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HomeMy WebLinkAbout2013 04-08 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 8, 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 April 8, 2013 AGENDA 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 25, 2013 — Study Session 2.March 25, 2013 — Regular Session b. Licenses c.Resolution Designating 2013 Planting List of Allowable Boulevard Tree Species d.Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-First Consecutive Year e. Resolution Approving Transfer of Funds from Earle Brown Heritage Center Operating Fund to Earle Brown Heritage Center Capital Fund CITY COUNCIL AGENDA 2 April 8, 2013 f.Resolution Approving Allotment of Unassigned General Fund Net Assets to General Fund g.Resolution Supporting Legislation Authorizing the Establishment of Municipal Street Improvement Districts h. Resolution Accepting Quotation and Awarding a Contract for 2013 Diseased Tree Removal Program 7. Presentations/Proclamations/Recognitions/Donations a.Proclamation Declaring April 26, 2013, as Arbor Day and May 2013 as Arbor Month in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. b.Proclamations Declaring April 20-27, 2013, as the Great Shingle Creek Watershed Cleanup Week Requested Council Action: —Motion to adopt proclamation. c.Proclamation to Declare April 20, 2013, as Earth Day in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. d.Proclamation Declaring April to be Eat.Talk.Connect! Month Requested Council Action: —Motion to adopt proclamation. e. Building and Community Standards Department Year End Report Requested Council Action: —Motion to receive report. 8. Public Hearings a. An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing —This item was first read March 11, 2013; published in the official newspaper on March 21, 2013; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9. Planning Commission Items —None. CITY COUNCIL AGENDA -3- April 8, 2013 10. Council Consideration Items a.Mayoral Appointment of Member to Serve on Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to ratify the Mayoral nomination. b.Consideration of Type IV 6-Month Provisional Rental License for 5301 Dupont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. c. Consideration of Type IV 6-Month Provisional Rental License for 3701 55th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. d. Consideration of Type IV 6-Month Provisional Rental License for 3901 Burquest Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 25, 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, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski requested discussion on Item 6e, 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, in particular the issue of retroactive pay. City Manager Curt Boganey indicated it would be based on a two percent increase. He explained that the City overpaying on the health coverage resulted in arbitration and the details regarding dollar amounts are being worked out by Human Resources. MISCELLANEOUS Property Damage Councilmember Lawrence-Anderson requested an update on the issue raised during last meeting's Informal Open Forum relating to cars crashing into homes. Mr. Boganey indicated that concern was referred to the Administrative Traffic Committee and will be considered at a specially scheduled meeting since they were not scheduled to meet until June 23, 2013. Councilmember Lawrence-Anderson advised that Jean Hamrnerlund of 6437 Unity Avenue N. had provided copies of the Police incident reports. Mr. Boganey accepted the reports for staff review. The City Council discussed the unique situation with this neighborhood because the traffic signal at Zane Avenue is visible between these houses, giving the wrong impression that it is a through street. Should it be determined that is the cause, it was noted the City can consider options for shielding it from view. 03/25/13 -1- DRAFT Mr. Boganey clarified that no one on the Administrative Traffic Committee had formed an opinion on whether or not something should be done. He indicated that all of the necessary data will be gathered for their consideration. Public Works Director/City Engineer Steve Lillehaug explained it was initially thought the Administrative Traffic Committee would meet in June because tube counters could then be put down to check the traffic for volume and speed. However, in this case, the City had previous traffic data that can be considered so the meeting date was advanced. City Council support remained to refer this item to the Administrative Traffic Committee where it can be studied and the best solution determined. Financial Commission Report Councilmember Kleven reported on her attendance at the Financial Commission meeting. Consideration of Religious Holidays Councilmember Myszkowski noted tonight is the first day of Passover, which may impact the ability for residents to attend tonight's meeting. She suggested the City consider significant celebrations and/or religious holidays when addressing the meeting schedule to assure inclusivity. Mayor Willson indicated staff had looked into this matter before and it always came down to considering which religion or holiday should be addressed, noting there would be many holidays should all religions be taken into consideration. Rather, he supported maintaining the current Council meeting schedule, noting he had never heard from constituents that it was a problem. Councilmember Ryan stated while he would not be opposed to considering adjusting the meeting date for a significant religious observance of a significant religion, property owners are given due notice of Public Hearings and if requested, the Council would make every effort to allow a change in date for the hearing. Councilmember Lawrence-Anderson stated should there be a religious conflict that results in inability to attend a hearing, she hoped the item would be placed on the next meeting agenda. Mayor Willson stated there was not a clear consensus to direct staff to study the issue. Youth Center Update Councilmember Kleven asked for an update on the retractable screen at the Youth Center. Mr. Boganey stated his understanding is the purchase of a screen had been approved, but he does not know when it will occur. He stated he will provide an update on that matter. Howe Fertilizer Site Update Councilmember Ryan raised the issue of the Howe Fertilizer site and state that someone had mentioned that the Minnesota Department of Agriculture is holding up the grants. Mayor Willson stated his understanding was that there was a March deadline to secure those funds, which has expired. 03/25/13 -2- DRAFT Presentation of City Audit / LGA Update Councilmember Lawrence-Anderson asked whether a representative of Malloy, Montague, Karnowski, Radosevich & Company (MMKR) will be in attendance when the audit is presented. Mr. Boganey answered in the affirmative. Councilmember Ryan reported that last Thursday, the League of Minnesota Cities Joint Legislative Conference indicated the prospects for LGA reform, as modified, had a chance of passing. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS RIVERWOOD TOWNHOME ASSOCIATION HOUSING IMPROVEMENTS Mr. Boganey introduced the topic, noting State law authorizes a city to establish a Housing Improvement Area (HIA) 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. He noted this would allow an option to finance improvements made to the townhomes. Mr. Boganey stated many of the City's townhomes are reaching an age where decline and deterioration are beginning to show and in many cases, it is difficult for these associations to obtain standard financing. He asked the Council whether it supported forming an HIA. It was noted if the City Council accepts this proposal, the next step in the process will be for the homeowner association to submit a petition signed by 56% of the residents. Then the City Council will be presented with the resident's petition and call for a Public Hearing to approve creation of the district. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. RIVERWOOD TOWNHOME ASSOCIATION HOUSING IMPROVEMENTS — CONTINUED The discussion continued on the Riverwood Townhome Association Housing Improvements. 03/25/13 -3- DRAFT Mayor Willson stated the City already has many of the pieces in place and he would support looking at this option to assure maintenance of those properties. Councilmember Kleven asked if they would pay up front or if the costs would be assessed for collection through property taxes. Mr. Boganey clarified that if they had the ability to pay up front, they would not consider this process. This process is used when a townhome determines they do not have the cash to make the improvements and are looking at funding from a private source, the City, or some combination. Mr. Boganey indicated if the Council supports looking at this option, staff can provide assistance to help them find financing and if City money is included, it would have a lien on the property with the City being paid payment plus interest. Councilmember Kleven asked if the cost would be divided amongst the number of townhome units. Mr. Boganey stated the City does not assess individual unit owners but would assess the townhome association as a whole. Councilmembers Myszkowski and Ryan stated support to further this process. Councilmember Ryan asked that when providing a recommendation, staff provide additional information on the financing mechanism. Councilmember Kleven asked if the City can lose on this investment. Mr. Boganey stated it is as secure as any lien the City could have on the property and the chance of being paid is very high. Councilmember Kleven asked about the option of funding with grant money. Mr. Boganey indicated it may be more appropriate to consider use of other resources such as Housing TIF Funds. Councilmember Lawrence-Anderson supported moving forward to improve the City's housing stock if there is limited liability. It was the majority consensus of the City Council to support establishing a Housing Improvement Area. PROCLAMATION DECLARING APRIL TO BE EAT.TALK.CONNECT! MONTH Mayor Willson asked staff to conduct additional research on the Eat.Talk.Connect! Challenge and prepare a proclamation to declare Eat.Talk.Connect! Day in Brooklyn Center. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. 03/25/13 -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 25, 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, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan requested a moment of silence and personal reflection on tragic deaths as a result of gun violence. 