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HomeMy WebLinkAbout2013 03-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION March 25, 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 March 25, 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. 3. Call to Order Regular Business Meeting –The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda –The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. March 11, 2013 – Study Session 2. March 11, 2013 – Regular Session 3. March 11, 2013 – Work Session b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted by IMO Progressive Association of Minnesota for a Social Event to be Held April 13, 2013, at Miracle Empowerment Center, 5801 John Martin Drive d. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements e. Resolution Approving the Labor Agreement for Law Enforcement Labor Services (LELS) Local 82 (Police Officers and Detectives) and the City of Brooklyn Center for the Calendar Years 2012 and 2013 CITY COUNCIL AGENDA -2- March 25, 2013 7. Presentations/Proclamations/Recognitions/Donations a. Brooklyn Bridge Alliance for Youth Requested Council Action: –Receive report. b. Afterschool System Building Invitation Conference by the Wallace Foundation Request Council Action: –Receive report. 8. Public Hearings a. Continued Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs –This item was published in the official newspaper on February 21, 2013; offered Public Hearing on March 11, 2013; and is continued this evening. Requested Council Action: –Motion to reopen Public Hearing. –Motion to take public input. –Motion to close Public Hearing. 1. Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to adopt resolution. 9. Planning Commission Items –None. 10. Council Consideration Items a. Set Date and Time of Facilitated Strategic Planning and Team Building Retreat Requested Council Action: –Motion to set date and time of facilitated retreat for Friday, April 5, and Saturday, April 6, 2013 b. Consideration of Type IV 6-Month Provisional Rental License for Evergreen Park Manor, 7200-7224 Camden Avenue North Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- March 25, 2013 c. Consideration of Type IV 6-Month Provisional Rental License for Willow Lane Apartments, 7015 and 7021 Brooklyn Boulevard Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Take action on rental license application and mitigation plan. d. Consideration of Type IV 6-Month Provisional Rental License for 907 57th Avenue North 1. Resolution Approving a Type IV Rental License for 907 57th Avenue North Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Motion to adopt resolution. e. Consideration of Type IV 6-Month Provisional Rental License for 5812 Camden Avenue North 1. Resolution Approving a Type IV Rental License for 5812 Camden Avenue North Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Motion to adopt resolution. f. Consideration of Type IV 6-Month Provisional Rental License for 5432 Dupont Avenue North 1. Resolution Approving a Type IV Rental License for 5432 Dupont Avenue North Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Motion to adopt resolution. CITY COUNCIL AGENDA -4- March 25, 2013 g. Consideration of Type IV 6-Month Provisional Rental License for 5214 Ewing Avenue North 1. Resolution Approving a Type IV Rental License for 5214 Ewing Avenue North Requested Council Action: –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Motion to adopt resolution. 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 MARCH 11, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven referenced Item 7a, Proclamation Declaring March 23,. 2013, at 8:30 p.m. as Earth Hour in Brooklyn Center, and said she would like to make comment during the Council meeting prior to adoption. Councilmember Myszkowski requested discussion on Item 6c, Resolution Accepting Bid and Authorizing Award of Contract, Improvement Project No. 2013-09, Contract 13-F, 2013 Street Seal Coating, in particular how long the Joint Powers Agreement has been in effect for the seal coating. Public Works Director/City Engineer Steve Lillehaug stated more than four years, as it predates his time with the City. City Manager Curt Boganey stated it also predates his time with the City, which means more than ten years. With regard to Item 8a, Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs, Mr. Boganey advised that additional assessments have been paid so the City Council will receive an updated assessment roll. MISCELLANEOUS Brooldyn Bridge Alliance Councilmember Kleven requested an update on the contingent of City employees who went to Baltimore for the Brooklyn Bridge Alliance. Mr. Boganey stated from Brooklyn Center only Director of Community Activities, Recreation and Services Jim Glasoe attended and was accompanied by two City of Brooklyn Park employees, the Brooklyn Bridge Alliance Executive 03/11/13 -1- DRAFT Director, and Brooklyn Park Mayor Lunde. The feedback is that it was a worthwhile effort and confirmed the work already done with the Brooklyn Bridge Alliance is on tract and in some ways further along-than similar sized communities. He advised there will be a follow-up conference call to talk about next steps. Mr. Boganey stated the City paid for transportation for Mr. Glasoe and all other costs (registration/hotel) were covered by a grant. Councilmember Kleven asked what the salary is of the Brooklyn Bridge Executive Director. Mr. Boganey stated it was close to the beginning salary range and he will include that information in the Friday update. Mayor Willson indicated the Executive Director will be instrumental in moving this effort forward, noting she is very dedicated. Property Damage Councilmember Lawrence-Anderson stated she was contacted by a resident who had a car drive into her home two different times. She distributed pictures of the home, car, and resulting damage. In addition, the neighbor's house was also driven into last year. She described other locations where signs are posted to alert drivers that the road ends. Councilmember Lawrence- Anderson stated in this case, she thinks drivers believe the road goes through, but it does not. She stated this resident may address this issue during tonight's Informal Open Forum. Mr. Boganey asked if these incidents had been reported to the City or if residents requested signage. Councilmember Lawrence-Anderson stated they may have only submitted a police report. She noted this location is near a school and, fortunately, no one had been injured. Mr. Boganey recommended this matter be referred to the Administrative Traffic Committee for investigation and recommendation. He stated a sign may or may not be the solution and the best course of action should be assessed. The consensus of the City Council was to refer this matter to the Administrative Traffic Committee. Housing Market Initiative Councilmember Lawrence-Anderson referenced the March 8, 2013, update relating to a staff meeting with a housing market professional and asked if this will be going before the Housing Commission. Mr. Boganey explained one item in the study adopted by the City Council included housing redevelopment for that area and the purpose of the market analysis is to determine if the timing is right and if there is anything the EDA can do to incent that development. He indicated the final report and recommendation will first be presented to the City Council for consideration and determination if it should be referred to the Housing Commission. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS ROSE VILLE "U" CONCEPT (CITIZENS ACADEMY) 03/11/13 -2- DRAFT COUNCILMEMBER MYSZKOWSKI It was noted the Roseville "U" provides citizens with a strong foundation of understanding and factual information about the way local government operates. Councilmember Myszkowski described how she learned of the Roseville "U" program. She noted that engagement in the community is difficult because of the vast diversity, but the City Council is "thirsty" to have more input from a broader array. Councilmember Myszkowski stated she looks forward to learning what the Cities of Roseville and Hopkins have done with citizen academies and suggested a "snappy name" be created. Mayor Willson asked if this would augment or extend what the City is already doing with the New Americans Academy. Mr. Boganey stated staff thinks the New Americans Academy is unique and focused on a different audience and set of objectives, being more narrowly defined towards new Americans. Mr. Boganey stated this option would be unique and different than the New Americans Academy so if supported, staff recommends retaining both. The City Council discussed the use of staff resources required to initiate a "U" program. Mr. Boganey agreed with the need to be cognizant of staff resources required but timing is another important consideration. He stated if there is a desire to move forward with a launch next spring, it would provide sufficient time to be prepared. Mr. Boganey raised the option of either expanding the neighborhood park meeting initiative or to add this program, noting supporting both would be a substantial burden on staff. The City Council indicated support for neighborhood park meetings that are held during summer months and raised the option of scheduling the "U" program during winter months, which would create the opportunity for engagement throughout the year and not overburden staff. Mr. Boganey stated in the beginning, the City Council may want to consider more strict requirements for involvement, during the time there is highest interest, and then loosen the requirements in following years. Mr. Boganey reviewed the schedule of the Roseville "U" offering and how it was fine-tuned. He stated if supported, staff would welcome name suggestions, such as Brooklyn Center University (BCU) as suggested by Councilmember Lawrence-Anderson. The City Council discussed whether enrollment should be limited, considering the room size and desire to engage all enrolled. The consensus of the City Council was to support further research of this program and to direct staff to draft a plan of action for City Council review and consideration. 03/11/13 -3- DRAFT INCLUSION AND DIVERSITY ASSESSMENT Mr. Boganey noted the Council's fourth Strategic Goal states the City will value and benefit from the community's demographic makeup and cultural diversity. Toward the achievement of this goal, the City has engaged the services of InclusionINC to conduct an organization assessment and determine the current state of the organization as it relates to having an inclusive culture and environment. Mr. Boganey stated staff will be meeting with the top managers to go over the results, gain feedback, and prepare an action plan. Mr. Boganey stated inclusion and diversity should not be an adjunct separate from special program that is brought into the workforce but it needs to become part of the organization's "DNA" and part of the business strategy of the organization. He stated there is a lot of research supporting the notion that organizations that are high performing and the most effective in getting results for customers are those that have an engaged workforce where employees throughout the organization are listened to, empowered, and given the necessary tools to become creative/innovative. There is also a lot of evidence to support the notion that people with different experiences bring strength and creativity to solutions. Finally, when talking about serving customers, which are becoming increasingly diverse, you need to bring to the table ideas from people who understand your customers as well. Mr. Boganey stated the highlights are on Pages 12-13. He suggested focusing on the three areas that are identified in the color blue: language, training/cultural awareness, and management/setting an example. He stated teams of employees will develop specific action steps and strategies to begin this journey. Discussion on this item continued and reached conclusion during the March 11, 2013, Work Session. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 03/11/13 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 11, 2013 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, Kris Lawrence-Anderson, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community 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. Jean Hammerlund, 6437 Unity Avenue N., described two incidents that occurred when a vehicle smashed into her home and stated she no longer feels safe in her home. Ms. Hammerlund stated this also occurred to her neighbor's home. Councilmember Lawrence-Anderson stated she had received photographs from Ms. Hammerlund's neighbor and provided copies to the City Council. Gina Couture, 6501 Unity Avenue N., stated a drunk driver hit her house at 2:30 a.m. going 60 mph. This occurred in February last year and she no longer feels safe in her home and still does not sleep well because of this incident. Ms. Couture described how lights from Fair Oaks Elementary School are visible so drivers may think the road goes through. Brenda VanAsch, 6500 Unity Avenue N., stated she noticed car tracks in her yard and was told by a neighbor that it was from a blue minivan. This occurred at 8:30 a:m. during a time when children were walking to school. Ms. VanAsch stated she thinks a Crime Watch Program is also needed in this neighborhood. Linnea Ulrich, 6506 Unity Avenue N., agreed some type of driving control is needed in this neighborhood. She stated she and four neighbors walk in the morning so she is concerned about pedestrian safety as well as property damage. 03/11/13 -1- DRAFT Mayor Willson stated the City Council discussed this matter during the Study Session, finds it to be serious, and will refer it to the Administrative Traffic Committee. Councilmember Myszkowski moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2.INVOCATION As an invocation, Councilmember Lawrence-Anderson acknowledged those waiting for a life- saving transplant, honoring those who passed away and were donors, and read a poem written by Kayla, the donor who saved her daughter's life. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin and Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community 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. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 25, 2013 — Study Session 2.February 25, 2013 — Regular Session 6b. LICENSES MECHANICAL Allan Mechanical, Inc. 7875 Fuller Road, Eden Prairie 03/11/13 -2- DRAFT B & D Plumbing Heating & A/C Cool Air Mechanical, Inc. General Sheet Metal Company, LLC McDowall Company Metropolitan Mechanical Contractors 4145 MacKenzie Court, St. Michael 1441 Rice Street, St. Paul 2330 Louisiana Avenue N., Minneapolis PO. Box 606, Waite Park 7450 Flying Cloud Drive, Eden Prairie RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 5807 Dupont Avenue N. • Todd Havisto 2301 Ericon Drive Dan Mattison RENEWAL (TYPE II— two-year license) 3613 54 th Avenue N. 5224 65 th Avenue N. 4903 Brooklyn Boulevard 5200 Drew Avenue N. 5814 Ewing Avenue N. 5617 Logan Avenue N. SIGNHANGER Contact Signs, Inc. Signart Company Konrad Wagner Pavel Sakurets Raymond Glasser Morris Matthews Peter and Michele Nyarecha Darwin an Marcia Kulzer 1803 Victoria Street, Roseville 2170 Dodd Road, Mendota Heights 6c. RESOLUTION NO. 2013-31 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2013-09, CONTRACT 13-F, 2013 STREET SEAL COATING Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MARCH 23, 2013, AT 8:30 P.M. AS EARTH HOUR IN BROOKLYN CENTER Mayor Willson read in full a proclamation declaring Earth Hour in Brooklyn Center Councilmember Kleven stated last year during Earth Hour, the City of St. Paul shut off the lights at the State Capitol, making a striking statement. She asked what the City's plans are and how residents will be informed of this event. City Manager Curt Boganey explained that at City- owned buildings, lights not necessary for security purposes will be shut off in advance. He indicated that free media, such as this proclamation, the City's website, and an article in the Sun Post will be used to inform residents. Councilmember Kleven noted the event's website lists "Dos and Do Nots" and advises to not shut off security lights, safety lights, and to use common sense. Councilrnember Myszkowski supported Earth Hour as a method to make people aware of the 03/11/13 -3- DRAFT environment, noting in a recent national poll, environmental issues came in near the bottom. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve a Proclamation declaring March 23, 2013, at 8:30 p.m., as Earth Hour in the City of Brooklyn Center. Motion passed unanimously. 7b. POLICE DEPARTMENT YEAR END REPORT Police Chief Kevin Benner presented the Police Department's 2012 Year End Report and answered questions of the City Council relating to the drop in Part 1 crimes and need to secure garage and service doors to prevent theft. The City Council discussed the drop in crime rates, acknowledging it is a result of effort by the committed City staff, Police Chief Benner, dedicated Police Officers, Neighborhood Watch Groups, innovative rental licensing program, and New Americans Academy. The City Council indicated it had taken a strong stand in addressing today's issues and as a result, other communities are following Brooklyn Center's lead. Police Chief Benner concurred and noted when the President of the United States came to Minnesota, he and Mayor Willson had been invited to attend, recognizing Brooklyn Center nationally for its reduction in violent crime. The City Council thanked Police Chief Benner for his leadership, noting residents now feel differently about Brooklyn Center due to the decline in crime. With regard to Hennepin County crime rates, Police Chief Benner stated he will provide that information and comparison with the City's crime rate, when available in May. He thanked the City Council for its support and helping to carry this message. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded accepting the Police Department Year End Report, as presented. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Mr. Boganey introduced the item and indicated it was published in the official newspaper on February 21, 2013, and is offered this evening for Public Hearing. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning recommended the two public hearings be held concurrently. She presented an overview of the 03/11/13 -4- DRAFT special assessment background, the process for each service (diseased tree removal and weed/long grass abatement), and recommended procedure for tonight's Public Hearings. Ms. Schleuning indicated an amended levy roll had been provided that reflects several payments made since the last meeting. No written appeals have been received. It was noted the levy roll for diseased tree removal costs total $23,173.07 and the levy roll for weed removal costs total $31,397.23. She described the City-facilitated abatement process and recommended tabling assessments that are appealed tonight to March 25, 2013, to allow time for staff investigation. It was noted the City has already incurred expenses for tree removal and weed abatement, and is looking to be reimbursed for those costs. Councilmember Myszkowski moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Ed Doll, 1201 57 th Avenue N., stated his intention to appeal the assessment as the tree was removed by the City's contractor prior to expiration of the ten-day extension. Daniel Toweh, 5323 Brooklyn Boulevard, stated his intention to appeal the assessment as he was 76 years old and living on a fixed income. He preferred the fee to be charged against the property. Thu Nguyen, 5332 James Avenue N., stated her intention to appeal the assessment as the amount of $270 is too high and she did not receive a warning letter. Mr. Boganey reviewed payment options and assessment terms. