls occurred in the past twelve months (08-08-12 theft and 11-26-12 burglary). 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. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. 11-19-2012 11-30-2012 If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tntst COUNCIL ITEM MEMORANDUM disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified 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 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 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 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 - Attachment I: Mitigation Plan - Attachment II: Resolution No. 2012-37 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust I City of Brooklyn Center 6303. Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TN 711 Fax: 763-569-3360 www,cityofbrooklyncenter.ora MOM& Joym Attachement I: Mitigation Plan Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Expiration Date is 2/28/13 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 ongoine 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. 'tor Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). e 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 1 Type IV Mitigation Plan Rev 11-16-11 F-77 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 02J10/2012 Phase Il Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: December 26, 2012 Improvements to be completed by: February 20, 2012 Phase III [ ,/ II will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 0111012013 & 03114/13 Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. ID No t 1 II will have no repeat code violations documented within thepreviously past year. For properties with four or more units: NI 1 includeswill conduct resident training annually that crime prevention techniques. 1 1 ii will hold regular resident meetings. ni i li r - - i - ., , ,. ' • - , ' -..4--t— ' ,_ nx..--5w42,-.7,-frA, 'v.:- t n I 1,_). k -..._--,-, 'a. Olt' "Yil..atr.s ll'i - 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-Won known 2026 Water Heater-6331-1997, 6401-1939, 6425-2012 2026 Kitchen Appliances-2018 Laundry Appliances-2025 Exterior -Paint/Siding, fascia, trim 2013 -Windows 2037 -Roof 2018 -Fence -Shed -Garage 2050 -Driveway 2050 -Sidewalks 2012 2050 2018Smoke Alarms & Carbon Monoxide Alarms Other ."—Irtnalt , ertYSIM. 1 ''''''''' 4 t c .--nm_,,,las3,:„y„ 13 ' :"—i ht Implementing the following best practices may assist in the management of your property. pgirking the boxes below, you agree to: 1. Check in with tenants every 30 days. '''' -_,!-1 •-• 1' ', r - II i I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 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): 1 I L/ 1 I For City Use--Mitigation Plan Approved By: ;Ay / *4,5 Police Department / Title uilding oiciminity Standards Department / Title Date Date 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 10th 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 Bob Wulf Owner or Agent Name and Title (Please Print) Azilke Owner o Fent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 Attachment II: Resolution No. 2012-37 Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -37 RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 6331, 6401 AND 6425 BEARD AVENUE NORTH AND 3401 47TH AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 13th day of February, 2012, at 7:00 p.m. at the Brooklyn Center City Hall on the matter of the rental license of Comrners-Clover H LLP (the "Licensee") for 6331, 6401 and 6425 Beard Avenue North and 3401 47th Avenue North (the "Subject Properties"), pursuant to Sections 12-901 and 12-910 of the Brooklyn Center City Code. Evidence on the alleged violations was represented by Sharon Knutson, City Clerk. The Licensee was represented by Scott Clover and Bob Wolf. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1.Licensee is the holder of a regular rental license for the Subject Properties. 2.City Code Section 12-901, paragraph 9 provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, utilities and assessments. 3.Notice of this proposed license action was mailed to Licensee. 4.Received in evidence was a copy of the notice of violation and the notice of proposed license action. 5.The Licensee's rental license for the apartment complex at 6331, 6401 and 6425 Beard Avenue North expired on October 31, 2011. The Licensee's rental license for the property at 3401 47th Avenue North expired on November 30, 2011. Applications for renewal on all properties have been submitted. 6.The City Clerk testified that as of February 7, 2012, utility charges in the total amount of $7,196.33 were unpaid and real estate taxes plus interest and penalties in the total amount of $22,020,27 were due and unpaid for the properties at 6331, 6401 and 6425 Beard Avenue North. The City RESOLUTION NO. 2012-37 Clerk testified that as of February 7, 2012 utility charges in the amount of $4,409.28 were unpaid and real estate taxes plus interest and penalties in the amount of $13,502.40 were due and unpaid for the property at 3401 47th Avenue North. 7. This is the second instance since 2008 when property taxes and utilities were not paid when due. The first occurred when first half taxes 2011 were not paid when due but were paid prior to notification of Licensee of a hearing. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1.The rental housing licenses held by Licensee for all rental dwellings at the Subject Properties are revoked for six months from the date of this Order. No application for new licenses shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 9. No application for a new license will be accepted for processing until July 1, 2012. 2.This revocation applies to all parts of the Subject Properties. 3. Revocation shall be effective on and from February 27, 2012. 4, The City Clerk is directed to mail a copy of the Resolution to the licensee. 5.The Licensee is advised that Brooklyn Center City Ordinances, Section 12-910, paragraph 8 prohibits the reletting, rental or occupancy of rental units that are vacant at the time of revocation and/or that become vacant during the period of revocation and until the Licensee has a valid rental license. 6.The Licensee is further advised that Brooklyn Center City Code, Section 12-910, paragraph 8 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 27th day of February, 2012. RESOLUTION NO, 2012-37 February 27, 2012 Date M ayor ATTEST: The motion for -the adoption of the foregoing resolution was duly seconded by member Carol Kleven and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Mn Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10h COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6012 Kyle Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6012 Kyle Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 19 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: 09-10-2012 10-08-2012 11-05-2012 11-05-2012 11-20-2012 11-29-2012 The Owner, James Hager, applied for renewal of the rental dwelling license for 6012 Kyle Avenue North, a single family dwelling. An initial rental inspection was conducted. Nineteen property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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. 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 people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-30-2012 12-04-2012 12-19-2012 01-08-2013 rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The previous rental license expired. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 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 consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public turst COUNCIL ITEM MEMORANDUM •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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 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 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 •Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 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 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 conununitT that enhances the quality of life for people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 11111111111111BUZ=2111111/1111Y DEC 0 3 2012 Phone: 763-569-3300 TlY 711 Fox: 763-569-3360 www.chyofbrooklyncenter.org Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be aceeptaL Please type or use fillabk form on City website. .: .., ., '. .,..., -.:- ...;',:, ..., ,..,:,...,eniBr ... •-::-.- -- - '': ii- ,.. „,......,,. , s: •?..14vaiii... - ... .... -.07 .., .. t ....?to !,-,,.. , a4 6t SIN .M pts W5.4...:,dr0.44. ....... . ,--- ... " .''. '.: % 3-..-:,1,' ''''' ‘,' .,..-=''z ',.:.•''',,.",14.:Vs-;.'43 . Viritziie,f,r.- ..,:f ...d&itii., .„....,. ,, ., ---Itans 230 7 -' ' Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Flan 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. :.1 :Y!‘:::"*.r .l.':1*2:2:::!;.:Mi..,?::.'''',!i'::::':;,.5:.':.,;:i!.:P3 :k;.Vt,c -d,s4:... Submit the following documents with the Mitigation Plan for approval: r7=1 , Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.it1 1 li 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum171 3. Submit written report by le of each month (after license approval). Phe Ii I Use written lease including Crime Free Housing Lease Addendum. I i I 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 addendtuns. Page 1 Type IV Mitigation Plan Rev 11-16-11 171 • Attend City approved eight hour Crime Free Housing course. Date Course Completed: Nati or Date Course Scheduled: Phase nIdj Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Schedule& 1213/2012 Improvements to be completed by: 121312012 Phase IIIF-7,-ii will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 11916°13 & 3114/2013 . Do these two meeting dates occur before the *Pending Type Inicense expiration date? (*See Section A) If no, you win only be able to qualify for a Type IV Rental License upon 0 Yes 0 No renewal. I will have no repeat code violations documented within thepreviously past year. For properties with four or ntore units: r:=I I will conduct resident training annually that includes crime prevention techniques. 1 i i will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC.2009 2039 Water Heater-2005 2026 Kitchen Appliances-110110 Laundry Appliances-2008 2028 Exterior -Paint/Siding, fascia, trim 2012 2022 -Windows 19132 2052 -Roof 2000 2030 -Fence 1970 2062 -Shed 2008 2032 -Garage 1062 2112 -Driveway 1962 2062 -Sidewalks 1962 2062 Smoke Alarms & Carbon Monoxide Alarms 2009 2019 Other(s) VOW t ......„ Vli.eflt *nd Conditions 'of Propex t- — 5MegtatAV Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I iir 1 1. Check in with tenants every 30 days.0 i I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 For City Use —Mitigation Plan Approved By: olice Department / Title dy Standards Department /Title 1151111 3. Evict tenants in violation of the lease and all addendums.1R 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. Centerpoint Energy Home senrice Pets111 7. Provide maintenance service plan for appliances. Name of service co.: Ez3 8 . 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.91 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 1041 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 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. James R. Hager - Owner Owner or Agent Name and Title (Please Print) 12/03/2012 Date Owner or Agent Signature Additional Owner or Agent Name and Title (f applicable) (Please Print) Additional Owner or Agent Signature Of applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10i COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5341 Girard Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5341 Girard Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 15 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-27-2012 The Owner, Jeremy Robertson, applied for renewal of the rental dwelling license for 5341 Girard Avenue North, a single family dwelling. 09-10-2012 An initial rental inspection was conducted. Fifteen property code violations were cited, see attached rental criteria. 10-29-2012 A second rental inspection was conducted and passed. 10-29-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 11-14-2012 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. 11-26-2012 A Mitigation Plan was submitted. 11-30-2012 The previous rental license expired. 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 12-04-2012 The Mitigation Plan was finalized 01-08-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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. 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 detelmining 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 Year1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for 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 City of Brooklyn Center 630 Shingle Creek Parkway dte Brooklyn Center, MN 55430-2199 '1- -16 3r3r, 7 r:' 71 T. Lc fi:9-3:2160 Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use finable form on CIO website. Section A— Property Information Property Address; 5341 Girard Ave N Owner- -Name:Jeremy Robertson Local Agent: Owner Address: 8229 Boman Path, Inver Grove Heights, MN 55076 Agent Address:' Owner 6125985605 Agent Phone: — Owner Email: msu34 5@yahoo.com Agent Email: Rental License: New El Renewal: Current *Pending (Six months License Expiration Date: 11130/12 Type IV License Exp. Date: 5/30/13 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 i 1 I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.aI1 11 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendumrat3. Submit written report by le of each month (after license approval). Section C— Crime Free Housing Program Req_uirements Ira I. Use written lease including Crime Free Housing Lease Addendum. I .,/ I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if 1 1 J 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-1641 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: iimitet2 2 /20 /13 Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 12/31112 Improvements to he completed by: 1 /31 /13 Phase III I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 1110/13 & 3/141 1 3 Do these two meeting dates occur before the *Pending Type IV License expiration date? El Yes 0 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal El I will have no repeat code violations previously documented within the Ng year. For properties with four or more units: CZ:3 1 will conduct resident training annually that includes crime prevention techniques.r 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 replacement date will re uire earlier corrections, Date Last Replaced Estimated Replacement Date Furnace/AC-unsure 6/112020 Water Heater-4/1/12 4/1/2024 Kitchen Appliances-unsure 6/1/2020 Laundry Appliances-8/1/12 6/1/2024 Exterior -Paint/Siding, fascia, trim ... _1011/1 10/1/18 -Windows unsure 6/1/2020 -Roof envim 6/1/2020 -Fence unsure 6/1/2020 -Shed Wa We -Cinrage unsure 611/2020 -Driveway unsure 611/2020 -Sidewalks rife n/a Smoke Alarms & Carbon Monoxide Alarms 91112008 611/2024 Othe s)- 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 lo: 1 1 I. Check in with tenants every 30 days.IT /I 2. Drive by property to check for violations twice a month. Page 2 Type Kr mitigation Mao Rev 11-16-11 F7m Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. S. 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): ILL! II 1 Please read thoroughly: lithe 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 th 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 ill 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. iittv (' 0,VA Owner or Agent Name and Title (Please Print) n ivr V (J17 ti ner or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV tvlitigation Plan Rev 11-16-11 City Council Agenda Item No. 10j COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 46,04- 1411/v(--- SUBJECT: Type IV 6-Month Provisional Rental License for 7044 Drew Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7044 Drew Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 11 property code violations found during the initial rental license inspection. 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: 10-12-2012 The Owners, Jennifer Lenhart and Jan Mohrfeld, applied for an initial rental dwelling license for 7044 Drew Avenue North, a single-family residential property. 10-23-2012 An initial rental inspection was conducted. (Eleven property code violations were cited, see attached rental criteria) 11-26-2012 A second rental inspection was conducted and passed. 12-04-2012 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-20-2012 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. 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 people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-21-2012 A Mitigation Plan was submitted. 12-26-2012 The Mitigation Plan was finalized. 01-08-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for 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. 