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 Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 03/25/13 -1- DRAFT Director of Community Activities Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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 Kleven moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 11,2013 — Study Session 2.March 11,2013 — Regular Session 3.March 11,2013 — Work Session 6b. LICENSES MECHANICAL Do Pham, Inc. HC Plumbing & Electric Practical Systems Royalton Heating & A/C St. Cloud Refrigeration (dba SCR, Inc.) RENTAL INITIAL (TYPE II — two-year license) 6424 June Avenue N. RENEWAL (TYPE — one-year license) 6835 Colfax Avenue N. 7025 Drew Avenue N. Did not complete Action Plan 6800 Dupont Avenue N. 5420 Fremont Avenue N. 2701 O'Henry Road Missing Phase II and ARM Mtgs. RENEWAL (TYPE H— two-year license) 6806 Drew Avenue N. Passed w/weather deferral 5049 Ewing Avenue N. 6901 Quail Avenue N. 3455 124 th Circle NE, BlaMe 7600 West 27 th Street, St. Louis Park 4342B Shady Oak Road, Hopkins 4120 85 th Avenue N., Brooklyn Park 604 Lincoln Avenue NE, St. Cloud Faisale Boukari Adeyinka Badewa Ryan Yardley Yi Lin Ross Herman Sherman Yih Feng Kho Thomas Davidson Raymond Glasser Prosperous Property LLC 03/25/13 -2- DRAFT RENEWAL (TYPE 1— three-year license) 6012 Kyle Avenue N. James Hager 5312 Queen Avenue N. Brian Hamilton / Ryan Wellenstein 6c.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 6d.RESOLUTION NO. 2013-34 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2013-01, 02, 03, AND 04, KYLAWN PARK AREA STREETS, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2013-35 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 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. BROOKLYN BRIDGE ALLIANCE FOR YOUTH City Manager Curt Boganey introduced and welcomed Brooklyn Bridge Alliance for Youth Executive Director Rebecca Gilgen. Ms. Gilgen stated it is her honor to be here tonight with the City of Brooklyn Center. She explained that it was easy to come to the Alliance as this work is not new and had been formalized in 2008 after the PERF Report to address activities of young people during the 2 p.m. to 6 p.m. timeframe. She commended the leadership of Mayor Willson, noting it was cornerstone to the effort, as well as support by Police Chief Benner. Ms. Gilgen provided a presentation on the Brooklyn Bridge Alliance, describing its purpose, shared vision, issues that need to be addressed, and how she can be contacted. Mayor Willson acknowledged that part of the rich history of this organization include the efforts of the late Brooklyn Park Mayor Steve Lampi, noting it was his legacy to move this organization forwarded. In addition, Brooklyn Park Mayor Jeff Lunde has been supportive. Ms. Gilgen answered questions of the City Council. The City Council acknowledged that lack of transportation is a real issue for the City's youth and indicated its support for the efforts of the Alliance to address the needs of Brooklyn Center's youth, create opportunities to equip them for the workforce, and into a position of success and future leadership. 03/25/13 -3- DRAFT Mayor Willson recognized the efforts of City Manager Boganey and Mr. Verbrugge who have kept this organization together, moving forward, and now a reality. He stated there is an organization behind each, City staff, who have also been supportive, given of their time, and should be recognized. 7b. AFTERSCHOOL SYSTEM BUILDING INVITATION CONFERENCE BY THE WALLACE FOUNDATION Mr. Boganey introduced and welcomed Brian Siverson-Hall, Superintendent of ISD 279 Osseo Area Schools. Mr. Siverson-Hall reported on the "Better Together: Building Local Systems to Improve Afterschool" hosted by the Wallace Foundation on February 21 and 22, 2013. He thanked the Wallace Foundation and National League of Cities for hosting and inviting the Brooklyns Youth Alliance. He reviewed the information presented, action elements for a citywide approach, and indicated the Brooklyn Alliance is on the right path. Mayor Willson stated Brooklyn Park School District Superintendent Keith Lester and Dr. McGuire have both been a strong voice of advocacy for youth in the Brooklyns. Given the talent, commitment, and resources that can be brought to bear, the City Council indicated it is excited about the direction of the Alliance. Mr. Siverson-Hall stated the next important step, will be mobilization of the strategic plan and moving forward those objectives, which will be aided by the leadership of Executive Director Gilgen. Councilmember Ryan moved and Councilmember Myszkowski seconded to formally receive the reports of the Brooklyn Bridge Alliance for Youth. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, and discussed the special assessment process for diseased tree and weed abatement performed by the City. She described the Public Hearing held at the March 11, 2013, City Council meeting where appellant testimony was received. Ms. Schleuning addressed the tree abatement appeal at 1201 57 th Avenue, staff's research, findings of fact, and recommendation that the full amount for tree abatement be specially assessed to the property. 03/25/13 -4- DRAFT The City Council noted the City hires and pays contractors to perform abatement so the consideration tonight is reimbursement of those tax dollars. Ms. Schleuning addressed the tree abatement appeal at 5323 Brooklyn Boulevard, staff's research, finding of fact, and recommendation that the full amount for tree abatement be specially assessed to the property. Ms. Schleuning addressed the weed abatement appeal at 5332 James Avenue North, staff's research, finding of fact, and recommendation that the full amount for the weed abatement be specially assessed to the property. The City Council indicated it had placed a high priority on maintaining properties to a high level, which Mr. Boganey, Ms. Schleuning, and staff have been instrumental in assuring. It was noted the recent City survey found resident's biggest concern was to increase the level of property maintenance. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to reopen the Public Hearing. Motion passed unanimously. No one appeared to address the City Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2013-36 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-36 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2.RESOLUTION NO. 2013-37 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2013-37 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls. 03/25/13 -5- DRAFT Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS 10a.SET DATE AND TIME OF FACILITATED STRATEGIC PLANNING AND TEAM BUILDING RETREAT Mr. Boganey introduced the item and asked the City Council to schedule a date for the facilitated retreat. Councilmember Ryan moved and Councilmember Kleven seconded to set the date and time for the facilitated retreat for Friday, April 5, beginning at 1 p.m. and Saturday, April 6, 2013, beginning at 8:30 a.m. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR EVERGREEN PARK MANOR, 7200-7224 CAMDEN AVENUE NORTH Ms. Schleuning advised that 7200-7224 Camden Avenue North was inspected and 354 (4.43/unit) property code violations were cited and ultimately corrected. There have been 11 validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and applicable City ordinances. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Sean Bannerman, owner of 7200-7224 Camden Avenue North, stated the 2010 inspection found about 80 items compared to the current inspection that found 350 items to address. He explained a number of the items enforced this time have not been enforced in the past such as door closers, items that tenants had placed in front of egress windows, and cleanliness issues of the tenant. Emily Kolflat, 7949 Brunswick Avenue North, property manager, assured the City Council they want to keep the property looking great and the number of violations would have been lower if they had known tenants were required to move their beds away from egress windows. It was 03/25/13 -6- DRAFT explained there were five on-site caretakers, one for each building, and 24-hour emergency contact. In addition, Mr. Bannerman was one of the owners and lead maintenance. The City Council indicated it supported assuring a high quality of life and safety of its residents and tenants. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7200-7224 Camden Avenue North, with the requirement that the mitigation plan and applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR WILLOW LANE APARTMENTS, 7015 AND 7021 BROOKLYN BOULEVARD Ms. Schleuning advised that 7015 and 7021 Brooklyn Boulevard was inspected and 214 (3.69/unit) property code violations were cited and ultimately corrected. There have been two validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Blanca Pimentel, Fernando Campofreda Senior Property Manager of Willow Lane, stated it is in their best interest to comply with the City. She reviewed the improvements made to better the property including hiring on-site management with three employees as well as a caretaker and 24-hour emergency contact. The City Council indicated its appreciation for the improvements made to this property and the owners taking proactive measures to have a 24-hour service available, if needed. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the hearing. 03/25/13 -7- DRAFT Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7015 and 7021 Brooklyn Boulevard, with the requirement that the mitigation plan and applicable ordinances must be strictly adhered to before a renewal rental license would be considered as well as applicable ordinances. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 907 57TH AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-38 APPROVING A TYPE IV RENTAL LICENSE FOR 907 57 TH AVENUE NORTH Councilmember Myszkowski moved and eouncilmember Kleven seconded to approve RESOLUTION NO. 2013-38 Approving a Type IV Rental License for 90757 th Avenue North. Motion passed unanimously. 10e.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5812 CAMDEN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-38 APPROVING A TYPE IV RENTAL LICENSE FOR 5812 CAMDEN AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-39 Approving a Type IV Rental License for 5812 Camden Avenue North. Motion passed unanimously. 10f. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5432 DUPONT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a 03/25/13 -8- DRAFT motion. 1. RESOLUTION NO. 2013-40 APPROVING A TYPE IV RENTAL LICENSE FOR 5432 DUPONT AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-40 Approving a Type IV Rental License for 5432 Dupont Avenue North. Motion passed unanimously. 