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-32 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-32 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls, excluding 1201 57 th Avenue N., and 5323 Brooklyn Boulevard. Motion passed unanimously. 03/11/13 -5- DRAFT 2. RESOLUTION NO. 2013-33 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-33 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls, excluding 5332 James Avenue N. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None. 10.COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amendment to allow properly licensed malt beverage manufacturers (brewers) to apply for a Brewer Taproom License. Should the legislation be approved, the City could then legally issue a Brewer Taproom License to a brewer that does not have a restaurant at that location. He explained a local brewer would like to apply for a Brewer Taproom License and the intent is that consideration would be subject to approval of the legislation in an effort to not delay consideration of a Brewer Taproom License application. If the legislation is not approved, this ordinance amendment would then be moot. Councilmember Myszkowski moved and Councilmember Kleven seconded to approve first reading of an Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing and set second reading and Public Hearing for April 8, 2013. Mayor Willson stated the legislation was added to the Omnibus Bill and he anticipates it will move forward; however, he supported making first reading contingent upon the Legislature approving the two bills. City Attorney LeFevere and Mr. Boganey discussed whether such a contingency was necessary. Mr. Boganey explained the proposed ordinance is worded to resolve a concern about an additional 30-day delay. Section 2 indicates the ordinance is effective after adoption, following 30-days of legal publication, and following adoption by the 2013 Legislature. In addition, the applicant will have to follow an approval process that will take about 30 days so this is probably a non-issue. Mr. LeFevere advised it is not necessary to decide about the contingency tonight since it is first reading and setting the Public Hearing. He indicated he would review the Charter language and, at the Public Hearing, provide a recommendation on whether it should be a contingent approval. 03/11/13 -6- DRAFT Mayor Willson withdrew his request to amend the motion by adding a contingency. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: •February 26, 2013, FBI Citizen's Academy •February 28, 2013, Planning Commission Meeting •March 2, 2013, Robbinsdale Schools Fourth Annual Spelling Bee March 4, 2013, Xcel Rate Increase Public Hearing •March 7, 2013, Metropolitan Council Informational Meeting on Transit •March 8, 2013, Hero's Behind the Badge Documentary Film Councilmember Myszkowski reported on her attendance at the following: •February 28, 2013, Brooklyn Center Business Association Luncheon •March 1, 2013, Performance of Bye Bye Birdie at Park Center in which many Brooklyns Youth performed Councilmember Lawrence-Anderson reported on her attendance at the following: •February 28, 2013, Brooklyn Center Business Association Luncheon •March 7, 2013, Metropolitan Council Informational Meeting on Transit Mayor Willson reported that on February 28, 2013, he spoke at the ITT Institute. He announced future engagements including speaking with classes at Brooklyn Center High School and the March 22, 2013, North Hennepin Community College gala fundraising event. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:31 p.m. Motion passed unanimously. 03/11/13 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 11, 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 8:37 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Absent and excused was Councilmember/Commissioner Dan Ryan. Also present were City Manager Curt Boganey and Carla Wirth, TimeSaver Off Site Secretarial, Inc. WALMART CONCERNS The City Council/EDA and City Manager Curt Boganey discussed complaints received relating to Walmart at Shingle Creek Crossing. Mr. Boganey advised that staff will be meeting with Walmart management to raise and address these concerns. INCLUSION AND DIVERSITY ASSESSMENT — CONTINUED Councilmember/Commissioner Kleven asked whether the survey was conducted verbally or in writing. City Manager Curt Boganey referenced Page 6 that described the methodology for the web-based survey, one-on-one interviews with department heads, and focus groups with employees and external stakeholder group (MAC) members. Mr. Boganey stated it was interesting that there was quite a substantial difference in terms of positive or negative responses to questions based on gender, with fewer positive responses by females. Councilmember/Commissioner Lawrence-Anderson asked if that was found throughout the entire City, noting all the Brooklyn Center department heads are male with the exception of Assistant City Manager/Director of Building & Community Standards Vickie Schleuning. Mr. Boganey stated that may contribute or that males do not have the sensitivity. He stated part of the reason may be positional with males in more of the authoritative positions (department heads/supervisors) and if in a position of less authority you may not get "invited to the table" as often as you should. 03/11/12 1 DRAFT The City Council/EDA discussed its desire to gain higher diversity on Commissions and how to best attract more diverse members from the community. Councilmember/Commissioner Myszkowski stated it is hard to adapt and perhaps the City needs to attract diversity in a different way, such as through an academy, Brooklyn Center "U" (BCU), offering. With regard to the lower positive response by females, Councilmember/Commissioner Myszkowski asked if there is a question breakdown between MAC members and employees. Mr. Boganey stated that data is not indicated in this report but it is available. Councilmember/Commissioner Lawrence-Anderson asked whether it would be beneficial to reach out to the MAC community first about BCU to encourage them to be some of the first graduates of the program. Mr. Boganey stated one recommendation was to consider something similar to MAC but not related to the police, which should be followed up on. He stated that may be a fourth brainstorming discussion topic with the City Council. Mayor/President Wilson noted the City is not receiving a lot of applications for individual positions. Mr. Boganey suggested the City schedule a listening session with MAC members and the community to invite suggestions and better ideas to encourage involvement. Councilmember/Commissioner Myszkowski stated it may open a "can of worms" to first invite MAC because all may not feel comfortable sharing what they are thinking because they believe, in the past, that there has not been appropriate follow through. Mr. Boganey stated the New Americans Academy may be a source to consider as a means to reach out. Councilmember/Commissioner Kleven noted those who have graduated and gone to college often want something to happen and to become involved; however, the older generations may not want to be part of it. The City Council/EDA discussed the benefits of BCU to educate, inform, and invite diverse communities to become involved. The consensus of the City Council/EDA was to support further discussion at a future Work Session. STRATEGIC PLANNING RFP RESPONSE Mr. Boganey reviewed that on January 31, 2013, the City had received three responses to its RFP for facilitation of a Strategic Planning Process. He advised that based on complete and extensive review of each proposal, staff identified Craig Rapp LLC as the preferred provider. Mr. Boganey noted that following an interview, Craig Rapp LLC submitted a more limited proposal with a cost estimate of approximately $8,000. Staff recommends approval of that revised proposal to facilitate a two-day retreat with the City Council and Leadership Team as well as 03/11/12 -2- DRAFT another meeting with Managers and Supervisors focusing on strategic initiative action plans and outcome measurement. Mr. Boganey indicated Mr. Rapp has expressed a willingness to facilitate a broader community-wide visioning process that would be conducted under a special agreement. Following discussion of available dates, the consensus of the City Council/EDA was to schedule a two-day retreat on April 5-6, 2013, starting early afternoon on April 5. Mayor/President Willson indicated he has been invited, along with other mayors, to meet with New York City Mayor Bloomberg to address changing demographics and diversity. ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:28 p.m. Motion passed unanimously. 03/11/12 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: March 19, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerl444e SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its March 25, 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. MECHANICAL Do Pham Inc. HC Plumbing & Electric Practical Systems Royalton Heating & A/C St. Cloud Refrigeration (DBA SCR, Inc.) RENTAL See attached report. 3455 124 th Circle NE, Blaine 7600 W 27 th Street, St. Louis Park 4342B Shady Oak Road, Hopkins 4120 85 th Avenue N, Brooklyn Park 604 Lincoln Avenue NE, St. Cloud _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 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 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 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people ant/preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 6424 June Ave N Single Family Initial Faisale Boukari 0 II N/A II 6835 Colfax Ave N Single Family Renewal Adeyinka Badewa 7 III 0 III IV 6806 Drew Ave N Passed w/Weather Deferral Single Family Renewal Thomas Davidson 4 II 0 II II 7025 Drew Ave N Single Family Renewal Ryan Yardley Did not complete Action Plan 1 I 0 III III 6800 Dupont Ave N Single Family Renewal Yi Lin 8 III 0 III III 5049 Ewing Ave N Single Family Renewal Raymond Glasser 4 II 0 II IV 5420 Fremont Ave N Single Family Renewal Ross Herman 5 III 0 III II 6012 Kyle Ave N Single Family Renewal James Hager 0 I 0 I IV 2701 O'Henry Rd Single Family Renewal Sherman Yih Feng Kho Missing Phase II and ARM Mtgs 7 III 0 III III 6901 Quail Ave N Single Family Renewal Prosperous Property LLC 2 II 0 II II 5312 Queen Ave N Single Family Renewal Brian Hamilton/Ryan Wellenstein 0 I 0 I I * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year ***Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2-year rental license program All properties are current on utilities and property taxes Rental Licenses for Council Approval on March 25, 2013 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: March 18, 2013 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by IMO Progressive Association of Minnesota for a Social Event to be Held April 13, 2013, at Miracle Empowerment Center, 5801 John Martin Drive Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by IMO Progressive Association of Minnesota for a social event to be held April 13, 2013, at Miracle Empowerment Center, 5801 John Martin Drive. Background: IMO Progressive Association of Minnesota, a nonprofit corporation (domestic) — Minnesota Secretary of State File Number 1710216-2, has submitted an application and permit for temporary on-sale liquor license for a social event to be held April 13, 2013, at Miracle Empowerment Center, 5801 John Martin Drive. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive conununi01 that enhances the quality of life for all people and preserves the public trust Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION \\•\ 0 pitDcwz ,sqsnu--c. fr-,s •0Q_ \_4 DATE ORGANIZED Q,e01,\i, TAX EXEMPT NUMBER STREET ADDRESS \ 1°4 W vo/ar Y-A-)0\;\ w.\)-E. CITY MA_Opubi BUSINESS PHONE(6s4 7 criPa- STATE 1'11-KS' HOME( ) ZIP CODE s v 0 9 • PHWE‘Q._(Y1NAME OF PERSON MAK APPLICATION --Ti,_ ),,Ik k sav-e-c. C9Y----orp DATES LIQUOR WILL BE SOLD, 1 ?(i \,) 4 31.- TYPE OF ORGANIZATION CLUB CHARITABLE RELIGIOUS ADDRESS -1(9 ,e,cy) LO(‘ OTHER .0NPROF eY'V ICONCO e b kr ,ity\r ORGA IZATION OFFICER'S NAME _._. 1 1...W 6.X\ 0 \C 0 ORGANIZATION OFFICER'S NAME \---W,ODY> h,V/0 COrUt- Irup'c-LA ADDRESS I‘GiSD ()0---v t-i\eok a-vf ')\1)\m-00'QfORGANIZATION OFFICER'S NAME Nv\e_Y\CA Q U\ . ADDRESS 99.80 QA ca CA VA 1\\** M r\) 5 ii-D 'Location license will be used. Han outdoor a describe5801 John Martin Drive - Miracle I Empowerment Center CI) i 55 LA.L 'I 1 ,G Mt kst_A v, Ce 0 . \n .EA CYO Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licedsee providing the service. C) \i,--\ VA \ \(- S 0 retY2t4P . ID \uVv-e-v-rs LLC. 1 Will the applicant carry liqu—orliab ' ity insurance? If so, please provide the carrier's name and amou4t of coverage.\,1 Q.__ \f'. C.A. 1 '11S, tA trQ ‘r ce ok u,t---(vv,Q ) LLC• -•-t,b(e -)0,00 n ,,r . APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY COUNTY ()-) PODYN\vin CeN ee ENFORCEMENT BEFORE SUBMITTING. DATE APPROVED LICENSE DATES TO ALCOHOL & GAMBLING CITY FEB AMOUNT 1? #95 1C) D T FEE PAo 03-1D-13 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) RO (*LYN CENTER POLICE. DEPARTMENT. TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police DATE: March 18, 2013 SUBJECT: Police Review of IMO Event Application •I have reViewed the security plan provided by IMO Progressive Association of Minnesota for their , event scheduled for Saturday, April 13, 2013, at the Miracle Empowerment Center, 5801 John Martin Drive. •I find no concerns with their security plan as proVided and recommend approval :föl; their event: • City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: March 19, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project Nos. 2013- 01, 02, 03 and 04, Kylawn Park Area Street, Storm Drainage and Utility Improvements. Background: On January 14, 2013, City Council conducted a series of two public hearings on the proposed Kylawn Park Area Street, Storm Drainage and Utility Improvements. At that meeting, City Council ordered the improvements and directed staff to prepare plans and specifications for the project. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the May 13, 2013, City Council meeting. Budget Issues: 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, and presented to the Council at the January 14, 2013, meeting. 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, sure, inclusive community that enhances the quality of lije for people and preserves the public tout Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2013-01, 02, 03 AND 04, KYLAWN PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2012-94, ordered Improvement Project Nos. 2013-01, 02, 03 and 04 and authorized the preparation of plans and specifications for the Kylawn Park Area Street, Storm Drainage and Utility Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2013-01, 02, 03 and 04 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of BrOoklyn Center for 5 percent of the amount of such bid. March 25, 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 OF BROOKLYN C CITY PROJECT NO. 2013-01,-02,-03 8c —04 '61 SAP 109-102-001 END CONSTRUCTION „ —63RD AVE N L 611 -o0 JUNE AVENUE NORTH STA. 20+20.73 SAP 109-102-001 BEGIN CONSTRUCTION JUNE AVENUE NORTH STA. 0+16.30 f 57TH AVE N irrATIA r1153RD r)11AvE PROFILE I HORIZ. VERTICAL 50 , 5' , PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO PROPOSED CURB ,H.c GUTTER EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING STORM SEWER >> PROPOSED STORM SEWER >> EXISTING WATERMAIN PROPOSED WATERMAIN EXISTING SANITARY MANHOLE 0 PROPOSED SANITARY MANHOLE • EXISTING STORM MANHOLE PROPOSED STORM MANHOLE • EXISTING CATCH BASIN PROPOSED CATCH BASIN • EXISTING HYDRANT PROPOSED HYDRANT 4 EXISTING GATE VALVE PROPOSED GATE VALVE EXISTING WATER MANHOLE 0 PROPOSED WATER MANHOLE • EXISTING CURB BOX PROPOSED CURB BOX • UTILITY POLE, LIGHT POLE ELECTRIC MANHOLE 0 BURIED GAS MAIN 0 BURIED GAD MAIN (ABANDONED) G(ABI D) ELECTRIC (UNDERGROUND) EU ELECTRIC (OVERHEAD) 10 CABLE TV (UNDERGROUND) TU CABLE TV (OVERHEAD) IVO TELEPHONE (UNDERGROUND) TU TELEPHONE (OVERHEAD) TO FIBER OPTIC (UNDERGROUND) FO FIBER OPTIC (OVERHEAD) FO RIGHT—OF—WAY PROPERTY LINE FENCE x x x INDEX SHEET NO. xx XX xx xx xx XX XX XX XX xx xx xx xx xx xx xx xx xx xx XXxx xx DESCRIPTION TITLE SHEET GENERAL LAYOUT STATEMENT OF ESTIMATED QUANTITIES CONSTRUCTION/SOILS NOTES SANITARY SEWER TABULATION STORM SEWER TABULATION TYPICAL SECTION CITY OF BROOKLYN CENTER STANDARD PLATES TEMPORARY SEDIMENT CONTROL STORM WATER POLLUTION PREVENTION PLAN TREE REMOVAL PLAN STORM SEWER AND STREET CONSTRUCTION PLAN MISCELLANEOUS STORM SEWER PROFILE DRAV4NGS CHANNEL EXCAVATION PLAN SANITARY SEWER AND WATERMAIN PLAN STAGING PLAN INTERSECTION DETAILS PEDESTRIAN RAMP DETAILS STRIPING PLAN STORAGE YARD PLAN CROSS SECTIONS BRIDGE PLANS HENNEPIN COUNTY, MINNESOTA PLANS FOR GRADING, BITUMINOUS PAVING, CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER, WATERMAIN AND MISCELLANEOUS CONSTRUCTION 2013 KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS GOVERNING SPECIFICATIONS THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION", AND THE CITY OF BROOKLYN CENTER STANDARD SPECIFICATIONS FOR UTILITY AND STREET CONSTRUCTION SHALL GOVERN. KYLAWN PARK PROJECT AREA 2013-01,02,03,04 SCALES PLAN 50' THIS PLAN CONTAINS XXX SHEETS. mlw CITY OFiBROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DRIECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE: DATE: PRINTED NAME: STEVEN L. LILLEHAUG LIC. NO. 41866 CITY OF BROOKLYN CENTER ENGINEER DATE: DISTRICT STATE AID ENGINEER: REVIEWED FOR COMPUANCE MTH STATE AID RULES/POUCY DATE: APPROVED FOR STATE AID FUNDING: STATE AID ENGINEER /UTN/R—VALUE 72 ADT (Current Year) 2013, 960 ADT (Future Year) 2033 1080 PAVEMENT DESIGN 10 TON FUNCTIONAL CLASSIFICATION COLLECTOR NO. OF TRAFFIC LANES 2 NO. OF PARKING LANES 1 ESALS (20) 125,000 DESIGN SPEED 30 MPH BASED ON SIGHT DISTANCE STOPPING HEIGHT OF EYE/HEIGHT OF OBJECT 2.5/2.0' DESIGN SPEED NOT ACHIEVED AT: N/A DECIDUOUS TREE CONIFEROUS TREE SHRUB YARD LIGHT MAILBOX SIGN Ig JIL PLAN REVISIONS 50TH AVE DESIGN DESIGNATION FOR:JUNE AVE. N. GROSS LENGTH 2004.43 FEET 0.3796 MILES BRIDGES —LENGTH 0 FEET 0 MILES EXCEPT1ONS—LENGTH 0 FEET 0 MILES NET LENGTH 2004.43 FEET 0.3796 MILES LENGTH AND DESCRIPTIONS BASED ON JUNE AVE N SAP 109 -102 -001 DATE APPROVED BYSHEET NO. SAP 109-102-001ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE "MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCD AND PART V1, "MELD MANUAL FOR TEMPORARY TRAMC CONTROL ZONE LAYOUTS".SHEET NO 1 OF XXX SHEETS THE SUBSURFACE UTIUTY INFORMATION IN THIS PLAN IS UTIUTY QUAUTY LEVEL D. THIS QUAUTY LEVEL WAS DETERMINEDACCORDING TO THE GUIDEUNES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE U11UTY DATA. THE BURIED UTILITY UNE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROXIMATE. CONTRACTOR SHALL CAU_ 'GOPHER STATE ONE CALL' (651-454-0002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK. -w A1 m7411111-1 1.I.=4; yr, gaMiig,...,.1,3immiL,1,1,,,77m116.*M7m.6.7=4,.r.morow M1Walt. INN 'WAN WNW IMO( =MI Mrallf wir lerIn =Dais LEGEND SANITARY SEWER ,Sc WATER MAIN PLAN STORM SEWER & CONSTRUCTION PLAN PROPOSED CONSTRUCTION AREA 100 50 100 200 SCALE FEET K)lawn Project 201 3 \ C3D Generol Layout MO.REVISIONBYDATE aal i CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA HEREBY CERTIFYOR UNDER MY THAT THIS RAN, SPECIFICATION OR REPORT WAS PREPARED BY MEDIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL THE LARS OF THE STATE OF MINNESOTA 5E5104 B,/ SM CITY PROJECT NOS. 2013-01,KYLAWN PARK AREA STREETENGINEER UNDER DRUM DY 11. RASH 2/13SIGNATURE:DATE:02, 03 & 04 AND UTILITY IMPROVEMENTS SAP 109-102-001 GENERAL LAYOUTPRINTED NAME: STEVEN L LILLEHAUG LIC. NO. 41866 DATE WammiliA mwkommagnarial W.T3 Mk • -WiTrr ;MN • ill nwir 111:19; MIN oransusigNall 1' lir I r-ki, MUM 1111111A1 1,7,711. _am -IJ )A••!