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Home My WebLink About2013 04-22 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 22, 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 22, 2013 AGENDA 1.Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. , 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.April 8, 2013 — Study Session 2.April 8, 2013 — Regular Session 3. April 10, 2013 — Joint Session with Commissions b. Licenses c. Resolution Approving Final Plat for SHINGLE CREEK CROSSING 3 RD ADDITION 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Sean Rahn for His Dedicated Public Service on the Planning Commission Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- April 22, 2013 b. Proclamation Declaring May 19-25, 2013, Public Works Week in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings a. Resolution Vacating Certain Easements within Lots 2, 3, 6, 7, 8, and 9, Blockl, SHINGLE CREEK CROSSING, Hennepin County, Minnesota —This item was published in the official newspaper on April 4, 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 resolution. 9. Planning Commission Items —None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 5949 York 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. b. Consideration of Type IV 6-Month Provisional Rental License for 5712 Logan 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 6724 France Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- April 22, 2013 d. Consideration of Type IV 6-Month Provisional Rental License for 5321 Fremont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11.Council Report 12.Adjournment City Council Agenda Item No 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 8, 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, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 8.a., An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing, in particular that Surly Brewing Company is a unique operation and within a different category of licensure so there would not be an issue with the percentage of food served. City Manager Curt Boganey confirmed that Surly Brewing Company had a different category of liquor license and Statute would not establish a food sale limit as long as Surly Brewing Company qualifies for the license. Surly Brewing Company has to apply for a Special Use Permit so a description of how it intends to use its license will be included in its application and the City Council will be able to take into account issues such as hours of operation and parking. Councilmember Lawrence Anderson requested discussion on Item 6.f., Resolution Approving Allotment of Unassigned General Fund Net Assets to General Fund, in particular if those items would be sold or donated. Mr. Boganey explained the City has a policy relating to disposal of assets that are no longer needed. Typically, the asset will be sold to a buyer as a discount against the price (trade in), or the asset can go to public auction, or if determined to have no salvage value the item can be disposed or donated to a qualified recipient (non-profit). MISCELLANEOUS It was noted Mayor Willson would be out of town from April 24-26, 2013. Councilmember Myszkowski announced she would be out of town from April 18-20, 2013. 04/08/13 -1- DRAFT Youth Center Update Councilmember Kleven thanked Mr. Boganey for providing an update on the retractable screen at the Youth Center. She inquired about the salary of the Brooklyns Youth Alliance Executive Director. Mr. Boganey responded it is about $68,000. Brooklyns Youth Council Councilmember Myszkowski reported on the April 1, 2013, Brooklyns Youth Council meeting, indicating it was organized and well attended. She also reported on activities of its three subcommittees and stated the youth held deep and insightful conversations, giving her confidence the future is in good hands. Corrections to March 25, 2013, Study Session and Regular Session Meeting Minutes The City Council requested the following corrections to the Study Session minutes of March 25, 2013: Page 2, 7th paragraph: " ... date for a significant religious observance of a major religion..." Page 2, 11 th paragraph: "...Howe Fertilizer site and stated that someone had..." Page 4, 7 th paragraph: "...housing stock if there is no liability." It was the majority consensus of the City Council to accept the corrections to the March 25, 2013, Study Session minutes. The City Council requested the following corrections to the Regular Session minutes of March 25, 2013: Page 4, 5 th paragraph: "Mayor Willson stated Brooklyn Center School District Superintendent Keith Lester and Osseo School District Superintendent Dr. Kate McGuire have both been a strong voice..." Page 10, 6 th line: "March 21, 2013, Brooklyn Center High School Orchestra and Choir Concert" It was the majority consensus of the City Council to accept the corrections to the March 25, 2013, Regular Session minutes. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:23 p.m. Motion passed unanimously. 04/08/13 -2- 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 APRIL 8, 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 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 Ryan moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski shared several versus from America the Beautiful as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, 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, 04/08/13 -1- DRAFT 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 Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, with amendments to the Study Session and Regular Session minutes of March 25, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 25, 2013 — Study Session 2.March 25, 2013 — Regular Session 6b. LICENSES MECHANICAL CenterPoint Energy The Heating Guy, LLC Lein Heating, Inc. Louis Degidio Services, Inc. Precision Heating and Cooling Sedqwik Heating & A/C Southtown Refrigeration UHL Company, Inc. 9320 Evergreen Boulevard, Coon Rapids 3004 Ottawa Avenue S, St. Louis Park 3852 Pershing Street SW, Prior Lake 21033 Heron Way, Lakeville 3650 Chestnut Street, Chaska 1408 Northland Drive, Mendota Heights 6325 Welcome Avenue N, Brooklyn Park 9065 Zachary Lane, Maple Grove RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE — one-year license) 5700 Bryant Avenue N. Lorenzo Vargas INITIAL (TYPE II— two-year license) 5330 Fremont Avenue N. 6018 Kyle Avenue N. 6307 Scott Avenue N. RENEWAL (TYPE — one-year license) 6813 Humboldt Avenue N. B102 6813 Humboldt Avenue N. B201 6819 Humboldt Avenue N. A204 6907 Quail Avenue N. RENEWAL (TYPE II— two-year license) 6807 Humboldt Avenue N. C204 Jonathan Thiel Danny Vo Kin Chew New Concepts Management New Concepts Management New Concepts Management Tony & Carmen Holder New Concepts Management 04/08/13 -2- DRAFT 6813 Humboldt Avenue N. B104 6813 Humboldt Avenue N. B203 6813 Humboldt Avenue N. B204 6930 Newton Avenue N. RENEWAL (TYPE I— three-year license) 819-21 55 th Avenue N. 4112 61 st Avenue N. 6638 Camden Drive 5619 Hillsview Road 5636 Humboldt Avenue N. SIGNHANGER Indigo Signworks, Inc Install This Awning & Sign Signation Sign Group Vital Signs Midwest New Concepts Management New Concepts Management New Concepts Management Desra Widdel Stephanie Statz Christina Duong Gal Peremislov James Kaun Gao Qiang Liu 1622 Main Avenue, Fargo, ND 4835 Lyndale Avenue N, Minneapolis 6840 Shingle Creek Parkway 111 Babcock Boulevard, Delano 6c.RESOLUTION NO. 2013-42 DESIGNATING 2013 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6d.RESOLUTION NO. 2013-43 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY- FIRST CONSECUTIVE YEAR 6e. RESOLUTION NO. 2013-44 APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND 61. RESOLUTION NO. 2013-45 APPROVING ALLOTMENT OF UNASSIGNED GENERAL FUND NET ASSETS TO GENERAL FUND 6g. RESOLUTION NO. 2013-46 SUPPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS • 6h. RESOLUTION NO. 2013-47 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2013 DISEASED TREE REMOVAL PROGRAM Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 26, 2013, AS ARBOR DAY AND MAY 2013 AS ARBOR MONTH IN BROOKLYN CENTER 04/08/13 -3- DRAFT Mayor Willson read in full a Proclamation Declaring April 26, 2013, as Arbor Day and May 2013 as Arbor Month in the City of Brooklyn Center. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve PROCLAMATION Declaring April 26, 2013, as Arbor Day and May 2013 as Arbor Month in Brooklyn Center. Motion passed unanimously. 