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5214 EWING AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2013-41 APPROVING A TYPE IV RENTAL LICENSE FOR 5215 EWING AVENUE NORTH Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-41 Approving a Type IV Rental License for 5214 Ewing Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: •March 9-13, 2013, National League of Cities 2013 Leadership Conference •March 20, 2013, Brookdale Luther Honda Open House •March 21, 2013, League of Minnesota Cities Joint Legislative Conference •March 24, 2013, Brooklyn Center Lion's Club Pancake Breakfast Councilmember Kleven reported on her attendance at the following: •March 12, 2013, Helped with Safety Survey •March 12, 2013, Brooklyn Center Women's Club Meeting •March 14, 2013, ARM Meeting •March 14, 2013, Wellness and Family Enrichment Fair •March 14, 2013, Open House at the High School for the Health Resource Center •March 15, 2013, St. Patrick's Day Luncheon •March 19, 2013, Earle Brown Days Committee Meeting •March 20, 2013, Brookdale Luther Honda Open House •March 21, 2013, Greeter at the Empty Bowl Event •March 21, 2013 Financial Commission Meeting 03/25/13 -9- DRAFT Councilmember Myszkowski reported on her attendance at the following: •March 14, 2013, Wellness and Family Enrichment Fair •March 19, 2013, Earle Brown Days Committee Meeting •March 19, 2013, Housing Commission Meeting •March 20, 2013, Brookdale Luther Honda Open House •March 21, 2013, Brooklyn Center Orchestra and Choir Concert Councilmember Lawrence-Anderson reported on her attendance at the following: •March 14, 2013, Health and Family Enrichment Fair •March 14, 2013, Met with the Chair and Vice Chair of the Housing Commission •March 15, 2013, Tour of the CEAP Building by Councilmember Myszkowski •March 19, 2013, Park and Recreation Commission Meeting •March 20, 2013, Brookdale Luther Honda Open House •March 20, 2013, Crime Prevention Meeting •March 20, 2013, Odyssey Academy Board Meeting •March 24, 2013, Brooklyn Center Lion's Club Pancake Breakfast Councilmember Lawrence-Anderson announced availability of "We Watch / We Call" crime prevention signs for $10 from the Police Department; the March 28, 2013, Brooklyn Center Business Association Luncheon at the Crowne Plaza; and, the May 17, 2013, Golf Tournament hosted by the Crime Prevention Fund. Mayor Willson committed to sponsoring a hole during the golf tournament. Mayor Willson reported the full Council attended the Brookdale Luther Honda Open House to bring the City's best regards to the Luther organization. He noted their radio commercials always close with "in the City of Brooklyn Center," which he appreciated. Mayor Willson stated he was asked to speak and partake in a video promoting the new Hennepin County Services Center. He reminded the City Council that he would be in New York City from April 24-26, 2013, at the invitation of New York Mayor Bloomberg to attend a conference relating to police community relations. In addition, Monique Drier has been asked to attend this event and participate on the panel. Mayor Willson noted this invitation recognizes the great lengths to which the City Council and its staff have taken to improve the quality of life an image of Brooklyn Center. As a result, its citizenry is responding and coming together to take pride in Brooklyn Center. The City Council thanked Mr. Boganey and his staff, noting they should be proud of the holistic approach taken, placing Brooklyn Center well ahead of the curve in that effort. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:36 p.m. Motion passed unanimously. 03/25/13 -10- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its April 8, 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 CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids The Heating Guy, LLC 3004 Ottawa Avenue S, St. Louis Park Lein Heating, Inc. 3852 Pershing Street SW, Prior Lake Louis Degidio Services, Inc. 21033 Heron Way, Lakeville Precision Heating and Cooling 3650 Chestnut Street, Chaska Sedgwick Heating & A/C 1408 Northland Drive, Mendota Heights Southtown Refrigeration 6325 Welcome Avenue N, Brooklyn Park UHL Company, Inc. 9065 Zachary Lane, Maple Grove RENTAL See attached report. SIGN HANGER Indigo Signworks, Inc. 1622 Main Avenue, Fargo, ND Install This Awning & Sign 4835 Lyndale Avenue N, Minneapolis Signation Sign Group 6840 Shingle Creek Parkway Vital Signs Midwest 111 Babcock Boulevard, Delano Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for 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 Type III — 1 Year 1-2 units Greater than 4 but not more than 3+ units Greater than 1.5 but not more tha.n Type IV — 6 Months 1 units Greater than 8 + units Greater than 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 0-025 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 guano., of life for all people and preserves the public trust EcoI- 0 0_a)00a) < =...,Z 7o' -13 CCll iii.).4-,cn.- s-ala) a)_oF.,_- N 5 4.41='CI 0c '5co2).CV0 CI...-a)..cCU 4.,ct)it15 -es4- CV) i... 0To co ct)0 0.) 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'4`if,oov) r•-•0mt9 Z (..) < .04-,Lnu) N101,-i00 z (1.)>< 0 t-It-Icr el C(1.11:3 Mt9t0 -004 CD4:-. 4, t-i1.0ix) 0..)><4-4-0 0..0 mt9tr) cr0 Cll><4-,'0 0-0 oCOtr) 4-"E.,LI-EEEEEEEE NCOOIUDr,MMMOIMO") Nr-1000 N0 Cll>< 4-,.0 0-0 ‘-i00CD .-Itau±imiiiiiizO',-Ica-_===z0=00a)= ch0 03 CU><4-413 0-CI C-103LO ZZZZZZZZ t-i0 CC1 CD>c:C4-, -0 0-CI t--ICOl0 t-iNNNN Cr)0 CO Cll><4-,-0 0-0 c--1COCD. 0 03 CU>•ttt-4 ,73 0.0 r-ICOt9 Cr0 c:t 0)>ct4-,'V 0-0 ,i00LO Z (1).?rt to- (0a)LID Or-, zei ><,._m 0Cr)t9 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Designating 2013 Planting List of Allowable Boulevard Tree Species Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2013 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20-402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to reduce the impact of future tree disease and to assure that all boulevard trees be located so as to avoid creating future sight distance problems. Attached is a resolution designating the 2013 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. The list of tree species is consistent with the 2012 list. Budget Issues: Staff time for inspections is minimal. There are no other budget issues. Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods 8. We will encourage citywide environmental sustainability efforts = -- Mission: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING 2013 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2013: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (American) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree Linden (American, Littleleaf) Maple (Autumn Blaze) Maple (Red) & cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) S erviceberry April 8, 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 Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone: 763-569-3340 PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING * * City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx. width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date BEFORE YOU PLANT . . . The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2013: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (American) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree Linden (American, Littleleaf) Maple (Autumn Blaze) Maple (Red) & cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) Serviceberry City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5T)- SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-First Consecutive Year Recommendation: It is recommended that the City Council consider approyal of a resolution recognizing Brooklyn Center as a Tree City USA. Background: For each of the past twenty-one years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. The City has again been notified that Brooklyn Center has received this recognition. This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: •Care for and planting of park and boulevard trees •Diseased and nuisance tree removal program •Mandatory tree contractor registrations requiring certain minimums of liability insurance •Boulevard tree planting permits requiring proper placement of tree and selection of tree species •A tree ordinance specifying proper standards of care for all trees •An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees Budget Issues: Funding needed to support and meet the goals of this program in 2013 is included in the 2013 budget under the Public Works Forestry operating budget. Council Goals: Strategic: 4. We will improve the city's image 8. We will encourage citywide environmental sustainability efforts Mission: Ensuring an attractive, clean, safe, inclusive community That enhances the guano , of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-FIRST CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Association of State Foresters and the US Department of Agriculture Forest Service have recommended that the City of Brooklyn Center be designated as a Tree City USA in recognition of 2012 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Council hereby recognizes and accepts the designation of Tree City USA for the twenty-first consecutive year on behalf of the residents of Brooklyn Center. 2.The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3. The Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 8, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: 1 April 2013 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Capital Transfer from Earle Brow r eritage Center Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the transfer of $ 400,000 from the operating fund of the Earle Brown Heritage Center to the Capital Fund of the facility. Background: At the end of each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2012, the cash balance in the EBHC operating fund was $ 1,380,094. The required cash reserve calculated using the formula was $ 915,920. The difference of $ 464,174 is available for transfer to the capital fund of the EBHC. Staff recommends moving $ 400,000 of that amount available from the operating fund to the EBHC Capital fund. Because no transfer was made in 2012 this larger transfer is recommended to keep the cash flow projections for the EBHC Capital Fund on target. The attached resolution authorizes such a transfer. Budget Issues: Also attached is the resulting cash flow projection for the EBHC Capital Fund assuming that the $ 400,000 transfer is approved. With a continuing projection of $ 250,000 cash transfer to the capital fund each year the EBHC capital fund will remain stable through 2018. Council Goals: 1. We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust EBHC TRANSFERS USING PROPOSED EBHC OPERATING CASH RESERVE POLICY At December 31, 2011 12-month average event deposits 277,425 12-month average cash disbursements 394,104 x 150% 591,156 Minimum cash balance 868,581 Cash balance at 12/31/11 1,035,595 Amount available for transfer 167,014 Actual transfer 2012 At December 31, 2012 12-month average event deposits 359,295 12-month average cash disbursements 371,084 x 150% 556,625 Minimum cash balance 915,920 Cash balance at 12/31/12 1,380,094 Amount available for transfer 464,174 Actual transfer 2013 (PROPOSED)400,000 a) •(c)o•" •zr0 10 o C7100 15 m (7D -- - o 0) oCD '0) LO .69- 69 6/9 EA- 69 N.6D1.0 a a a- a ec) 69- a- 'aft 64 69- ka 69. 