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 (Based on Property Code Only) Number of UnitsProperty Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 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 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of UnitsValidated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3-4 Units Greater than 1 5 or more unitsGreater 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 - 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 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Is.1.1 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityoftwooklyncentenorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Property Address: 7044 Drew Ave, Brooklyn Center Owner Name: Jan Mohrfeld/Jennifer Lenhart Leeel Agent: Owner Address: 6575 Balsam Lane No, Mos* Grove. MN 55369 Agent Address: Owner Phone.. • Jrut-612445-07991.1-612-386-5133 Agent Phone: Owner Email: JM-goarmiantwahoo.cornimennygentvotpm.„n Agent Email: Rental License: New 0 Renewal: Current *Pending License Expiration Date: Type IV License Exp. Date: ir Ionlhsolgn,t__.?LIcurrentlicense'ration Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve The overall conditions and management of the property, NOTICE: Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1 1 ii Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. I 1 11 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by le of each month (after license approval), th I 1. Use written lease including Crime Free Housing Lease Addendum.I if I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I=4.,1 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: 12/4/2312 11030140 Park or Date Course Scheduled: Phase H1....11 Complete Security Assessment and implement all security improvements recommended by theBrooklyn Center Police Department. Date Scheduled: 1 /412013 Improvements to be completed by: Phase InI ,/ I I will attend a minimum of 50% of the ARM meetings (two).I will attend the ARM meetings scheduled for: 1110113 & 3114/2013 Do these two meeting dates occur before the *Pending Type 1 "V License expiration date? []Yes LI No (*See Section A) If no you will only be able to qualify for a Type IV Rental License upon renewal. will have no repeat code violations documented within the year.previously past For properties with four or more units: I includeswill conduct resident training annually that crime prevention techniques.I 1 I will hold regular resident meetings. 6 , i II! II .- ! ,tJjm rovementPI 1 --''---.r,?oi .,:f' k- ''• ' "4; ''.='; f' `.a', ''' "Based on condition and age, estimated replacement dates are provided for common capIal items. Fundingshould be considered accordingly. However, items broken, worn or otherwise in violet on prior to the estimatedre Ilacement date will re ' uire earlier corrections. Replacement 1.IIIIIIIIIIIIIII .III • . • ao:ording to seller -10 years 2015Laund A • *lances- according to sailer- 6 years 2016Exterior-Paint/Siding, fascia, trim-Windows-Roof-Fence 111111 -Shed-Garage-Driveway-Sidewalks Smoke Alarms & Carbon Monoxide AlarmsOther(„1 toCliti , i P ',.1 ill' I 'it) -"' 1 ,i1;qm ''' " t. , Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:1 1 1 1. Check in with tenants every 30 days.9 i 1 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Additional am and vi1Itethain CUrrerii-nn paYment of utility fees ; tuxes; giSeliirrients, fincl,impalties..-at4Mher , 'kense is apprOg.:¢y the City Conan:441re Licensee must omply.,with tlia:ApprOad • • 4040)ie::9_impoileo. No later thrititire 10 th ofenolt ca1endar:41104i; the licensee 0 .04, 641.11,3epartme44 wlittPii1Voif desC461441.10005 146-n0-i.1144. • • . .Ihf0,7400.,:proyi4ect Opc.syg:frue and accurate,. 1,-undeibtni10a.r. -0do n4ginnPIYAV_Ki.int -•vedMltigation Na; c6iffoli with of 4110.(ca0e ordintinceiwithin.Oligerlse'Pc454or operate beyondeiFifatkin.dtite . enforcement .adtiOili such as citittionsi •fort.complairit nrlicense.retriormay • • Moe PIMitigntion Plan Rev 11-161 : ANA Piln9 (Plee4sg Print) or Agent Signature (VOfiptic:abk) A P ArAypcP y; City Council Agenda Item No. 10k COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk c4,/lAtubm_ -KmAA1A{. SUBJECT: Type IV 6-Month Provisional Rental License for 2701 65th Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 2701 65th Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type III. This property qualifies for a Type IV provisional rental license based on 21 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 Depattments 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: The Owner, Trinh Vu, applied for renewal of the rental dwelling license for 2701 65th Avenue North, a single family dwelling. An initial rental inspection was conducted. Twenty-one property code violations were cited, see attached rental criteria. The inspector had a phone conversation with the owner regarding the rental license requirements. A second rental inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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 08-22-2012 09-11-2012 10-17-2012 11-06-2012 11-06-2012 11-20-2012 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 11-29-2012 11-30-2012 12-04-2012 12-19-2012 01-08-2013 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 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. The previous rental license expired. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. 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 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 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 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0 25 but not more than 1 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 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ••••iii • • WT:'•1•Pil 9 Page 1 Type IV Mitigation Plan Rev 11-16-11 City of Brooklyn Center Phone: 763-569-3300 TlY 711 6301 Shingle Creek Parkway Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofigooklyncenterorg I - Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. 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 ongoine 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: I I 1111111 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 le of each month (after license approval). ' eI 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. I ll 1-71 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 1211312011 or Date Course Scheduled: Phase IILaj.../1 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 10/20/2011 Improvements to be completed by: Phase III 1 / II 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 I V License expiration date? (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon El Yes No renewal. I will have no repeat documentedcode violations previously within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques.I I I will hold regular resident meetings. _ Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-October 2017 or as needed Water Heater-October 2009 October 2017 or as needed Kitchen Appliances-December 2009 October 2017 or as needed Laundry Appliances-December 2009 October 2017 or as needed Exterior -Paint/Siding, fascia, trim October 2012-Windows MiNIRaiimmied... -Roof pawo-oasegeal. OA -Fence Arbeageseeiech Zo • -Shed wimasveweeled4 V) -Garage November 2009 -Driveway when needed-Sidewalks NA Smoke Alarms & Carbon Monoxide Alarms November 2009 2011 tor Other $ye k,iau '1.15=h-,,'4 . ,• .J.i.221.1;.T.T.:.:s ,t. '''' ll ..''r42$ • _ ..„--f i : i',1 i_ , .._- „ Implementing the following best practices may assist in the management of your property.rshicking the boxes below, you agree to: I. Check in with tenants every 30 days. II i I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 3 .Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. S. Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: A 11/29/2012 Date Date Owner or Agent Signature Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 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): Li pn 1121 I'' Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th 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. Trinh Vu Owner or Agent Name an Title (Please Print) For City Use--Mitigation Plan Approved By: 41 ,P/c-- Dat Vt1/1 Date eff` ice Department / Title B lding Standards Department / Title City Council Agenda Item No. 101 COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )1 (10.A4YL SUBJECT: Type IV 6-Month Provisional Rental License for 7100 Kyle Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7100 Kyle Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 11 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase 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: 09-11-2012 The Owner, Michael Birchard, applied for renewal of the rental dwelling license for.7100 Kyle Avenue North, a single family dwelling. 09-11-2012 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 10-17-2012 A second rental inspection was conducted and passed. 10-17-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 11-06-2012 Delinquent utilities were paid. 11-14-2012 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 people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-29-2012 11-30-2012 11-3 0-20 12 12-07-2012 12-17-2012 12-19-2012 01-08-2013 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. The previous rental license expired. Staff met with the owner regarding plan requirements. Staff again met with the owner regarding plan requirements. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 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 seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 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 3+ units Greater than 1.5 but not more' than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 umts Greater than 0.25 but not more than 1 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 or more units Greater than 0.35 but not more than 0 50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust A D. IL272.E.inet I H I 5C, Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 11-01 3, Submit written report by 10" of each month (after license approval). I P) llei. 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 farms of the lease or any addendums. ,EMEEMIC 4.13 4fitC■04 City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fox: 763-569-3360 • . Brooklyn Center, MN 55430-2199 www.cityofbrookIyncenter.org tan111■1111M=.=-27,----ZZ,z`E=L_*-7.1=-4.1hWAVRNMEMI71M:7M6MIlWgirtaqil Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable forrn on City website. 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 toensure 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. Page 1 Type IV Mitigation Plan Rev 11-16-11 r"-- 4. Attend City approved eight hour Crime Free Housing course. VI_ eDate Course Completed: ' (0;40446 or Date Course Scheduled: - 1 C Lu. o1,,wi XriI Phase II 1::1 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled:Th u es . 13,/,A0/4111101 Improvements to be completed by: October 201g Phase HI1 1 ] I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: marct■14 & May 9 Do these two meeting dates occur before the *Pending Type IV License expiration date? ' (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon 0 Yes El No renewal. ( 1 I I will have no repeat code violations previously documented within the past year. For properties with four or more units: 1 11 I training that includes techniques.will conduct resident annually crime prevention i 1 I will hold regular resident meetings. .,-- ,_.,ti, - __, 1) IrattrAT: ' firf ..144 1-ItkiWP.-figtVEN5 A 744 A `k 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 violafon prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-May 2012 May 2024 Water Heater-2009 2035 Kitchen Appliances-2006 2030 Laundry Appliances- renter supplied renter supplied Exterior -Paint/Siding„ fascia, trim 2010 2020 -Windows 2001 2040 -Roof 1998 2023 -Fence -Shed none -Garage -Driveway 2005 2040 -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 2009 Other s '' , signin Artifirr Implementing the following best practices may assist in the iliklicking the boxes below, you agree to: 1. Check in with tenants every 30 days. f- 71,74,YX Mrtahtf,MD-5 management of your property. [I i 1 2. Drive by property to check for violations twice a month. Page 2 Type tV Mitigation Plan Rev 1146-11 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system.I I 7. Provide maintenance service plan for appliances. Name of service co.: I I II 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.7-1 9. Other(s): residents care for lawn, shovel snow, and provide garbage service. It's a fine area no security system needed. Date For City I Ise–Mitkation Plan Approved By: C)0c' (2/U111 ity Standards Department / Title Date Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10'h of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Michael Birchard & Raynard Hooker Owner or Agent Name and Title (Please Print) Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10m COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for Brookside Manor, 1121 - 1307 67th Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 1121 — 1307 67th Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent 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 748 property code violations (8.3/unit) found during the initial rental license inspection and five validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-21-2012 The Owner, Roger Anda, applied for renewal of the rental dwelling license for Brookside Manor, 1121 - 1307 67th Avenue North, a five building, 90 unit dwelling. 08-24-2012 An initial rental inspection was conducted. 748 property code violations (8.3/unit) were cited, see attached rental criteria. 09-30-2012 The previous rental license expired. 10-16-2012 and 10-17-2012 The second rental inspection was conducted and failed. 10-19-2012 Property was posted as unlicensed. 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 10-19-2012 10-29-2012 10-31-2012 10-3 1-20 12 11-14-2012 11-26-2012 12-04-2012 01-08-2013 The owners were notified the property was assessed $1600 in reinspection fees. The owner paid $1600 in reinspection fees. A follow-up inspection was conducted and passed. City records indicate five validated incident/nuisance calls occurred in the past twelve months. Incidents were (0.1/unit) 03/14/12 disturbance, 03/27/12 disturbance, 06/04/12 burglary, 07/25/12 disturbance, 09/05/12 burglary validated police. 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. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 temis, 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 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 approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. 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 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 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 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 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 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 Impact 3-4 units 0-0.25 5 or more units 0-0.35 i Decrease 1 Category 1-2 Greater than 1' but not more than 3 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust f-) Ps' City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyneentetorg mast - - _MUMMIONOotgla'• Rental License Mitigation Plan —Type IV Rental License Handwritten plans will not be accepted Please type or use finable form on City website. Based on property conditions andior validated pollee 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. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 111 of each month (after license approval). MI atY4 aMar:51ec'14.q0r.• - 1. Use written lease including Crime Free Housing Lease Addendum. IM 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 11-1641 ea 4. Attend City approved eight hour Crime Free Rousing course. Date Course Completed: August 33,2012 or Date Course Scheduled: Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. P...... Date Scheduled: Dec. 21, 2012 Improvements to be completed by t Li I I 3 Phase HI I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: January 10, 2013 & March 14, 2013 Do these two meeting dates occur before the *Pending Type IV License expiration date? LII Yes (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewaL III No I "/ Ii will have no repeat code violations documented within the past year.previously For properties with four or more units: I includeswill conduct resident training annually that crime prevention techniques.I i II will hold regular resident meetings. ...... --4,- lc _ t•-4 .., Ti...4.', -. I . IL! " I :a...A:A Lt 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. s.,i..f Date Last Replaced Estimated Replacement Date Furnace/Ac21X/C in each apartment replaced as needed . FUrnaoes as needed 1300 was 2010 or 2011 Water Heater-0 r, 5 0 r- ..e 2008 2009 2011 approximately? Kitchen Appliances-as needed Laundry Appliances-leased from coin mac*replaced appravbnatety 200a or 2009 Exterior -Paint/Siding, fascia, trim replaced or repaired 2012 as needed ,„1,„, x, -wi ndow dl 121- 103 1307 - 105 as needed last one replaced Nov. 2012 -Roof 1121 2011 1100 1301 1303 30 63 os wed%) V312 -Fence repaired 2012 as needed 40/ ,_ -Shed P°044hed de i,a__Ae pe,r'replace 2013 -Garage Ag wags roofs and &Binage rtpiecad AM -Driveway Repaired 2012 as needed -Sidewalks Repaired 2012 as needed Smoke Alarms & Carbon Monoxide Alarms 2012 as needed 0 e s Mr: •130...g.; 1 ir %L.. ' _ ' ' Implementing the following best practices may assist in therichicking the boxes below, you agree to: 1. Check in with tenants every 30 days. Tod up,. Wand pk....... pm... &Mr.. $61 1 " I , ::.{ management of your property. b---,/te/i .6' e)0 cr.) t, Ca fe. 76 4,1 . as needed XP .,... . . .. r latil9 71 , Ke /- _ A .. ioer l',/1 e. . . 