7b.PROCLAMATION DECLARING APRIL 20-27, 2013, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Mayor Willson read in full a Proclamation Declaring April 20-27, 2013, as The Great Shingle Creek Watershed Cleanup Week in the City of Brooklyn Center. He announced that on April 20, 2013, there will be an organized event at the Community Center to clean Shingle Creek in the area of City Hall. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve PROCLAMATION Declaring April 20-27, 2013, as The Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 7c.PROCLAMATION DECLARING APRIL 20, 2013, AS EARTH DAY IN BROOKLYN CENTER Mayor Willson read in full a Proclamation Declaring April 20, 2013, as Earth Day in the City of Brooklyn Center. He stated since August 26, 2012, he has driven a Chevy Volt over 6,000 miles and purchased only 57 gallons of gas. Councilmember Ryan commented on a recent PBS special relating to events leading up to and including the first Earth Day held in 1970, noting the City is also interested in enhancing and sustaining the environment as witnessed by this Proclamation. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve PROCLAMATION Declaring April 20, 2013, as Earth Day in Brooklyn Center. Motion passed unanimously. 7d. PROCLAMATION DECLARING APRIL TO BE EAT.TALK.CONNECT! MONTH Mayor Willson read in full a Proclamation Declaring April to be Eat.Talk.Connect! Month. 04/08/13 -4- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve PROCLAMATION Declaring April to be Eat.Talk.Connect! Month. Councilmember Lawrence-Anderson described her family's enjoyment of evening meals, indicating it is one of the most fun parts of her day to learn what is happening in her children's lives. Mayor Willson thanked Councilmember Myszkowski for bringing this proclamation to the attention of the City Council, noting the program's results are very positive. Motion passed unanimously. 7e. BUILDING AND COMMUNITY STANDARDS DEPARTMENT YEAR END REPORT Assistant City Manager/Director of Building and Community Standards Vickie Schleuning presented the 2012 Building and Community Standards Department Year End Report. She described the partners and collaborators in this program and presented its goals, highlight of achievements, and program summaries. Ms. Schleuning displayed pictures depicting examples of blighted properties that had been purchased and improved through these programs. Mayor Willson stated it is refreshing to see how the City's departments cooperatively work together, a credit to Mr. Boganey's management skills. He also recognized the leadership of Ms. Schleuning in organizing and moving these programs forward. Ms. Schleuning credited the team efforts of the City's staff, City Manager Boganey, the City Council, Commissions, residents, businesses, community organizations, and other parties for the accomplishments of the program. The Council again extended its appreciation to Mr. Boganey, Ms. Schleuning, and Mr. Eitel for their dedicated service and the positive results of this program, complimenting Ms. Schleuning on this thorough report. Ms. Schleuning answered questions of the City Council relating to the NSP Program that leveraged federal funds and reduced use of local funds. Mr. Boganey thanked the City Council for its leadership, establishing effective policies, and authorizing resources for this effort. He also recognized Ms. Schleuning and her staff for their exceptional leadership resulting in the success of this program. It was the unanimous consensus of the City Council to accept the Building and Community Standards Department Year End Report. 8. PUBLIC HEARINGS 04/08/13 -5- DRAFT 8a. ORDINANCE NO. 2013-01 AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to amend Chapter 11 of the City Code of Ordinances relating to liquor licenses. This ordinance received first reading on March 11, 2013, was published in the official newspaper on March 21, 2013, and is offered this evening for Public Hearing. If adopted, it would be effective thirty days following its legal publication (May 17, 2013) AND following adoption of legislation by the 2013 Minnesota Legislature allowing brewer taprooms to be located in cities with municipal liquor. Councilmember Kleven moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mary Selike, representing Surly Brewing Company, thanked the Council for taking this action. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2013-01 Amending Chapter 11 of the City Code of Ordinances relating to Liquor Licenses. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson announced the appointment of Mandora Young, 7124 Oliver Avenue N., to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire on December 31, 2014. Councilmember Kleven moved and Councilmember Myszkowski seconded to ratify the Mayoral appointment of Mandora Young, 7124 Oliver Avenue N., to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire on December 31, 2014. Motion passed unanimously. 04/08/13 -6- DRAFT • 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Ms. Schleuning advised that 5301 Dupont Avenue North was inspected and 24 (4/unit) property code violations were cited and ultimately corrected. This is a new rental license. 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 ordinances. The City Council considered the lengthy timeframe for this recommendation to come forward for consideration, noting the application process started in July of 2012. Ms. Schleuning explained it was a result of a mailing address issue so notice was not received in a timely manner, the eviction process, and the property owner had to make significant bathroom improvements. In addition, staff and the property owner were working on a long-term plan for this property. The Council indicated it is expected that the City follow its ordinances to assure safe living quarters for renters. Ms. Schleuning answered questions of the City Council and indicated staff is recommending approval because the property meets ordinance requirements. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Alex Eaton, EIG Property Management representing the property owner, reviewed his experience with property management and described their goal to increase livability for tenants, improve the property for neighbors and all stakeholders, and move off Type IV Rental Licensing by reducing potential for crime and nuisance activity. Mr. Eaton assured the Council they will conduct aggressive background checks on potential tenants, enforce leases, maintain close connection with tenants, and continue to improve the property to attract stronger tenants. Braj Prakash Agrawal, property owner of 5301 Dupont Avenue N., stated before he purchased the building he talked with the neighbors and found it to be family-friendly with long-term residence. However, he was not aware of the prior history of this property. He stated he would like the City's help to attract good family tenants to build community. The Council indicated it appreciated the property owner and manager were in attendance to answer questions of the Council and that they kept close connection with their tenants. With regard to unauthorized tenants, Mr. Eaton stated that is a breach of lease and considered a violation. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the hearing. 04/08/13 -7- DRAFT 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 5301 Dupont Avenue North, with the requirement that the mitigation plan and all 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 3701 55 TH 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. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3701 55 th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3901 BURQUEST LANE Ms. Schleuning advised that 3901 Burquest Lane was inspected and ten property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. 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 all applicable ordinances. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Lee Beckley, agent representing the property owner of 3901 Burquest Lane, stated this property is also licensed by the Minnesota Department of Health, the Department of Human Services, and Hennepin County because it is a group home for those with disabilities. 