69. 69 CD 0 C\. ▪ / 69- 69 69- 69- 69- .0) -C-13 N7) 7 ..->1 t5 0 (13 <N C < EA- 6/9 69 ER 69- 69. 69 EA- 69. 69- 0 00 00 0).. 1.6 ER69- •zr 000 air 6969- 69-69- 0 00 00 0cc Roo 00 69 •zr Ui 6 69ER 69 69 69- 69 69- 69 64 ER EA. ER ER N 00N *Cr 00 'Cr6co In CON N 00 ta Ea 619 Eft 69. Zr-) N ON CO. 0 I 1.6 r---Lo v•szt 69- 69. ER 69 69 69- EA- 69. 69 CD CD I. N 'Cr 0N Ncy) LO 0- CO.CO 00'Cr 'Cr 'cr UiUiUiUi ft Eft 4:6co ER COCO CD ER 0) 0) 0 CON. ro NN CO.. N.- CC N-1.0N (\I C4 ▪ ) 69 69. 69 69- 69- 69 N CDCD r-N.LO N N N CO CO •LO N. CON. CO CO 0'Cr OD 0 CD•cri N 69 ER ER 69. 69 co •sZr 0) 100) CO CO 'CrN 'cr N.'- U) C(CO- 65CO U)- CO'Cr v- 69.EA- ER /3 ER 69 69 (-71CO 69 EA. 69 69 69. o 69 0) E) 69- 69 ER U9 64 1 1 1 1 1 14) 0 c) 1 69. 69 69. 69- 69 LO N-6)LO o 69- 69 EA- 69- 69 69. 69 ER ER 00CO.. N. 69- ID 61-U) Eft co Ui co N. Ui coaco"N.(NI 69. 01.0cci 69 0 ER 69 EA-69-69. 69 69. ER 69. o ER 69 ER 69- 69 69 0 0) LON CD N0 . CD LO COca.oN Z"\-11 I op 1 1 N.0D cr) cc> ER 64 EA- 69- 64 00 CO0' 'N. 0CO N. co C7ico N. U) cr) ODrs- CO- (I) I! ff coc E•0 0 C) :-FSI.= a) -d wE c oa o ,n.0 03 :11 al c0) 0C co 1... Ca 7"-.0 CO alt• '.P cc) CT .0 co 'LS -EsC) 2 -5 co 15'8 ca 2 0co o -0 co c a) a) u) '. :L-'.I)U)<.Qcs IP 0_ D CI) ‘- C 0 -0 (1>i. Ce° C03 < Ci) C = 2 9 cs ,_ 0= Co .0.g .t.r. 0. 20,10- a) c >co '-3 L cs,... 0- o o) ro co 0 ccs co ' u) = ti-z oc co a) ,L,,, asL., 'a 03 .- a) x .- a.) = -0 Ti 0) 0 z w .a) co o ,„ - 0oc oc -..S.-2 0 ...,w (13 caco0043 6 Li To- .c c 4.) 0 ._ .-.c co co -;-,... a. L'2 a c. In' (13 a v, E:3) co > a. 0.-06 .:E It LU a- OD OD C) C) F- 01- OD 0 W LU C) iliX ID 7 (paw° 00 a)-c oxa)a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2012 indicated a balance of $464,174 available; and WHEREAS, $400,000 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $400,000 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. April 8, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: April 1, 2013 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Resolution Approving Allotment of Unassigned General Fund Net Assets Recommendation: It is recommended that the City Council consider approval of the resolution approving allotment of $60,000 of unassigned general fund net assets to fund the purchase of replacement chairs and furnishings at City Hall. Background: Many of the furniture, tables and chairs in the public areas of City Hall are old and in poor condition. A large number of chairs in the Council Chambers and conference rooms have broken, and existing chairs continue to break at a steady pace creating a safety hazard and a substandard appearance. Last year, the City Council took action to fund the replacement of furniture and chairs. However, a decision was made to delay the purchase of furnishings until the overall needs assessment was completed of the City Hall building. Since January 2013, staff has been working with a consultant to develop a City Hall Master Plan. The master plan will accomplish several goals including: 1) Provide a coordinated approach to facility capital improvements; 2) Provide a plan to enhance customer flow and service through physical structure and technology; 3) Improve workplace security and safety; 4) Improve the City's image and customer experience by providing a coordinated and updated look and feel for the facility; and 5) Foster efficiencies by improving workflow and functionality for staff and customers. This project is being coordinated with the Performance Contracting project in order to capitalize on any project synergies and cost- savings. Although the final design concept of the Master Plan is still in the final stages, due to the more immediate needs of furniture and tables for the Council Chambers and conference rooms, the functionality and design elements for furnishing have been determined so they will be compatible with the final Master Plan. Therefore, staff is recommending the purchase of some of the furnishings for the Council Chambers and conference rooms at this time. It is recommended that the purchase of certain furnishings is delayed until the Master Planning process is finalized. Budget Issues: To fund this project, $60,000 is required. Funds are available in the unassigned net assets. By resolution, the City Council may allot these available funds from its unassigned net assets. 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 As of January 1, 2013, the City has $10,686,896 of unallocated net assets in the General fund. Council Policy requires $9,115.074 in unallocated allotment for cash flow purposes, leaving $1,571,822 available for other purposes. Council Goals: Strategic: 4. We will improve the city's image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ALLOTMENT OF UNASSIGNED GENERAL FUND NET ASSETS TO GENERAL FUND WHEREAS, the City Council of the City of Brooklyn Center may allot funds available in its unassigned net assets by resolution; and WHEREAS, the City holds $10,686,896 of unallocated net assets in the General fund as of January 1, 2013 against a policy requirement of $9,115.074 in unallocated allotment for cash flow purposes, leaving $1,571,822 available for other purposes as the City Council may designate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that $60,000 of the existing General Fund unassigned net assets is hereby allotted to purchase tables, chairs and related furnishings for the City Council Chambers and conference rooms. April 8, 2013 Date Mayor ATTEST: City Clerk The motiOn for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles—or 14 percent--are owned and maintained by Minnesota's 853 cities; and WHEREAS, 84 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city—large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority saves seven dollars in repairs; and WHEREAS, the Council of the City of Brooklyn Center finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for municipal street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council supports enabling legislation that would authorize cities to establish street improvement districts to fund municipal street maintenance, construction and reconstruction RESOLUTION NO. April 8, 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. CONNECTING & INNOVATING SINCE 1913 LEAGUE OFMINNESOTA CITIES Briefing paper---2013 Minnesota cities and street improvement districts League position The League supports HF 745 (Erhardt, DFL-Edina) and SF 607 (Carlson, DFL-Eagan), legislation that would allow cities to create street improvement districts. This authority would allow cities to collect fees from property owners within a district to fund municipal street maintenance, construction, reconstruction, and facility upgrades. If enacted, this legislation would provide cities with an additional tool to build and maintain city streets. Supporters HF 7451SF 607 is also supported by the following organizations: •Association of Metropolitan Municipalities •Coalition of Greater Minnesota Cities •Minnesota Association of Small Cities •North Metro Mayors •Minnesota Transportation Alliance •City Engineers Association of Minnesota •Minnesota Chapter of the American Public Works Association Background Just as the state has fallen behind in making transportation investments, some cities faced with budget challenges have made the difficult decision in recent years to hold off on scheduled street improvement projects. Maintenance projects, such as seal coating and overlays, can prolong the lifecycle of streets to 50 to 60 years. Without ongoing maintenance, the average life expectancy of local streets is approximately 25 to 30 years. For every $1 spent on maintenance, a road authority saves $7 in repairs. But this maintenance requires a reliable dedicated funding source other than the current volatile property tax system. For the same reasons, cities are also falling behind on the reconstruction projects necessary to help keep property values stable; and, cities lack viable options for building new transportation infrastructure to attract and retain the investments by businesses that keep Minnesota's economy strong. Existing funding mechanisms for street maintenance and reconstruction are inadequate. Special assessments can be onerous to property owners and are difficult to implement for some cities. Special assessments are not always useful for funding collector streets and other streets that do not abut private property. Property tax dollars are generally not dedicated and are sometimes diverted to more pressing needs such as public safety, water quality and cost participation in state and county highway projects. Municipal state aid (MSA) is limited to cities over 5,000 population--147 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: www.LmcoRG of 853 cities in Minnesota--and cannot be applied to more than 20% of a MSA city's lane miles. Existing MSA is not keeping up with needs on the MSA system. Key messages •This is enabling legislation. No city would be required to create a municipal street improvement district. •The street improvement district authority legislation is modeled after Minn. Stat. 435.44, which allows cities to establish sidewalk improvement districts. •This authority would provide a funding mechanism that is fair. It establishes a clear relationship between who pays fees and where projects occur, but stops short of the benefit test that sometimes makes special assessments vulnerable to legal challenges. It also does not prohibit cities from collecting fees from tax exempt properties within a district. •Fees paid under a street improvement district would be deductible just as property taxes are. •This tool allows cities to perform maintenance and reconstruction on schedule. Timely maintenance is essential to preserving streets and thereby protecting taxpayer investments. •This tool would allow property owners to fund expensive projects by paying relatively small fees over time. The tool could be used to mitigate or eliminate the need for special assessments. LMC Contact: Anne Finn, Assistant IGR Director, 651-281-1263, afinn@linc.org Updated March 13, 2013 City Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: April 8, 2013 Curt Boganey, City Manager Vickie Schleuning,tOssistant City Manager/Director of Building and Community Standards Resolution Accepting Quotation and Awarding a Contract for 