0 iely d fa 5 Rh—, c-I a c 1 2. Drive by property to check for violations twice a month, r L ",,,, , oft 5 : r‹...., , Page 2 Type IV Mitigation Plan Rev 11-16-11 NMI 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.F-1 9, Other(s): Date November 26, 2012 Date Owner or Agent Name and Title (Please Print) /7) Owner or Agent Signature Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 3. Evict tenants in violation of the lease and all addendums.tp 4. Provide lawn/snow service. it 5. Provide garbage service. I 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.. I I 1 I our maintenance or replace. 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 th 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 ill 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, Sandra Rol Agent For Cy Pion Approved By; tt uilding unity Standards Department / Title Date City Council Agenda Item No. 10n COUNCIL ITEM MEMORANDUM DATE: January 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AWIA:61441511k-- SUBJECT: Type IV 6-Month Provisional Rental License for 3400 66 th Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and Resolution, and issuance of a Type IV 6-Month Provisional Rental License for 3400 66 th Avenue North. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: The owner is applying for a renewal rental license. The property qualifies for a Type IV Rental License based on the number of property code violations (nine) and validated police nuisance incidents (zero). Also, the property owner failed to meet the conditions(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates and failed to complete security improvements. The property owner received a previous Type IV Rental License that expired on 04-30-2012 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 staff has had several communications with the property owner regarding ordinance requirements and time frames. 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/Managers Association Meetings. City Ordinance Section 12-901 also requires a rental property to have a current rental license. This license has an expiration of October 31, 2012. If this rental license is approved, the property will continue to operate without a current rental license. Since the license application process has not been met for a current time period, legal actions are being taken through the Hennepin County court system. Staff is recommending approval of this Type IV Rental License in lieu of denial because the property met the standards for the license period being considered for Council action. Issuing this license for the past time period will meet any city obligations set 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 forth by ordinance and provide clearer records regarding license status and actions for this property. The following is a brief history of the license process actions. Current rental license approval activities: 06-05-2012 06-13-2012 06-18-2012 07-16-2012 07-25-2012 08-14-2012 08-14-2012 09-07-2012 09-26-2012 10-03-2012 10-22-2012 10-23-2012 10-25-2012 11-02-2012 11-07-2012 11-19-2012 01-08-2013 The owner, Solomon Frank-Sawari, applied for renewal of the rental dwelling license for 3400 66 th Avenue North, a single family dwelling. A $300 administrative citation was issued for operating without a valid rental license. The rental license expired 04-30-12. An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. A second inspection was conducted and failed. A $600 administrative citation was issued for operating without a valid rental license. A reinspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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. A $1200 administrative citation was issued for operating without a valid rental license. 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. A $125 administrative citation was issued for failing to submit a mitigation plan. The property was posted as unlicensed. A $2000 administrative citation was issued for operating without a valid rental license. A $250 administrative citation was issued for failing to submit a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. Prior Type IV Rental License approval activities: 08-30-2011 The Owner, Solomon Frank-Sawari, applied for renewal of the rental dwelling license for 3400 66 th Avenue N, a single family dwelling. 09-28-2011 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 10-28-2011 A second rental inspection was conducted and passed. 10-28-2011 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 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 10-31-2011 11-08-2011 12-29-2011 The rental license expired. 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. 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. A $125 citation was issued for failing to submit a mitigation plan. A $250 citation was issued for failing to submit a mitigation plan. A $500 citation was issued for failing to submit a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. All past due utilities were paid. A letter was sent to the owner notifying him that the hearing before the Council will be held April 9, 2012. The previous Type IV license expired. A $125 administrative citation was issued for failing to meet the mitigation plan requirements. A $250 administrative citation was issued for failing to meet the mitigation plan requirements. 01-27-2012 02-14-2012 03-20-2012 03-23-2012 03-27-2012 03-30-2012 03-30-2012 04-30-2012 05-09-2012 06-05-2012 If approved, after six months, a new rental license is 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 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 regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. 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. 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 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 defmed 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 (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 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 report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 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 - Copy of Mitigation Plan Approved as Part of the April 9, 2012 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 3400 66 th Avenue N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust 11 i07./0012 19: 47 7C25279891. •12ROADWAV1 PAGC ' Lrry err err ..,---4-.,,ier) Cente.'" 6301 Shingle Creek Parkway Brooklyn.Center, MN 53430-2199vagommossimommamINY Phone; 763-569-3300 771" 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org 41111MINIMPIIIMPROMORTMMITA I:M Rental. License Mitigation Pian—Type IV Rental License Handwritten plans will not be accepted, Please type or usefillable form on ClOY website. i,Mtilf,*-41.,„.„.5.~11Sentfiralgar Property•Addrestit 3400 66TH AVENUE 14; BROOKLYNILC!6• :',"1. l' '' :240iike il ■ti, . "Vtigi0 1:1-' 0041.4 ,.4i4 04 . . . Owner Napie: SOLOMON FF7ANK-SAWARI Local.Agetit: . .:. .. . .. , . •Owner Address: •0 . sto VVEiTenoADWAY AVE: N WO CRYSTAL MN 554B Agent Addrass: .. . . .•• . .,. . , ' ', ••OWn,r Phone: .612. 4s14 .)tv:',-i-c,17. ''‘'Y'r • • • Agent Phbria: .. , ,,,,. • . .. • .....„• ... . Owilei' Email ' Mtli l itTAX@Y.AHOO ;COM ... Agent Etnall: Rental License : New Kili ReneWal:. .Current •'Pending•Tylie •'iv's-months i,ieenee•E4Itation:Date:. . • IiiLleioset*:;.1)iite.:: ••• .:. #oin itirrenfiteensi eibirationl" . Raced on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Eivivro your iiroice application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Flan muot 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 TAM ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. '-: " 2.710,W.IIIMArs • rr.I.TeMir% Submit the following documents with the Mitigation Plan for approval: rn I Crime Free Housing Program Ttaining Certificate (if completed, if not completed, please includeI 3. Submit written report by 10 0 of each month (after license approval). /II 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum scheduled date in Section C. '7'..ttalie%ir "Ittr • '1‘. I-7e • VIN-fr4C:'Ph te I I. 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 11-1641 •PAGE 03 11/07/2012 19:47 . 795378891 BROADWAY1 i i 1 4 . Attend-City approveu vig1n. hut., oel,,.., 14.>0. TArttlChlanonrse. or Date Course Scheduled:Date Course Completed: Phase II improvements recommended by the to be completed by: 11/16/2012 Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 11/1912012 Improvements •base III I will attend a minimum of 50% of the ARM meetings (two). &I will attend the ARM meetings scheduled for: Do these two meeting dates occur before the *Pending.. . ....... ,., ,. . 4) Yr ..- ....... wilt nn1v he able to qualify For properties with four or more units: Type .11/ License expiration for a Type IV Rental crime prevention techniques. date? Yes I No License upon renewal. 11 includeswill conduct resident training annually thatr Irwill hold regular resident meetings. 000 . ...:‘•WOhtl4fitatilidliilTia".:0 . 44.0 . WO ,';'.'.".VK'''1.4..;:;:5::'..':', ."...••.." ''' provided for common capital items. Funding worn or otherwise in violation prior to the estimated Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, replacement date will require earlier corrections. Date Last Replaced Estimated Re .1acement Date Furnace/AC-04/01/2004 00130/2019 Water Heater-04/01/2004 0513012019 Kitchen Appliances-04101/2004 0513012019 Laundry Appliances-0410112004 0513012019 Exterior -Paint/Siding, fascia, trim -04101/2004 05130/2019 -Windows 04/01/2004 00130/2019 -Roof •04101/2004 05/30/2019 -Fence 040112004 05130/2019 -Shed 0401/2004 05130/2019 -Garage 0413112004 0513012019 -Driveway 04/01/2004 0513012019 -Sidewalks 040112004 05/3012019 Smoke Alarms & Carbon Monoxide Alarms 11/10/2012 1013012013 Other(s) ., .::$•'".'Mtai:iO:J'4,i.•$:•it "'.rOMi-':'/ii:'S':.#itVgia"':Otl4iMW•t•'..'R•k3 '::;Ot'•:!f.6Y'c.f'•'•T':i•• management of your property. . month, Implementing the following best practices may assist in the rert.ibVtChrgliftibligtegrIVPL. j ,,Ii i I 2, Drive by property to check for violations twice a Page 2 Type Iv mitigation Plan Rev 11-1641 0 • 1 ,0000,00 \DWIOwner or Agen Signi ure Owner or 4gent Namand Title (Please Print)ca,mi 1 .^.11/7/2012 Date Por City Usa—Mltigation Plan Approved ByeE-0 Date Lif u it Standards Department / Title Date of ce Department / Title Bull ngik .1 • 1713 Evict tenants in violation of the lease and all addendums.R 4. Provide lawn/snow service. I/ri 5. Provide garbage service. 6 install security system. CENTER POINT ENERGY $8RVICE 7. Provide maintenance service plan for appliances. Name of service co.: Irk 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 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 le 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 SOLOMON FRANK-SAWARI Additional Owner or Agent Name and Title Of applicable)(Please Print) Additional Owner or Agent Signature a f applicable) Date Page 3 Type IV Mitigation Plan Rev 11-1641 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3400 66 TH AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3400 66 th Avenue N, was issued a Type IV Rental License on April 9, 2012; 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 3400 66 th Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates; 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 3400 66 th Avenue N, Brooklyn Center, MN. January 14, 2013 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 January 14, 2013 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.Dynamic Message Signs within Public and Semi Public Places 2.Strategic Planning-Team Building Retreat 3.Charter Commission Request for Information 4.Brooklyn Boulevard Corridor Study Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.National League of Cities Service Line Program 2.Assessment Hearing Policy 3.Annual Reports — Departmental 4.Strategic Plan Annual Report 5. 2013 Legislative Issues Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: January 2, 2013 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Dynamic Message Signs within Public and Semi Public Places. Recommendation: It is recommended that the City Council consider providing direction on whether the Council believes there is a need to consider sign ordinance reforms to allow Dynamic Message Signs for Public and Semi-Public Places in all Districts. Background: Section 34-140 of the Sign Ordinance, Permitted Signs includes the following provision 1.General Requirements and Standards for Permitted Signs 2.Permitted Signs Not Requiring a Permit 3. Permitted Signs Requiring a Permit A.C-2, I-1, or 1-2 Districts B.C-1 and C-1A Districts C.Residential (R-1 through R-7) Districts D.Public and Semi-Public Places (All Districts) 1.Churches, synagogues, and temples 2.Other public and semi-public uses, including clubs and lodges. The permitted signs allowed for Public and Semi-Public Places are limited to the following: One freestanding sign with the sign area not to exceed 36 sq.ft. with a maximum sign height of 10 feet. A second sign is allowed for uses that abut two or more streets Properties entitled to a second sign may elect to erect a single freestanding sign not exceeding 72 sq. ft. in area nor 15 feet in height. Currently Dynamic Message Signs are only allowed as a permitted sign within Category A uses (C-2, I-1, and 1-2 Districts). Sign Ordinance — Dynamic Message Signs: In 2003, the City Council amended the sign ordinance to include provisions for Dynamic Message Signs: Definition: A dynamic messages sign, "DMS" also known as a changeable message sign, variable message sign or other similar name is an electrical or electro mechanical sign on which a message may be placed which can be changes remotely or on site through hard wire or wireless communications. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualiO , of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Permitted Signs: A dynamic Messages Sign "DMS" is permitted only in the C2, I-1 and 1-2 Districts. A DMS is also subject to the required of Section 34-140, Subd. 3. A of this ordinance (sign standards — types & sizes for C2, I-1 and 1-2 districts). A DMS message must remain constant for at least two seconds when such sign is in use. In 2008, the City Council reviewed the sign ordinance relating to Flashing, Rotating, and DMS signs, which resulted in the following amendments to the Sign Ordinance: The definition of a Sign Flashing — Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use including signs incorporating zooming, twinkling, fading or chasing actions. A Dynamic Message Sign or that portion of a sign providing public service information such as time, weather, date, temperature or similar information shall not be considered to be a flashing sign. The definition of a Sign Rotating — A sign or portion of a sign which turns about on an axis. Rotating Signs were identified as a Prohibited Sign in all Districts. (Section 34-140, Para. 4: "Flashing signs including indoor signs which are visible from the public streets and rotating signs") Policy Issues: The current sign ordinance restricts Public and Semi-Public Places from the use of electronic message boards to display messages and announcements of events and services. Public and Semi-Public Places include such places as the City Hall, Community Center, Hennepin County Library, and schools, The City has received a request from the Evergreen Park Community School to upgrade their manual message board to an electronic message center; additionally, staff is aware of other public places that are considering the opportunities of investing in an electronic message board to better communicate with the public. Does the City Council wish to consider an amendment to the Sign Ordinance that would allow Dynamic Message Signs at Public and Semi-Public Places? 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Background: The City directed that we plan for a strategic planning-team building retreat to be held in preferably in March, as we have done for the last several years. The Council also directed that we solicit proposals for this service from qualified facilitators for this service. We have drafted the enclosed RFP which we plan to distribute on Friday January 11th to several potential facilitators who have been identified as specializing in local government facilitation. The RFP is designed such that modifications can be added following the work session on Monday if needed. The purpose of the worksession is to answer questions about the RFP and assure that there is consensus regarding the expectations and the process proposed. Policy Issues: Does the RFP and selection process meet the needs and expectations of the City Council? Council Goals: Select not more than two. Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER City of BROOKLYN CENTER REQUEST FOR PROPOSALS (REP) FORA STRATEGIC PLANNING-TEAM BUILDING RETREAT Request for Proposals (RFP) for a Strategic Planning Retreat The City of Brooklyn Center is seeking a qualified person or firm to contract for facilitating services to guide a Strategic Planning — Teambuilding Retreat process. The deadline for submittals is 4:00 p.m. on January 31, 2013. See below for specific information and requirements. SUBMIT PROPOSAL TO: City of Brooklyn Center Office of the City Manager C/o Cornelius L. Boganey, City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763-569-3300 ABOUT THE CITY Brooklyn Center as a community of 8.4 square miles, located immediately north and west of Minneapolis, about six miles from downtown. It borders north Minneapolis along 53 r1 Avenue North, and this proximity stimulated its early development. To the east, the City's boundary is the Mississippi River; to the north, the City of Brooklyn Park and to the west and southwest, the cities of Crystal and Robbinsdale. Established in 1911 as an incorporated village, the area remained largely rural until after World War I. The population grew from 500 to 4,300 by 1950 and then exploded during the 1950s to 24, 356. According the 2010 census the population of Brooklyn Center was 30,104. Brooklyn Center and is among the most ethnically diverse communities in the State of Minnesota with a non-white population of about 51% The community is fully developed and has been experiencing substantial commercial, office and industrial redevelopment in recent years with projects such as the new FBI regional headquarters and Shingle Creek Crossing Shopping Center projects. More information about Brooklyn Center may be found at www.eityofbrooklyneenter.org BACKGROUND For the last several years the City Council and Department Directors have met annually in a one day Leadership Planning and Team Building Retreat. This retreat has been a very successful way of establishing goals, assessing progress and enhancing team spirit. During these retreats we have improved communication and developed consensus around important needs. The retreat has also served as a means of integrating new team members into the organization and its' values. Page 2 of 7 Over the years the Leadership Team has worked in concert to articulate clear Strategic and Ongoing Goals with measurable outcomes. This has been an iterative process that has expanded and improved over time. This planning has been effective in clarifying direction, communicating priorities and allocating resources. We expect that the consultant will work with the Council and staff to expand and improve upon this previous work. WHAT THE CITY IS LOOKING FOR The City of Brooklyn Center is seeking sealed proposals from qualified persons or firms to contract for consulting services to guide a Strategic Planning-Team Building process for the City. Consultants are invited to submit a proposal which includes an outline of their experience and qualifications in perfoitning work directly related to the services required. Strategic planning determines where an organization is going over the next few years or more, and how it's going to get there. A Strategic Plan is intended to help the City direct its efforts and resources toward a clearly defined vision for its future. The plan should include benchmarks or milestones that measure the City's progress along the way. Brooklyn Center is interested in having this plan completed proactively and transparently with community acceptance. While the details of the strategic planning process are to be determined and negotiated with the chosen consultant, a four step process to be considered may include: 1)Setting Direction (Environmental Scan and Vision) 2)Focusing Efforts (Goals and Priorities) 3)Implementation (Citywide/Department Plans) 4)Reporting (Progress). A strategic plan is a "living document" and should undergo periodic review and adjustment to reflect progress towards achievement of goals and/or modifications of goals. As a process and eventual working document, the Brooklyn Center Strategic Planning process and final document should provide a plan with 5, 10 and 20 year horizons to address the following issues: •Help the City of Brooklyn Center decide what it wants to be in the future, including identification of what makes Brooklyn Center unique and special, and how the City can position itself to be prepared for the future while still retaining those qualities. •Transform the conceptual goals of the visioning process into realistic, achievable targets. •Encourage engagement and spark the interest and excitement of active/passive residents, business and property owners, City officials/administration and staff, and others in the potential of the City. •Provide a process that allows general alignment and focus of the City Council, City administration, and staff, in addition to citizens, business interests, community groups, etc. to foster a sense of cohesion as to the City's strategic direction. Page 3 of 7 •Generate new ideas and discussion about the built environment, sustainability, sense of place, and the City's overall identity. •Chart an effective, considered, and innovative course of action for the City's future, setting priorities and maximizing innovative opportunities. •Serve as a way to organize and prioritize City initiatives and resources in order to achieve specific goals within a specific period of time, e.g., 3-6 year timeframe in the short term, and 7-20 year timeframe in the long term, with specific performance measures. •Plan for fiscal sustainability. SCOPE OF SERVICES Please see Attachment A. QUALIFICATIONS Any combination of skills and experience that can successfully and effectively address the scope of services. PROCESS FOR QUESTIONS For questions regarding the City's RFP process or the services being sought, please contact the Office of the City Manager, Assistant City Manager Vickie Schleuning via email at Vschleuning@ci.brooklyn-center.mn.us or via phone at (763) 569-3309, up to 4:00 p.m. on January 25, 2013. PROCESS AND TIMELINE FOR SELECTION The City's process and timeline for selection of a Consultant are as follows: Pre-Submittal Conference This will be an opportunity for potential candidates to ask questions and obtain information about the RFP process and the Strategic Planning Retreat Process. Attendance is optional. The Pre-Submittal Conference will be held at Brooklyn Center City Hall Council Chambers, January 18, 2013 at 1:00 p.m. Deadline for RFP Submittals Complete submittals are due no later than 4:00 p.m. on January 31, 2013. Consideration of Submittals and Selection of Interview Candidates An evaluation team will select candidate(s) to interview based on their submittals. This process will include review and rating of submittals, references, and other information as necessary. Interviews with Selected Candidates Interviews will be conducted of selected candidates and provide an opportunity for the City and selected candidates to further gauge their fit and ability to work with each other. Page 4 of 7 Please ensure that the appropriate representative, including the designated Project Manager, will be available to attend an interview if selected as a finalist. Selection of Preferred Candidate The City will select a preferred candidate, based on the interviews, written proposal, and other information, as well as the results of the reference checks. All candidates will be contacted about the results. Negotiation of Contract The City will attempt to negotiate a satisfactory contract with a preferred candidate. If the City determines, at its sole discretion, that the negotiation is not proceeding satisfactorily, the City may terminate negotiation with the preferred candidate and may begin negotiation with another candidate. Approval of Contract by City Council SUBMITTAL REQUIREMENTS To be considered, interested parties must submit by the deadline five copies (at least one that is unbound and photocopy ready) of a proposal package that includes the following: •Letter of interest — must be no more than two pages (note: one page is one side of an 8 I/2" x 11" paper) in length and include contact information and signature. •Summary of qualifications, experience and availability — must be no more than eight pages in length. It should summarize qualifications, relevant experience, and availability to participate in the RFP process (including Interviews) and provide services to the City. It should also identify key staff members who will be participating. •Proposed approach to the process- must be no more than five pages summarizing method and approach to providing consultant services to the City. •Proposed budget — must be no more than two pages and include detailed project costs, by task and estimated hours. Actual compensation is subject to contract negotiation. A third page may be added of additional tasks (and associated costs) that could be performed by the consultant team, in the event that the project budget was to be increased, and are proposed and described. •List of professional references — must be no more than one page listing most recent professional references and their contact information. •A minimum of three examples of relevant written work related to Visioning and Strategic Planning- at least one of which will represent a strategic plan prepared on behalf of a City or comparable entity. •Ability to meet the City's insurance requirement for minimum amounts of insurance- commercial general liability insurance and professional (errors and omissions) insurance in amounts not less than $2 million for the duration of the project. EVALUATION CRITERIA The following will be considered in evaluating each proposal: Page 5 of 7 •Completeness of response to the RFP requirements •Experience with similar projects •Creativity of approach •Demonstrated facilitation skills in successfully working with City Councils/staff, boards, commissions, community organizations, businesses and citizens •Demonstrated knowledge/experience with actual development of strategic plans and implementation of possible strategies •References •Cost GENERAL INFORMATION A.The City of Brooklyn Center, as an Equal Opportunity Employer, requires all consultants to affirm that they do not discriminate against individuals or firms because of their race, color, marital status, age, sex, national origin, handicap, creed or sexual orientation. B.All proposals submitted become public information and may be reviewed by anyone requesting to do so at the conclusion of the evaluation process. C.All proposals received by the City of Brooklyn Center in response to this RFP shall remain valid for ninety (90) days from the date of submittal. D.The City reserves the right to cancel or reissue the RFP or to revise the timeline at any time. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal process. The City may accept any proposal if such action is believed to be in the best interest of the City. E.The City is not liable for any cost incurred by the proposer prior to execution of a contract. F.This is a City project and holds liability for work with its consultants. The contract between the successful proposer and Brooklyn Center shall include all documents mutually entered into specifically, including the contract instrument, the RFP, and the response to the RFP. The contract must include, and be consistent with, the provisions stated in the RFP. G.The prime consultant will be required to assume the responsibility for all services offered in the proposal whether or not directly performed by the prime consultant. Further, the prime consultant will be the sole point of contact for the City of Brooklyn Center with regard to contractual matters. H.The project team shall be approved by the City of Brooklyn Center. The City must approve any changes in the project team. Page 6 of 7 • ATTACHMENT A SCOPE OF SERVICES The proposed scope of services must include at a minimum the following items. The successful candidate will be able to: Phase 1 • Gather and analyze information to become familiar with the City of Brooklyn Center. This includes conducting an internal and external scan, i.e., looking at or reviewing community's resources, strengths and assets in light of trends and factors affecting the community. o Review of recent community survey results to gauge public perceptions regarding the community and community needs. o Internal scan would include an inventory of community resources, e.g. City resources and finances, people, health, education, business and job opportunities, housing, art and culture, leisure, recreation and entertainment, and geography. o External scan would look at what is happening outside of the community on a local, regional and national level that may affect a community, e.g. demographics, economy and lifestyle trends. Describe the overall strategy to identify key challenges and opportunities. Develop an Action Plan and establish implementation steps and schedule. Establish benchmarks or milestones that measure the City's progress throughout the Strategic Planning process. • Coordinate the process with City staff. Phase 2 •Facilitation of a leadership retreat including City Council and the Executive Leadership Team. The facilitator will work with City staff to develop and implement an agenda that will: o Engage participants in the strategic planning process. o Finalize the Strategic Plan Goals, strategies and outcomes. o Provide opportunities to build a strong, effective working relationship among elected and appointed officials. Phase 3 •Develop a public involvement program that engages the community in the ongoing Strategic Planning process. Electronic surveys, community open houses, and other forms of community outreach could be used to achieve this objective. In addition, a statistically valid telephone survey may be used to solicit feedback from the community. This would result in summaries and analyses of all public input. Deliverables At a minimum, provide the following deliverables: •A recommended brochure detailing the Strategic Planning process for distribution to the public, •A recommended final Strategic Plan document that includes an implementation plan with benchmarks or milestones that measure the City's progress, and •A recommended Strategic Plan Executive Summary. Page 7 of 7 Potential Strategic Planning Retreat Facilitators As of 01-08-2013 Barbara Arney 3919 Thomas Avenue S Minneapolis, MN 55410 612-920-8619 BarbaraAPcomcast.net Karen Ray Karen Ray Associates 4542 Victor Path #8 Hugo, MN 55038 612-377-2128 KarenrayPvisi.com Dave Unmacht Springsted 380 Jackson St., Suite 300 St. Paul, MN 55101 651-223-3047 dunmacht@springsted.com Craig Rapp, LLC 750 North Rush Street Suite 2203 Chicago, IL 60611 312 242 1754 202 340 4114 mobile CraigPcraigrapp.com John Shardlow Stantec 2335 West Highway 36 St. Paul, MN 55113 651-967-4560 John.shardlowPbonestroo.com Don Salverda Donald Salverda & Associates Roseville Professional Center 2233 N. Hamline Avenue Roseville, MN 55113 651-484-1335 donsalverdafthotmail.com Brimeyer Fursman Executive Search 1666 Village Tr East Suite 7 Maplewood, MN 55109 Office phone: 651- 204-0441 infoPbrimgroup.com Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: January 10, 2013 TO: City Council FROM: Curt Boganey, City ManaA SUBJECT: Charter Commission Request for Information Recommendation: It is recommended that the City Council consider providing direction to staff regarding responses requested from the Charter Commission. Background: On December 26 th the City Clerk received a request from the Charter Commission Chair requesting response to seven questions per the enclosed e-mail. I have responded to the Chair with the enclosed memo. In as much as the City Charter is the governing document of the City it seemed appropriate to present these issues first to the City Council. The purpose of this worksession item is get further direction from the Council regarding how you wish for us to respond. Policy Issues: How does the Council prefer the staff to respond to the requests from the Charter Commission? Council Goals: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public Mist Curt Boganey From: Sharon Knutson Sent: Wednesday, December 26, 2012 12:53 PM To: Curt Boganey Subject: FW: Research for next Charter Commission Meeting? From: Stan James [mailto:flyfinn7(amsn.com ] Sent: Monday, December 24, 2012 10:04 PM To: Sharon Knutson; Vickie Schleuning Subject: Research for next Charter Commission Meeting? Dear Vickie and Sharon, At the Charter Commission's October 18, 2012 Meeting, the Charter Commission instructed me to forward several inquiries to City staff. 1.As a general matter, does the City staff have any concerns about the City Charter? 2.What is the approximate cost for a special election for a Council vacancy? 3.Why is the Planning Commission exempt from having a Council liaison? 4.Does the City have a uniform application for Council vacancies under Section 2.05b? 5.Are the timelines sufficient for staff to conduct a special election under Section 2.05a? 6.Has an Ordinance ever been enacted under Section 3.03? 7. Does the City have a set of procedures in place for Mayoral action in a public emergency or danger under Section 2.06? Please feel free to circulate these inquiries among City staff. Any responses that you can give prior to the January 17, 2013 Meeting would be appreciated. The replies can be whatever form you choose, i.e. no formal writing is required. E-mail replies are fine. Thank you! Stan Leino (763) 234-6137 1 Chairperson Leino, You have asked that staff respond to the questions below: Please let me know if you have questions regarding any of my responses. 1.As a general matter, does the City staff have any concerns about the City Charter? Before the staff engages in research regarding this issue, the City Council will be advised and we will follow the Councils direction. 2.What is the approximate cost for a special election for a Council vacancy? The typical cost of a special election is the range of $9,000-$10,000. 3.Why is the Planning Commission exempt from having a Council liaison? This matter will be reviewed with the City Council and response will be forwarded to the Commission. 