•- BROOKLA. BLVD Kylo n Project 2013 \C30 \General Loyal LEGEND C) SANITARY SEWER & WATER MAIN PLAN STORM SEWER 8c CONSTRUCTION PLAN PROPOSED CONSTRUCTION AREA 200 0 50 100 200 SCALE FEET NO.DATE ey REVISION ai CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ATEOR UNDER MY DIRECT SUPERVISION NW THAT I AAI A EMILY LICENSED PROFESSIONAL ISVGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA STEVEN L ULLEHAUG CITY PROJECT NOS. 2013-01, 02, 03 & 04 SAP 109-102-001 KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS GENERAL LAYOUT DESVI BY 11,6J.SM DRUM BY 1L.BJ.SM DATE /15 DATE: LIC. NO. 41866 SIGNATURE: PRINTED NAME: Sheet City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: March 14, 2013 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2012 AND 2013 Recommendation: It is recommended that the City Council adopt resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period January 1, 2012 — December 31, 2013. Background: The current contract with LELS 82 (Police Officers and Detectives) expired on December 31 2011. An interest arbitration award was made on February 9, 2013 regarding LELS 82 and the City of Brooklyn Center for contract years 2012 and 2013. This labor agreement covers police officers and police detectives for a total of 38 employees. The Articles affected by the interest arbitration award include the following: Article 25 — Longevity and Education Incentive Increase the 16 year longevity $20/month effective January, 1, 2012. Article 29 — Insurance Effective 1/1/12, the City will contribute payment of seven hundred fifty four dollars ($754) per month per employee for use in participating in the City's insurance benefits. For 2012 employee electing to participate in a high deductible health plan will receive an incentive of one hundred forty five ($145) dollars per month. Effective 1/1/13, the City will contribute payment of seven hundred ninety four dollars ($794) per month per employee for use in participating in the City's insurance benefits. For 2013 employee electing to participate in a high deductible health plan will receive an incentive of one hundred forty five ($145) dollars per month. Article 30— Wage Rates Two (2%) increase for 2012 effective January 1, 2012. Two (2%) increase for 2012 effective January 1, 2013. Article 30.2 — Wage Rates Increase the detective classification by $35/month effective January 1, 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 Article 36— Duration January 1, 2012 — December 31, 2013. Budget Issues: The adopted budgets provide for a two percent general wage increase. It also provides for scheduled performance based step increases for employees below the range maximum as well as the health insurance contributions. Council Goals: 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 of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2012 AND 2013 WHEREAS, an interest arbitration award was made on February 9, 2013 regarding LELS Local 82 (Police Officers) and the City of Brooklyn Center, BMS Case No. 12-PN-0976 for contract years 2012 and 2013 as attached. WHEREAS, the contract has been written in accordance with the arbitrator's award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar years 2012 and 2013 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2012. Date ATTEST: Mayor 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. Master Labor Agreement Between City of Brooklyn Center And Law Enforcement Labor Services, Local Number 82 (Police Officers) January 1, 2012 — December 31, 2013 TABLE OF CONTENTS . ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 .Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 9 18 Leaves of Absence 9 19 Severance 9 20 Injury on Duty 10 21 False Arrest Insurance 10 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 12 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 16 32 Mileage and Expense Reimbursement 16 33 Light Duty 16 34 Health Care Savings Plan 16 34 Agreement Implementation 16 35 Waiver 16 36 Duration 17 ARTICLE 1 — Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 1 ARTICLE 4- Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 — Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7 - Sayings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction fromwhose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all Citizens by the United States and Minnesota Constitutions. 2 ARTICLE 9- Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this Agreement. Employees promoted or assigned to classifications covered by this Agreement shall accrue classification seniority in the promoted or assigned classification in addition to bargaining unit seniority. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new and promoted employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority on April 1 for the period May 1 through October 31 and October 1 for the period November 1 through April 30, or after a permanent change in the work schedule. A permanent change in the work schedule will not result in re-bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of April 1 or October 1. If the work schedule is to be re-bid by virtue of a permanent change in the work schedule, shift assignments will here-bid within 30 days after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall recognize reverse seniority by classification as the primary factor when calling off-duty employees to duty and when considering scheduled duty changes if such employees are qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 3 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call-up to Reserves or National Guard. ARTICLE 10 — Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a.hours worked on assigned shifts, b.holidays, c.assigned training, and d.authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.oral reprimand; b.written reprimand; c.suspension; d.demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure -id attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 4 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12 — Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the'Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that -such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement 'shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 5 Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing 6 it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13 — Overtime 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1 1/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one-half (1 1/2) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during a calendar year. Hours in excess of forty (40) up to twenty (20) hours will be paid out on or about the first check in December. Any hours less than 20 will be paid out on or about the first check in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. 7 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1 1/2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14 - Court Time 14.1 Court Appearances: 14.1.1 An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the • employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1.2 An employee who is required to appear in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay: 14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. 1E: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand-by for court should retain a copy of the notice placing them on stand-by, or obtain the name of the person placing them on stand-by. ARTICLE 15 - Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 8 ARTICLE 17 —Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18— Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19- Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in the Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. If the employee is not eligible to have a Health Care Savings Plan they will receive the one-third sick leave severance. 9 ARTICLE 20— Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) calendar day initial waiting period per injury. The three (3) calendar day waiting period shall be charged to the employee's sick leave account if they were regularly scheduled work days less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22- Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seq., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in-service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23— Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24- Uniforms The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $590 per year. ARTICLE 25— Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $118 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 10 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $222 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $118/month Master's Degree $202/month ARTICLE 26 — Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of holiday leave shall be advanced to employees on January 1 st of each calendar year beginning on January 1 st 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one-half (1 V2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one-half (1 1/2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January 1st of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 11 26.8 Any holiday leave not used on or before December 31 st of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27— Vacation Leave 27.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years -5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. No more than two hundred thirty (230) hours can carry over from year to year. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28— Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety-six (96) hours per year (computed at 3.69 hours per pay period) of full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal • quarantine of the employee, or because of serious illness in the immediate family Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and 12 grandchildren of the employee. In addition to the preceding conditions, supervisors may•approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines •that the situation requires the employee's presence. The four (4) special-use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick-leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a.notify the Employer prior to the time set for the beginning of their normal scheduled shift; b.keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours ma calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2012 Full-time employees Effective 1/1/12, the City will contribute payment of seven hundred fifty four dollars ($754) per month per employee for use in participating in the City's insurance benefits. For 2012 employee electing to participate in a high deductible health plan will receive an incentive of one hundred forty five ($145) dollars per month. 29.2 2013 Full-time employees Effective 1/1/13, the City will contribute payment of seven hundred ninety four dollars ($794) per month per employee for use in participating in the City's insurance benefits. 13 For 2013 employee electing to participate in a high deductible health plan will receive an incentive of one hundred forty five ($145) dollars per month. 29.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30 - Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1, 2012 Police Officer base rate: There shall be a 2% general wage increase and the salary structure for 2012. (P5) After 36 months of continuous employment $5773.50 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate 30.2 Effective January 1, 2013 Police Officer base rate: There shall be a 2% general wage increase and the salary structure for 2013. (P5) After 36 months of continuous employment $5888.97 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate 30.3 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred thirty-five dollars ($235) per month or two hundred thirty- five dollars ($235) prorated for less than a full month in addition to their regular wage rate.. Detective. Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred dollars ($100) per month or one hundred dollars ($100) prorated for less than a full month in addition to their regular wage rate. School Resource Officer Auto Theft Officer Task Force Officer Juvenile Officer 30.4 Detectives Serving On-Call: Detectives will work a schedule which requires them to serve on-call on a rotating basis. The City will pay each Detective serving on-call on a rotating basis one hundred sixty-five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on-call will be paid according to Article 14 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty-five ($165.00) per month nor will they be required to serve on-call. 30.5 Employees .classified or assigned by Employer to the position of Field Training Officer (FTO) will receive one additional vacation hour for every shift of eight hours or longer. 30.6 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The senior officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.7 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.8 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a.The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b.The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. c.When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one-half hour less than whole shift and be paid for whole shift. d.When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e.When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f.When dog is out of the care of the canine officer, all above items do not apply. 15 ARTICLE 31 — Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time'to time. ARTICLE 32— Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same terms and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 33— Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such tetms and conditions as would apply to non-Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34— Health Care Savings Plan 34.1 The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Health Care Savings Plan (HCSP.) 34.2 Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 34.3 All Employees with three or more years of service with a compensatory time balance as of December 1 of each year will pay the first 40 hours of the existing balance to the Employee's HCSP account. 34.4 All Employees eligible for retirement according to PERA and who terminate their employment from the City of Brooklyn Center will pay to the Employee's HCSP account at the time of termination, 40% of accumulated sick leave, all of the Employee's accrued vacation up to a maximum of 230 hours, and all of the Employee's accrued compensatory time up to a maximum of 60 hours. ARTICLE 34- Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 -Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 16 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36 - Duration This Agreement shall be effective as of January 1, 2012 and shall:remain in full force and effect until the thirty-first (31) day of December, 2013, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of 2013. FOR THE CITY OF BROOKLYN CENTER FOR LAW ENFORCEMENT LABOR SERVICES ..z1,2z(zo Mayor Business Agent City Manager 17 ( City Council Agenda Item No. 7a I- COUNCIL ITEM MEMORANDUM DATE: March 20, 2013 TO: City Council FROM: Curt Boganey, City Mana0SPA--- SUBJECT: Brooklyn Bridge Alliance for Youth Presentation Recommendation: Introduction of Executive Director, Rebecca Gilgen Background: The Brooklyn Bridge Alliance is a Joint Powers Board that includes the cities of Brooklyn Center and Brooklyn Park, Hennepin County and four (4) school districts: Anoka-Hennepin, Brooklyn Center, Osseo Area and Robbinsdale Area. Representatives from North Hennepin Community College and Hennepin Technical College also participate in the coordination. The Alliance ensures the success of all youth by challenging the conditions that diminish their hope, by assuring that all youth are connected to a trusted adult who is vested in their healthy development as measured by educational success and mastery of essential skills. The Brooklyn Bridge Alliance hired Rebecca Gilgen as its Executive Director on Monday, February 11. Rebecca will work with our partners in the community to achieve the following: Outcomes for Youth: Build hope and connect all youth 1.Youth will have access to high-quality programs beyond the classroom that build hope and prevent risk-taking behaviors 2.Youth are connected to a trusted adult 3.Youth will master essential life skills such as: problem solving, decision-making, skilled communication, resourcefulness, self-direction and responsibility 4.Youth will graduate from high school on time and be prepared for higher education and the workplace Strategic Plan Goals: Move ideas into action 1.Increase successful coordination of diverse stakeholders 2.Work collectively to increase access to expanded learning opportunities 3.Measure and improve the quality of expanded learning opportunities 4.Optimize the use of public and private resources to enhance the infrastructures that support expanded learning opportunities 5.Develop tools to share and coordinate data between expanded learning opportunities and schools 6.Engage youth in leadership opportunities to support their own development and inform the work of the community Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life foral/people and preserves the public trust COUNCIL ITEM MEMORANDUM A key role for the Brooklyn Bridge Alliance will be the monitoring and tracking the indicators for success. Budget Issues: There are no budget issues to consider. City Council Goals: 5. We will embrace the community demographic makeup and cultural diversity •Youth will be served by recreation and education programs and activities o All youth desiring to will be productively engaged in recreational activities and educational programs o Participation in community programs and activities will reflect the demographic makeup of the community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 3I III Ku.CD vt I In (4n -0 1CDCD -CI O 0 0 O -00 0 (D) 0CDCDCr) o 0 CD og.)OL)CD< 0 0 CD (Do 0 3a) 0co 0 0 -0 0 CD ‘R- g 0 CD OD 0 CDca 00 -03(1) CD (/) 0CDC,) 0 ■ 7 H 1,, CD© o 0 > rr c 7 D 7 ..I.77 FIT n, o P-, (=. 6 n o tit m. 0 0 mGA= czi ,,,,- _. w a) 0 ').,.J. (I) KO N M --0 CD0 OL) M 0-% CD * o . 6 o su n 0 PIa a) -0 o a 3 . 0,cp o C.su cn c n"-% r+. CD —it,I. Cl)... M(7 -0 CD-am ,_,.. 