04/08/13 -8- DRAFT He stated the violations have been addressed and asked why their license was not for one year. He also asked why he was required to obtain a City rental license. Mayor Willson explained the City Ordinance requirements. Mayor Willson explained the City's rental license process and requirements, resulting in staff's recommendation for a Type IV license in this case. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3901 Burquest Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REP ORT Councilmember Ryan reported on his attendance at the following: •March 26, 2013, briefing on Minnesota Health Care Exchange •April 1, 2013, Forum on Social Security •April 4, 2013, Presentation by Brooklyn Center Police Chief Benner at the Lion's Club Dinner •April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat Councilmember Ryan announced the upcoming events: April 10, 2013, annual joint City Council and Citizen Volunteer Commissions meeting; April 12, 2013, Annual Firefighter's Dinner, April 14, 2013, Annual Brooklyn Center Fire Department Pancake Breakfast; April 17, 2013, Crime Prevention Annual Awards Ceremony; and, April 20, 2013, Great Shingle Creek Cleanup and EarthFest. Councilmember Ryan thanked Jill Dalton and Diane Sannes for their work with EarthFest. Councilmember Kleven reported on her attendance at the following: •March 26, 2013, meeting on the book Pale Horse on Plum Rock •April 1, 2013, Forum on Social Security •April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat Councilmember Kleven announced the April 17, 2013, Senior Spring Forum and April 20, 2013, Great Shingle Creek Cleanup and EarthFest. She encouraged qualified residents to take advantage of the Brooklyn Center Fire Department's program to provide free smoke alarms/carbon monoxide detectors. Councilmember Myszkowski reported on her attendance at the following: 04/08/13 -9- DRAFT •April 1, 2013, Forum on Social Security •April 1, 2013, Brooklyns Youth Council •April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat •April 8, 2013, tour of apartments next door to The Crest Councilmember Lawrence-Anderson reported on her attendance at the following: •March 26, 2013, spoke to Driver's Education Classes at Coon Rapids High School •March 28, 2013, Brooklyn Center Business Association Luncheon •April 1, 2013, Brooklyn Center Business Association Board Meeting •April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat •April 8, 2013, volunteered at ARC Councilmember Lawrence-Anderson stated on April 9, 2013, she will be speaking at the Brooklyn Center High School Civics Class and during EarthFest, she will be hosting a booth for Life Source and also working at the Brooklyn Center Business Association booth. Councilmember Lawrence-Anderson stated she will be attending the April 17, 2013, Police Awards Ceremony. Mayor Willson reported on his attendance at the following: •April 2, 2013, Dangerous Dog Hearing •April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat •April 8, 2013, spoke with three Brooklyn Center High School classrooms Mayor Willson encouraged all to attend the April 14, 2013, Firefighter's Pancake Breakfast that is a fundraiser for its Relief Association Fund. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:43 p.m. Motion passed unanimously. 04/08/13 -10- 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 RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 10, 2013 COMMUNITY CENTER — CONSTITUTION HALL RECEPTION A reception and general conversation period was held in Constitution Hall from 6:00 p.m. until 6:30 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Park and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 6:30 p.m. INTRODUCTIONS Mayor Willson welcomed the commissioners and stated appreciation for staff and commissioners. City Manager Curt Boganey welcomed all those in attendance. IN ATTENDANCE Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. City Staff present were City Manager Curt Boganey, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Community Activities, Recreation and Services Director Jim Glasoe, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, and Finance Director Dan Jordet. Commissioners present were Charter Commissioners Mary O'Connor, Myrna Kragness Kauth, Judy Thorbus; Housing Commissioners Judy Thorbus, Kathy Amdahl, and Peggy Lynn; Planning Commissioners Sean Rahn and Randall Christensen; Financial Commissioners Steve Landis, Dan Schueller, Dean Van Der Werf, Patricia Glenn, and Rex Newman; Park and Recreation Commissioners Bud Sorenson, Roger Peterson, Jill Dalton, Thomas Shinnick, and Jerome Witalka. PRESENTATIONS BY CITY COMMISSIONS Financial Commission: Financial Commission Chair Rex Newman provided an overview of the Commission activities. The primary goal is to work with the City Council to develop the budget. The commission recommended an increase in Council salaries. RFP for Audit Services was 04/10/13 1 DRAFT reviewed and recommended to the Council. Other Commission reviews included the 2011 CAFR, 15 year capital plan, and utility rates. Rex Newman also serves as the City representative to the Northwest Suburbs Cable Communications Commission and reported that the Commission will be renewing the franchise agreement this year. Greg Moore retired this year. Channel 12 is a good news source. Housing Commission: Housing Commission Chair Judy Thorbus stated the Commission is looking for additional members to fill two vacancies. The New Neighbor Welcome Program continues to be successful. Delivery of information will start in May weather depending. The program included student volunteers from high school and colleges for community service credits. The Community Gardens was established in Centennial Park in fall of 2012. All 18 plots are rented this year. With Park and Recreation Commission, they will look at possible expansion of community garden plots. A Lion Club partnership resulted in a fence around the gardens. Park and Recreation Commission: Park and Recreation Commission Chair Bud Sorenson provided an overview of Commission activities. The Commission makes recommendations to the City Council. They review the CIP, recreation programs, and have adopted two parks. They also monitor parks and take park tours. A Hennepin County Sports Grant was received to convert a baseball field to soccer. They also reviewed the Community Gardens with the Housing Commission. Centerbrook Golf celebrates the 25 th Anniversary in 2013. No Tobacco Use signs were placed in the parks for areas where youth are often present. The Commission also reviewed the Neighborhood Designations, which were named after local parks. A recycling program for the parks is being piloted this year in certain parks. Discussion has occurred regarding damage to turf when parks are used as staging areas for street improvements. More research is needed on this issue. We are looking at what is important to our residents such as soccer and playground equipment. Also, how can language on park signs be more useful to park patrons. The Commissions also reviewed the Shingle Creek Trail Realignment. Planning Commission: Planning Commission Chair Sean Rahn stated this would be his last presentation as the Chair. He provided an overview of projects the Planning Commission reviewed in 2012. The Commission reviewed 26 applications, 22 approved and 4 withdrawn. Projects included the 3 rd Generation Plan, Brooklyn Boulevard Corridor Study, France Ave Business Park, Luther Honda and Toyota, Maranatha Homes, Taco Bell, Slim's Pizza, Shingle Creek Crossing, and others. Electronic message boards for public and semi-public places in 2013. Charter Commission: Charter Commissioner Mary O'Connor stated that the Commission is working with the City Council regarding the meaning of some areas of the Charter. At this time, the Charter Commission is not proposing any major changes. After the Commission reports, the floor was opened for comments. The City Manager thanked the commissions and liaisons for working cooperatively. He mentioned the Council Retreat and that city goals, mission and measures are being reviewed. 04/10/13 -2 DRAFT The Mayor stated that the Commissions help make the City work. He appreciates the volunteerism. He also thanked the City Manager and staff for all the work they do. Mayor Willson thanked the Chairs for their presentations and everyone for attending. • ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:25 p.m. 04/10/13 3 DRAFT COUNCIL ITEM MEMORANDUM DATE: April 16, 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 22, 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 Dietrick Mechanical Harris Companies Infinity Heating and Air Conditioning Northern Heating & A/C Precision Plumbing Stern Heating and Cooling RENTAL See attached report. 