2013 Diseased Tree Removal Program Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Quotation and Awarding a Contract for 2013 Diseased Tree Removal Program to Upper Cut Tree Service. Background: The City of Brooklyn Center has administered a Diseased Tree Removal program since 1974 and annually establishes a program to expedite the removal of diseased and other nuisance trees as defined in City Ordinance Chapter 20. When a diseased tree is marked on the boulevard, the City shares in half the cost of the removal provided the removal is conducted under the City's annual Diseased Tree Removal contract. The property owner is invoiced for approximately half the cost of the removal. When a diseased tree is marked on private property, the owner is responsible for the removal and disposal of the tree. City staff informs property owners of the importance of removing diseased trees to minimize the propagation of tree disease to adjacent properties. If a property owner fails to remove a diseased tree, the City acquires a quotation from the contractor for the cost of removal. The quotation is presented to the property owner prior to proceeding with removal of the diseased tree. Unpaid charges for tree removal are levied as a special assessment against the respective parcels of land. Special assessments are levied over a period of five years. The five year payment program assists many property owners with financing tree removal costs. The tree removal quantities listed on the quotation form are based on the number of diseased trees estimated to be removed by the City's tree removal contractor in 2013. However, City staff continues to monitor the transmission of various tree diseases, including Emerald Ash Borer, throughout Minnesota to determine if additional response measures will be necessary in the future. The City received bids for tree removal based on the estimated average number of trees that may be removed. If there is compelling reasons for denial, such as a bid that is not responsible, 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 City is not obligated to choose the contractor with the lowest bid. However, staff is recommending the tree contractor that submitted the lowest bid. The contractor has a satisfactory record with the Better Business Bureau and reference checks. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and City property is included in the 2013 Budget under the Public Works Forestry operating budget. Property owners may pay their share of costs to the City directly, or the costs are specially assessed to the property in accordance with Minnesota State Law. Council Goals: Strategic: 3. We will ensure a safe and secure community 8. We will encourage citywide environmental sustainability efforts Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the audit), of life for allpeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2013 DISEASED TREE REMOVAL WHEREAS, staff solicited quotations from tree removal contractors and the following four quotations were received and opened on March 26, 2013 for 2013 Diseased Tree Removal Program. Bidder Bid Amount Upper Cut Tree Service $38,390.00 Arbor Design Tree Service $38,835.00 Pioneer Tree and Landscape $40,695.00 Arbor Barber $49,845.00 WHEREAS, it appears that Upper Cut Tree Service is the most responsible bidder for 2013 Diseased Tree Removal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to enter into a contract with Upper Cut Tree Service in the name of the City of Brooklyn Center for 2013 Diseased Tree Removal according to the plans and specifications on file in the office of the Director of Building and Community Standards. 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. 7a COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring April 26, 2013 as Arbor Day and May 2013 as Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council consider approval of a proclamation declaring April 26, 2013, Arbor Day and May 2013 Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each year, Brooklyn Center celebrates National Arbor Day and Arbor Month by hosting local volunteer/educational events with students from an elementary school and other groups within the City of Brooklyn Center. This year's event includes an elementary class from Palmer Lake Elementary planting several trees in West Palmer Park that are purchased by the City. This event also includes City staff providing teaching resources, learning activities and guidance in planting seedlings and trees. Students will be given a presentation on the history of Arbor Day and general tree information. This event and proclamation support the City's forestry program that has resulted in Brooklyn Center receiving its twenty-first consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: The American Legion and Sons of the American Legion have provided a $100 contribution to help offset the expenses for the Arbor Day event. Funding requirements for event supplies is expected to be less than $300 and is included in the 2013 Budget under the Public Works Park Division operating budget. Council Goals: Strategic: 4. We will improve the city's image 8. We will encourage citywide environmental sustainability efforts . . Mission: Ensuring an attractive, clean, sok, inclusive community that enhances the quality of life for all people and preserves the public trust PROCLAMATION DECLARING APRIL 26, 2013 TO BE ARBOR DAY AND MAY 2013 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautj5) our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuringthat these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1.April 26, 2013 to be Arbor Day in the City of Brooklyn Center. 2.May 2013 to be Arbor Month in the City of Brooklyn Center. 3. I urge all citizens to support efforts to care for our trees and woodlands and to support Our city's COMMUnity forestry program. April 8, 2013 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer C11---- SUBJECT: Proclamation Declaring April 20-27, 2013, as the Great Shingle Creek Watershed Cleanup Week Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 20- 27, 2013, as the Great Shingle Creek Watershed Cleanup Week. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate the 12th annual "Great Shingle Creek Watershed Cleanup". Beginning Saturday, April 20, 2013, through Saturday, April 27, 2013, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Many of the 33 groups affiliated with the Brooklyn Center Adopt-a-Park/Trail/Street or Flower Garden programs will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On Saturday, April 20, 2013, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee, juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week- long event. Budget Issues: The American Legion and the Sons of the American Legion have provided a $100 contribution to cover the expenses for the Great Shingle Creek Cleanup event. Funding requirements for event supplies is expected to be less than $150 and is included in the 2013 Budget under the Storm Drainage Utility operating budget. Mission; Ensuring an attractive, clean, sale, inclusive community that enhances the quality opife ,for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed Mission; Ensuring an attractive, clean, sale, inclusive community that enhances he quality of life fir all people and preserves the public trust PROCLAMATION DECLARING APRIL 20-27, 2013 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, The City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, Litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the' City's storm water drainage system; and WHEREAS, Citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets, parks, neighborhoods and community clean; and WHEREAS, The Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 20-27, 2013. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: I. April 20-27, 2013, to be The Great Shingle Creek Watershed Cleanup Week 2 The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use The Great Shingle Creek Watershed Cleanup Week 2013 to help prevent water pollution and preserve our watersheds by participating in a Cleanup Event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods and community. April 8, 2013 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM DATE: April 2, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring April 20, 2013 as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 20, 2013, as Earth Day in Brooklyn Center. Background: The name and concept of Earth Day was pioneered in 1970 in the United States. It is an annual day on which events are held worldwide to demonstrate support for environmental protection. This day of nature's balance was later sanctioned in a Proclamation at the United Nations, eventually going international in 1990. Today, more than 192 countries coordinate and celebrate Earth Day every year. Brooklyn Center recognizes Earth Day on Saturday, April 20, 2013, marking the day by taking part in celebratory events such as the Great Shingle Creek Watershed Cleanup and EarthFest. The Great Shingle Creek Watershed Cleanup takes place on Saturday, April 20, 2013, from 9 am to noon and will commence by gathering at the Brooklyn Center Community Center where an orientation will be given and supplies provided. Continuing on Saturday, EarthFest then takes place at the Brooklyn Center High School with a speaker at noon and activities from 1 to 4 pm including educational exhibits, gardening workshops and demonstrations and activities for young and old. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed MiSSiOn: ElISM'illg an attractive, clean, St if inclusive community that enhances the quality of life all people and preserves the public trust PROCLAMATION DECLARING APRIL 20, 2013 TO BE EARTH DAY IN BROOKLYN CENTER WHEREAS, A sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention and sustainable practices; and WHEREAS, Earth Day 2013 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW THEREFORE, I AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesotct, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1.April 20, 2013, to be Earth Day in the City of Brooklyn Center. 