3 , vtsu -, (C2 0 VtU 0 -%5 = a) rD z cin 2 CX_:, I. imo CI) CD 0 CD 69" 0) H.0O CD CD •M0- 00 0 O 00000co coa) co (i)C1) 0CD co 0 70CD c'D0053)rat City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: March 20, 2013 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Presentation of the Afterschool System Building Invitation Conference by Wallace Foundation Recommendation: Hear presentation from Brian Siverson-Hall from ISD 279 Osseo Area Schools. Background: The Better Together Conference: Building Local Systems to Improve Afterschool was held in Baltimore on February 21-22. The Wallace Foundation sponsored this invitation-only conference. The National League of Cities invited the Brooklyn Bridge Alliance to participate in the conference. The Wallace Foundation's purpose is to ensure the after-school work of schools, nonprofits, parks and other organizations are coordinated to create better, more accessible prograMming citywide. Budget Issues: There are no budget issues to consider. Council Goals: We will embrace the community demographic makeup and cultural diversity •Youth will be served by recreation and education programs and activities o All youth desiring to will be productively engaged in recreational activities and educational programs o Participation in community programs and activities will reflect the demographic makeup of the community Mission: Ensuruig an attractive, clean, soft., inclusive community that enhances the quality of lift for people and preserves the public trust ( ( City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager • FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Special Assessment Public Hearing Appeals Recommendation: It is recommended that the City Council consider approval of the attached resolutions. Background: At the City Council Meeting on March 11, 2013 the City Council moved to continue the public hearing until March 25, 2013 for certain properties where appeals were made. Additional information was requested regarding the proposed special assessments for these properties. A summary of the findings for each property is attached. The appealed special assessments were the results of one property with long grass/weed abatements and two tree abatements completed in 2012. As part of the process, property owners were given notice to correct violations, received notice to pay the bills, and all unpaid fees were processed as a pending special assessment. In certain cases, property owners authorize the City to abate the public nuisance. The pending special assessment amounts are available to the public, including title companies when a property sale takes place. When a property is purchased, the buyer is responsible for all pending assessments and negotiating any outstanding fees with the previous owner. Information specific to each special assessment appeal is provided in the attachment. Budget Issues: The fees for these special assessments help recover the City costs associated with providing a service. Nuisance abatements are related to the direct costs incurred as a result of hiring a contractor to correct the violations at the property, as well as administrative costs related to compliance. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Attachments: Attachment I: Summary of Appealed Properties 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 Attachment II: Resolution for Tall Grass and Weed Removal Attachment III: Resolution for Diseased Tree Removal Attachment IV: Amended Special Assessment Certified Roll Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment I: Summary of Appealed Properties Address: 1201 57th Avenue Owner: Edward L Doll Appellant's Appeal: The owner stated that he was given a 10-day extension to remove the tree. The tree was removed within 3 days of receiving the extension. The owner stated he had a contractor that was willing to do it for less than the City's Contractor. Findings: The Compliance Notices were sent and a city-facilitated abatement involving the diseased Elm tree was conducted. The owner was sent a second notice to abate within 10 days; however, he came in to City Hall and informed City staff that his contractor was not able to remove the tree. He then told staff that the City may use its tree contractor to remove the tree. Following the public hearing on March 11, 2013, City staff inquired further into the appellant's claim about his contractor. Because the tree contractor is not registered and does not meet other requirements in order to be registered, the bid received by the property owner is considered invalid. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type Summary of Activity Fees Diseased Elm June 1, 2012 Diseased tree was marked and 1 St letter sent $1,198.91 Tree June 5, 2012 Signed contract received, stating owner will remove the diseased tree. June 22, 2012 2n1 letter was sent to remove tree within 10 days. Owner came into the office and verbally informed the program assistant to have the City's tree contractor remove the tree. June 25, 0212 The tree was removed by City contractor. July 10, 2012 Owner was sent the invoice. Because the owner had authorized the city to perform the abatement, the minimum $50 administrative charge was applied. March 14, 2013 A copy of a quote was requested by staff and provided by the property owner. The quote was from Jason Doll of J.D. Tree Service to remove the tree for $650.00. March 15, 2013 Based on the findings of a review of the quote, the quote is not considered valid. The following is a summary of the findings, which included information gathered from a phone conversation with the tree contractor 'Jason Doll: •Jason Doll stated he is the property owners' son. •The company JD Tree Service was not a registered tree contractor with the City in 2012, and is currently not registered as a tree contractor with the City. •Jason Doll stated his tree company is not insured or bonded. • JD Tree Service could not be found as a registered business through the Minnesota Secretary of State website. 12z, P o As %/v k jf-deaie 74/- 92/-922/ Ah.ck ,et-vt4 32477z.--e 4;1 Address: 5323 Brooklyn Blvd Owner: Daniel B Toweh, SR Appellant's Appeal: The owner stated that he agreed to have the tree removed and the fee assessed to the property and not assessed to him. He has a fixed income and cannot afford to pay the entire balance owed. Findings: The owner agreed to have the tree cut and the invoice was sent to him for the balance owed. He also agreed to have the cost of the tree removal plus fees levied as a special assessment to the property taxes if the invoice is not paid. Note: The costs of tree abatement will be distributed over a 5-year time period. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type•Summary of Activity Fees Tall Grass & Noxious Weeds August 2, 2012 Diseased tree was marked and 1 st letter sent August 6, 2012 Signed contract received, owner agreed to have the City's contractor remove the tree August 20, 2012 Tree was removed by City contractor August 22, 2012 Owner was sent the invoice. $4,431.88 Address: 5332 James Ave N Owner: Thu Huong Nguyen Appellant's Appeal: Owner stated that she is not familiar with the City's ordinance and did not receive the notice to cut her grass. She closed on the property in April 2012 but did not move in until October 2012. She also states that she has a financial hardship paying the entire cost. Findings: The property owner was sent proper notice for the grass violations and the grass was cut by the city contractor. The property owner is responsible for maintaining the property in compliance with City Ordinances even if not occupying the property. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type Summary of Activity Fees Tall Grass & Noxious Weeds June 26, 2012 1st Tall grass violation was letter sent July 5, 2012 Referred to grass cutter July 6, 2012 Grass was cut by City July 9, 2012 1st notice was returned by Post Office; Undeliverable. Address was consistent ownership records. July 11, 2012 Owner was sent the invoice $270.23 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2012 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 22, 2013, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2012, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2012 is hereby adopted and certified as Levy No. 18410. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six (6) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2014, and shall bear interest on the entire assessment from April 11, 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 April 10, 2013. After April 10, 2013, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 11, Page 9 of 11 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. 4. The City Clerk shall forthwith transmit a certified duplication 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. March 25, 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: whereon said resolution was declared duly passed and adopted. Page 10 of 11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statues Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 22, 2013, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2012, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2012 is hereby adopted and certified as Levy No. 18411. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2014, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from April 11, 2013 through December 31, 2014. 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 April 10, 2013. After April 10, 2013, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 11, 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. 4. The City Clerk shall forthwith transmit a certified duplication 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. March 25, 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: whereon said resolution was declared duly passed and adopted. cz; cc) f=10 a.) City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: March 20, 2013 TO: City Council FROM: Curt Boganey, City Mana, SUBJECT: Set Date and Time of Facilitated Strategic Planning Retreat Recommendation: It is recommended that the City Council consider approval/adoption of Background: At the last City Council Worksession the consensus of the Council was to accept the proposal from Craig Rapp LLC to facilitate a Strategic Planning Retreat on April 5 th and 6 th 2013. The retreat will be held at the Earl Browne Heritage Center. The agenda and exact starting time will be reviewed with Mr. Rapp this week. On Monday I will present this information to the City Council. Based on your direction the Friday meeting will in the early afternoon around noon or 1:00 p.m. The Saturday session will commence in the early morning around 8:30m or 9:00 a.m. Budget Issues: There are no budget issues to consider. Council Values: We believe that the very essence of leadership is to be visionary and to plan for the future Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7200-7224 Camden Ave N 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 7200-7224 Camden Ave N. 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 80-unit property qualifies for a Type IV provisional rental license based on 354 (4.43/unit) property code violations found during the initial rental license inspection and 11 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: 09-26-2012 11-01-2012 12-28-2012 12-31-2012 01-09-2013 01-23-2013 The Owner, Sean Bannerman, applied for renewal of the rental dwelling license for 7200-7224 Camden Ave N, a five building, 80 unit rental property; Evergreen Park Manor. An initial rental inspection was conducted. 354 (4.43/unit) property code violations were cited, see attached rental criteria. The inspector met the manager on site to review the license requirements. The previous rental license expired. A second rental inspection was conducted and failed A follow up inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM 01-23-2013 City records indicate 11 validated police incident/nuisance calls occurred in the past twelve months. Incidents were 02-05-2012 theft, 02-10-2012 aggravated assault, 02-10-2012 disturbing the peace, 02-18-2012 disturbing the peace, 6/28/12 theft, 07-13-2012 theft, 08-26-2012 disturbing the peace, 09-14-2012 controlled substance, 09-28-1202 disturbing the peace, 11-25-2012 vehicle theft, 12/27/2012 theft. 01-31-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-14-2013 A Mitigation Plan was submitted. 02-22-2013 The Mitigation Plan was finalized. 03-11-2013 A letter was sent to the owner notifying that the hearing before the Council will be held March 25, 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 teims 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 Mission: Ensuring an attractive, Clean, safe, inclusive conunanity 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 themitigation 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 al peopk 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 II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ um s 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 Type IV — 6 Months 1-2 units Greater than 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 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3 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 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 I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 ymat.--,17...4.0,, - - — - Kffil IT __ Phone: 763-569-3300 M' 711 Fox: 763-569-3360 WWW.cityofbrooklyncenterorg • Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or usefinable form on City website. .86iffori..4—Piiipei.tYInfO'rinatiou Property Address :7200 - 7224 Camden Ave N Brooklyn Center, MN 55430 Owner ,Nan?' Evergreen Park Manor Apartments LLC Local Agent . 1, n •r - ' ASr. P roperty Management Inc owner Address: 5605 West 36th St 11205, St LOUIS Park, MN 55416 Agent Address: 7212 Camden Ave N Brooklyn Center, hit 55430 Owner Phone:952.653.2100 Agent Phone:763 .556 .6591 Owner Email:askprop.corn Agent Email emilyk@askprop.corn Rental License: I I New I. I Renewal Current *Pending License Expiration Date: /...7./z/ /a .4 r Type IV License Exp. bate: 6 70 7 -1-r- (Six monthsfrOm 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 ' 13-t'.*qi,.iii0:. o6i.yrieiits Submit the following documents with the Mitigation Plan for approval: 1 I 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 I 3. Submit written report by l0'1' of each month (after license approval). 1 1 1.11 1 Section C— rime Free,ftousiiig Progi.aidlliiiiiir ements - e 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. .1 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums, 1 i 1 1 Page 1 Type IV Mitigation Plan Rev 11-16-11 i 4. Attend City approved eight hour Crime Free Housing course, Date Course Completed: . or Date Course Scheduled: 112-43' Phase!! if Complete Security Assessment and implement all security improvements reconimciided by the Brooklyn Center Police Department. Date Scheduled: e,-1 13 Improvements to be completed by: 5h/1 7 A e"--* Phase III . I / I I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: March 14, 2013 & May 9, 2013 Do these two meeting dates occur before the *rending Type IV License expiration date? ri Yes n No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: 1 1 {.I training includes techniques.will conduct resident annually that crime preventionI1I will hold regular resident meetings. . .. .„: . .,..... . . . . _ ;STii,6411-: ' Lolig TOrin Capital Improv:ettients Plan: Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date ate 2023 boiler 2063Furnace/AC- Water Heater-2021 Kitchen Appliances-2021 Laundry Appliances-2023 Exterior -Paint/Siding, fascia, trim 2014 -Windows -. 2018 -Roof 2040 -Fence 2018 -Shed NA -Garage 2030 -Driveway 2013 -Sidewalks 2033 Smoke Alarms & Carbon Monoxide Alarms 2023 Other(s) '.SctiOn {E .L Step 16:1114it:616:iManagement and Condition s ,iit Pimièr ty Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 11 il Check in with tenants every 30 days. II 1 I 2. Drive by property to check for violations twice a month. , Page 2 Type IV Mitigation Plan Rev 1146-11 For Use--Ntilluallull Plan APPro\ CrP Date'P lice Department / Title .272c1Date Buil • ng ndards Department / Title I 3 Evict tenants in violation of the lease and all addendums.F1dif 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 1 1 1 11 11 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 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. Sean Bannerman- V.P. Operations Owner or Agent Name and Title (Please Print) Date Emily Kolflat- Property Manager Additional Owner or Agent Name and Title (([applicable) (Please Print) Additionalw \n4Mieror gent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 Date City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7015-7021 Brooklyn Blvd 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 7015-7021 Brooklyn Blvd. 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 58-unit property qualifies for a Type IV provisional rental license based on 214 (3.69/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: 10-29-2012 11-07-2012 12-13-2012 The Owner, Jason Quilling, applied for renewal of the rental dwelling license for 7015-7021 Brooklyn Blvd, a two building, 58 unit rental property; Willow Lane Apartments. An initial rental inspection was scheduled. When the inspector arrived, he was notified by the manager that the tenants were not informed about the inspection. Only five units were available for inspection. When the inspector arrived, the manager stated she did not receive the correction orders from the owner and she had not completed the items. The inspectors Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life foral/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-26-2012 01-29-2013 01-29-2013 01-31-2013 02-01-2013 02-15-2013 03-10-2013 03-13-2013 conducted an initial inspection of the remaining units. 214 (3.69/unit) property code violations were cited, see attached rental criteria. The manager called to reschedul the follow up inspection from 01-16-2013 to 01- 29-2013 to allow time to make all repairs. A follow up rental inspection was conducted and passed with exterior weather deferral items. City records indicate two validated police incident/nuisance calls occurred in the past twelve months. Incidents were 02-15-2012 disturbance and 04-23-2012 burglary. The previous 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 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 March 25, 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. 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.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. 4.License Category Criteria. a. Property Code and Nuisance Violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (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 defmed in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves s the public trust COUNCIL ITEM MEMORANDUM 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 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 Owner Address:009 Ave N Brooklyn Park MN 35428 OWner Phone: 612-874 -.67l3.9 I City of Brooklyn Center 6301 Shingle Creel Parkway brooklyn Center. MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763 ,569-3360 wv.nv,(1;y0f1wOoktyntenter otg Rental license Mitigation Plan—Type IV Rental License I Iontlwritim plans not 1)e. accepted, Meuse ope or use filial* form on City website. $.cetio.n :.A.4:POperfy Property Address: 7015 -- 7021 1.3rOOklyn Owner Name: JasonQltiiiillgS : Local Agent: Blanca Phi-wine];/... .i Agent Address: lyn ' . • ' 7015 Brook Blvd • Agent Phone: .e)12-S7-1-6789 . Owner Email: Agent Entail: hlancaqu'entals@runtiil.ciOni". • Crime Free Musing Program 1 raining Certificate (if emupletcd. 111101 completed, please include scheduled date in Section C. Copy of Lease including Minnesota Crime Free !lousing LOW Addend= Salt1111 written report by 10" of each month (aner license approval). Rental License:Renewal: Current License12:iipiration Date: j/.3% 11.•*r /Six months from current license explrittim0 Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type ty 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 thnely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the MC-115MS that will he taken to ensure onvoineomoliance with Ch y Ordinances mid applicable Codes. The Mitigation Plan provides an Opportunity to review property concerns and identify possible solutions to improve the. overall conditions and manacement oldie property. NOTICE: Time is Running, Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Pion requirements within this *pending license period and avoid legal actions. "Seetron.04,Beci u i red .Docton -ents •I Submit the following documents with the Mitigation Plan for approval: 7 :_i 1 lirvl 3.I1 . 'Stielithi.'.0:Cri In e ,Frfin..i,iti O. •b , . . quirenr n ..•.... .___. ..„,_ Phase I I • Use written lease including Crime Free I lousing Lease Addendum. 