4353 Sequoia Drive, Eagan 909 Montreal Circle, St. Paul 1017 Meadowvvood Drive, Brooklyn Park 9431 Alpine Drive NW, Ramsey 4124 MacKenzie Court NE, St. Michael 34181 180 th Avenue, Red Wing . — Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of/if e for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I —3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 15 ' Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Background: The attached final plat for SHINGLE CREEK CROSSING 3RD ADDITION was developed and would combine 6 existing lots and subdivide into 5 lots. The Brooklyn Center City Council approved the proposed preliminary plat based upon certain conditions (see attached City Council Resolution No. 2013-21). The Brooklyn Center Planning Commission has also reviewed and recommended the SHINGLE CREEK CROSSING 3RD ADDITION final plat (see attached Planning Commission Resolution No. 2013-02). The applicant is now seeking final plat approval from the City Council. The final plat is in general conformance to the approved preliminary plat. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney based on a review of an updated title commitment provided by the applicant (within the past 30 days), conditions as previously approved by the City Council, and any conditions established by Hennepin County and the Minnesota Department of Transportation for recording of the plat documents. Budget Issues: The applicant has paid a final plat application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fees associated with the filing and recording of the final plat. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe, inclusive coninumity that enhances the quality of life fir all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 3 RD ADDITION WHEREAS, the City Council approved the proposed preliminary plat for SHINGLE CREEK CROSSING 3'D ADDITION based on certain conditions as set forth in the City Council Resolution No. 2013-21 and WHEREAS, the applicant has applied for approval of the final plat for SHINGLE CREEK CROSSING 3 RD ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for SHINGLE CREEK CROSSING 3 RD ADDITION is hereby approved, subject to the following conditions: 1.Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with City Council Resolution No. 2013-21. 2.Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2013-02. 3.All recommendations and conditions as noted in the City Engineer's final plat review memorandum dated January 11, 2013. 4.Evidence of title satisfactory to the City Attorney and City Engineer. 5.Any other conditions as established by Hennepin County for recording of said Final Plat. 6.Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. April 22, 2013 Date ATTEST: Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. adoption: Member Carol Kievan introduced the following resolution and moved its RESOLUTION NO. 2013-21 RESOLUTION. REGARDING RECOMMENDED . . DISPOSITION OF PLANNING COMMISSION APPLICATION.NO . 2013-002 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN - DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK. CROSSING 3rd ADDITION - WHEREAS, Planning Commission Application No. 2013-002 submitted by Loren Van Der Slik, On behalf of Gatlin Development Company, requesting approval of a Preliminary Plat Of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, which is a replat of six (6) lots into five (5) newly reconfigured lots, generally located within the Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on January 17, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the prelirniriary plat of • SHINGLE CREEK CROSSING 3rd ADDITION, which were redeived and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-002, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2013-002 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, be approved based upon the following conditions: 1.The Developer will submit under PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2.The Developer must submit an updated Preliminary Plat, which is consistent with and conforms to the approved Shingle Creek Crossing - Amendment No. 1 Master Plan. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. RESOLUTION NO. 2013 -21 4.If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval and future final plat consideration by the City Council, the Preliminary Plat land Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5.The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 1,1, 2013 must be addressed or complied with as part of any final plat approvals. 6. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 7.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 8.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-002 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDITION, be approved based upon the those same conditions memorialized herein. January 28, 2013 Date ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted. against the same: none; whereuPon said resolution was declared duly passed and adopted. Commissioner Parks introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-02 RESOLUTION REGARDING A RECOMMENDATION OF APPROVAL OF THE FINAL PLAT OF SHINGLE CREEK CROSSING 3rd ADDITION LOCATED WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT SITE AS SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY WHEREAS, Planning Application No. 2013-002 was submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 3rd ADDFFION, which is a replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on January 17, 2013, whereby the Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION was given due consideration, a staff report was presented, a public hearing was opened to allow for public testimony regarding the preliminary-plat, and the Planning Commission subsequently adopted Planning Commission Resolution No 2013-01, which recommended the City Council approve said Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION and; WHEREAS, the City Council, at its January 28, 2013 meeting also considered Application No. 2013-002 and received the recommendation made by the Planning Commission, and in light of all testimony received and affirmed the Planning Commission's recommendation, and adopted City Resolution No. 2013-21 , which approved the Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION, subject to the following considerations: 1.The Developer will submit for the upcoming PUD Amendment No. 4 an updated and overall master plan for the site which includes all new or proposed lot line changes, building configurations, parking plan layouts, landscaping, and other relevant plan updates. 2.The Developer must submit an updated Preliminary Plat, which is consistent with and conforms to the approved Shingle Creek Crossing — AmendmentNo. 1 Master Plan. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. 4.If the preliminary plat and/or final plat noted herein undergo any significant changes or revisions between this preliminary plat approval 1 of 3 and future final plat consideration by the City Council, the .Preliminary Plat [and Final Plat] will be sent back to the Planning Commission for additional review and consideration. 5.The recommendations and conditions as noted in the City Engineer's review memorandum, dated January 11, 2013 must be addressed or complied with as part of any final plat approvals. 6.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances, 8. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). AND NOW WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company, has submitted an application for the FINAL PLAT of SHINGLE CREEK CROSSING 3rd ADDITION, which remains the replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, and WHEREAS, the Planning Commission considered the Final Plat of SHINGLE CREEK CROSSING 3rd ADDITION at the April 11, 2013 meeting, at which time a staff memorandum and supporting documentation of said final plat was presented; and WHEREAS, the Planning Commission determined during its review that said final plat to be in general conformance with the approved Preliminary Plat of SHINGLE CREEK CROSSING 3rd ADDITION, that the original recommendation to readjust the lot line between proposed Lots 3 and 4 of this plat is rescinded; that all other conditions have been or will be met by the Applicant prior to release by the City of the final plat for recording purposes; and the final plat is in general conformance with City Code Chapter 15 — Platting. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council of the City of Brooklyn Center, that the Final Plat of SHINGLE CREEK CROSSING 3rd ADDITION, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, be approved, that all conditions noted under City Resolution 2013-01 remain in effect and subject to completion by the Applicant April 11, 2013 Date Chair 2 of 3 ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Christensen. and upon vote being taken thereon, the folloWing voted in favor thereof: Chair Rahn, Commissioners Burfeind, Christensen, Morgan, Parks and Sehonning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 of 3 R.T. DOC. NO. 1 6. MAC NAIL C17 90 /0'04 ,,,C) 49. 72 -':: I 5 / Cr■i---/ 4 i,41 ...,%•A ,•-• ,41 , /P96'u 57-<,5., 146,..c— / 22440 , /..... 6,, 1 ,..,.`1 . A/ 0-= A - :3 PAS , CS A)oA)• VO, 10944,,A,A.14,... .3..e.,..„4 I.1166.6) A r--1-0/-1)7-1 A A / / V/ L: II L./ L. / 1 -1-C.) A A,:"17" A r-• Ai-11 v....)// SzISS LAKE ROAD SHINGLE SCREEK CROSSING 3RD ADDITION (CO.A-,0,1 S894354 "E 449.38 1- 4. 1 __ Ab, NI 4 `38/107.3 4"W5- ---527 049'0'E • --- 4349 L=36. IIR=51500 .,1= 401'02"01'02" C=36.10 BRG.---,S73 °35'22 "W 100 0 100 200 SCALE . IN FEET ity 4, 48.29 ---- ---o DENOTES IRON MONUMENT SET, MARKED WITH PLS 15480 •DENOTES IRON MONUMENT FOUND MARKED WITH PLS 15480, UNLESS OTHERWISE SHOWN. FOR THE PURPOSES OF THIS PLAT, THE WEST LINE OF SECTION 2, TOWNSHIP 118, RANGE 21 IS ASSUMED TO HAVE A BEARING OF NOI *0635E. 0 26 58' 14 0 -0 .•••••56197.2,0thrg-'1v) .41 cq\$E CORNER OF SEC. 4 E. 114 R. 21 d. -- SW CORNER OF550 2, T. 115 R. 21FUND HENNIVEPIN COUNTYCASA' IRON MONCIA1ENY 1-7 Avir, L-•If S UNDE .D SURVEYING 4)C1' SHEET 2 OF 2 SHEETS SHINGLE CREEK CROSSING 3RD ADDITION R.T. DOC. NO. KNOW ALL PERSONS BY THESE PRESENTS: That Shingle Creek, LLC, a Delaware limited liability company, owner and proprietor of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lots 2, 3, 5, 7, 8 and 9, Block 1, all in SHINGLE CREEK CROSSING, Has caused the some to be surveyed and platted as SHINGLE CREEK CROSSING 3RD ADDITION and does hereby dedicate to the public, for public use forever, the drainage and utility easements as shown on said plat. In witness whereof said Shingle Creek, LLC, a Delaware limited liability company, has caused these presents to be signed by Its proper officer this _ day of , 20....... Signed: Shingle Creek, LLC, a Delaware limited liability company By: Shingle Creek MM, Inc., a Delaware corporation; Ito Managing Member SIGNED- its Sole Regular Director Franklin C. Gatlin III BROOKLYN CENTER, MINNESOTA This plat of SHINGLE CREEK CROSSING 3RD ADDITION was approved and accepted by the City Council of Brooklyn Center, Minnesota, at a regular meeting thereof held this day of 20 . If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03. Subd. 2. CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA BY- Mayor BY: Manager TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota STATE OF COUNTY OF I hereby certify that taxes payable in 20_ and prior years have been paid for land described on this Plat, dated this doy of , 20 . The foregoing instrument was acknowledged before me this _ day of , 20___, by Franklin C. Gatlin III the Sole Regular Director of Shingle Creek MM, Inc., a Delaware corporation, as Managing Member of Shingle Creek, LLC, a Delaware limited liability company, on behalf of said company. Mark V. Chapin, Hennepin County Auditor BY- - Deputy Julie K. Passalaqua Notary Public, County, My Commission Expires: September 24, 2013 SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes, Sec. 3838.565 (1969), this plat has been approved this ____ day of I, Mork S. Hanson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly , 20... Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the dote of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. William P. Brown, Hennepin County Surveyor BY: Dated this _ day of 20 REGISTRAR OF TITLES, Hennepin County, Minnesota Mark S. Hanson, Licensed Land Surveyor Minnesota License No. 15480 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on this day of 20 by Mark S. Hanson. I hereby certify that the within plot of SHINGLE CREEK CROSSING 3RD ADDITION was filed in this office this ___ day of , 20 at o'clock Rachel Smith, Acting Registrar of Titles BY: Deputy Notary Public County, Minnesota My Commission Expires LSAND SURVEYING SHEET 1 OF 2 SHEETS City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SEAN RAHN FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Sean Rahn was appointed as a member of the Planning Commission on July 13, 1998, and then was elected to serve as Chairperson from January 11, 2007, until his resignation on March 31, 2013; and WHEREAS, Sean Rahn has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, his leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Sean Rahn is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. April 22, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: April 16, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 50- SUBJECT: Proclamation Declaring May 19-25, 2013 Public Works Week in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 19- 25, 2013 as Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. In 2013, we celebrate the contributions of public works professionals as well as the communities they serve. The Public Works Department employees 37 full time and 19 seasonal employees in the six divisions of the Department—Engineering, Street Maintenance, Parks Maintenance, Public Utilities, Capital Building Maintenance and the Central Garage. All divisions work together as a team to provide high-quality service for people who live, work, and visit Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that significant efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Ongoing: 5. We will ensure the City drinking water is high quality and that the storm water is properly managed Mission: Ensuring an attractive, clean, safe, inclusive conznutnity that enhances the quality of life for all people and preserves the public trust PROCLAMATION DECLARING MAY 19-25, 2013 PUBLIC WORKS WEEK IN BROOKLYN CENTER WHEREAS, WHEREAS, WHEREAS, WHEREAS, public works services provided in our community are an integral part ofour citizens' everyday lives; and the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks, capital building maintenance and central vehicle fleet maintenance; and the health, safety, and comfort of this community greatly depends on these facilities and services; and the quality and effectiveness of these facilities as well as their planning, design, and construction is vitally dependent upon the efforts and skill ofpublic works personnel; 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 May 19-25, 2013 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, comfort, and quality of life. April 22, 2013 Date Mayor Council Members ATTEST.. City Clerk City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: April 16, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer ..5 -0 SUBJECT: A Resolution Vacating Certain Easements within Lots 2, 3, 6, 7, 8, and 9, Block 1, SHINGLE CREEK CROSSING, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the site redevelopment in connection with the final plat approval of SHINGLE CREEK CROSSING 3 RD ADDITION. Background: The Planning Commission has recommended approval for the final plat for SHINGLE CREEK CROSSING 3 RD ADDITION. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: • All publicly dedicated drainage and utility easements as shown on Lots 2, 3, 6, 7, 8, and 9, Block 1, Shingle Creek Crossing, Hennepin County, Minnesota, and as depicted in the attached Exhibit As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. All areas that need to retain permanent easement rights have been fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacations. The attached exhibit outlines the release and termination of easements and shows the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources _ - Mission: Ensuring an attractive, clean, sttfe, 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 VACATING CERTAIN EASEMENTS WITHIN LOTS 2, 3, 6, 7, 8, AND 9, BLOCK 1, SHINGLE CREEK CROSSING, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City Council has recommended approval for the preliminary plat for SHINGLE CREEK CROSSING 3 RD ADDITION based on certain conditions as set forth in the City Council Resolution No. 2013-21; and WHEREAS, the Planning Commission has recommended approval for the final plat for SHINGLE CREEK CROSSING 3 RD ADDITION; and WHEREAS, certain existing easements on existing properties are either no longer needed, or are being replaced by new easements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING 3 RD ADDITION; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": All publicly dedicated drainage and utility easements as shown on Lots 2, 3, 6, 7, 8, and 9, Block 1, Shingle Creek Crossing, Hennepin County, Minnesota, and as depicted in the attached Exhibit Al; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed, once the plat of SHINGLE CREEK CROSSING 3'D ADDITION is recorded and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit. 2.The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided that this resolution will only take effect upon the release, filing and recording of the final plat of SHINGLE CREEK CROSSING 3 RD ADDITION. RESOLUTION NO. April 22, 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. a Z _22 0)0 a F o ,o N _i 0_ > 0 0 ,-.. Z ,.r. C) n 3 1 ,_-_,-, (f) 0,)LU _, ., c 0 0 — 0 Z o .5.T3. ',,,_0 E — --- 00 0 ,F: m 0 , c "-°2 < o o o a) LI -C a i f--. 0 >-, m ,,...-< —, m ,z,c0 > I— D -0 in0 -o (I) {1.1 z:1_ g 2 6Ld ci 103 00 11 900 9101/91/0 E.P•onAi.,°.-coozeovooloz \.5 .cAzeot'ooloz\ot ,00loz\oloz\ :N ( City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: April 22, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 14AAT0-1,k_ SUBJECT: Type IV 6-Month Provisional Rental License for 5949 York 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 5949 York 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 11 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-18-2012 01-16-2013 02-19-2013 02-19-2013 The Owner, Orrin Hager, applied for renewal of the rental dwelling license for 5949 York Ave N, a single family dwelling. An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed and passed with weather for repair or replacement of the accessory structure. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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, completibn of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The previous rental license expired. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held April 22, 2013. 03-06-2013 03-22-2013 03-22-2013 03-31-2013 04-03-2013 04-12-2013 If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: 'Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 Unifonn Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1No Category Impact 1-2 uifits 5 or more units 0-0.25 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0 50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: -We will ensure a safe and secure community -We will:stabilize and improve residential neighborhoods Attachment - Mitigation Nan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for oil people and preserves the public trust City of Brooklyn Center ) 6301 Shingle Creek Parkway ,-.412 Brooklyn Center, MN 55430-2199 Phone: 763-5693300 TTY 721MAR 22 2013 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 filMble form on CYO website. Section A— Property Information Property Address: 5949 York Ave : • -OwnerName O rrin & Ha Hager Local Agent Owner Address: 2741 Yosemite Ave S Agent Address: Owner Phone: 952-929-1453 Agent Phone: Owner Email: ohager@corricastnet Agent Email: Rental License: I I New I Renewal: Current *Pending (Six months License Expiration Date: W-3 t - I a lwr- Type IV License F,xp. Date: q —1 v *- ( 1 ir4-- from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualities 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 ongoinn compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B—: Required Documents Submit the following documents with the Mitigation Plan for approval: Ii Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 • Copy of Lease including Minnesota Crime Free Housing Lease Addendum I 3. Submit written report by 10'1' of each month (after license approval). 1 i I 1 I.I 1 1 Section C— Crime Free Housing Program Requirements e I 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 3 Pursue the eviction of tenants who violate the tenns of the lease or any addendums. I i I I 1 Page 1 Type IV Mitigation Plan Rev 11-16-11 I i 1 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled:Date Course Completed: 8/26110 or Phase II improvements recommended by the to be completed by: 5 /411 3 1 I Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 414113 - 1:00Pm Improvements Phase HI (two). & 7/11/13 I i Hill attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 018/13 Do these two meeting dates occur before the *Pending (*Sec Section 4) If no, you will only be able to qualify I 1 II will have no repeat code violations previously documented Type IV License expiration for a Type IV Rental within the past year. crime prevention techniques. date? WYes 111 No License upon renewal. For properties with four or more twits: I 1 training that includeswill conduct resident annually I will hold regular resident meetings, ,-,Seet,iott D — Long Tenn :Capital IMpOtelilPlits PI,4 11 _ eavgi Based on condition and age, estimated replacement dates are provided for common caplal 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-May 2011 2041 Water Heater-2021 Kitchen Appliances-May 2011 2021 Laundry Appliances-2018 Exterior -Paint/Siding, fascia, trim 2018 -Windows 2025 -Roof 2023 -Fence NA -Shed 2012 2017 -Garage 2028 -Driveway 2025 -Sidewalks 2028 Smoke Alarms & Carbon Monoxide Alarms 2018 Other(s) Section E — Steps to Improve Mtinagena ent lintLConditioilS Implementing the following best practices may assist in the Bchecking the boxes below, you agree to:E i , 1. Check in with tenants every 30 days. Of Property management of your property. month.11 i I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. 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, tines, penalties and other financial claims due to the City.1171 9. Other(s):We're very responsive to tenant requests & keep the house In good condition and clean, e.g., we paid for duct cleargrog last year 111 1 Owner or Agent Name and Title (Please P int) ..- Owner or Agent Signature Ha Hager, Owner Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I O 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. Orrin Hager, Owner Additional Owner or Agent Name and Title ('f - applicable) (Please Print) Additional Owner or Age Signature (if applicable) Police Department /Title if 1. ommunity Standards Department / Title Date Id Date Page 3 Type N Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: April 22, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk atalAk Vrnal\k_ SUBJECT: Type IV 6-Month Provisional Rental License for 5712 Logan 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 5712 Logan 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 12 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: 12-12-2012 01-10-2013 02-21-2013 02-21-2013 The Owner, Dwayne Meier, applied for renewal of the rental dwelling license for 5712 Logan Ave N, a single family dwelling. An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed with weather deferral for exterior painting. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The previous rental license expired. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held April 22, 2013. 03-06-2013 03-22-2013 03-25-2013 03-31-2013 04-03-2013 04-12-2013 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 team of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive conununi(y that enhances the quality of life for all people and preserves the 'Mille 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 defmed 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 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 I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, WIN 55430-2199 Phone: 763-569.3300 TTY 711 www,cityofbrooklyncenter.org Fox: 763-569-3360 111111111111111111•11111111111.1111111111=11111111EMM1k.V.74.41‘,x,.v=.t1:..._, • , Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or usefillahle firm MI City website. Sti...(3*.,A-P roperty' nfOfinitiOn'.:-.-:: . •,,;.N.;:y.: '2 , ''' , ' 7 .,. :.; v•,;', ,, • k::: • ' .: , i •-;1, Property Address:5712 Logan Ave North Owner Name: Dwayne Meier Local Agent: Owner Address: 300 Hwy 169 9.4360, St Louts Park, Mn 66426 Agent Address:. Owner Phone:612_750_7731 Agent Phone: Owner Email: drneier@agrexinc.com Agent Email: Rental License: L New 11 Renewal: Current *Pending (Six months License Expiration Date: 331 '13 Type IV License Exp. Date: 9 -8 °43 from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your lieease 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 itnnediately 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 opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B — Reciuired DocumentS' Submit the following documents with the Mitigation Plan for approval: I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.01 I li 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). Seeildif: Piiigiiiiiiiite'citiireinelitS, - [ril e, I . Use written lease including Crime Free I lousing Lease Addendum.r71 2. Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested, 3 Pursue the eviction of tenants who violate the terms or the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 (4. Attend City approved eight hour Crime Free Housing course. • Date Course Completed: 11 -03-07 or Date Course Scheduled: Phase II I Complete Security Assessment and implement till security improvements recommended by the Brooklyn Center Police Department. kr .3 itliii l'1.- T-604"-€041e1/11/e11Date Scheduled Improvements to be completed by: Phase III 1 I I I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: mu), 9 asthour & May 92nd hour Do these two meeting dates oceur before the *Pending 7)pe IF License expiration date?111 Yes (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. II No I Ii will have no repeat code vielations previously documented Within the post year. Por properties with four or more units: I includeswill conduct resident training annually that crime prevention techniques. I I will hold regular resident meetings. . Section D — Long Term Capital Improvements Plan I i Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated placement date will require earlier corrections. — Date Last Replaced Estimated Replacement Date Furnace/AC-unknown 2020 Water Heater-2008 2018 Kitchen Appliances-2006 2010 Laundry Appliances-2006 2010 ExteriOr -Paint/Siding, fascia, trim 2008 2013 -Windows 2010 2020 -Roof 2001 2021 -Fence 2000 2010 -Shed unknown 2020 -Garage no garage no -Driveway unknown 2020 -Sidewalks unknown 2090 Smoke Alarms & Carbon Monoxide Alarms 2012 2014 Other(s) 8eitio. ii t — Ste* tO .Impiove-Wriarieiiiialfd .tiiiiisiiiiiitP1*.ii6i' Implementing the following best practices may assist in the management of your property. By eh king the boxes below, you agree to: I. Cheek in with tenants every 30 days. I 1 I 2. Drive by property to cheek for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Evict tenants in violation of the lease and all addendums. Pr.:Wide lawn/snow service. Provide garbage service. Install security system. Northside Appliance, Crystal7. Provide maintenance service Plan for appliances. Name olservice 8. I am and Will remain current on payment of utility fees, taxes, assess ments, fines, penalties and other financial claims due to the City. 9. Other(s): 3 4. I 5. I=1 6. 0 I f?_ Date 1,.: t I I, tts. Police Department / Title C nullity Standards Department / Title Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10111 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 811 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. Dwayne Meier Owner or Agent Name and Title (Please Print) 3-20-13 Owner or Agent Signature . Date. Additional Owner or Agent Name and Title (if app//cab! e) (please Print) Additional Owner or Agent Signature (if applicable) t)ate Page 3 Type IV Mitigation Plan Rey 11-16-11 City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: April 11, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkkh SUBJECT: Type IV 6-Month Provisional Rental License for 6724 France 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 6724 France 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 13 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-06-2012 11-16-2012 12-04-2012 12-10-2012 12-10-2012 12-14-2012 01-03-2013 The Owner, Jessica Stoll, applied for an initial rental dwelling license for 6724 France Ave N, a single-family residential property. An initial rental inspection was conducted. (13 property code violations were cited, see attached rental criteria.) A follow up inspection was conducted and failed. A second follow up inspection was conducted and failed. $100 in reinspection fees were applied to the property. The rental inspection was conducted and passed. The $100 reinspection fee was paid. 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 01-31-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2013 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. 03-08-2013 A Mitigation Plan was submitted. 04-03-2013 Mitigation Plan was finalized 04-12-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 22, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust - 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). 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 _ Pnrsuo the_eyiction of tenants who violatetho toms of the lease or any_aciciondtuns. I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone.. 763-569-3300 TTY 711 Fax: 763-569-3360 www,cityofbrooklyncentertorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fit/able 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 dilly 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 I i I 4. Attend City approved eight hour Crime Free Housing course, or Date Course Scheduled:0087/2013 In ADokaDate Course Completed: Phase II •security improvements recommended to be completed by: by the 44 e.ter y,),.. 44—. 4.04.844 " Nf Complete Security Assessment and implement all Brooklyn Center Police Department. Date Scheduled: 03/18 /2013 at 0330 Improvements Phase III (two). '3 - • a iynx kr 12- . . - . •I / II will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 0109/2013 Do these two meeting dates occur before the *Pending (*See Section 4) If no, you will only be able to qualify Type IT/License expiration for a Type IV Rental within the past year. crime prevention techniques. . date? 1111 "Yes ID No License -upon renewal, I, 14 I I will have no repeat documentedcode violations previously For properties with four or more units: I I will conduct resident training annually that includesII 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-2000's 2020 Water Heater-2010 2030 Kitchen Appliances- stove, WM dahwather 2006,2013,2013 2030 Laundry Appliances- washer, dryer 2011,1995 2030 Exterior -Paint/Siding, fascia, trim SiUCCO am WICK nla ilia -Windows 2000's 2030 -Roof 2008 2030 -Fence 2000's 2030 -Shed nose nla -Garage ilia We -Driveway (Ye We -Sidewalks co"MI n/a Smoke Alarms & Carbon Monoxide Alarms 2013 2020 'Other s)- --,---.-i..,-„-_a 3 - - "-, i are Rita at 414-PYRifirif.Mri, ' gilliat,---,-- ';::::-..z:71,, a_. .;-.1-Lit7M-ZOk Lmplementing the following best practices may assist In the By checking the boxes below, you agree to: management of your property. I Check in with tenants every 30 days. 2.--Drive_by.property.to eheck.fortviolations_twicca.month Page 2 Type IV Mitigation Plan Rev 11-16-11 For City The—Mitigation Plan Approved By: 3 Date 7 40 DateBa' ding am ity Standards Department / Title 171 3 Evict tenants in violation of the lease and all siddendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system,to be determined7.Provide maintenance service plan for appliances. Name of service co.: 111 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Jessica J Stoll LIA A _ • `11*-0 Agent Signature Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature Of applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10d Curt Boganey, City Manager Sharon Knutson, City Clerk g_,KmAtir,v(_ DATE: April 22, 2013 TO: FROM: COUNCIL ITEM MEMORANDUM SUBJECT: Type IV 6-Month Provisional Rental License for 5321 Fremont 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 5321 Fremont 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 III rental license. This property qualifies for a Type IV provisional rental license based on 12 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 infolination. The following is a brief history of the license process actions: 10-12-2012 The Owner, Larry Norals, applied for renewal of the rental dwelling license for 5321 Fremont Ave N, a single family dwelling. 11-02-2012 An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. 12-04-2012 A second rental inspection was conducted and failed. 12-21-2012 A follow up inspection was conducted and failed. The property was applied $100 in reinspection fees. 12-3 1-20 12 A follow up inspection was conducted and passed. The $100 reinspection fee was paid. 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 records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized The previous rental license expired. A letter was sent to the owner notifying that the hearing before the Council will be held April 22, 2013. 12-31-2012 01-07-2013 01-18-2013 01-18-2013 01-22-2013 01-31-2013 04-16-2013 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 Mission: Ensuring an attractive, clean, safe, inclusive conumniO , that enhances the quality of life for al I' people and preserves the public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more unitsGreater than 0.50 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 till people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway 'Brooklyn Center, MN 55430-2199 Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be aeceptelL Please type or use finable form on City website. Section A-- Property Information Property Address: 5321 Fremont Ave. N Broolkyn Center MN 55430 Owner Name: Larry Norals Local Agent: „la __ _ _mes Sims/Linda Coleman Owner Address: 8791 AllisonDr Westrninter, CO 80005 Agent Address: 16126 Fairgreen Rosemount, MN 55068 Owner Phone: 7632272301 Agent Phone: 6129866460 or 612 -598 -5417 Owner Email: Irrynorals@aol.coni Agent Email: jsjsims@aol.corn Rental I icense: I I New IRI Renewal: Current *Pending Six months License Expiration Date: 1131 /2013 Type IV License Exp. Date: 6 /31 /2013 rote current license ex . iration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B— Required 1floCuments Submit the following documents with the Mitigation Plan for approval: 1 i 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.I i II 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 1 I 3. Submit written report by lO th of each month (after license approval). Section C — Crime Free Housing Program Requirements Phar I I V I I. Use written lease including Crime Free Housing Lease Addendum.I / I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Bev 11-16-11 JAN 18 213 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenterorg 177i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 1 /2312013 & May 9,2013 Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center police Department. Date Scheduled: c? Improvments to be corn le e . 11/2013 —126/ Phase HI 1 I I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: MGrch 4,20l3 Do these two meeting dates occur before the *Pending Type IV License expiration date? RI Yes 11 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. LI I I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated Date Last Replaced Estimated Replacement Date Furnace/AC-2000 2023 Water Heater-2005 2025 Kitchen Appliances-1997 2004 2018 2024Laundry Appliances- Exterior -Paint/Siding, fascia trim 2006 2029 2006 2019 -Windows 2006 2019 -Roof ' 2003 2025 -Fence 2007 2027 -Shed na as -Garage 2005 2035 -Driveway 2003 2023 -Sidewalks Os na Smoke Alarms & Carbon Monoxide Alarms 2011 2015 Other(s) Section E Steps tabnprove Management and Conditions of Pro Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1 Check in with tenants every 30 days.II I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Owner or Agent Name and Title (Please Print) 1/14/2013 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. I 1 IEM 6 Install security system. 7. Provide maintenance service plan for appliances. Name of service ervice Plusce co,: II 1 I I 8. lain and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. [71 9. Other(s); Please read thoroughly: If the Type IN/ 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 51 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. Larry Norals , Owner Owner or Agent Si attire Date James Sims, Agent/ Linda Colman, Agent Additional Owner or Agent Name and Title of applicable) (Please Print) Additional Owner or Agent Signature of applicable) Date t- Pati Arrrod Poll Department/Title ■„4*, , • teigh oildit Nib ommurity Standards Department /Title Page 3 Type 1V Mitigation Plan Rev 11-16-11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 22, 2013 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Debt Plans for 2013, 2014, and 2015 Fiscal Years PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Retreat Follow Up a.Values and Mission b.Key Performance Indicators 2. BC University 3.Assessment Hearing Policy 4.Strategic Plan Annual Report 5.2013 Legislative Issues 6.Highway 100 Bridge at Brooklyn Boulevard Re-decking Project — May or June MEMORANDUM - COUNCIL WORK SESSION DATE: 18 April 2013 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Debt Issuance for Street Reconstruction Recommendation: This memorandum is for information purposes. It presages a request later in the fiscal year to issue up to $ 3,300,000 in General Obligation Improvement Bonds on a ten year repayment schedule.. Background: The Street Reconstruction Fund was originally developed to account for the receipt and spending of franchise fees collected from Xcel Energy for electricity and CenterPoint Energy for natural gas services to Brooklyn Center customers. The proceeds from these fees were segregated into an account which would provide funding for the street maintenance and reconstruction projects underway in the City. The first projection of cash flows for this fund was developed in 2004. That first projection was for a period of six years, through 2009. At that time it was projected that the Fund would need additional cash by the 2009 construction season. When the cash flow was stretched to a fifteen year projection which would take it through the first round of street reconstruction projects for the City (developed in 2007) the Street Reconstruction Fund showed cash deficits beginning in 2011 and increasing through 2021. As project costs were reviewed in subsequent years, costs grew significantly for the portions of street reconstruction and repair required from the Street Reconstruction Fund. In the most recent Capital Improvement Program estimates, the 15 year need has risen from $12,200,000 in the 2011 Plan to more than $ 19,500,000 in the 2013 Plan. Further increases are being contemplated for implementation of a Pavement Management Study by the Public Works Department beginning as early as 2016. The franchise fees are programmed by contractual agreement to increase every three years by no more than 3% for each tri-annual increase. Therefore, the amount to be generated by franchise fees can be reliably predicted. It is not enough to provide cash for all of the construction and maintenance needs of the Fund. During development of the 2013 budget, a debt management plan was discussed as a possible solution to this situation. In order for such a plan to be effective it must begin in 2013. The first of multiple bond issues must be sold by November 2013. - - Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION On Monday evening, April 22, 2013, I would like to review with you and the City Council the cash flows of the Street Reconstruction Fund and present a possible plan of action for dealing with the financing of street reconstruction and repair projects through this fund. I would also like to lay out the next steps for proceeding with this plan so that you and the Council may consider these in advance of coming to the Council for approval of future actions. Budget Issues: The budget issues in this situation involve the timing of cash flows and incurring debt. The issues stretch over four different issues and repayment periods of ten years for each issue; a total of 16 years of debt payments. This budget issues would have to be reviewed each year and be adjusted if the need for change is demonstrated and accepted by the City Council. Mission: Ensuring -an attractive, clean, safe community that enhances the quality of life and preserves the public trust