4.Does the City have a uniform application for Council vacancies under Section 2.05b? The City does not have an application form for Council vacancies 5.Are the timelines sufficient for staff to conduct a special election under Section 2.05a? The time lines in the City Charter are inconsistent, insufficient and incompatible with State Statutes governing elections. 6.Has an Ordinance ever been enacted under Section 3.03? No. 7. Does the City have a set of procedures in place for Mayoral action in a public emergency or danger under Section 2.06? The City has a Council adopted comprehensive Emergency Operations Plan which sets forth procedures, lines of authority and protocols for managing natural, manmade disaster and or emergencies that occur in the City. This Plan developed by the North Suburban Emergency Management Planning Region incompliance with MN Stat Statute Chapter 12, places overall direction in the hands of the City Manager and or the Emergency Management Director. Given this Council adopted plan it appears the need to apply Section 2.06 would be extremely rare. The apparent procedure for enacting Section 2.06 is a majority vote of the City Council. Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION DATE: January 8, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Brooklyn Boulevard Corridor Study - Executive Summary Report Update Recommendation: It is recommended that the City Council consider and provide comment pertaining to the Brooklyn Boulevard Corridor Study Executive Summary. Background: The following provides an overview of key dates, meetings and components outlining the breadth of work and involvement pertaining to the Brooklyn Boulevard Corridor Study: •June 13, 2011 — City Council directed staff to proceed with Request for Proposals •September 12, 2011 — City Council authorized execution of professional services agreement, commencing study •June 11, 2012 and August 13, 2012— Two (2) City Council Work Session updates •June 19, 2012 and September 19, 2012— Two (2) Open Houses •Five (5) Technical Advisory Committee (TAC) meetings •Numerous other meetings and presentations (staff coordination, Rotary Club presentation, Minneapolis meeting and Open House attendance, etc.) •Corridor Study webpage on City website •Three (3) Newsletters The following work and documentation have been prepared and compiled and stand as the foundation for the Brooklyn Boulevard Corridor Study: •Vision and Goals and Existing Conditions Report •Brooklyn Boulevard Traffic Analysis •Recommended Concept Report •Implementation Plan •Interim and Ultimate Recommended Concept Layout •Implementation Plan Layout •Right-of-Way Map •Meeting Summaries and Comments •Planning Commission Resolution 2012-22 Attached for the Council's review and comment is the Brooklyn Boulevard Corridor Study Executive Summary Report. An overview of the draft document will be presented to the City Council. Upon final consideration, comment and guidance, all documents will be finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Policy Issues: Does the City Council have any comments pertaining to the Executive Summary Report? Does the City Council desire to consider adopting the Brooklyn Boulevard Corridor Study as an official planning and development guideline? Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 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 Brrooklyn ou DRAFT Summary Report evarci] Corridor Study City of Brooklyn Center Prepared by: Consulting Group, Inc. January 2013 Table of Contents Summary Report Preface 2 Introduction 3 Corridor Context 3 Process Summary 4 Public Outreach 4 Vision and Goals 5 Existing Conditions 5 Demographics 5 Land Use 5 Transit 6 Trails and Sidewalks 6 Traffic, Safety, and Access 6 Environmental and Cultural Constraints 6 Recommended Concept 7 Concept Development 7 Concept Components 9 Traffic Components 9 •Land Use Transition Areas 11 •Pedestrian Facility Components 13 •Off-Street Multi-Use Trail Components 13 •Streetscape Components 14 •Gateway Components 14 •Transit Components 15 Implementation Plan 16 Conclusions 20 Geometric Layout 20 Access Management 20 Land Use Transition Areas 20 Pedestrian/Bicycle Facilities 21 Intersection Safety Enhancements 21 Streetscape Character 21 Transit Components 21 Moving Forward 22 BROOKLYN BOULEVARD CORRIDOR STUDY 1 SRF Consulting Group, Inc. Summary Report Preface The Summary Report is intended to capture the breadth of work and documentation that was compiled during the Brooklyn Boulevard Corridor Study in 2012. The Summary Report captures key findings and recommendations prescribed in the Study's Vision and Goals and Existing Conditions Report, Recommended Concept Report and Implementation Plan. These plans serve as the foundation for the Brooklyn Boulevard Corridor Study. Various technical memorandums were also prepared during the course of this project. These supporting documents should serve as a guide when making future planning and engineering decisions. Furthermore, additional guidance has been given by elected leaders and policy makers. On November 29, 2012, the Planning Commission passed a resolution supporting the draft design concepts for the 2012 Brooklyn Boulevard Corridor Study, in addition to recommending future land use and design considerations along the corridor (Planning Commission Resolution 2012-22). Supporting Documents 1.Brooklyn Boulevard Traffic Analysis Technical Memorandum (July 23, 2012) 2.Brooklyn Boulevard Open House Summaries (June 19, 2012 and September 18, 2012) and Project Comments 3.Technical Advisory Committee Meeting Records (January 24, 2012, March 13, 2012, April 9, 2012, August 15, 2012 and November 14, 2012) 4.Interim and Ultimate Recommended Concepts Layouts 5.Implementation Plan Layout 6.Right-of-way Map BROOKLYN BOULEVARD CORRIDOR STUDY 2 SRF Consulting Group, Inc. Introduction The purpose of the Brooklyn Boulevard Corridor Study is to define a vision and future roadway concept for the corridor that can serve as the foundation for identifying financial resources for preliminary engineering and construction. The enhanced corridor would improve transportation for all modes; establish a cohesive streetscape design to encourage pedestrians, bicyclists, and transit users; and attract and retain businesses. Brooklyn Center's Comprehensive Plan (2008) also identifies Brooklyn Boulevard as a critical element within the City Center. Therefore, it merits focused efforts to renew, revitalize, and redevelop. In keeping with the recommendations of the Comprehensive Plan (2008), the City developed a vision for the future of Brooklyn Boulevard (see Vision and Goals) with input from agency and community stakeholders. Project partners include Hennepin County, Three Rivers Park District, the Minnesota Department of Transportation (MnDOT) and Metro Transit. The Summary Report highlights the planning process, existing conditions visions and goals and recommendations described in the Final Reports. More importantly, the Summary Report outlines the Implementation Plan. The intent of the Implementation Plan is to identify roadway projects along the Brooklyn Boulevard corridor that ultimately fit together and to develop a strategy to complete the comprehensive improvements to the corridor. Planning-level cost estimates are also included to understand the financial needs for the various projects. A summary of these improvements and cost estimates are included in Table 5. Corridor Context Brooklyn Boulevard serves as a primary corridor within Brooklyn Center's City Center, which is the triangle formed by Highway 100, Brooklyn Boulevard, and 1-694. The corridor serves as an alternative transportation connection between Minneapolis and the northern suburbs. As a minor arterial, the boulevard also provides access from Highways 100 and 1-694 to Shingle Creek Crossing. Shingle Creek Crossing is a 65 acre site, which was once anchored by the Brookdale Mall. The mall was closed in 2010 and is part of a larger redevelopment effort. These efforts have resulted in a new Wal-Mart and plans to add new commercial and retail space. Land uses along Brooklyn Boulevard reflect the evolution of the community from the time Brookdale Center was constructed in 1962 until today. Land use patterns closely resemble post- World War II housing that has remained in residential use, housing converted to commercial uses, smaller locally owned businesses, national chain businesses, and offices. The quality and character of development along the corridor also varies significantly and reflects eras of prosperity and disinvestment. Over the past 50 years, these land use patterns have resulted in a corridor that does not function at an optimal level. For instance, numerous driveways and access points create safety and operational concerns for motorists. Potentially incompatible adjacent land uses also reduce the quality of life for current occupants and dampen redevelopment opportunities. d Arterials inor, terial roadways .-emphasiz mobility for short to medium length trips and provide limited access to roperties. 3BROOKLYN BOULEVARD CORRIDOR STUDY SRF Consulting Group, Inc. A public mvolveReiit goal was developed for the Brooklyn oulevard Corrido—r Study: To develop a progressive vision and corridor concepts for Brooklyn Boulevard that balances the needs of land use, transportation, and livability improvements and will be supported by diverse stakeholders. The fitture vision for the corridor will reflect the transportation needs of the City and County, while considering the needs of all multimodal users of the corridor. Process Summary Throughout the study process, stakeholder input was gathered to identify existing issues, help shape the corridor vision and goals, develop the recommended concept, and specify implementation roles. On-going coordination with agency partners helped the study team to refine and select concepts and was also used to build consensus for long-term solutions. The study was led by the City of Brooklyn Center with participation from various agencies with decision-making authority (see Table 1). These study partners formed the Technical Advisory Committee (TAC) for the project and met seven times to provide input on study components, the recommended corridor concept, and implementation steps. The project team also consulted with the Brooklyn Center City Council to advise them of project progress and to gather input. Stakeholder Involvement The stakeholder involvement process had several key objectives: • Build agency consensus through on- going communicationcommunication and involvement. Develop successful, context- sensitive solutions through agency collaboration. Provide opportunities for public input prior to finalizing the corridor vision. Table 1: Study Partners .. ,Ageney Jurisdiction - Minnesota Department of Transportation 1-94 and Highway 100 interchanges and the bridge over Highway 100 Hennepin County Brooklyn Boulevard and intersecting County roads Metro Transit Transit operations and infrastructure Three Rivers Park DistrictTrail crossing at 55 th Avenue Public Outreach A breadth of public outreach efforts were used to engage the public. A project website, series of newsletters, and press coverage informed the public about the study and encouraged input. In addition, two open house meetings were held, which were open to the public. The first meeting focused on identifying existing corridor issues and presenting an early corridor concept for refinements and comments. The second meeting included a presentation of the recommended concept and implementation plan. Meeting attendees were generally supportive of the study and confirmed many similar existing issues identified by the study team and TAC. BROOKLYN BOULEVARD CORRIDOR STUDY 4 SRF Consulting Grow), Inc. Vision and Goals The Brooklyn Boulevard Corridor Study was guided by a vision and goals that addressed five topic areas. The vision for Brooklyn Boulevard was also established with input from agency and community stakeholders. The vision and goals are summarized in Table 2. Table 2: Vision and Goals Topic ,:..„.,1-,,,,„ Roadway Functionality Goal Improve roadway safety, improve traffic operations, reduce the number of access points to enhance mobility and safety, and address all modal needs. Land Use, Community Character and Redevelopment Identify land uses that are not compatible with the future vision for transportation functions, improve transitions to residential neighborhoods, develop a streetscape concept, and promote Complete Streets principles. Transit Enhance transit rider safety and comfort, improve transit operations, support transit ridership by providing transit supportive land uses, and identify deficient pedestrian access to bus stops. Pedestrian and Bicycle Facilities Identify gaps in the trail and sidewalk network, appropriate improvements given the corridor context, and key pedestrian crossing enhancements. Implementation Identify a comprehensive set of projects to build towards the long-term vision for the corridor, identify potential funding sources and agency responsibilities, prioritize needed improvements, and sustain long-term agency commitment to the study recommendations. Existing Conditions As part of the Brooklyn Boulevard Corridor Study, an Existing Conditions Study report was prepared to identify corridor issues. The identification and mapping of corridor needs, deficiencies, constraints, and opportunities assisted in refining the corridor vision and goals as well as the recommended corridor concept. An assessment of the existing conditions guided development of the recommended concept. A summary of key findings is presented below. Demographics Regional forecasts for Brooklyn Park indicate an increases in population (17 percent), households (11 percent), and employment (58 percent increase in retail employment, 100 percent increase in non-retail employment) over the next twenty years. These forecasts support the need for transportation improvements in the corridor. Land Use Single-family homes directly on Brooklyn Boulevard are recommended to transition to other land uses in the City of Brooklyn Center's Comprehensive Plan (2008), which recommends the redevelopment and reconfiguration of these parcels. As residences along Brooklyn Boulevard become available, the City will purchase these properties — this will enable site reconfiguration and parcel assembly to better fit the long-term corridor vision. BROOKLYN BOULEVARD CORRIDOR STUDY 5 SRF Consulting Grow Ind. Transit Existing transit routes, service levels, and amenities are generally adequate for the level of ridership in the corridor. Transit effectiveness along the corridor is hindered by a lack of pedestrian-oriented compact development that provides destinations for transit users. Improvements to transit infrastructure elements may also encourage land use changes and increase transit use. Trails and Sidewalks Sidewalks are present throughout the corridor but have inadequate boulevards, which create an uncomfortable environment for pedestrians. The free right turn configuration at some intersections and Highway 100 off ramps creates a challenge for pedestrians crossing the turn lane, causing them to defer to vehicles that are unlikely to give pedestrians the right of way. Additionally, trails are not continuous and better east-west crossings for bicyclists and pedestrians are needed. Streetscaping improvements would provide visual amenities and establish an identity for the corridor. Traffic, Safety, and Access The recommended concept for the corridor includes specific improvements, such as turn lane modifications, access closures, and geometric changes to address safety and traffic operation issues. Key issues identified include: •Free right turn from the 1-94 off ramps onto southbound Brooklyn Boulevard •Free right turn at the south Highway 100 off ramp to northbound Brooklyn Boulevard that presents a challenging pedestrian crossing •High turning volumes at the 51st Street/Brooklyn Boulevard intersection Environmental and Cultural Constraints During the inventory of existing conditions, no major issues were identified that substantially influenced concept development. Given the level of anticipated improvements and the lack of critical resources present, further study should not be required through an environmental review to implement the recommended changes. BROOKLYN BOULEVARD CORRIDOR STUDY 6 SRF Consulting Grow), Inc. Recommended Concept The recommended concept for this segment of Brooklyn Boulevard was developed to address the issues identified as part of the planning process, in addition to the findings listed in the vision and goals and existing conditions report. Visions and goals focused on improving; roadway functionality, land use and redevelopment, transit and pedestrian and bicycle facilities. The Recommended Concept Report provides a more in-depth view behind the technical analysis and findings. The recommend concept is summarized in Figure 2 and highlighted throughout this section. Concept Development The recommended geometric layout was developed over the course of the study in cooperation with TAC members. Early drafts were presented and discussed at TAC meetings and at the first public open house, then refined to respond to stakeholder input. The geometric layout incorporates a balance between the required functions of an "A Minor" Arterial (mobility and