2. Conduct criminal background check fur all prospective tenants. Provide documentation to City if _71 requvstvil. //1 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page Type IV Mitigation Plan Rev 11-1641 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled:mArtcn 27Th 2013Date Course Completed: or Phase II improvements recommended by the lei to be completed by: 4121 1 *I Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: FEBRUARY 27TH 2013 Improvements Phase III (two). 2013 & JULY 14TH 2013 I i -1I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: MAY 12TH Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify Type IV License expiration date? [?Yes 0 No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. ... . provided for common capital items. Funding or otherwise in violation prior to the estimated I. 1 ( I will have no repeat code violations documentedpreviously For properties with four or more units: i I will conduct resident training annually that includesIi II will hold regular resident meetings. Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, worn replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-NC Wall UM 06(2012/ fumate 05/1918 AC Wal units 0812013/ FUM.9 OW 2025 Water Heater-08/2000 0812024 Kitchen Appliances-10/2012 1012013 Laundry Appliances-05/2011 05/2014 Exterior -Paint/Siding, fascia, trim 07/2009 07/2014 -Windows 05/2002 05/2022 -Roof 03r2e45 03/2025 -Fence 07/2012 .07/2012 -Shed NIA N/A -Garage 05/2010 0512020 -Driveway 0812007 08/2027 -Sidewalks 08/2011 0012030 Smoke Alarms & Carbon Monoxide Alarms 02/2013 02/2014 Other s ni 1,:•vrv.._-,-- = 4 s... , , ...rev Implementing the following best practices may assist in the By checking the boxes below, you agree to: -1 1.e...v., In ..q7-•,=•..,..*"..A. management of your property. month. . _ Ile.7M l 1 I 1. Check in with tenants every 30 days.1 1 I/ 1 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 irAFl Lu I 11 I 11 III For City Use—Mitigation Plan Approved By: Date —2.12—tr Dak Police epartment / Title trim nity Standards Department / Title 3 Evict tenants in violation of the lease and all addendum's. 4.Provide lawn/snow service. 5.Provide garbage service. 6 Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 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 1AAn(-0). i.g)nevin4C"1 Owner or Agent Name and Title (Please Print) ---zotita Owner or Agent ignature r---teirrIAnAo CAN10-1Y -e-elA 0.(2((--(-y 10"laY4t. Additional Owner or Agent Name and Title (if applicable) (Please Print) a-24( 2I0 DateAdditional Owner or Agent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11 -16 -11 Date City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4141AL SUBJECT: Type IV 6-Month Provisional Rental License for 907 57 th Avenue N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 907 57 th Avenue N. 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 property would qualify for a Type II Rental License based on the number of property code violations (four) and validated police nuisance incidents (zero). However, since the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates, the license should be renewed as a Type IV Rental License. The property owner received a Type IV Rental License on September 10, 2012 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending 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. The following is a brief history of the license process actions. Current rental license approval activities: 09-08-2012 The owner, David LaFavor, applied for renewal of the rental dwelling license for 907 57 th Avenue N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 10-09-2012 11-08-2012 11-16-2012 11-30-2012 11-30-2012 02-05-2013 02-20-2013 02-27-2013 03-04-2013 03-11-2013 Prior Type IV 03-19-2012 04-16-2012 05-30-2012 05-30-2012 05-31-2012 06-18-2012 07-12-2012 08-08-2012 08-16-2012 08-20-2012 09-04-2012 COUNCIL ITEM MEMORANDUM An initial rental inspection was conducted. Four property code violations were cited, see attached rental criteria. A reinspection was conducted and passed. Administrative citation for $125 was issued for not meeting mitigation plan and ordinance requirements. The previous Type IV license expired. 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 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 March 25, 2013. Rental License approval activities: The Owner, David LaFavor, applied for renewal of the rental dwelling license for 907 57 th Ave N a single family dwelling. An initial rental inspection was conducted. Ten 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. The previous 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 reminder letter was sent to the owner regarding Type IV 6-Month Provisional Rental License requirements I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $125 administrative fine 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 September 10, 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 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 for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar 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 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 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. 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 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 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 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM 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 1.111itS 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 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 Mission: Ensuring an attractive, clean, safe, inclusive conununiOr that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Attachment - Copy of Mitigation Plan Approved as Part of the March 25, 2013 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 907 57 th Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Feb. 21. 2013 4:29PM Hard Anodize, Inc,No. 3389 P. 2 Phone: 763 -569-3300 rty 711 Pow: 763 -5694350 www-cityofbrooklyncenter.org '••:" , ' " • ' Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted Please type or use filtrable form on City website. •, Property Address: 907 - 57th Ave. N Owner Nen/e . David LaFavor .Local Agent Robert Klassen Owner Address: „ • 1156 Neumkep SI; Shakopee, MN 65319 Agent Address: . 143 Winona St. W; St. Paul, Mn 55118 Owner Ph°n0:651-904-9011 •Agent Phone; 651-665_0383 . OlYner Pnall:dave532@gmaii.com 'Agen t Enlail ?'136barinc.42@aolcom • Rental License: N Renewal: Current ' *Pending (Six months License Expiration Date; 1140-201 . Type lir License Exp. Date: 640-2013 . ,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. suiii-47 0...14.1 iiligNO Wixtk ::;.:,:.:..,-::::-...:.,.": ''' :- ..-. ,-..'::," - '• ; '.‘,...:1:*" ," ..-',..,7',;:,:.....`!",':,C.:::Y.;;;: Submit the following documents with the Mitigation Plan for approval: Irilli i 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 I I Submit written report by 10 th of each month (after license approval). , 1 i I1 1 Satioli.0-Ziiiii0iitatoifsietit. Ptegtinuktititiiiiimiii ' -:•.• ..., , ... •„ .... -•:.‘,.,, ...:-.:;.:,/;-;::;.:;,::- WA 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. Ly.... j 1 Page 1 Type IV Mitigation Plan Rev 11-1641 r City of Brooklyn Center 6301. Shingle Creek Parkway Brooklyn Center, MN 55430-2299 Feb. 27. 2013 4:29PM Hard Anodize, Inc.No. 3389 P, 3 Gjril. Attend City approved eight hour Crime Free Housing Date Course Completed: a-20-2012 course. or Date Course Scheduled: Phase II security improvements recommended to be Completed by: by the Approved 1 1 -16 -1 2 Complete Security Assessment and implement all Brooklyn Center Police Department. Date Scheduled: e'20-12 Improvements MIR I Will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 11013 & 344-13 Do these two meeting dates occur before the *Fending (*See Section 4) if no, you will only be able to qualify Pype IV License expiration date (J yes 0 No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. I 1 1 I will have no repeat code violations documentedpreviously For properties wit4 four or more milts: I will conduct resident training annually that includesE=1 I will hold regular resident meetings. Siciteit1) 41Afitk Trm Capital JmprovementsPIinV.;":;';: . " `,".-',.:';-: . ' :*.•:.:q:.,'':;''' . Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered ateerdingly. 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-2000 2025 Water Heater- Kitchen Appliances-2005 2026 Laundry Appliances-2005 2020 Exterior -Paint/Siding, fascia, trim —— 2005 2e25 -Windows 2003 2023 -ROof 4003 2028 -Fence 2000 2030 -Shed na no-Garage 2000 2060 -Driveway 2012 2032-Sidewalks na Tla Smoke Alarms tt, Carbon Monoxide Alarms 20t1 2019 Other(s) — E41-Ste .:Ccaidiiiiii.iVii4 , 1é efltafldCQfl(IftIons ofPr6 Implementing the following best practices may assist iii .the management.8 cheek* the boxes below, you agree to: of your property. month. I. Check in with tenants every 30 days. II I/ I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 E17.:1 3, Evict tenants in violation of the least and all addendum&p 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. 7. Provide maintenance service plan for appliances, Name of service co.: Ira) 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): 2-27-2013 Dateer or Agent ignature For City Use-A. tigation Plan Approved By tam, -4/43 '4 4/11-7 Date Feb. 27. 2013 4:30PM Hard Anodize, Inc.No. 3389 P. 4 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 Robert F. Klassen - Agent Owner or Agent Name and Title (Please Print) Additional Owner or Agent Name and Title (U applicable) (Please Print) Additional Owner or Agent Signature (if 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 907 57 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 907 57 t1i Avenue N, was issued a Type IV Rental License on September 10, 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 907 57 th Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings 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 907 57 th Avenue N, Brooklyn Center, MN. March 25, 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. 10e COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk\AMMXP Atht\* SUBJECT: Type IV 6-Month Provisional Rental License for 5812 Camden Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5812 Camden Ave N. 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 property qualifies for a Type IV Rental License based on the number of property code violations (eight) and validated police nuisance incidents (two). Also, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings and submit monthly updates. The property owner received a Type IV Rental License on May 29, 2012 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending 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. The following is a brief history of the license process actions. Current rental license approval activities: 08-13-2012 The owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5812 Camden Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that en/iances. the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-30-2012 12-26-2012 01-03-2013 01-28-2013 01-28-2013 02-01-2013 02-20-2013 02-15-2013 03-04-2013 03-11-2013 03-06-2012 04-10-2012 04-10-2012 04-17-2012 04-30-2012 05-17-2012 05-18-2012 05-18-2012 11-16-2012 Prior Type IV 02-02-2012 The previous Type IV license expired. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. The property was posted as unlicensed. A second inspection was conducted and passed. City records indicate two validated police incident/nuisance calls occurred in the past twelve months. Incidents were 04-22-2012 burglary and 09-01-2012 disturbing the peace. 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 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 March 25, 2013. Rental License approval activities: The Owner, Robert Miguel Rodriguez, applied for renewal of the rental dwelling license for 5812 Camden Ave N, a single family dwelling. An initial rental inspection was conducted and nine property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed. City records indicate one police incident/nuisance calls occurred in the past twelve months. (Burglary on 7-12-2011.) A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A final letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. Completion of Phases I, II, and III of Crime Free Housing Program, etc. A letter was sent to the owner notifying that the hearing before the Council will be held May 29, 2012. Administrative Citation for $125 was issued for not meeting Mitigation Plan and Ordinance requirements. 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 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 initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or, approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. 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, perfoun 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 Number of UnitsProperty Code Violations per Inspected Unit 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 Code Only) 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 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: 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 Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Updated Mitigation Plan - Resolution Approving a Type IV Rental License for 5812 Camden Ave N Mission: Ensuring an attractive, clean, safe, inclusive comnutnity that enhances the quality of life for all people and preserves the public trust Owner Name ' PiOtOti Investments lbc.Local Agerit. my Lam 9W17 Add - •.aia Blvd 6t 201 Minneapolis MN 55416 Agent Address':„0-he own er:PhOn e.::612..-b44 -757 •• .• :. .• • • Agent Pli0e; 612;703 -8035 :0Wher: protOnMhQtygM811.COM Agent nail:p rbtqrimn gmatl..com • spctiop Propprty Info rillation ert ' 1 "'" • " ' 'Carildèl'i :Avenue .Noith . . Current License Expiration Date: N°Vqmber 31:6 2012 , *Pending Type IV License Exp, Date: N4 )13 .1 st .201 (Six monihsfrom current license expiration) License: .II -:-.Renewal:•• •New. am City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3,300 TTY 711 Fox: 763-569-3360 www.cityOffroOklyntenterorg 1111111111•111111=111111111111V Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be aceepteeL Please type or use finable form on City wehsite. 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. Requir:ed Dmetiukents 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). riiiië. rée, ouSing Pi -rOrain.ReqUirenientS e 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 I 1 I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: May12012011 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Completed 511 I 2- Improvements to be completed by:i Phaseill will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: March 14th 2013 & may 910 2013 Do these two meeting dates occur before the *Pending Type IV License expiration date? *Yes E No (*See Section 4) If no, yon will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previouSly documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings.I ) rNe!E Te m ,Ca ital .Ini rnyements Plan tiPPAD!ALOng -, P _P Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated re lacement date will re uire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2015 Water Heater-2 2015 Kitchen Appliances-2008 2018 Laundry Appliances-zoos 2018 Exterior -Paint/Siding, fascia, trim NA 2018 -Windows Repaired Garage Window 9/21/2012 2020 -Roof 2015 -Fence NA -Shed NA -Garage 2020 -Driveway 2018 -Sidewalks _2018 Smoke Alarms & Carbon Monoxide Alarms 9/21/2012 2014 Other(s) -SeetlonT — Steps to Improve Managemeilt and Conditionsn Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to; 1. I 1 I. Check in with tenants every 30 days.M 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11 -16 -11 For city lise--Mitigation Plan Approved By Police Department / Title Date Bt ding muni Standards Department / Title Date Oil 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): Li Ill 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 1h 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. My Lam Owner or Agent Name and Title (Please Print) 2/14/2013 Owner or Agent Signature Date Additional Owner or Agent Name and Title ( applicable,) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11 -16 -11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5812 CAMDEN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5812 Camden Avenue N, was issued a Type IV Rental License on May 29, 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 5812 Camden Avenue N, Brooklyn Center failed to failed to attend Owners/Managers Association Meetings 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 5812 Camden Avenue N, Brooklyn Center, MN. March 25, 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. COUNCIL ITEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AINtrAke SUBJECT: Type IV 6-Month Provisional Rental License for 5432 Dupont Avenue N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5432 Dupont Avenue N. 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 property would qualify for a Type III Rental License based on the number of property code violations (six) and validated police nuisance incidents (zero). However, since the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, the license should be renewed as a Type IV Rental License. The property owner received a Type IV Rental License on October 8, 2012 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending 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. The following is a brief history of the license process actions. Current rental license approval activities: 11-30-2012 The previous Type IV license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ahlpeople and preserves the public trust COUNCIL ITEM MEMORANDUM 12-10-2012 01-03-2013 01-09-2013 02-12-2013 02-12-2013 02-15-2013 02-15-2013 02-26-2013 03-06-2013 03-06-2013 03-08-2013 03-13-2013 The owner, Xiangming Guan, applied for renewal of the rental dwelling license for 5432 Dupont Ave N, a single family dwelling. The property was posted as unlicensed. An initial rental inspection was conducted. Six property code violations were cited, see attached rental criteria. A second inspection was conducted and failed. A $100 reinspection fee was assessed to the property A reinspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The $100 reinspection fee was paid. 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 fmalized A letter was sent to the owner notifying that the hearing before the Council will be held March 25, 2013. Prior Type I V Rental License approval activities: 03-08-2012 The Owner, Xiangming Guan applied for renewal of the rental dwelling license for 5432 Dupont Ave N, a single family dwelling. 03-29-2012 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 05-01-2012 A second rental inspection was conducted and failed. 05-31-2012 The previous rental license expired. 06-06-2012 A follow-up inspection was conducted and failed. 06-20-2012 A follow-up inspection was conducted and failed. 06-22-2012 The inspector discussed by phone with the owner the appropriate method required to make the corrections. 07-27-2012 $300 in reinspection fees were paid. 07-30-2012 The rental inspection passed. 07-30-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 08-03-2012 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-20-2012 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-31-2012 A $125 Administration Citation was issued for not submitting a mitigation plan. 09-20-2012 A Mitigation Plan was submitted. 