2.The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2013 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling. April 8, 2013 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 7d Proclamation DECLARING APRIL TO BE EAT. TALK.CONNECT! MONTH WHEREAS, Northwest Resources for Families is sponsoring the Eat. Talk. Program in collaboration with the Brooklyn Center School District, local faith communities, and businesses beginning April 2, 2013; and WHEREAS, Eat. Talk. is a multi-faceted initiative designed to increase connectedness within families and communities and involves schools, churches, work places, clinics, and residents of all ages; and WHEREAS, the Eat. Talk Connect! Challenge encourages families (and coworkers, singles and others) to eat at least three meals together each week for six weeks — without the distraction of television, cell phones, or other electronics; and WHEREAS, new research confirms that connections to family and community are as important to our mental health and well-being as food is to our physical health, and family mealtimes are one of the best ways to build family connections and relationships through listening and talking; and WHEREAS, research shows that children who eat several meals together with their families each week benefit in the following ways: •They are 40-50% less likely to smoke, use drugs or alcohol, or have sex •They do better in school •They eat more nutritionally and have fewer problems such as obesity, anorexia or bulimia •They experience less stress and are significantly less likely to be depressed •They have better social skills, character, and manners •They incorporate family values and faith into their lives NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim April to be Eat.TalkConnect! Month in the City of Brooklyn Center and invite citizens to participate in the Eat.Talk.Connect! Challenge. April 8, 2013 Date Mayor ATTEST: Council Members City Clerk City Council Agenda Item No. 7e COUNCIL ITEM MEMORANDUM DATE: April 8, 2013 TO: Curt Boganey, City Manager(7 FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Annual Report Building and Community Standards Department Recommendation: It is recommended that the City Council receive the report regarding highlights of department activities. Background: Annually City Departments are given an opportunity to present operational results for the prior year. The Building and Community Standards Department will present operating results for the calendar year 2012. A significant amount of success was achieved the past year regarding development and construction projects, rental license activities, housing programs, vacant properties, and neighborhood programs. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods 4. We will improve the city's image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: March 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT:An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Background: At its March 11, 2013, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Attached are the materials provided at the March 11, 2013, meeting and the ordinance amendment as it was approved at first reading. At the meeting on March 1 1th the City Attorney indicated he would review the Charter language and provide a recommendation regarding whether the approval of the ordinance should be contingent upon legislative action. Per the enclosed memo the Attorney concluded the following: "The advantage of making the ordinance effective in 30 days, and not delaying the effective date until action by the legislature, is that the right to file a petition would be cut off in 30 days rather than being allowed up to the date of adoption of legislation. As a practical matter, however, delaying the effective date may not matter since it seems quite unlikely that a referendum petition would be filed by the requisite number of registered voters challenging this proposed code amendment." The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on March 21, 2013. If adopted, effective date will be May 17, 2013. Budget Issues: There is potential revenue from the issuance of a taproom license. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 4. We will ensure the city influence at the legislature Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust From: LeFevere, Charlie L. Sent: Wednesday, March 20, 2013 5:28 PM To: 'Curt Boganey' Subject: Taproom license ordinance Curt, At the last city council meeting there was a discussion about the effective date of the proposed ordinance relating to issuance of taproom licenses. As stated in the draft, the ordinance will be "effective after adoption and 30 days following its legal publication and following adoption of legislation by the 2013 Minnesota Legislature allowing brewer taprooms to be located in cities with municipal liquor." I advised the city council that the ordinance could be adopted whether or not the legislature acted on this subject in 2013. Under current law, cities with municipal liquor can only issue on sale licenses to hotels, clubs and restaurants. Therefore, even if the city ordinance does not say so, current state law would not allow issuance of a taproom license to any place other than a hotel, club or restaurant (since taproom licenses are issued to brewers, this effectively limits licenses to restaurants since hotels and clubs would ordinarily would not be brewers). In other words, since state law would not allow issuance of a taproom license to an establishment that was not a restaurant, it is not necessary for the city ordinance to say so. State law would control whether the proposed amendment were adopted or not. Under city charter, the voters can file a petition, prior to the date when an ordinance takes effect, requesting that the ordinance be repealed or submitted to a vote of the registered voters. Once that happens, the ordinance does not become effective until the voters have had an opportunity to repeal it in an election. The advantage of making the ordinance effective in 30 days, and not delaying the effective date until action by the legislature, is that the right to file a petition would be cut off in 30 days rather than being allowed up to the date of adoption of legislation. As a practical matter, however, delaying the effective date may not matter since it seems quite unlikely that a referendum petition would be filed by the requisite number of registered voters challenging this proposed code amendment. Let me know if you have any follow-up questions. Charlie Charles L. LeFevere Kennedy and Graven, Chartered 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9215 Fax: (612) 337-9310 clefevere@kennedy-graven.com Excerpt of Minutes from March 11, 2013 Council Meeting 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. Mayor Willson withdrew his request to amend the motion by adding a contingency. Motion passed unanimously. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8 th day of April 2013 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and peimits that may be issued by the City pursuant to this Chapter: 12. Brewer Taproom License. This license may be issued to the holder of a brewer's license under Minnesota Statutes 340A.301, Subdivision 6(c), (i), or (j) and shall be issued only to a Restaurant. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one brewer taproom license and may not have an ownership interest in a brewery licensed under Minnesota Statutes 340A.301, Subdivision 6(d). A brewer taproom license may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication and following adoption of legislation by the 2013 Minnesota Legislature allowing brewer taprooms to be located in cities with municipal liquor. Adopted this day of 2013. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) fcl/e%41-4-1,1-L._ Notary Public ePANWAIMMAAMMANTIN:-. JULIA I. HELKENN NOTARY PUBL1C-MINNESOTA 'Y My Comm. exp. Jan. 31, 2015 Ute.A.WJVAMMAPANMAMV.WWW14 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known asBrooklyn Park, Brooklyn Center Sun-Post and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)The printed public notice that is at- tached was published in said newspa- per(s) once each week, for one suc- cessive week(s); it was first published on Thursday, the 21 _ day of March , 2013, and was there- after printed and published on every Thursday to and including Thursday, the day of , 2013; and printed below is a copy of the lower case alphabet from A to Z, both inclu- sive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 21 day of March , 2013. City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a publichearing will be held on the 8th day ofApril 2013 at 7 p.m. or as soon there- after as the matter may be heard at theCity Hall, 6301 Shingle Creek Parkway,to consider An Ordinance AmendingChapter 11 of the City Code of Ordi-nances Relating to Liquor Licensing. Auxiliary aids for persons with disabili- ties are available upon request at least96 hours in advance. Please contact the City Clerk at 763-569-3300 to makearrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAP-TER 11 OF THE CITY CODE OF ORDI-NANCES RELATING TO LIQUOR LI-CENSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAINAS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 11-107 isamended as follows: Section 11-107. TYPES OF LIQUORLICENSES AND PERMITS. The fol-lowing are the types of Liquor licensesand permits that may be issued by theCity pursuant to this Chapter: 12. Brewer Taproom License. This li-cense may be Issued to the holder of abrewer's license under MinnesotaStatutes 340A.301, Subdivision 6(c), (i),or 0) and chall b icou d nly t aReiltetoar44. A brewer taproom licenseauthorizes on-sale of malt liquor pro-duced by the brewer for consumption on the premises of or adjacent to onebrewery location owned by the brewer.A brewer may only have one brewer taproom license and may not have anownership interest In a brewery li-censed under Minnesota Statutes340A.301, Subdivision 6(d). A brewertaproom license may not be issued toa brewer if the brewer seeking the li- cense, or any person having an eco-nomic interest in the brewer seekingthe license or exercising control over the brewer seeking the license, Is abrewer that brews more than 250,000barrels of malt liquor annually or a win- ery that produces more than 250,000gallons of wine annually. Section 2. This ordinance shall be ef-fective after adoption and thirty days following its legal publication and fol-lowing adoption of legislation by the2013 Minnesota Legislature allowing brewer taprooms to be located in citieswith municipal liquor. Adopted this day of2013. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Stfi4ee44 indicates matter to be delet-ed, underline indicates new matter.) (Mar. 21, 2013) P1-Chapter11PHN COUNCIL ITEM MEMORANDUM DATE: March 4, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk *A‘tti)V(- SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing Recommendation: It is recommended that the City Council consider approval of 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. Background: During the 2011 Minnesota Legislative Session, Minnesota Statutes 340A.301 was amended to include a provision allowing for properly licensed malt beverage manufacturers (Brewers) to apply for a Brewer Taproom License (this law was known as the "Surly bill"). The Brewer Taproom License allows for the sale of beer brewed by the brewer to retail customers. Nothing in Minnesota Statutes 340A.301, Subdivision 6b precludes the holder of a Brewer Taproom License from also holding a license to operate a restaurant at the brewery. Surly Brewing Company submitted a request to amend the City ordinance to allow for a Brewer Taproom License at its current location 4811 Dusharme Drive. However, Minnesota Statutes 340A.601, Subdivision 5 provides that, a city owning and operating a municipal liquor store may issue on-sale liquor licenses only to hotels, clubs, and restaurants. Surly Brewing Company does not operate a restaurant and its current brewery would not qualify for a Brewer Taproom License since Brooklyn Center operates municipal liquor stores. In October 2011 the City's liquor ordinance was amended to add a Brewer Taproom License with the provision that the license shall only be issued to a restaurant. The 2013 Minnesota Legislative Session is underway, and S.F. No. 467, authored by Senator Eaton, and its companion H.F. No. 266, authored by Representative Hilstrom, has been introduced. The bills are identical and would allow brewer taprooms to be located in cities with municipal liquor, amending Minnesota Statutes 340A.601, Subdivision 5. An attorney representing Surly Brewing Company has been in discussions with City Attorney Charlie LeFevere regarding the implications of this bill if it passes. If it is the desire of the City Council to consider issuance of a Brewer Taproom License to Surly, then the City liquor ordinance would need to be amended to authorize its issuance. Since the passage of an ordinance amendment is quite lengthy, it is the City Attorney's recommendation to consider an amendment and hold the Public Hearing prior to the Legislature adopting the bill into law. The ordinance would be adopted contingent upon the passage of the bill and effective the same date. If the bill is not adopted, then the ordinance would not be amended. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There is a potential for revenue from the issuance of a taproom license. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 4. We will ensure the city influence at the legislature Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2013 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and petmits that may be issued by the City pursuant to this Chapter: 12. Brewer Taproom License. This license may be issued to the holder of a brewer's license under Minnesota Statutes 340A.301, Subdivision 6(c), (i), or (j) and shall be issued only to a Restaurant. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one brewer taproom license and may not have an ownership interest in a brewery licensed under Minnesota Statutes 340A.301, Subdivision 6(d). A brewer taproom license may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication and following adoption of legislation by the 2013 Minnesota Legislature allowing brewer taprooms to be located in cities with municipal liquor. Adopted this day of 2013. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) 01/28/13 REVISOR JSK/KS 13-1184 as introduced SENATE STATE OF MINNESOTA EIGHTY-EIGHTH LEGISLATURE (SENATE AUTHORS: EATON, Hoffman, Metzen and Dahle) DATE D-PG OFFICIAL STATUS 02/14t2013 ' 233 Introduction and first reading Referred to Commerce S.F. No. 467 1.1 A bill for an act 1.2 relating to alcohol; allowing brewer taprooms to be located in cities with 1.3 municipal liquor; amending Minnesota Statutes 2012, section 340A.601, 1.4 subdivision 5. 15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2012, section 340A.601, subdivision 5, is amended to 1.7 read: 1.8 Subd. 5. Issuance of licenses to private persons. A city owning and operating a 1.9 municipal liquor store may issue on-sale liquor licenses to hotels, clubs, and restaurants, 1.10 and brewer taprooms licensed under section 340A.301, subdivision 6b. A city issuing 1.11 on-sale licenses under this subdivision may continue to operate the municipal liquor store 1.12 or may resume operation of a municipal liquor store previously discontinued. • 1.13 The number of on-sale licenses issued under this section by a city is governed by 1.14 section 340A.413. 1.15 A city may not issue licenses under this section, other than a license issued to a club 1.16 under section 340A.404, subdivision 1, clause (4), until authorized by the voters of the 1.17 city voting on the question at a special election called for that purpose. Section 1. 01/28/13 REVISOR JSK/ICS 13-1184 This Document can be made availablein alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES 266 01/31/2013 Authored by Hilstrom The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy 1.1 A bill for an act 1.2 relating to alcohol; allowing brewer taprooms to be located in cities with 1.3 municipal liquor; amending Minnesota Statutes 2012, section 340A.601, 1.4 subdivision 5. 15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2012, section 340A.601, subdivision 5, is amended to 1.7 read: 1.8 Subd. 5. Issuance of licenses to private persons. A city owning and operating a 1.9 municipal liquor store may issue on-sale liquor licenses to hotels, clubs, and restaurants, 1.10 and brewer taprooms licensed under section 340A.301, subdivision 6b. A city issuing 1.11 on-sale licenses under this subdivision may continue to operate the municipal liquor store 1.12 or may resume operation of a municipal liquor store previously discontinued. " 1.13 The number of on-sale licenses issued under this section by a city is governed by 1.14 section 340A.413. 1.15 A city may not issue licenses under this section, other than a license issued to a club 1.16 under section 340A.404, subdivision 1, clause (4), until authorized by the voters of the 1.17 city voting on the question at a special election called for that purpose. Section 1. 1 EIGHTY-EIGHTH SESSION City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: March 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler SUBJECT: Mayoral Appointment of Member to Serve on Northwest Hennepin Human Services Council Advisory Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Mandora Young, 7124 Oliver Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission with term to expire December 31, 2014. Background: The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two-year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. There is one vacancy on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 7, 2012 Announcement was made in the December 27, 2012, and February 21, 2013, edition of Brooklyn Center Sun -Post and March 6, 2013, edition of Minneapolis Star Tribune. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the March 29, 2013, update. Attached for City Council Members only is a copy of the application received: Mandora Young 7124 Oliver Avenue North Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The applicant was notified that her application for appointment would be considered at the April 8, 2013, City Council meeting. Mayor Willson recommends appointment of Mandora Young. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: April 8, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 490t44Aida€ SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Dupont 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 5301 Dupont 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 new rental license. This property qualifies for a Type IV provisional rental license, based on 24 (4/unit) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Although the criteria for validated police nuisance/incident calls do not apply to new licenses, City staff are working with the new owner regarding public safety and tenants issues. The property owner has been cooperative in addressing concerns and taking eviction actions if necessary. The police calls are primarily disturbances and burglaries. City staff will continue to work with the property owner regarding the Crime Free Housing Program and other best practices. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-25-2012 The Owner, Braj Prakash Agrawal, applied for an initial rental dwelling license for 5301 Dupont Ave N, a one building, six unit multi-family residential property. 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 08-16-2012 09-20-2012 12-13-2012 01-14-2013 01-14-2013 01-25-2013 02-01-2013 02-20-2013 03-01-2013 03-19-2013 03-19-2013 03-19-2013 03-29-2013 An initial rental inspection was conducted. 24 (4/unit) property code violations were cited, see attached rental criteria. A follow up rental inspection was scheduled. No one was on site to meet the inspector. A follow up rental inspection was conducted and failed. A follow up rental inspection was scheduled. No one was on site to meet the inspector. $100 in reinspection fees were assessed to the property. A follow up rental inspection was conducted and passed. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $125 Administrative Citation was issued for failure to submit a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. The $125 Administrative Citation was dismissed. A letter was sent to the owner notifying that the hearing before the Council will be held April 8, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission: Ensuring an attractive, clean, safe, inclusive continually that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as 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 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 unitsGreater 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 3-41 flits Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust -AT PrqpeitYr .1149 1 1114,4V11...,. :TrOPeil.}YreIi§:,5301 Dupont Ave N , MN' Lispo'Agent:-. . . property Management/Alex ,Eaton :i2465 Ali Place, Eden Piaide,-MN 55347 2531 h II St NE, STE C, '13 ‘*l ef'111°r1 9 : Si 2 399 -02,2:'Z5403:.4.0 1:1°.' 6 1 2 .,,22.7624-4. Owner Name Continental Heal Est a te Asset Management LLC 'Own:ea:nail; b r á„l4Y!""' 'Rental License:_ .New Agent EMail:a1 0 4 e iop rii.corn Curren t License Expiratibli Date: , , *Pendi g.Type IV License Pip. Date: . , , (Sit nzoiiihsfrein cur, ent license expiration) gm0.140t... Sqctio,ri B— Required 1)ocurupt6; 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). 'ecti°111-(' Crar-0-1 1 14.4 us-ilig Y/ AgraRat-eilllir Phale V I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I v I 1 Authantlegn in 405149004374C-4t10-1575A4/16F2D7E104CICity of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN S5430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillableform on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 Authentl Ign ID: 405149110.1374C-4519475A-026F297E104C m 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 511212011 or Date Course Scheduled: Phase II Complete Security Assessment st rongly consider recommendations by Brooklyn Center Police Department. 