access) connecting 1-694 to Highway 100, and providing local access to adjacent businesses and connected neighborhoods. The layout also incorporates aesthetic components as well as multi- modal transportation needs, including vehicles, bicycles, pedestrians, and transit. Concept development began with consideration of the roadway's capacity and appropriateness of the speed limit for the context of the roadway. The existing four-lane roadway provides sufficient vehicular capacity and does not require expansion at this time based on coordination with Brooklyn Center, Hennepin County, and MnDOT staff as well as traffic operations review. The concept was also developed based on 40 miles per hour (mph) design speed north of TH 100 and 35 mph south of TH 100. The existing posted speed is 40 mph north of Highway 100 and is appropriate; however, the posted speed is typically determined based on a speed study. The existing posted speed of 35 mph south of TH 100 is appropriate as well as there are multiple direct residential accesses that are to be maintained. The 35-40 mph speeds fall within the low speed regime of MnDOT and Minnesota State Aid manuals for roadway facility design. The low speed regime allows more flexibility in lane width and turn-lane lengths on the roadway and with clear zone requirements to fixed objects behind the curb. Therefore, the layout incorporates 11- foot lanes to preserve the lower speed character of the roadway while also providing opportunity to increase amenities behind the curb, such as widened boulevards, plantings, wider sidewalk/trail width, and transit amenities, such as benches and/or shelters Concept development also took into consideration access management. As part of the study, existing access points were reviewed and compared with future land use plans. Direct access to Brooklyn Boulevard was recommended to be consistent with Hennepin County's access spacing guidelines of full access every 1/4 mile and partial access every 1/8 mile. The geometric layout developed for the project meets the intent of Hennepin County access spacing guidelines and calls for a raised median throughout the corridor from Highway 100 to 1-694. Various access points were also consolidated or eliminated for the recommended concept. The greatest impact to access will be between 58th Avenue (Bass Lake Road) and 63rd, where no median exists today. BROOKLYN BOULEVARD CORRIDOR STUDY 7 SRF Consulting Group, Inc. 1.49th Ave It. • •SUMMARY OF PROPOSED FUTURE CONCEPT Key Features •Trail along the west side throughout the corridor. •Sidewalk along the east side throughout the corridor. •10' minimum boulevards throughout (area between the sidewalk and the road). Segment A •Access management. •Median to channelize traffic. •Improved traffic operations on major side streets such as 63rd. Ave. •Improved boulevard/sidewalk spacing. •Right turn lanes at major side streets, •Improved control of traffic entering from I-94, •Land use change for improved business access. 5eqment B •Opportunities for streetscaping/amenities for new mall •.°°,area. •Realignment of frontage roads on west side to improve Brooklyn Boulevaid operations. 4 • Intersection improvements to better control vehicle - speeds, •Improved pedestrian and transit operations, Segment C •Bridge rehabilitation..51st Ave N. ••Revised three lane section to facilitate tight driveway - • spacing. •Improved sidewalk and trail for pedestrians and opportunity to connect with Minneapolis system. c. •- Figure 2: S11111111aq of Recommend Concept BROOKLYN BOULEVARD CORRIDOR STUDY 8 SRF Consulting Grow?, Inc. raffic- Temen •Left and right-turn lanes for a H roadway au n- anes may be longer based on capacity needs or enue North storage requirements) Desired Standard: 315 feet (this includes full width turn-lane and taper) Minimum Standard: 235 feet (this includes full width turn-lane and taper) 1 -94 South Ramp Intersection Modify the 1-94 off-ramp from a free channelized right-turn lane to a stop condition channelized right-turn Jane. 65th Avenue North Add a northbound right-turn lane of desired standard length. Revise the southbound right-turn .lane from an auxiliary lane from the I-94 ramp to a 300 to 500 foot right- 'n lane (full width). Ao • de right-turn lanes on the northbound and southbound approaches of desired standard length, although the northbound right-turn lane should start after the West Fire Station access. Remove the split-phasing on the cross-street and replace with a permissive-only phase. Consider providing an eastbound leading left turn phase (with 3rd car detection). With this being a signalized intersection, modify the eastbound approach to provide a left turn lane, theu lane and a right-turn lane. A lane for the right-turn movement for westbound is desirable, but not imperative. 2n venue North, 61st Avenue North 60th Avenue North/Admiral Lane and 59th Avenue North Provide right-turn lanes on the northbound and southbound approaches on a case-by-case basis and where space is available. Implementation could occur as right-of-way becomes available during redevelopment. •A future traffic signal may be warranted at 61st Avenue based on future redevelopment. Other factors to consider are pedestrian crossings_of Brooklyn Boulevard and transit locations at this intersection. Concept Components The geometric layout incorporates various elements to address the issues reviewed as part of the study. The Summary Report has highlighted a number of these components, including traffic components, land use transition areas, pedestrian/bicycle components, streetscaping, gateway and transit improvements. .4. Traffic Components Intersection geometry for the recommended concept is based on traffic analysis at various intersections along the corridor. Turn lanes will accommodate future traffic projections as the area grows and redevelops. Dual left-turn lanes from Brooklyn Boulevard onto 58th Avenue are included to accommodate traffic moves to destinations, such as the Brooklyn Center Transit Center and the redevelopment of Shingle Creek Crossing. Based on the findings, a list of recommended traffic elements is included in the recommended concept and layout. A summary of those elements are included in callout box below and on 10. BROOKLYN BOULEVARD CORRIDOR STUDY 9 SRF Consulting Group, Inc. Bass Lake Road (CSAH 10) •Add a second southbound left-turn lane (300 feet in length). •Extend westbound left-turn lane from 125 feet to at least the standard length. •Remove the northbound "auxiliary" lane from 56th Avenue North and replace with 300 to 500 foot right-turn lane. •Provide a right-turn lane into the Cub FoodsAVells Fargo access. Because of the intersection spacing between 56th Avenue North and this access, this right-turn lane will likely be shorter than the minimum standard length. •Extend eastbound turn lanes to provide 250 feet of storage (this will likely require purchase of home(s). Consider purchasing them as they become available on the south side of Bass Lake Road. •Remove all three channelized right-turn islands and provide a yield condition. 56th Avenue North •Modify westbound right-turn lane to a stop condition with no add lane. •Extend southbound left-turn lane to 400 feet of full width with taper. •Modify northbound right-turn channelized island to be a yield condition or modify the island (on the north side) to provide only one entering lane from the southbound left-turn movement (may need additional analysis). •Extend the northbound right turn lane to the desired standard length. 55th Avenue North •Remove westbound and northbound channelized right-turn islands and provide a stop condition. Extend northbound and southbound left-turn lanes to provide desired standard length. Realign west frontage road to provide greater intersection spacing from Brooklyn Boulevard. TH 100 North Ramp No recommendations but need to consider auxiliary lane from the TFI 100 South Ramp to 55th Avenue North. TH 100 South Ramp Modify off-ramp channelized right-turn lane to a stop condition and remove auxiliary lane to the north. Modify the northbound channelized right-turn onto the freeway on-ramp to tighter radius. Add the fourth approach (eastbound) and provide access to North Lilac Drive. Remove this access from 51st Avenue. Signalize the intersection. 51st Avenue North Provide connection to the T1-1 100 south ramp via Lilac Drive. Provide a southbound left-turn lane of desired standard length. 50th and 49th Avenue North •Could consider three-lane section, but would need Minneapolis to continue a similar roadway section. Other Private Access Provide right-turn lanes to private access locations based on case-by-case basis. Higher volume driveways may need right-turn lanes to provide a safer intersection. BROOKLYN BOULEVARD CORRIDOR STUDY 10 SRF Consulting Group, Inc. + Land Use Transition Areas Over the years, Brooklyn Boulevard has evolved into an "A Minor" Arterial roadway with high traffic volumes. The corridor will continue to serve this function based on future traffic forecasts and land use plans, which creates a need to improve the corridor's mobility and safety. As part of this effort, it is also important to recognize the City's long-term goal to redevelop single-family parcels along Brooklyn Boulevard to land uses better situated for this roadway, where higher traffic volumes would be seen as a benefit, rather than a drawback, to the adjacent land uses. As redevelopment occurs, access to these sites will need to be controlled to ensure the corridor's safety and mobility is not jeopardized. Therefore, the recommended concept has eliminated direct access to some of these parcels. These parcels would be considered as potential future land use transition areas and are located in five areas throughout the corridor. The future land use transition areas were analyzed to determine preliminary parcel redevelopment parameters that might affect future redevelopment. For all of the land use transition areas, future land use change and access transition would be contingent upon willing sellers and private market demand. Roadway reconfiguration may also require property acquisition, but allow for remnant parcel development. Table 3 summarizes the land use transition areas and the recommended roadway options. BROOKLYN BOULEVARD CORRIDOR STUDY 11 SRF Consulting Grow), Inc. Table 3: Land Use Transition Areas Location West Side of Brooklyn Boulevard Transition Area Intersection of 55th Ave./Brooklyn Blvd. Service Road Concept Summary The service road west of 55th Ave. would be realigned west, so the 55 th Ave. Service road intersection is closer to Northport Elementary School. Land Use Impacts The conceptual service road realignment would significantly impact nine parcels, such that these parcels would likely not be able to support future development. South of Bass Lake Road (Service Road Access Option) Access could occur from multiple points along the Brooklyn Blvd. Service Road. The main internal circulation would most likely occur between 57 th Ave. and the service road cul-de-sac, The proposed land use transition area south of Bass Lake Road is comprised of five parcels. These parcels would need to be assembled into a larger parcel to provide flexibility for future redevelopment. South of Bass Lake Road (Expanded Parcel Option) Abandon the Brooklyn Blvd. service road north of 57 111 Ave. and the service road cul- de-sac. Main access with the alternative option would be limited to 57 t11 Ave. The proposed land use transition area south of Bass Lake Road is comprised of 17 parcels. Internal circulation could potential be more flexible and provide better opportunities for redevelopment Admiral Lane to 61st Ave. Access drives could only occur off of Admiral Lane and 61 st Ave. Main internal circulation would occur between Admiral Lane and 61 st Ave. access drives. Potential uses for the area could be used for alternative types of senior housing, limited use office condominiums or could be combined with adjacent parcels to the west for future redevelopment. The area is comprised of 17 single family residential parcels. 61st Ave to 62nd Ave Access could occur off of 61st Ave or 62nd Ave. Potential uses for this area include an option for large scale senior housing or to relocate existing Brooklyn Boulevard businesses to an overall PUD. The area is comprised of two commercial parcels and one single family residential parcel. 62nd Ave to 63rd Ave Revised parking layout and access drives would allow boulevard treatments and off- street trails in the area and promote redevelopment. The area is comprfsed of three commercial parcels (includes current vacant lot). 63rd Ave. to Halifax Drive The access drive off of 63 1d Ave. should be located west of existing Ewing Lane and be setback from Brooklyn Blvd. Main internal circulation would occur between the 63 rd Ave. and Halifax Drive access drives, The area is comprised of 13 single family residential parcels. These parcels could be used for limited use office condominiums or combined with adjacent parcels to the west for future redevelopment. East of Brooklyn Boulevard 61st Ave.The transition concept includes the extension of 61 st Ave. east of Brooklyn Blvd. and the creation of a new cul-de-sac, The area is comprised of six commercial parcels and two multi-family residential parcels. One commercial parcel would be significantly impacted by the new cul-de-sac. 65th Ave.Access could occur off of 65th Ave or Ewing Ave. The area is comprised of 4 commercial parcels. BROOKLYN BOULEVARD CORRIDOR STUDY 12 SRF Consulting Group, Inc. Recommended Pedestrian Safety Improvements Include: Median refuge islands Countdown timers Future signal at 61st Avenue/Brooklyn Boulevard intersection 55th Avenue Regional Trail crossing An at-grade crossing is recommended to provide trail crossing accommodations with fewer property impacts' and lower cost than a grade- separated crossing. b Possible future overpass consideration with adjacent property redevelopment= opportunities. • • Pedestrian Facility Components The existing sidewalks along Brooklyn Boulevard are immediately adjacent to the curb or have minimal separation (three to five feet) from the roadway, which leads to an uncomfortable environment for pedestrians. The Recommended Concept includes wider boulevards throughout the corridor. Furthermore, the study recommends that a sidewalk be located on the east side of Brooklyn Boulevard, extending the full length of the study area from 49th Ave. to 1-694. The sidewalk is recommended to be buffered from the roadway with a 10-foot boulevard to enhance user comfort and safety. The study also includes a proposed realigned intersection at Admiral Lane/601h Avenue. The City may want to consider the construction of a sidewalk along Admiral Lane, 60th Avenue, and a short segment of Vincent Avenue. to make a convenient connection to Centennial Park. The City may also want to consider including a sidewalk along the extension of 61st Avenue. east of Brooklyn Boulevard and then a short off-street extension of the sidewalk east to Beard Avenue. •Off-Street Multi-Use Trail Components The study concluded that an off-street multi-use trail should be located on the west side of Brooklyn Boulevard, extending the full length of the study area from 49th Ave. to 1-694. The trail is recommended to be buffered from the roadway with a 10-foot boulevard to enhance user comfort and safety. Placing the multi-use trail on the west side provides convenient access to four neighborhood parks and one elementary school, in addition to linking adjacent communities. It also takes advantage of two existing trails along the west side of the roadway. On-street bike facilities were also examined as part of this study. Given that a four lane section along with a design speed of 40 mph are proposed for north of TH 100, an on-street bike facility is a concern from a safety standpoint and therefore not recommended for the area north of TH 100. The area south of TH 100, with a 35 mph design speed, and 3 lane section with shoulders, may allow for on-street bicycle facilities. It is recommended that the City coordinate with the City of Minneapolis when determining the feasibility of implementing bike lanes south of TH 100. BROOKLYN BOULEVARD CORRIDOR STUDY 13 SRF Consulting Group, Inc. • Streetscape Components Streetscape elements proposed for Brooklyn Boulevard build upon recently constructed streetscapes on Bass Lake Road and Xerxes Ave. Brooklyn Boulevard continues to reinforce the identity of this district as the community's commercial core. Streetscape elements such as street lights, maintenance strips, fencing and bus stops continue the vocabulary already established for the district. The concepts include recommendations for three character segments for streetscape elements. The segments include 49 th Ave. to TH 100, TH 100 to 59 th Ave., and 59 th Ave. to 1-694. In essence, each segment includes similar boulevard and median treatments (see call out boxes). However, a range of improvements is recommended for each of the segments as shown on the Recommended Concept Summary graphic. Streetscaping Improvements The boulevard treatment options include: •Turf grass with street trees •Maintenance strip •Sidewalk or trail •Sidewalk access to bus stops •Ornamental lighting Median treatment options include: •Ornamental lighting •Colored pavement and bollards in narrow medians •Turf grass with street trees and a maintenance strip in wide medians Landscape planting beds at the end of turf grass areas •Gateway Components Gateway monuments are recommended at key community and commercial area entrances to the corridor (for example, TH 100, Bass Lake Road, and 1-94). Intersections along Brooklyn Boulevard received one of three different streetscape treatment types (primary, secondary and no treatment), based on their role in providing community gateways, wayfinding, and streetscape character. Primary intersections are located at community gateways to announce arrival and entrance to the City or arrival to the City's commercial core. Primary intersections receive the highest level of streetscape treatment and may include large gateway monuments, heightened landscape plantings, seating and trash receptacles, and fencing/screening of adjacent parking lots. Secondary intersections are located at signalized intersections that are not primary intersections. These intersections include enhancements that create a pleasant environment for pedestrians as they wait to cross Brooklyn Boulevard. Secondary intersections receive some streetscape treatment, but not to the same extent as primary intersections and may include small monuments and landscape plantings. Proposed Gateways Primary Gateways •On and off ramps at T1-1 100 •58th Avenue •Bass Lake Road •1-694 Secondary Gateways •49th Avenue •55th Avenue •61st Avenue •63rd Avenue Both primary and secondary intersections will have marked crosswalks at signalized intersections with colored pavement at the intersections. BROOKLYN BOULEVARD CORRIDOR STUDY 14 SRF Consulting Grow), 111C. + Transit Components Transit is an important component of the transportation infrastructure within the Brooklyn Boulevard Corridor study area. A total of 10 bus routes operate on portions of Brooklyn Boulevard. Currently, there are no plans for additional increased transit service along Brooklyn Boulevard; however improvements to some bus stop locations and increased passenger amenities are recommended to encourage increased transit use in the conidor. Currently, there are 18 bus stops directly on Brooklyn Boulevard. Bus stop spacing in the corridor is approximately eight stops per mile. This type of spacing provides the greatest amount of access to transit customers by minimizing the distance users need to travel to a bus stop. No additional bus stops are needed along Brooklyn Boulevard. As development occurs, consideration should be given to the placement of buildings closer to Brooklyn Boulevard and to the placement of parking farther from the roadway. Building in this manner provides better access for transit customers to adjacent land uses. Along Brooklyn Boulevard, the majority of the bus stops are located at the near-side of an intersection; however, there are a few bus stops along the corridor that are at far-side and mid- block locations. Many of the existing bus stop locations along the corridor have been placed in appropriate locations; however, five locations were identified as problematic and needing to be relocated. In addition to adjusting the location of some bus stops, it is recommended that bus pull-outs on Brooklyn Boulevard be removed. This is recommended because removing the bus pull-outs and allowing buses to remain in the travel lane eliminates the need for buses to merge in and out of traffic, thus providing a faster travel time for transit customers. Removing the existing pull-outs also helps provide consistency in the corridor. As a part of the future roadway concept, a 10-foot boulevard is proposed between the edge of the roadway and the sidewalk. This boulevard along with the sidewalk width provide for an adequate pedestrian/transit patron distance from vehicles, eliminating the need to provide pull-outs for the sake of creating a delineated space for transit users. The future transit concept includes recommendations for three tiers of transit stop amenities based on ridership at each stop (See Table 4). Transit Tiers Low Volume Boarding Locations Recommendations At low volume boarding bus stop locations, a bench, trash receptacle, and landscaping elements are proposed. Medium Volume Boarding Locations At medium volume boarding bus stop locations, two benches, trash receptacle, and landscaping elements are proposed. High Volume Boarding Locations At high volume boarding bus stop locations, a passenger shelter, a bench, trash receptacle, a bicycle locker and bicycle racks, and landscaping elements are proposed. Lighting was also considered as it affects transit customer perceptions of safety and security at a bus stop as well as the use of the site by non-transit customers. Lighting can enhance a person's sense of comfort and security, especially in the evening and late evening. Bus stops should be coordinated with existing streetlights to provide a minimum level of lighting and security; lighting should be incorporated at medium- and high-volume boarding locations if feasible. BROOKLYN BOULEVARD CORRIDOR STUDY SRF Consulting Group, Inc. 15 Implementation Plan The implementation plan documents basic information, including a description of the location and design features for each project (see Table 5). Planning level cost estimates for each project are included to position the project for future funding opportunities. The overall improvements identified in the concept layout are estimated to cost in excess of $30 million. Improvements include the complete reconstruction of 1.1 miles of a four-lane urban facility with turn lanes and restricted access at cross streets and business driveways. Easement needs are in addition to the costs shown. The Implementation Plan also allows for traffic safety and operational benefits to be realized sooner rather than waiting for the entire project to be built. Projects can be timed to coincide with redevelopment as it occurs along the corridor. Furthermore, the Implementation Plan identifies smaller projects with independent utility that can be constructed in phases and are consistent with the Recommended Concept. Preliminary phased improvement projects have been identified as: •Pavement rehabilitation from 49th Avenue to 51st Avenue and conversion to a 3-lane section and addition of trail •Intersection and Frontage Road reconfiguration at 51st Avenue and South TH 100 Ramps Bridge over Highway 100 re-decking and reconfiguration Intersection, frontage road and access improvements between TH 100 and 65th Avenue Bass Lake Road Intersection Reconfiguration •Roadway reconstruction from Bass Lake Road to 65th Avenue 63rd Avenue Pavement rehabilitation / Reconstruction TH 94 Off-ramp reconfiguration Trail construction Streetscaping and other aesthetic improvements It is also important to recognize the scarcity of available funding and the reality that project funding will need to be acquired over time. Therefore, various funding sources have been identified to plan for potential funding. The Implementation Plan allows project partners to match smaller projects with realistic funding amounts. Potential funding sources include: •Surface Transportation Funding (STP) Federal funding program •State funding through MnDOT •Safe Routes to School — Federal Funding Program •Transportation Alternatives (TA) — Federal Funding Program •State Aid funding, City and/or County funding program •County Participation — Roadway •County Participation — Roadside Enhancement Partnership Program •Special grants •Local funds •Special assessments •Developer agreements BROOKLYN BOULEVARD CORRIDOR STUDY 16 SRF Consulting Group, Inc. Table 5: Project Description and Costs Project Name Project Type Project Description Estimated Project Cost Potential Funding Source Project Priority #1 - 49 th Ave to 51 st Ave Pavement Rehabilitation and Walk/Trail/ Streetscaping Located between 49th Avenue and 51st Avenue, this project would include a mill and overlay of the existing roadway, add trails and walks and convert the existing four-lane section to a three- lane section with shoulders. $598,000 A, B, D, E, F Ultimate 1 #1A - 49 th to51st Walk/Trail/ Streetscaping Located between 49th Avenue and 51st Avenue, this project would add trails and walks while maintaining the existing four- lane roadway configuration. $367,000 B, E, F Interim 1 Roadway Located between the TH 100 bridge and 51st Avenue, this project would reconstruct the #2 - 51 st to Til 100 Reconstruction and Intersection Improvements existing roadway, add a signal system at TH 100 south ramp intersection, add trails and sidewalks, modify the west frontage road access, and add a center median island. $3,152,000 A, D, E Ultimate 1 Bridge This project would be part of the MnDOT lead Ultimate#3 - TH 100 Bridge Rehabilitation TH 100 bridge re-decking scheduled for 2014.$1,569,000 G 1 Ave Frontage Road #4 — 55 th Street Realignment between TH 100 and Bass Lake Road, this project would combine roadway realignment at 55th Avenue to improve intersection spacing with Brooklyn Boulevard. $753,000 C, I Ultimate 3 Pavement Located between TH 100 and Bass Lake Road, this project would include a mill and overlay of the entire roadway with turn lane improvements. #5 - TH 100 Rehabilitation The project would also modify 55 th and 56 th Ave.Ultimate to Bass and interchanges by eliminating free right turn $1,217,000 A, B, D Lake Road Intersection Improvements movements to and from Brooklyn Boulevard. 4 The project does not include sidewalks, trails or streetscaping. #6 - Til 100 to Bass Lake Road Walk/Trail/ Streetscaping Located between TH 100 and Bass Lake Road, this project would add trails, walks and streetscaping. $1,343,000 B,E Interim 2 Intersection Improvements Located at the intersection of Bass Lake Road and Brooklyn Boulevard, this project would revise the existing intersection configuration by eliminating free right movements for enhanced Ultimate#7 - Bass and pedestrian access/safety and provide for dual left-$2,302,000 A, D, E Lake Road Walk/Trail/ Streetscaping turn lanes from southbound Brooklyn Boulevard to eastbound Bass Lake Road. The project would also include a frontage road cul-de-sac reconstruction south of Bass Lake Road. 2 BROOKLYN BOULEVARD CORRIDOR STUDY 17 SRF Consulting Grow', Inc. Table 5 (continued): Project Description and Costs Project Name ..,, ... Project Type Project Description Estimated Project Cost Potential Funding Source Project Priority Located between Bass Lake Road and 65th Roadway Avenue, this project would be the proposed #8 - Bass Reconstruction ultimate condition for the corridor by Ultimate Lake Road to 65 th Avenue and Walk/Trail/ Streetscaping reconstructing the existing roadway, adding center median islands for improved access control, signal system at 63rd Avenue, entrance modifications, trails and walks and streetscaping. $7,647,000 A, B, C, D, E 2 Located between Bass Lake Road and 65th Avenue, this project would be the proposed #8A - Bass Lake Road to 65 th Avenue Roadway Reconstruction and Walk/Trail/ Streetscaping interim condition for the corridor by reconstructing the existing roadway, signal system at 63rd Avenue, entrance modifications, trails and walks and streetscaping (center median islands would not be constructed as part of this project). $7 , 000582,A, B, C, D, E Interim 2 Located on 60th Avenue between Beard Avenue and Brooklyn Boulevard, this project would Ultimate #9 - 601h Street realign 60th Avenue (through the currently empty $389,000 H Avenue Realignment lot) to create an intersection with Admiral Lane to the west. 3 #10 - Access Street Located east of 61st Avenue, this project would construct a cul-de-sac! shared business access $199,000 H Ultimate Revisions Realignment point for properties in the area.3 Roadway Located on 63rd Avenue from France Avenue to rd#11 _ 63 Avenue Reconstruction and Pavement Rehabilitation Beard Avenue, this project would include a mill and overlay of the existing roadway and add turn lanes at Brooklyn Boulevard. $325,000 A Ultimate 2 Located on the eastbound TH 94 off-ramp to #12 - EB I-Intersection Brooklyn Boulevard, this project would revise Ultimate 94 Off Ramp Improvements the current intersection to eliminate the free right- turn onto Brooklyn Boulevard. $552,000 5 Located on the TH 94 westbound off-ramp to #13 - WB I -Intersection Brooklyn Boulevard, this project would revise Ultimate 94 Off Ramp Improvements the current intersection geometry to reduce the intersection skew with Brooklyn Boulevard. $923,000 G 5 Table Key (See next page) BROOKLYN BOULEVARD CORIUDOR STUDY 18 SRF Consulting Group, II1C. Table Key: Funding Sources: A- Surface Transportation Program B-Transportation Alternatives C-Safe Routes to School D-Hennepin County Participation —Roadway E — Hennepin County Participation — Roadside Enhancement Partnership Program F — Hennepin County Bikeway Gap Funding G—MnDOT State Funding H—Local Funds Project Priorities: 1- Current Program funding or Immediate known Safety Concerns 2 —Projects Identified to score well for potential funding 3 — Projects that accommodate land use changes 4 — Maintenance Projects 5 — Potential MnDOT projects The overall corridor was broken down into 13 potentially separate projects based on functionality, geographic location, independent utility, reasonable cost and type of project improvements. Some of the 13 projects could be broken-down further; in fact, a few are shown with interim and ultimate scenarios that allow for further flexibility from an implementation standpoint. For the task of prioritizing the various projects along the Brooklyn Boulevard corridor, a scale of 1 through 5 is utilized, with 1 being of highest priority and 5 being the least priority. Below is a summary of how each priority level is defined: •Priority 1 projects: Implemented over the next 1 year Currently programmed for funding or rehabilitation •Priority 2 projects: Implemented over the next 2 to 4 years Score favorably on near term funding solicitation (such as federal STP or TA applications). Immediate known safety concerns •Priority 3 projects: Implemented in 4 to 6 years Accommodate land use changes through redevelopment Provide safety and operational improvements in isolated areas •Priority 4 projects: Implemented in 6 to 10 years Pavement replacement/rehabilitation as needed over time Enhancement type projects that involve improvements behind the curb •Priority 5 projects: Implemented in 6 to 10 years Future projects likely to be built as part of larger project which at this time are not programmed. BROOKLYN BOULEVARD CORRIDOR STUDY 19 SRF Consulting Grow Inc. Conclusions Findings and recommendations from this study are described in greater detail in the Existing Conditions Report, the Recommend Concept Report and the Implementation Plan. Key conclusions and recommendations from this study are summarized below: Geometric Layout •The geometric layout incorporates a balance between the required functions of an "A Minor" Arterial (mobility and access) connecting 1-694 to TH 100. •The geometric layout includes 11-foot lanes to preserve the lower speed character of the roadway, while providing opportunity to increase pedestrian and bicycle amenities, and landscaping. •The existing four-lane roadway provides sufficient vehicular capacity and does not require expansion at this time. •The existing posted speed of 40 miles per hour design north of TH 100 and 35 mph south of TH 100 is appropriate at this time. Access Management •North of TH 100, direct access to Brooklyn Boulevard is recommended to follow Hennepin County spacing guidelines of full access every 1/4 mile and partial access every 1/8 mile. •South of TH 100, existing direct residential accesses are recommended to be maintained. The section of roadway has a lower design speed and characteristics consistent with a residential area where multiple accesses are present. •The greatest impact to access will be between 58th Avenue (Bass Lake Road) and 63rd, where no median exists today. Land Use Transition Areas •Single-family parcels along Brooklyn Boulevard will be redeveloped overtime to land uses better suited for this roadway, where higher traffic volumes would be seen as a benefit, rather than a drawback. •Roadway reconfiguration may require property acquisition that could allow for remnant parcel development. BROOKLM BOULEVARD CORRIDOR STUDY 20 SRF Consulting Group, Inc. Pedestrian/Bicycle Facilities •An off-street multi-use trail with boulevards is recommended to be located on the west side of Brooklyn Boulevard, extending the full length of the study area. •The study recommends a sidewalk with boulevards be located on the east side of Brooklyn Boulevard, extending the full length of the study area from 49 th Avenue to I- 694. •The public process did indicate a desire for an on-street facility. Intersection Safety Enhancements •Incorporate median refuge islands and countdown times throughout the study area. •Install a future traffic signal at the intersection of 61 st Avenue and Brooklyn Boulevard. •In order to accommodate the Twin Lakes Regional Trail crossing at 55 th Avenue, an at- grade crossing is recommended. The existing at grade crossing will be enhanced with the elimination of the free right island at 55 th Avenue. Streetscape Character •Improve the existing community gateway at 49 th Avenue. •Implement new community gateways at 1-694, TH 100 and at the southeast quadrant of Bass Lake Road and Brooklyn Boulevard. •Apply streetscaping design components throughout the corridor (e.g., turf grass with street trees, maintenance strip, ornamental lighting with banners, and plantings). Specific improvements have been identified for the corridor and are described in the Recommended Concept Report. Transit Components •Relocate the following problematic bus stop locations: o Brooklyn Boulevard between 63 rd Avenue and Halifax Drive (southbound) o Brooklyn Boulevard between 61 st Avenue and 62 nd Avenue (northbound) o Brooklyn Boulevard and Admiral Lane (southbound) o Brooklyn Boulevard and 60 th Avenue (northbound) o Brooklyn Boulevard and TH 100 (northbound) •Remove bus pull-outs on Brooklyn Boulevard. •Passenger amenities are recommended at all bus stop locations. Bus shelters and passenger amenities should be placed behind the sidewalks or trails when feasible. Different levels of amenities are recommended based on the number of passengers using the bus stop. These are described in more detail in the Recommended Concept Report. BROOKLYNBOULEVARD CORRIDOR STUDY 21 SRF Consulting Grow', Inc. Moving Forward This multi-dimensional plan provides the design foundation that can be developed and implemented over time by the study partners, enabling them to better plan for ongoing redevelopment and the necessary corridor improvements. More importantly, this study provides the guidance necessary to move forward in achieving the corridor's vision. Achieving this vision will help reach the corridor's desired function, character and identity. However, as improvements are implemented and the corridor redevelops overtime, priorities and needs may shift. Therefore, ongoing collaboration between project partners is necessary to maintain project momentum. A large part of this coordination will be focused on identifying and obtaining funds to implement improvements. The implementation plan will serve as a key resource in helping align potential funding sources with improvements. As funding is pursued and secured in the future, the Brooklyn Boulevard study will serve as the primary source of planning, engineering/design, and implementation for the corridor from 49 th Ave. to I-94. BROOKLYN BOULEVARD CORRIDOR STUDY 22 SRF Consulting Group, Inc. Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012-22 RESOLUTION PROVIDING THE FINDINGS AND RECOMMENDATIONS OF THE CITY'S PLANNING ADVISORY COMMISSION REGARDING THE 2012 BROOKLYN BOULEVARD CORRIDOR STUDY AND PRELIMINARY LAYOUT WHEREAS, the City of Brooklyn Center's 2030 Comprehensive Plan includes a goal and objective of making major street corridors and other public spaces highly attractive, including Brooklyn Boulevard; and WHEREAS, the City of Brooklyn Center's Comprehensive Plan indicates that reaching consensus on a vision for the section of Brooklyn Boulevard south of 1-694/1-94 that would then be translated into design parameters should precede redevelopment of land area along Brooklyn Boulevard; and WHEREAS, performing a corridor study for Brooklyn Boulevard will provide guidance for future transportation, redevelopment and streetscaping improvements; and WHEREAS, the City Council authorized an agreement for professional services with SRF Consulting Group, Inc. to provide professional services and prepare said study and plans for the Brooklyn Boulevard Corridor; and WHEREAS, the Planning Advisory Commission was provided periodic updates by city planning staff on September 29, 2011; October 13 and 29, 2011; December 15, 2011; March 1, 15 and 29, 2012; and September 27, 2012; and WHEREAS, the City, in conjunction with SRF Consulting Group, Inc. staff; conducted two (2) separate open houses for the affected property owners and general public to review the study plans, including proposed roadway layouts, new trails and sidewalks; right-of-way impacts; streetscaping and landscaping improvements; lighting; and other corridor amenities. WHEREAS, the Planning Advisory Commission has determined or formulated the following goals and vision statements for the City Council to consider as part of their overall general consensus and support of this Brooklyn Boulevard Corridor area, which includes: 1.Preserve and enhance the adjacent residential neighborhoods; and Provide entry treatments and neighborhood identifiers where applicable 2.Protect adjoining residential properties; and Provide minimum setbacks and buffer widths to enable a combination berms with landscaping and fencing or decorative walls. 3. Identify necessary right-of-way impacts and corridor widths to accomplish: A)Boulevard treatments and setbacks for trails and sidewalks; and B)Placement of landscape medians to enable the vision and goals for the corridor to be accomplished. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center supports the draft design concepts for the 2012 Brooklyn Boulevard Corridor Study and hereby provides its input for the various segments of the corridor study as illustrated on the attached exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E. Exhibit F Segment from 49 th Avenue to 51 St Avenue Segment from 50 Avenue to HWY 100 Segment from HWY 100 to 59 th Avenue/Bass Lake Road Segment from 59 th Avenue/Bass Lake Road to 65 th Avenue Segment from 65 th Avenue to 1-694 Future Land Use and Redevelopment Considerations November 29, 2012 Date Chair ATTEST: Secretary 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 Chair , Commissioners , and . and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 1r POTIiiroa WHY Of war 0.0051 0 5 55POTINT151. msntio IDGIOCI TiGiei Of 0.0.5,11 Figure 7itNg Streetscape Cross Sections cani.kine ‘eniiii in , Brooklyn Boulevard Corridor Study - Recommended Concept Report 75891121112 City of Brooklyn Center Typical Stiiettscape Crose Section ID Interchange Area Without Bike Lanes) Segment C Between Slit olio ond Pita° • Looking North 5500.$515 SWNICg Exhibit A Segment from 49 th Avenue to 51 st Avenue The Commission supports the following concepts: 1.Converting the existing 4-lane roadway to a 3-lane roadway with a center-left turn lane. 2.The designation of the east side of the right-of- way as a sidewalk corridor. 3.The designation of the west side of the right-of-way as a trail corridor. 4.The changes to the west side of the current 51 st Avenue intersection. 5. The use of a 6-ft. wide shoulder area for emergency stops and other infrequent stops/deliveries, which will help provide greater separation from the traffic lane to the sidewalk and trail, and provide better sight lines at private driveways. The Commission recommends that consideration be given to the following: 1.That the street layout, sidewalks and trail locations for this portion of the corridor be coordinated with the City of Minneapolis' trail plans to Victory Memorial Parkway. 2.Consider options to compliment and expand the theme of the existing City's Entrance Sign in this area. 3. Consider opportunities for property owners to install driveway turn around areas to avoid backing into the Brooklyn Boulevard. ULTIMATE COEXIT ONTO BDETERMINED Exhibit B Segment from 51 st Avenue to HWY 100 Revised Cross-Section Pending The Commission supports the following concepts: 1.The new intersection with HWY 100 interchange and its extension of Lilac Drive. 2.The elimination of the de-acceleration lane for Brooklyn Boulevard traffic entering onto the northbound HWY 100 ramp. 3.The removal of the ramp acceleration lane entering onto Brooklyn Boulevard. 4.The placement of a 10-ft. wide trail (regional trail standard) on the west side and a 6-ft. sidewalk on the east side. 5. The relocation of the 51 st Avenue transit stop (west side). The Commission recommends that consideration be given to the following: 1.Work with MnDOT identifying an architectural theme for the HWY 100 bridge, including lighting, railings, flag standards and concrete design patterns. 2.Maintain an ADA accessible crosswalk to address the east/west pedestrian movements at the north side of the HWY 100 interchange/intersections. 3. Encourage establishing as part of the median design, the installation of pedestrian refuge islands, in or around the HWY 100 ramp/interchange areas. Exhibit B Segment from 51 sE Avenue to the north side of HVVY 100 (continued) 4. The extension of the public street across the Brookdale Covenant Church and Malmborg's Nursery sites to connect to the existing Lilac Drive (diagram noted below). Exhibit C Segment from HWY 100 to 59 th Avenue/Bass Lake Road Typical Streetscape Cross Section 3a Adjacent City Center, Stout-water Treatment Alternative Segment B Baty, ten TIN 60 ond 59th Ave. • to kEng Nonh `.:■ilit °!. •— 0. /11 1 . - 1.1*.11WCil TUIS r -, % , LOWITE VIANTIR 01,1 COfttnit 1.,,,V,NCE SM1, ...10. Mk 111111 DICOMIAT PW.M.kr US.4114.31,411111MIRS ---1 BOUlt,,, 0 ....oravus . • . z. ••.i ...,. - ' ,14.•23431.07 1,14.1W IN .Cl 1 t00.00 1-R, VI, 1.,.. Mil Mil,.jrza_.12-- •.—.4...,= ,A ,15.;,_ VAIILS 10'WPCS I — ' 1 1 11'1_I i iII'I 10'D. .0, IF.OhTAGI T.( - VOW WATIR TREAM1teir TYPI. tURF MO - . 1 11 TI/\--1-7-1-7-1ERU 1.1.1 1141.1 TURF V.All, PO,. 61v0 41,0 Coo.,,-oo ro4oe00030ooCp.Mnovrsor nIarIrmarsaror Woe CgPVIEZLIMP., o....... a...777u Typical Streetscape CIOSS .ection 3d Adjacent City Center, Median Berm Alternative Segment B Sewer, TN I GO ond 596 Ave. - tooAing North 4 r . CliOATINE 11040Wlf 1X4111.1V.STIA WASS V4 .:,,, .. 7.11 , coxarsc ENITTGS 1-....-C Mk-SSE VAVINV. SPIP ft / • MIK ra- OtalAJUNI AWAY. 047145 MTH 100¼EFG I VOD (MC. IRILS 1 \ . e 50.41%,..sata Loom, to.,V4 a, -7"' AA■1 v.ES 10'VARIES 1 I II' 11' ?t.• 1r NM 12'II.Kr 6 , FRONTAGE 111Xt HAM MD IANOSCOInG TR.. TOU etvo rxru 1500 urr rum 4111M tfutu 10110 WAV; ROAD V.V0 URI MD VIDS 10 RES1.17,1. FROVV•Gt i /VG. OR 'Mr g1ZtUriX' ' io Ng Streetscape Cross Sections -....,...,,., Brooklyn Boulevard Corridor Study - Recommended Concept Report 7519 1121112 City of Brooklyn Center Figure 9 Utilize existing medians of 13-14 feetI REVISED EXHIBIT PENDING I The Commission supports the following concepts: 1.The design concept of a 4-lane roadway with landscaped medians and opportunities for pedestrian refuge islands at intersections. 2.The design of a 10 -ft. boulevard area as a separation/green area from the 6-ft. sidewalk. 3.The removal of the free right-hand turn movement on the eastern side of the Bass Lake Road/Brooklyn Boulevard intersection. 4.The development of entrance nodes within right-of-way used for these free right-hand turn movements. 5. The on-grade regional trail street crossing at the 55 th Avenue and Brooklyn Boulevard intersection. . , SEE INSET E FOR ALTERNAtIVE , 1=11111Wf _ -'7.1.43111111 REGIONAL TRAIU •-_____—__ A - ' 't 4 ..' &At' ■r*-' "41141 .'X CL.:i' —4. — ._‘.....,... ,.■ .-...—.....'" -.--....— ..■----,--- - — —=='.'"...- 5) r ,• --_ , "N..— ' 41viimisik Legend Liaiy tventil,s1Lyen.1,1 1(..".C•o — k‘itt ef ...0 41.) kw •• • MCIN.C.3.,Adrtc C r7k4-7. im Ng Train Lakes Regional Tre0 Gra& Septat•dCmssing °pions Figure 10 Exhibit C Segment from HWY 100 to 59 th Avenue / Bass Lake Road (continued) 6. The design concept for the 55 th Avenue intersection (diagram noted below) with the frontage road and the entrance to the Northport Elementary School. 7. The consideration of regional trail crossing alternatives as depicted in Figure 10 of the Brooklyn Boulevard Concept Report (below), in which alternatives shall be considered as part of any future redevelopment proposal of the commercial area(s) south of 55 th Avenue. Exhibit C Segment from HVVY 100 to 59 th Avenue/Bass Lake Road (continued) The Commission recommends that consideration be given to the following: 1.Consider options that could expedite the replacement of the existing wood light poles and removal of the overhead utility service lines. 2.Extend the western entrance treatment along Bass Lake Road to include improvements to CVS Pharmacy's entrance. Typicul tIre 010po (mm Setiur 4b Stool nito L000i) Segment A (.etwmn SPthAm nl (.5th Are. -LooS Soreh Figure 8Streetsc ape Cross SecUons CmnvYtln Cruor Brooklyn Boulevard Corridor Study - Recommended Concept Repoit 758I 2 t 2 City of Brooklyn Center r tIOG0000IflhliC /,rIoum:0Toc*cn rein In' I' 10 TI-pu lffTtflI (01(1(11 TRILl 1;), PDXOLID OGI' CO WIT (Turin lIGHT 00 W%YIVAHJ(T 1505')l'1IhI,TIYh "."TI'lFuCt e -e 10 1 LLOOSIrVACJU vet c000'I&ui Peon eon Exhibit D Segment from Avenue/Bass Lake Road to 65th Avenue The Commission supports the following concepts: 1.The design concept of a 4-lane roadway with medians to limit left-hand turn movements, except at city cross-street intersections. 2.The continuation of a 10-ft. trail along the west side of the right-of-way with a 10-ft. boulevard area. 3.The continuation of the 6-ft. sidewallc on the east side of the right-of-way with a 10-ft. boulevard area. 4.The alignment of Admiral Lane and 60th Avenue roadways into a common intersection. 5.The option of extending the eastern leg of the 61st Avenue intersection into the commercial properties on the east side of Brooklyn Boulevard (BP Service Station to American Legion Site). 6.The use of a surmountable median that would allow full access movement to the Fire Department (southbound access onto Brooklyn Boulevard). Exhibit D Segment from 59 th Avenue/Bass Lake Road to 65 th Avenue (continued) The Commission recommends that consideration be given to the following: 1. The option of an Admiral Lane and 60 th Avenue intersection that preserves the vacant commercial lot and provides opportunities to enhance the entrance to the Admiral Lane Neighborhood and improved access for the future redevelopment of the residential properties between 60 th Avenue and 61 st Avenue. 2.Consider options that could expedite the replacement of the existing wood light poles and removal of the overhead utility service lines. 3.The study reaffirms a minimum front-yard parking setback of 15 feet. Exhibit E Segment from 65 th Avenue to 1-694 The Commission supports the following concepts: 1.The tightening of the free-right movement from the east bound off ramp to reduce the speed of vehicles entering Brooklyn Boulevard. 2.The planning for future acquisition of the residential homes on the west side of Brooklyn Boulevard located north of 63 rd Avenue. 3.The placement of a median from the Max Sun shopping center northern drive to 65 th Avenue 4.The continuation of the 6-ft. sidewalk on the east side of the right of way with a 10-ft. boulevard area. 5. The continuation of a 10-ft. trail along the west side of the right-of-way with a 10-ft. boulevard area design until it connects to off-road trail improvements at the Metro Transit site. The Commission recommends that consideration be given to the following: 1. Consider improvements to the landscaped buffer for the 3 single family residential properties located in the southeast corner of the 1-694 /Brooklyn Boulevard interchange. xRak__.-J111 r fr C.7, furfeirmoro V"."2"ir lift, • - • , • „t Exhibit F Future Land Use and Redevelopment Considerations The Commission encourages and recommends the continued planning and analysis of this corridor, specifically addressing future land use and redevelopment opportunities in select areas, noted as follows: 1.The conceptual planning for the east side of Brooklyn Boulevard be expanded to include the 3 existing residential properties south of the fire station and the 2 residential properties south of the 62 nd Avenue (identified as A & A Chiropractic and PBC Medical/Dental) and the Iman Husain Islamic Center. 2.Develop a conceptual elan for a revised parking layout and access drive for the commercial properties between 62' Avenue and 63'd Avenue to accommodate the boulevard treatment and trail system — AND — the EDA considers the acquisition of the vacant commercial lot in the southeast quadrant of 63 1d and Brooklyn Boulevard to promote the redevelopment of these 3 commercial properties, comprising 3.85 acres in area into a unified PUD. 3. That conceptual development alternatives for the single family properties between Admiral Avenue and 61 st Avenue include: a.alternative types of senior housing and assisted care housing options; b.limited use office condominiums; and c. temporary open space with future plans for redevelopment with the remaining adjacent properties to the west (those fronting onto Ewing Avenue). 4. That conceptual development alternatives for the properties between 61 st Avenue and 62 nd Avenue include: d.the option of a large scale senior housing project; and e.a commercial concept for all properties from 61 st Avenue to 63 rd Avenue that would provide opportunities to relocate existing Brooklyn Boulevard businesses into an overall PUD. 5. Consider alternate development concepts for the 6 single family residential lots north of 63`d Avenue that would include the following: a.limited use office condominiums; and b.temporary open space with future plans for redevelopment with the adjacent properties to the west (Note: this concept should include the alignment of the France Avenue intersection with 63rd Avenue). 6. Consider a development concept for the 4 commercially zoned properties in the Northeast quadrant of Brooklyn Boulevard and 65 th Avenue. - 7.Consider options to replace the current Brooklyn Boulevard access to the existing Arena Learning Center lot. 8.Consider options to redevelop the residential lots between Northport Elementary School entry drive and Northport Drive. 9. Consider identifying the single-family residential units located south of 57 th Avenue and those between 57 th Avenue and 58 th Avenue/Bass Lake Road for potential acquisition, and further identifying said units as "primary" vs. "secondary". 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