09-21-2012 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 10-01-2012 A letter was sent to the owner notifying that the hearing before the Council will be held October 8, 2012. If approved, after six months, a new rental license 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 alipeople 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 1 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 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: 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 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 - Updated Mitigation Plan - Resolution Approving a Type IV Rental License for 5432 Dupont Ave N Mission: Ensuring an attractive, clean, safe, inclusive connnunity that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center 6301 Shingle Creek Parkway 6rooklyn Center, MN 55430-2199 MAR 0 6 :pm Phone: 763-569-3300 TTY 711 Fax:. 763-569-3360 www.rityolbrooklyncenter.org Rent& License Mitigntion Platt—Type IV Rental License Moulirritien /Am will not he accepted. Please Ope orusc finable jin-ln on Cily teebsite. Section , A— Property Information Property Address: 5432 Dupont Avenue N Owner Name: Xiangrning Guan Local Agent: Candace Cobb Owner Address: 1417 7th St. Brookings, SD 57006 Agent Address: 4542 Nicollet Avenue, Mpls. 55419 Owner Phone: 605-695-2118 Agent Phone: 612-600-7884 Owner Email: xiangming.guan@sdstate.edu Agent Email: candace@urbanrent.corn Rental License: 1-- New I I Renewal: Current *Pending (Six months License Expiration Date: 1 1/ ,lo I fa. $4,,,r- Type W License Exp. Date: S /31 ) a k7 from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above tefereneed property qualifies for a Type IV Rental License. Before 'our license application can he considered by the CityCouncil, a Mitigation Plan must be completed tind reviewed by Cit> staff. A fully completed Mitigation Plan must be submitted immediately to ensure tiniely completion or 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 onuoinucomplianee with City Ordinances and applicable Codes, The Mitigation Plan provides an opportunity to rev ie‘v property concerns and identify possible solutions to improve the overall conditions and management or 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 tliis *pending license period and avoid legal actions. SecOdji')34:Rk-Oitod, .P .opugkOnt Submit the folloWing documents with the Mitigation Plan for approval; M I Crime Free !lousing Program Training Certificate (if completed, if not completed, please include1-11 schednled date in Section C. 1 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th ()reach month (after license approval). 1Section C.-.Crinte VreelliniAnk -Ptc_gram Rettnirentents .',1rr.le I. Use written lease including Crime Free Housing Lease Addendum. I 1 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants Wilt) violate the terms of the lease or any addendums.. Page 1 Type IV Mitigation Plan Rev 11-16-11 4, Attend City approved eight h tr C 'ine Free Housing course. qga sa .10- .1.4r----Date Course Completed: or Date Course Scheduled: 44tifel, Phase II .EA Complete SeCurity Assessment and implement all security improvements recommended by the BrOoklyn Center Police Department. september10, 20 1 2Dat Scheduled; Improvements to be completed by: Phase III I / 11 will attend a minimum of 50%-of the ARM meetings (two). I will attend the ARM meetings scheduled for: January 10 & Martha Do these two meeting dates occur before the *Pendini.; Toe 11' License expiration date? li Yes No (*Sc'e Section .4) If no you will only he able to qualify for a Type IV Rental License upon renewal. t 1 Ii will have no repeat code violations documented thepreviously within past year. For properties with Pur or wore units: 1 .I I includeswill conduct resident training annually that crime prevention techniques. I will hold regular resident Meetings. Section D , Long Term CapitalImprovements Plan Rased on condition and age, estimated replacement dates are provided for common capital items. Funding should he considered accordingly. HtAN'eVer. items broken worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Fumace/AC-1984 2024 Water Heater-2007 2014 Kitchen Appliances-2010 2020 Laundry Appliances-1999 2015 Exterior -Paint/Siding. fascia, trim 2011 2016 -Windows 1995 2030 ;Roof 2001 2031 ...Fence na -Shed na-Garage 1947 2047-Driveway 947 2020-Sidewalks 1947 2020 Smoke Alarms & Carbon Monoxide Alarms 2012 2014 Other(s). :Sdetiaiit -..:Steps -tO;ImprOYe.Management and Conditions of PrOtierty • Implementing the following best practices may assist in the management of your property. By checking the boxes belomyou agree to: II I I I Check in with tenant S every 30 days. 2. Drive by property to cheek for violations twice a month. Page 2 Type IV Mitigation Plan Rev 1146-11 Owner or Aga 'ante and Tin a (Please Print) áL ON er fer "Pr A fir 3/6/13 Date Additional Owner or Agent Signature (if applicable) Date Poli- Department / Title g & onfmtlnity Standards Department / Title Type IV Mitigation Plan Rev 11-1641Page 3 I Evict tenants in violation of the lease and all addendums.H 4. Provide lawn/snow service. 5.Provide garbage service. Install security system. 7. Provide maintenance service plan for appliances. Name of servi e co.: 1 8. I am and ‘vill remain current on payment of utility fees, taxes, assessments, fincS, penalties and other financial claims due to the 'City.11 I 9. Other(s): 6. Please read thoroughly: lithe Type TV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable eity codes. No later than the 10 th of eaeh calendar month, the licensee must submit to the tit:HOME, 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. Candace Cobb, Property Manager Additional Owner or Agent Name and Title (if applic.able) (Please Print) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5432 DUPONT AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5432 Dupont Avenue N, was issued a Type IV Rental License on October 8, 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 5432 Dupont Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings. 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 5432 Dupont Avenue N, Brooklyn Center, MN. March 25, 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. lOg DATE: March 25, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk M4M. 1'4114a r/Nk- SUBJECT: Type IV 6-Month Provisional Rental License for 5214 Ewing Avenue N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of two Type IV 6-Month Provisional Rental Licenses for 5214 Ewing Avenue N for periods of May 1, 2012 to October 31, 2012 and November 1, 2012 to April 30, 2013. 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 two renewal rental licenses. The license from May 1, 2012 to October 31, 2012 qualifies for a Type IV Rental License based on the number of property code violations (twenty-seven) and validated police nuisance incidents (one for burglary on 03-27- 2012). An acceptable mitigation plan was not submitted and approved by staff until the rental license expired. Therefore, the owner did not 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. The license from November 1, 2012 to April 30, 2013 qualifies for a Type III Rental License based on the number of property code violations (eight) and validated police nuisance incidents (one for burglary on 03-27-2012). However, since the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to Complete Phase I and II of the Crime Free Housing Program, attend the Owners/Managers Association Meetings, the license should be renewed s a Type IV Rental License. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase I and 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. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner and property manager met with staff and is working to meet the license requirements, and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 10-22-2012 The owner, My Truong, applied for renewal of the rental dwelling license for 5214 Ewing Avenue N, a single family dwelling. 11-26-2012 The owner was not on site for scheduled inspection and no access was allowed by the tenant 12-04-2012 The management company contacted the inspector regarding the missed inspection. The inspector explained that the inspection was rescheduled since the property was not accessible. 12-12-2012 An initial rental inspection was conducted. Five property code violations were cited, see attached rental criteria. 01-11-2013 A second inspection was conducted and passed. 01-11-2013 A $100 reinspection fee was charged to the property. 02-05-2013 The $100 reinspection fee was paid. 02-05-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Incident was burglary on March 27, 2012. 02-20-2013 A Mitigation Plan was submitted. 03-01-2013 The Mitigation Plan was finalized. 03-11-2013 A letter was sent to the owner notifying that the hearing before the Council will be held March 25, 2013. Note: This license will expire on 04-30-2013. Prior Type IV Rental License approval activities: 04-30-2012 The previous Type III license expired. 05-02-2012 The property was posted as unlicensed. 05-03-2012 The owner, My Truong, applied for renewal of the rental dwelling license for 5214 Ewing Avenue N, a single family dwelling. 05-07-2012 An initial rental inspection was scheduled. When the inspector arrived, the tenant stated she was moving out and the inspection was rescheduled. 06-05-2012 A $300 Administrative Citation was issued for operating a rental property without a valid license. 06-13-2012 A $600 Administrative Citation was issued for operating a rental property without a valid license. 07-02-2012 The inspector was on site for the scheduled inspection and no one was there. 07-09-2012 An initial rental inspection was conducted. 24 property code violations were cited, see attached rental criteria. 07-12-2012 A $1,200 Administrative Citation was issued for operating a rental property without a valid license. 08-02-2012 A second rental inspection was conducted and passed. 08-02-2012 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Incidents were burglary on March 27, 2012. 08-03-2012 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental 08-20-2012 08-31-2012 09-13-2012 09-26-2012 09-26-2012 10-03-2012 10-17-2012 10-17-2012 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 Administrative Citation was issued for failing to submit a mitigation plan. A $500 citation was issued for failing to submit a mitigation plan. A $2,000 Administrative Citation was issued for operating a rental property without a valid license. A $1,000 Administrative Citation was issued for failing to submit a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. Note: This license expires on 10-31-2013. 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. 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 eondition 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. 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 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 025 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 -Updated Mitigation Plan -Resolution Approving a Type IV Rental License for 5214 Ewing Ave N Submit the following documents with the Mitigation Plan for approval: I. Crime Free Housing Program Training Certificate Of completed. if not completed. please include scheduled date in Section C. . Copy or Lease including Minnesota (rime Free Housing Lease Addendum 3, Submit written repun by I O th of each month (after license approval). I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 ITY 711 www.cityolbrooklyacentetor8 FOX' 763-569-3360 INSIIIIIIINISLamitilIMMESTartaar2:-.7, ; .:1-,..., , ,, . , ' .: , , ,- Rental License Mitigation Plan—Type IV Rental License iiandwritten plans will not be accepted. Please Ore or use finable farm on City website. . .. .,Secti on'.A-:- PriiiCeryinfpriiiitiiiii•: Property Address: 5214 Ewing Ave N Owner Name: .1 and Ni Homes II LLC Local Agent: Eric Da Owner- Address: 2400 Blaisdell Ave 8, 4B2 Minneapolis MN 55404 Agent Address: Same Owner Phone: 612-870-6294 Agent Phone: 612-481-1056 - Owner Email: jandrohomesii@gmail.COM Agent Einail: jandmlioniesii@gmail.com Rental License: Fl Nev ilt,r4 Renewal: Current *Pending License Expiration Date: il0 b' (IL A r Type IV License EXp. Date: `14 So 1 i 7 kr- qix sooniltdrom amnia license opiratioal Based on property conditions and/or validated police nuisance incidents, the above referenced property qualities for a inx: IV Rental License. Before your license application can he considered by the City Council, a klitigation Plan must be completed and reviewed by City staff, A fully completed Mitigation Plan must be submitted inunediately to ensur,2. (inlet), 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 complaacs 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. IM c I I. Use written lease including Crime Free Housing Lease Addendum. /. Conduct criminal background cheek 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 TOe P.1 Mitigation Plan Rev 11-1641 ago 4. Attend City approved eight hour an;Free llousIng or course. Date Course Scheduled;20'13Rate Course Complctsxl: —Phase II intpletrient iil Security Improven rits to be improvements recommended by the .aeakoyer--- 11. 1 6 tornpleted by:I NM (3ornplete Security ASSeSSInen1 And Blooklyn Center t'olice •partmeni. Date Scheduled: i'2 --Phase Ill the ARM meetinp (two for: In'T'17— % r (4,...-tororr— 113I If 11 will attend a minimum or SO% of I will attend the ARM meetings scheduled Do these two meeting dates our before (*See Swim) 4) 1 r no, you will only the *Pe.nding Ore ill he able in qualify for 11 Type previously documented within that includes crime prevention License expitution date? a Yes E IV Rental 'License upon renewal. the past year. techniques, No t 1 I will have no repeat code violations Por properties with four or :note units:L.1 I will e ondott tv5idolt training annually =1 I will hold regular resident meetings. . ,.. _ El`* ..14ni, fir IP 'CaPi141 lapfoy,elijoitgaqin Rased on condition and a, estbilAled repl)centent should be considered aceordiogly. However, re lacernert date will re. uire earlier corrections. ,._. dates Are provided for items broken, worn Or otherwise ,,_ common capital items. Fumiing in 'itiOiritiOli prior In the estimated _Date Last Replaced Estimated Replac-entent Date ST2020Furnace/AC-*mos a you$ Water Heter-orthirt 6 yftvzs 91)2020 Kitch__FLappi A fiances-sours s raw*.5,40201S Latinclq A innces-mkt, s ,c2;r:_6:02018 Exterior -PaintiSiding. faseiu. trim_ -Windows, topeount v4-4t-e ne•rded in 2012 6rozceo vranir 10 y•44/ii Eti./Xtte -KOMI ___, _.. , ......,_... -.rene.e — cavtle now/ Jur %Ill il a ,V3tS swage re 112a t 7 HA -Shed to. icri12012 WI/203 -Sidewalks _ - •ds4Sr.,,kro....”ort5rtos tr..% Smoke Alarm .....s F Carbon Monoxide Alarms. — _ai 3'1/2016 ()theft's) dr'PrOi* l' • ' : ' _' giitititip- f'.;iiittitailtiai i Wunue,aituit:Aind iC4iiiiitliiii... lot plemeittioR tilt following best practices may IISSISt in the 111:inagillnent of your r aoperty. By cireahtg the boxes below, you agree to: 11 I I Check in with lellAntS Mr) 30 days.11E4 2. Drive hy propmy to riled for violations twice a month. 7 -a 02/08/13 P lease read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved itigation 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 a7proved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond tF e license expiration date; enforcement actions such as citations, formal complaint or license review may result. Eric Da Property Manager Cwner or Agent Name and Title (Please Print) Cwner or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) A dditional Owner or Agent Signature (if applicable) Date For City Use—Mitigation Plan Approved By; Type IV Mitigation Plan Rev 1146-11ge 3 nity Standards!Department / Title 4AMR- 5 uildii Vir46 // /AR Date Date olice Department / Title 3 Evict tenants in violation of the lease and all addendurns. 4.Provide lawn/snow service. 5.Provide garbage service. 6. Install security system. 7 . Provide maintenance service plan for appliances. Name of service co,: 1 I 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.11 1 9. Other(s): 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5214 EWING AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5214 Ewing Avenue N, was issued a Type III Rental License on September 27, 2011; and WHEREAS, the property qualified for a Type IV rental license with an expiration date of October 31, 2012; and WHEREAS, the property qualifies for a Type IV rental license with an expiration date of April 30, 2013; 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 5214 Ewing Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, turn in monthly updates, failed to submit a Crime Free Housing Certificate, and failed to complete security improvements. 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 5214 Ewing Avenue N, Brooklyn Center, MN. March 25, 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 March 25, 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. Riverwood Townhome Association Housing Improvements 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: March 25, 2013 TO: Curt Boganey, City Manager FROM:Vickie Schleuning, 2ssistant City Manager/Director of Building and Community Standards SUBJECT: Riverwood Townhome association has submitted an application requesting the City establish a Housing Improvement Area Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with the process to establish a Housing Improvement Area for Riverwood Townhome Association. Background: State law authorizes a city to establish a Housing Improvement Area if petitioned by the owners of at least 50% of the housing units within the proposed area. The area is established by ordinance after the City Council holds a public hearing regarding the proposal and approves the Housing Improvement Area. The Riverwood Association consists of 20 units. A map is attached showing the property location and layout. The attached application has been signed and submitted by the property manager. The Riverwood Association Declaration, By-laws, and Financial Statements are not included with this memo due to the size and purpose of this discussion. However, they would be provided as part of any official City actions and are available upon request. The Association is requesting the City provide financial assistance in order to make repairs to the property and housing units. The specific repairs include replacement of the current driving and parking area, landscape repair, and swimming pool repair. The City would be repaid through a special assessment against the housing units. The purpose of this Work Session item is to discuss the option of establishing a home improvement area for this project and whether staff should move forward to process this request. If the City Council accepts this proposal, the next step in the process will be for the home owner association to submit a petition signed by 56% of the residents. Then the City Council will be presented with the residents' petition, and call for a public hearing to approve an Ordinance Amendment. The remaining steps will follow the Ordinance Amendment process. Policy Issues: •The Housing Improvement Area Policy adopted by council on February 14, 2011 is attached for your review. •Some financial risk exists to the City for collection of debt through special assessment. Does the financial risk outweigh the benefits? Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • Current Minnesota State Law regarding Housing Improvement Areas is scheduled to expire on June 1, 2013, which means that cities could not establish new housing improvement areas. Historically this law has been extended. However, if this law is not updated, the City will not be able to establish a housing improvement area. Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods 4. We will improve the city's image Attachments: Attachment I: Attachment II: Attachment III: Attachment IV: Attachment V: City Housing Improvement Area Policy State Statute Relating to Housing Improvement Areas Application for a Housing Improvement Area Riverwood HIA Bank Loan Rejection Letters Location Map Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Attachment I: Housing Improvement Area Policy Commissioner Kay Leaman introduced the following resolution and moved its adoption: HRA RESOLUTION NO. 2011-01 RESOLUTION ADOPTING HOUSING IMPROVEMENT AREA POLICY WHEREAS, Strategic Goal Three (3) of the City Council is to stabilize and improve residential neighborhoods; and WHEREAS, it has been determined that within the City of Brooklyn Center there are townhome developments in need of repair and improvements; and WHEREAS, Minnesota Statutes, Section 428A.11to 428A21 provide a means by which a Housing Improvement Area (HA) may be established allowing a Townhome Association to petition the City to assist with the financing of approved common area improvement projects; and WHEREAS, the City CounciliHRA has reviewed the attached policy and procedures for the consideration of creating a HIA in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Brooklyn Center that the attached Housing Improvement Area Policy is adopted as the Official Policy of the Housing and Redevelopment Authority of the City of Brooklyn Center. February 14,2011 Date Chair The motion for the adoption of the foregoing resolu t ion was duly seconded by Commissioner Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the vainly of life for all people and preserves the public trust r2;-;.... MEMORANDUM - COUNCIL WORK SESSION CITY OF BROOKLYN CENTER HOUSING IMPROVEMENT AREA PROGRAM POLICY 1.PURPOSE The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (H1A) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 2.AUTHORITY The City of Brooklyn Center has the authority to establish HIAs under Minnesota Statutes, sections 429A.11to 428.21. Such authority expires June 30, 2013, subject to extension by future legislation. Within a HIA, the City has the authority to: A.Define and assist in the financing of housing improvements for owner-occupied housing in the City. B.Levy housing improvement fees. C. Issue bonds or advance funds through an internal loan to pay for housing improvements. The City Council has the authority to review each HIA petition, which includes scope of improvements, association's finances, long term financial plan and membership support of at least 56% of current owners 3. ELIGIBLE USES OF HIA FINANCING As a matter of adopted policy, the City of Brooklyn Center will consider using HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A.To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in a neighborhood. B.•To correct housing or building code violations as identified by the City Building Official. C.To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated H1A. D.To increase or prevent the loss of the tax base of the City in order to ensure the long term ability of the City to provide adequate services for its residents. E.To stabilize or increase the owner occupancy level with a neighborhood or association. F. 4. HIA APPROVAL All HIA financed through the City of Brooklyn Center should meet the following minimum approval criteria. However, it should not be presumed that a project meeting Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any Association with the City. A.The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, required changes in the Plan and Ordinances must be under active consideration by the City at the time of approval. B.The HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines and other appropriate financial requirements and policies. C.The project should meet one or more of the above adopted HIA Goals as stated in Section 3 of this policy. D.The application for the creation of the HIA shall be from the Home Owner's Association (HOA). E.The term on the HIA should be the shortest term possible while still making the annual fee affordable to the Association members. If the HIA is financed through issuance of bonds, the bonds will mature in no later than 15 years, and all improvements financed must have a life expectancy of at least 120% of the length of the term of financing. If the HIA is financed through a loan of other funds, the terms of the loan will be determined based on the facts of circumstances of that HIA. F.The Association in a HIA should provide adequate financial guarantee to ensure the repayment of the HIA financing and the performance of the administrative requirements of the development agreement Financial guarantees may include, but are not limited to the pledge of the Association's assets including reserves, operating funds and/or property. G.The proposed project, including the use of HIA financing, should be supported by a petition of at least 56% of the owners within the Association requesting the creation of the HIA. The Association should include the results of any membership votes along with the petitions to create the area. H.The Association must have adopted a financial plan, prepared by an Independent third party mutually acceptable to the Association, the City Finance Director and HRA staff, that provides for the Association to finance maintenance and operations of the common elements with the Association and a long-range plan to conduct and finance capital improvements therein, which does not rely upon the subsequent use of the HIA tool. I.HIA financial assistance is considered "last resort financing" and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the Association has sought other private financing for the project will be required and should include an explanation and verification that an assessment by the Association is not feasible along with at least two letters from private lenders or other evidence indicating a lack of financing options. J.The Association will be required to enter into a development agreement and disbursement agreement, which may include, but is not limited to the following terms: •Establishment of a reserve fund •Conditions of disbursements 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 •Required dues increases •Notification to new owners of levied fees •Staffing requirements for the Association related to third party involvement annual reporting requirements K.The improvements financed through the HIA should primarily be exterior improvements and internal improvements integral to the operation of the project, e.g. boilers. The improvements must be of a permanent nature. The Association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. L.HIA financing will not be provided to those projects that fail to meet the goals and criteria set forth in this policy, as amended from time to time. M.The financial structure of the project must receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. N.The average market value of units in the Association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. (In 2009, the metro amount is $298,125). The Association will be required to pay all third party costs incurred by the City of Brooldyn Center in connection with the HIA if the HIA does not go forward for any reason. If the HIA does go forward the City will pay its third party costs from the administrative charges described in section 5. The Association will be required to enter into contracts for construction of the housing improvements, subject to review and approval of designs and specifications by the City or BCHRA as the implementing entity. The Association will be required to demonstrate that it obtained at least three bids for work on the housing improvements and all contracts must be with contractors who are licensed and insured. 5. HIA FINANCING Appropriate methods for funding the improvements in an HIA include: A.City issued bond B.Existing City fund balances C. Brooklyn Center Housing and Redevelopment Authority fund balances The Association will pay the City an assessment fee of 2% of the total amount of project or the total amount of all third party costs, which is ever greater to cover administrative costs. This amount may be financed over time by adding to the fee, or the City may elect to finance the administrative charge through proceeds of bonds or an internal loan. The division of the costs for the proposed improvements (i.e. how the fee is spread to unit owners) shall follow the method utilized in the Association's by-laws and declarations call for the fee to be imposed on a basis other than tax capacity or square footage, the City Council must make a finding that the alternative basis is more fair and reasonable. 6. BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Staff from the Brooklyn Center Housing and Redevelopment Authority (BCHRA) along with the City of Brooklyn Center Finance Director will be the primary staff persons working on HIA requests. BCHRA funds may be utilized to fund the improvements to take place in a HIA if both the City Council and the BCHRA Boards authorize the use of such funds. If it is determined that BCHRA funds will be used, the City Council will still be required to make the findings of need regarding the creation of the HIA, adopt an ordinance establishing the HIA and designate the BCHRA as the implementing agency. If the BCHRA is designated as the implementing agency, and once the appeal period expires, the BCHRA Board shall hold a public hearing and consider the adoption of a fee resolution that divides the costs of the improvements to the individual owners, except that if the fee is imposed on a basis other than tax capacity or square footage, the City Council must make the finding described in section 5 of this policy. Mission: Ensuring an attractive, clean, safe, inclusive connnunity that enhances the quality of life • for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Attachment II: State Statute Relating to Housing Improvement Areas 428A.11 HOUSING IMPROVEMENT AREAS; DEFINITIONS. Subdivision 1.Applicability. As used in sections 428A.11 to 428A.20, the terms defined in this section have the meanings given them. Subd. 2.City. "City" means a home rule charter or statutory city. Subd. 3.Enabling ordinance. "Enabling ordinance" means the ordinance adopted by the city council establishing the housing improvement area. Subd. 4.Housing improvements. "Housing improvements" has the meaning given in the city's enabling ordinance. Housing improvements may include improvements to common elements of a condominium or other common interest community. Subd. 5.Housing improvement area. "Housing improvement area" means a defined area within the city where housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. Subd. 6.Housing unit. "Housing unit" means real property and improvements thereon consisting of a one-dwelling unit, or an apartment or unit as described in chapter 515, 515A, or 515B, respectively, that is occupied by a person or family for use as a residence. Subd. 7.Authority. "Authority" means an economic development authority or housing and redevelopment authority created pursuant to section 469.003, 469.004, or 469.091 or another entity authorized by law to exercise the powers of an authority created pursuant to one of those sections. Subd. 8.Implementing entity. "Implementing entity" means the city or authority designated in the enabling ordinance as responsible for implementing and administering the housing improvement area. 428A.12 PETITION REQUIRED. No action may be taken under sections 428A.13 and 428A.14 unless owners of 50 percent or more of the housing units that would be subject to fees in the proposed housing improvement area file a petition requesting a public hearing on the proposed action with the city clerk. No action may be taken under section 428A.14 to impose a fee unless owners of 50 percent or Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION more of the housing units subject to the proposed fee file a petition requesting a public hearing on the proposed fee with the city clerk or other appropriate official. 428A.13 ESTABLISHMENT OF HOUSING IMPROVEMENT AREA. Subdivision 1.0rdinance. The governing body of the city may adopt an ordinance establishing one or more housing improvement areas. The ordinance must specifically describe the portion of the city to be included in the area, the basis for the imposition of the fees, and the number of years the fee will be in effect. In addition, the ordinance must include findings that without the housing improvement area, the proposed improvements could not be made by the condominium associations or housing unit owners, and the designation is needed to maintain and preserve the housing units within the housing improvement area. The ordinance shall designate the implementing entity. The ordinance may not be adopted until a public hearing has been held regarding the ordinance. The ordinance may be amended by the governing body of the city, provided the governing body complies with the public hearing notice provisions of subdivision 2. Within 30 days after adoption of the ordinance under this subdivision, the governing body shall send a copy of the ordinance to the commissioner of revenue. Subd. la.Prerequisites for establishing. Prior to establishment of a housing improvement area, the governing body of the city must: (1)provide full disclosure of public expenditures, as well as the terms of any loans, bonds, or other financing arrangements for housing improvement area projects; and (2)determine whether the association or the implementing entity will contract for the housing improvements, and ensure that any contracts made by the implementing entity are subject to section 471.345. Subd. 2.Public hearing. The notice of public hearing must include the time and place of hearing, a map showing the boundaries of the proposed area, and a statement that all persons owning housing units in the proposed area that would be subject to a fee for housing improvements will be given an opportunity to be heard at the hearing. Notice of the hearing must be given by publication in the official newspaper of the city. The public hearing must be held at least seven days after the publication. Not less than ten days before the hearing, notice must also be mailed to the owner of each housing unit within the proposed area. For the purpose of giving mailed notice, owners are those shown on the records of the county auditor. Other records may be used to supply the necessary information. At the public hearing a person owning property in the proposed housing improvement area may testify on any issues relevant to the proposed area. The hearing may be adjourned from time to time. The ordinance establishing the area may be adopted at any time within six months after the date of the conclusion of the hearing by a vote of the majority of the governing body of the city. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Subd. 3.Proposed housing improvements. At the public hearing held under subdivision 2, the proposed implementing entity shall provide a preliminary listing of the housing improvements to be made in the area. The listing shall identify those improvements, if any, that are proposed to be made to all or a portion of the common elements of a condominium. The listing shall also identify those housing units that have completed the proposed housing improvements and are proposed to be exempted from a portion of the fee. In preparing the list the proposed implementing entity shall consult with the residents of the area and the condominium associations. Subd. 4.Benefit; objection. Before the ordinance is adopted or at the hearing at which it is to be adopted, the owner of a housing unit in the proposed housing improvement area may file a written objection with the city clerk asserting that the owner's property should not be included in the area or should not be subjected to a fee and objecting to the inclusion of the housing unit in the area, for the reason that the property would not benefit from the improvements. The governing body shall make a determination of the objection within 60 days of its filing. Pending its determination, the governing body may delay adoption of the ordinance or it may adopt the ordinance with a reservation that the landowner's property may be excluded from the housing improvement area or fee when the determination is made. Subd. 5.Appeal to district court. Within 30 days after the determination of the objection, any person aggrieved, who is not precluded by failure to object before or at the hearing, or whose failure to object is due to a reasonable cause, may appeal to the district court by serving a notice upon the mayor or city clerk. The notice shall be filed with the court administrator of the district court within ten days after its service. The city clerk shall furnish the appellant a certified copy of the findings and determination of the governing body. The court may affirm the action objected to or, if the appellant's objections have merit, modify or cancel it. If the appellant does not prevail upon the appeal, the costs incurred are taxed to the appellant by the court and judgment entered for them. All objections are deemed waived unless presented on appeal. 428A.14 IMPROVEMENT FEES AUTHORITY; NOTICE AND HEARING. Subdivision 1.Authority. Fees may be imposed by the implementing entity on the housing units within the housing improvement area at a rate, term, or amount sufficient to produce revenue required to provide housing improvements in the area to reimburse the implementing entity for advances made to pay for the housing improvements or to pay principal of, interest on, and premiums, if any, on bonds issued by the implementing entity under section 428A.16. The fee can be imposed on the basis of the tax capacity of the housing unit, or the total amount of square footage of the housing unit, or a method determined by the council and specified in the resolution. If a fee is imposed on a basis other than the tax capacity or square footage of the housing unit, Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION the council must make a finding that the alternative basis for the fee is more fair and reasonable. Before the imposition of the fees, a hearing must be held and notice must be published in the official newspaper at least seven days before the hearing and shall be mailed at least seven days before the hearing to any housing unit owner subject to a fee. For purposes of this section, the notice must also include: (1)a statement that all interested persons will be given an opportunity to be heard at the hearing regarding a proposed housing improvement fee; (2)the estimated cost of improvements including administrative costs to be paid for in whole or in part by the fee imposed under the ordinance; (3)the amount to be charged against the particular property; (4)the right of the property owner to prepay the entire fee; (5)the number of years the fee will be in effect; and (6)a statement that the petition requirements of section 428A.12 have either been met or do not apply to the proposed fee. Within six months of the public hearing, the implementing entity may adopt a resolution imposing a fee within the area not exceeding the amount expressed in the notice issued under this section. Prior to adoption of the resolution approving the fee, the condominium associations located in the housing improvement area shall submit to the implementing entity a financial plan prepared by an independent third party, acceptable to the implementing entity and associations, that provides for the associations to finance maintenance and operation of the common elements in the condominium and a long-range plan to conduct and finance capital improvements. Subd. 2.Levy limit. Fees imposed under this section are not included in the calculation of levies or limits on levies imposed under any law or charter. 