3-)- 0 4"WIS 14/Date Scheduled: 'efterr3 „--------- Improvements to be completed by: TBD- Phase III I I/ I I will attend a minimum of 50% of the ARM meetings (two). Twill attend the ARM meetings scheduled for: 5/9. or 6/11 & 9112 or 11114 Do these two meeting dates occur before the *Pending Type IV License expiration date? lIces LI Igo (*See Section A) if no, you will only be able to qualify for a Type IV Rental License upon renewal. I do best to have documentedwill my no repeat code violations previously within the past year. For properties wan /our or more units: 1 '64 II•I will conduct training that includes techniques.resident annually crime preventionIV II will hold regular resident meetings. Seen D —Log 'Few (240(aPlingr(tvwturtts: 111i111 Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly, However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-1962 2025 Water Heater-2008 2020 Kitchen Appliances-2005 2015 Laundry Appliances-2005 2015 Exterior -Paint/Siding, fascia, trim 1962 2015 -Windows 1962 2025 -Roof 2000 2020 -Fence NA NA -Shed NA NA -.Garage NA NA -Driveway 2000 2020 -Sidewalks 1990 2020 Smoke Alarms & Carbon Monoxide Alarms 2011 2015 Other(s) it ton !E - Stops to I toprove -Mitti:.tgenaeIttand:COn.ditiak:0111rciper ty Implementing the following best practices may assist in the management of your property. B , checking the boxes below, you agree to: I. Check in with tenants every 30 days,11 4/ 1 2. Drive by property to check for violations twice a month. cf -;1.1 (15■ Page 2 Type IV Mitigation Plan Rev 1146-11 For City Use —Mitiption Plan Approved By: Police Department / Title 3/// Datmmunity Standards -Department I Title Date Authanti In 405149D04374C4E19475A.026F2D7g104C Ri11-1 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain Current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): tee attaehment 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 IO'' 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 infomiation 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. Continental Real Estate Asset Management LLC Owner or Agent Name and Title (Please Print) •nMEC-140TA -40MI4IICS 3/12/133/16.2013 11:47:011 Owner or Agent Signature Date EIG Property Managment/Alex Eaton Additional Owner or Agent Name and Title (iffipplicable) (Please Print) DE0006PPE4M.44A74474 atece. Eaton .,113,2 014 3,44:S■ PM 3/12/13 Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 1146 -11 City Council Agenda Item No 10c COUNCIL ITEM MEMORANDUM DATE: April 8, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jkli/K-4611* SUBJECT: Type IV 6-Month Provisional Rental License for 3701 55 th 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 3701 55 th 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 property qualifies for a Type IV provisional rental license based on 17 property code violations found during the initial rental license inspection and one 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 ordinancelor 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: 09-19-2012 09-26-2012 10-26-2012 10-26-2012 11-30-2012 The Owner, Robert Johnson, applied for renewal of the rental dwelling license for 3701 55 th Avenue N, a single family dwelling. An initial rental inspection was conducted. 17 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed with weather deferral for painting the deck. City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Incidents were on 04-20-2012 for disturbing the peace. The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-14-2013 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. 01-30-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-14-2013 A Mitigation Plan was submitted. 03-19-2013 The Mitigation Plan was finalized. 03-29-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 8, 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life - for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). No Category Impact Number of Units 1-2 3-4 units 5 or more units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 0-0.35 .License Category 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 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: -We will ensure a safe and secure community -We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Submit the following documents with the Mitigation Plan for approval: i1 1 11 01111 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). el Mil 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. 1 1 1 I City of Brooklyn Center 6801 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepta Please type or use'Noble form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncentenorg MIMENNUEMENNIMEI i 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled:31271203Date Course Completed: or Phase II improvements recommended by the to be completed by: 30 days 1 Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 3/29/2013 at 2:00pm Improvements Phase III (two). & 6/612013 I ,/ II will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 3114120113 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 for a Type IV Rental within the past year. crime prevention techniques. provided for common capital worn or otherwise in violation date? IIII Yes 0 No License upon renewaL items. Funding prior to the estimated I If 1 I will have no repeat violations documentedcode previously For properties with four or more units: I ll .•I training includeswill conduct resident annually thatI 1 I will hold regular resident meetings. Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-1012011 2041 Water Heater-2009 2020 Kitchen Appliances-2009 2019 Laundry Appliances-2009 2019 Exterior -Paint/Siding, fascia, trim 2009 2015 -Windows 2009 2020 -Roof 2009 2020 -Fence NA -Shed 2009 2025 -Garage 2009 2020 -Driveway 2009 2020 -Sidewalks 2009 2030 Smoke Alarms & Carbon Monoxide Alarms 2009 2015 Other s Implementing the following best practices may assist in the management of your property. month. • B s/irking the boxes below, you agree to: 1. Check in with tenants every 30 days.II 1 I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 For City Use--Mitigation Plan Approved By: /3 Date Police Department! Title ts-Im Date ulich Community Standards Department! Title r or A t Signature ra 3. Evict tenants in violation of the lease and all addendums. Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10, of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result.Po 14* S' /'-) Ownwr gr.4gent Name and Title (Please Print) 3/4V/7Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date El 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): . Type IV Mitigation Plan Rev 11-16-11Page 3 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: April 8, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk 1\60,8a ri-kktrnt Type IV 6-Month Provisional Rental License for 3901 Burquest Lane 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 3901 Burquest Lane. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type III rental license. This property qualifies for a Type IV provisional rental license based on ten property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-28-2012 01-24-2013 01-31-2013 02-05-2013 02-12-2013 02-12-2013 The Owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest Lane, a single family dwelling. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. The previous rental license expired. The property was posted as unlicensed. A second rental inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission: Ensuring an athytctive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-19-2013 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. 03-01-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-13-2013 A Mitigation Plan was submitted. 03-27-2013 The Mitigation Plan was finalized. 03-29-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 8, 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seridusness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of detetmining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 •but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 No Category Impact 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 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 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 4- etiding, e ce se, 2013 omrcTiiths 7froztff :cap. olns e faxp r WIZ —7:47 grAr: LI-f 9.M.TAM @ 0 qt‘ga1g1) 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" of each month (after license approval). 1111 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. • I 1211ill I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org ,A1115112RUMISE Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use'Noble form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. 'Page 1 Type IV Mitigation Plan Rev 11-16-11 77-1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 511212012 or Date Course Scheduled: Phase IILuj Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. )4-- Date Scheduled: 64244244,1' Improvements to be completed by: Gliqp--)fr Phase III17-11 I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 519/2013 & 7111/2013 Do these two meeting dates occur before the *Pending Type IV License expiration date? Iii Yes 0 No Mee Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. ( 1 1 I will have no repeat code violations documented within thepreviously past year. For properties with four or more units: 1 will conduct resident training annually that includes crime prevention techniques.I 11 will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2011 2030 Water Heater-2011 2026 Kitchen Appliances-2011 2020 Laundry Appliances-2008 2018 Exterior -Paint/Siding, fascia, trim 2005 2015 -Windows 1970 2023 -Roof 2020 -Fence NONE -Shed NONE -Garage 2005 2025 -Driveway 1970 2030 -Sidewalks NONE Smoke Alarms & Carbon Monoxide Alarms 212013 2015 Othe s i). 1 ,, . " ; ;■,..;'li Implementing the following best practices may assist in therichicking the boxes below, you agree to: I. Check in with tenants every 30 days. management of your property. I I 1 I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-1641 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.: Ira 11-71Ill CENTERPOI NT 1/Il 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.In 9. Other(s): For City Use —Mitigation Plan Approved By: o munity Standards Department/ Title Police Department / Title Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. LEE BECKLEY Owner or Agent Name and Title (Please Print) h? DateOwner or Age ignature Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11