428A.15 COLLECTION OF FEES. The implementing entity may provide for the collection of the housing improvement fees according to the terms of section 428A.05. 428A.16 BONDS. At any time after a contract for the construction of all or part of an improvement authorized under sections 428A.11 to 428A.20 has been entered into or the work has been ordered, the implementing entity may issue obligations in the amount it deems necessary to defray in whole or in part the expense incurred and estimated to be incurred in making the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION improvement, including every item of cost from inception to completion and all fees and expenses incurred in connection with the improvement or the financing. The obligations are payable primarily out of the proceeds of the fees imposed under section 428A.14, or from any other special assessments or revenues available to be pledged for their payment under charter or statutory authority, or from two or more of those sources. The governing body of the city, or if the governing bodies are the same or consist of identical membership, the authority may, by resolution adopted prior to the sale of obligations, pledge the full faith, credit, and taxing power of the city to bonds issued by it to ensure payment of the principal and interest if the proceeds of the fees in the area are insufficient to pay the principal and interest. The obligations must be issued in accordance with chapter 475, except that an election is not required, and the amount of the obligations are not included in determination of the net debt of the city under the provisions of any law or charter limiting debt. 428A.17 ADVISORY BOARD. The implementing entity may create and appoint an advisory board for the housing improvement area in the city to advise the implementing entity in connection with the planning and construction of housing improvements. In appointing the board, the implementing entity shall consider for membership members of condominium associations located in the housing improvement area. The advisory board shall make recommendations to the implementing entity to provide improvements or impose fees within the housing improvement area. Before the adoption of a proposal by the implementing entity to provide improvements within the housing improvement area, the advisory board of the housing improvement area shall have an opportunity to review and comment upon the proposal. 428A.18 VETO POWERS. Subdivision 1.Notice of right to file objections. The effective date of any ordinance or resolution adopted under sections 428A.13 and 428A.14 must be at least 45 days after it is adopted. Within five days after adoption of the ordinance or resolution, a summary of the ordinance or resolution shall be mailed to the owner of each housing unit included in the multiunit housing improvement area. The mailing shall include a notice that owners subject to a fee have a right to veto the ordinance or resolution by filing the required number of objections with the city clerk before the effective date of the ordinance or resolution and that a copy of the ordinance or resolution is on file with the city clerk for public inspection. Subd. 2.Requirements for veto. If residents of 45 percent or more of the housing units in the area subject to the fee file an objection to the ordinance adopted by the city under section 428A.13 with the city clerk before the effective date of the ordinance, the ordinance does not become effective. If owners Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION of 45 percent or more of the housing units' tax capacity subject to the fee under section 428A.14 file an objection with the city clerk before the effective date of the resolution, the resolution does not become effective. 428A.19 ANNUAL REPORTS. Each condominium association located within the housing improvement area must, by August 15 annually, submit a copy of its audited financial statements to the implementing entity. The city may also, as part of the enabling ordinance, require the submission of other relevant information from the associations. 428A.20 SPECIAL ASSESSMENTS. Within a housing improvement area, the governing body of the city may, in addition to the fee authorized in section 428A.14, special assess housing improvements to benefited property. The governing body of the city may by ordinance adopt regulations consistent with this section. 428A.21 DEADLINE FOR HOUSING IMPROVEMENT DISTRICTS UNDER GENERAL LAW. The establishment of a new housing improvement area after June 30, 2013, requires enactment of a special law authorizing the establishment of the area. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Attachment III: Application for a Housing Improvement Area from Riverwood Townhome Association. City of 'Brooklyn Center Housing Improvement Area Application Packet www.cityofbrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430-2199 Phone 763.569.3300 TTY/Voice 711 Fax 763.569.3494 A. General Information for Housing Improvement Areas A Housing Improvement Area (HIA) is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. In summary, •The Association borrows low interest money from the City; •Permanent, common area improvements are completed; and •Unit owners repay the loan through fees imposed on their properties, and collected with property tax payments. This tool can assist with the preservation of the city's existing housing stock. The City's Comprehensive Plan notes that "there is a concern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future." As most of the buildings are going on 30 years, deferred maintenance issues are becoming a concern. Highlights of the HIA •Associations must initiate the request. •Improvements must be common area improvements. •This is last resort financing, used when associations have no other viable options for raising money for improvements. •Over 56% of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the Housing Improvement Area. •A veto period exists where 45% of the owners can stop the process. •The average market value for units must be at or less than the value of homes in the first time homebuyer programs, in 2009, this is $298,125. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al people and preserves the public trust CONTACT Jesse Anderson Deputy Director of Building and Community Standards/HRA Specialist Direct Phone: (763) 569-3420 Department Phone: (763) 569-3330 janderson@ci.brooklyn-center.mn.us MEMORANDUM - COUNCIL WORK SESSION If your Association is interested in learning more about this finance tool, please review the application procedure and policy and call City of Brooklyn Center HRA Specialist Jesse Anderson at (763) 569-3420. B. Summary of Procedures for Establishing a HIA This summary of procedures is intended to be used as an overview of the steps involved in the creation of a Housing Improvement Area in the City of Brooklyn Center. This is not a comprehensive list of procedures. Please see the complete HIA Policy and Procedures document (attached Item D) for comprehensive program procedures. 1.Meet with appropriate City staff to discuss the scope of the projea, member participation, time schedule and other information as may be necessary. 2.Complete Preliminary Application form for the Establishment of a Housing Improvement Area. This form should be submitted to the HRA Specialist along with the other required documents outlined in the form. 3.The request shall be reviewed by City staff on a preliminary basis as to the feasibility of the project. 4.Staff will prepare a report for the City Council and the applicant which will include a fmancial and legal analysis of the project. 5.If the proposal receives a favorable review by City Council, the association must then submit the required petitions (minimum of 56% of owners must sign petition form required by the City.) At the time the petitions are received, the City must have the final Association Financial Plan which identifies how both maintenance and operation of the common elements will be paid for and a long-range plan to conduct and finance capital improvements. 6.Upon receipt of an adequate number of valid petitions, the City will have prepared the Plan for the HIA and the proposed Development Agreement. 7. City will schedule public hearings on the creation of the district and the setting of the fees (two separate public hearings may be required.) Note: City Council will approve or deny the creation of the HIA and the associated fees. If approved, the Development Agreement will be executed if a veto is not submitted during the allotted time period. (If 45% or more of the owners file a written objection within the veto period, the City cannot provide financing through a Housing Improvement Area.) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Note: Applicant must pay all costs involved in the legal and fiscal review of the project, regardless of whether or not an HIA is approved. Note: It is understood that City Staff or City Council may from time to time determine that a different process than which is outlined is more appropriate, given the circumstances of each individual request. C. Preliminary Application for City of Brooklyn Center Housing Improvement Area Financing Please complete this preliminary application form for initial consideration for the creation of a Housing Improvement Area. Submit completed application packets to: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist 6301 Shingle Creek Parkway, Brooklyn Center, MN, 55430 Contact Information Legal Name of Association RIVERWOOD TOWNHOMES ASSOCIATION Mailing Address C/O URBAN ENTERPRISES, INC. 4542 NICOLLET AVENUE MINNEAPOLIS, MN 55419 Contact Person BRETTA HEBING, PROPERTY MANAGER Phone 612-720-8668 Contact Email BRETTA@URBANRENT.COM Cell SAME ,Management Firm/Agent SAME Phone SAME Legal Description of the Project Site RIVERWOOD TOWNHOMES, LOT 001 — 020, BLOCK 001 Project Information 1.Addendum can be attached to this application addressing in detail the following: 2.Give a general description of the project: The association is requesting funds for assistance in improving the curb appeal of the entire townhome. Plans are to remove and replace the road through the complex, as well as the guest parking spaces and driveways. We will trim up all trees, bushes and shrubs, remove all rocks from the front and back "garden areas" to each unit and lay down fresh sod. A pedestrian gate will be installed on the north side of the fence to allow easy access into and out of the complex (versus having to walk all the way around the property). Old, rotting creosote timbers throughout the property will be disposed of property and replaced with Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION cement landscape blocks. Finally, the pool will be sandblasted and tuck-pointed where needed. The old, cracked coving will be removed and replaced. After, the pool will be freshly painted according to county standards. 3.ExplaiIhow the project will meet the goals of the City Council as identified in Section 3 of the City of Brooklyn Center HIA Policy. See Attached Item D: On behalf of the Board of Directors, we feel that the funding request for these projects will considerably improve the taxable value of these townhomes. It will also provide more pride in ownership and encourage owners to stay in their homes versus opting out through foreclosure or turning them into rental properties. By making repairs to the pool, it will allow the association members to have a safe, enjoyable source of recreation where the pool meets county code standards. It is important that the city also knows we have received an insurance claim from a recent hail storm in which we will be able to replace the siding and roofing on the complex. This will further improve the property values and exteriors of each and every home in the association. Work will begin on that project this spring of 2013. 4.Provide a proposed timeline for the project including the dates of membership meetings to discuss a project, submittal of required petitions, public hearings, construction start, submission of first draw request and project completion. The proposed timeline is listed as follows: 1.Application completed and submitted no later than March 11, 2013. 2.City Council will review at work session on March 26, 2013. 3.Petition and 3'd party financial plan to be submitted no later than April 8, 2013. 4.City Council 1 st reading of ordinance and public hearing on April 22, 2013. 5. City Council 2 11d ready of ordinance May 28, 2013. 5.List of improvements and estimated project budget: Road/driveway re-pavement: $70,000 Pool improvements: $10,000 Landscaping projects: $10,000 6.Explain why Housing Improvement Area financing is necessary to undertake the project. Attach documentation regarding efforts to secure private fmancing, including at least two bank loan rejection letters: The association has previously been denied for financing from 2 bank institutions. The roads and driveways are in a major state of disrepair and the insurance carrier is requiring that the repairs be made or the association will lose their insurance coverage. The association has approximately $19,000 in the bank however that money is needed for the day-to-day expenses in running the association, in addition to the required amount of reserves that must be maintained Finally, the townhomes themselves are over 30 years old and unforeseen expenses can occur at any time. We simply do not want to deplete the bank account and find out that an emergency has come up where no funding is available to resolve the situation. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION 7.Explain the process used to determine the scope of the proposed project and the desire for HIA financing among the association members. Provide documentation regarding owner meetings discussing project, insurance requirements, capital needs, etc: An annual all-association meeting was held in May, 2012. A discussion was held regarding the need for these improvements. Owners were notified that the insurance company is mandating the repairs to the road and driveways. In addition, the Hennepin County Board of Health was notified that we will not be opening the pool until repairs are made that will make the pool safe. Large packets of materials were mailed to owners in advance of the meeting that covered the items we would be discussing. Petitions were signed and turned in to the City to initiate the process. 8.Association Financial Plan which identifies how both maintenance and operation of the common elements will be paid for and a long-ran_ge plan to conduct and finance capital improvements: The Board believes that with these improvements, owners will feel validatbd in paying their dues on time. We will no longer have issues with foreclosure and will have ample money to pay for annual seal-coating. We will be able to maintain the pool for several years before any large expenses would be required again The new landscaping will make the ground easier to maintain and in the long run will be more cost effective. Proposal Information What is the proposed length/term of the HIA (in years)? 10 years How do you propose the fee to be charged to the affected property owners? Equally among all properties Amount of loan anticipated $90,000 Are there any properties within the HIA which should be exempt from the fee? If yes, please explain. No Application Attachment Checklist Please be sure to attach a copy of the following: At least two bank loan rejection letters Association Bylaws Financial statements for the last two years Requirements for Housing Improvement Area (HIA) Financing To apply for HIA financing, the owners within the association must agree to the following: Mission: Ensuring an attractive, cleat:, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Signature of Representative Title or Position 7/70 MEMORANDUM - COUNCIL WORK SESSION 1.Must use a Bond Counsel and Financial Advisor(s) approved by the City. 2.Disbursements of bond/loan proceeds must be made through an escrow agent selected by the City of Brooklyn Center. 3.Payment of an administrative fee to the City of two (2) percent of the total amount of the project or the total amount of all third party costs whichever is greater (if City issues bonds). If the HIA is not approved for any reason, the applicant is required to repay all third party costs incurred by the City on behalf of the HIA applicant. 4.City staff or its agents will review the perfo mance and level of outstanding debt of previous HIAs before recommending the approval of additional HIA debt. By signing this application, I hereby agree to the following: I. I will abide by all requirements of the City for taxable bond financing. I will also commit all cOntractors, subcontractors, and any other major contributors to the project to all segments applicable to them. The Association will pay all costs involved in the legal and fiscal review of this project, These costs include the Bond Counsel, Financial Advisor and City Attorney, and all costs involved in the issuance of the bonds to finance the Project. 3.The information submitted with this application packet is true and correct. 4.I understand that the City reserves the tight to deny final approval, regardless of preliminary approval of the application. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life . for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Attachment IV: Riverwood HIA Bank Loan Rejection Letters August 07, 2012 Rivetwood Townhomes Associations. Inc 2542 Nicollet Ave S Minneapolis, MN 55419 Subject: Riverwood Townhomes Asso Ciations Ina. Credit Request Please be adviSed that at this time we are unable to extend credit to your organtzation. Sincerely, Leo Lopez Vice President Market Manager Bremer Bank 612-782-1997 Bremer Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Jesse Anderson Ftom: Eiretta tithing <bretta@Urbanrent.com > Sent: Tuesday, February 26, 2013 929 AM To: Jesse Anderson Cc: Diana Kinkor; phatcat1031@gmail.com ; Judy M. Faber Subject : Fwd : RE: Commercial Lean Request for RiVerwood Townhomes Association Attachments: brettavcf Good morning Jesse, I received this email from MinnWest bank. They denied us as well. We are collecting the petitions and then We should be good te go! Thank you, Btetta Hebing' 'Urban Enterprise's 612-720-8668 Original Message Subject:RE: Commercial Loan Request for Riverwood Townhomes Association Date:Mon; 25 Feb 2013 22:35:24 +0000 From:jason vercruysse <jasonv@minnwestbankgroup.com > To:Bretta Hebing <bretta@urbanrent.com> Bretta, I waa able to review the financials but couldn't get your request to cash flow the proposed lean ,payments, Erie to the inconsistent earnings the last three years I don't think.MinnWeat can be part of the eolPtion, You mentioned the City was willing to loan the association the funds to take the 4mpro'veMehts and T would look harder at that option. Banks Will be looking for steady cash flow and Sound tollaterai. The collateral in this instance would be an assignment of future association dues and this is pretty soft collateral, not like holding a mortgage, If you have Any questions don't hesitate to contact me. Thank you for thinking of Minnwest, Jason VerctUyase Assistant Vice President Minnwest Bank Metro Minnetonka, MN 55340 Phone: 952230-,,9843 Fax: 952-230 ,9810 Email; jasonirnminnwestbankgroup.com Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Attachment V: Location Map Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust