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2013 05-13 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION May 13, 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 May 13, 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 22, 2013 — Study Session 2.April 22, 2013 — Regular Session 3. April 29, 2013 — Board of Appeal and Equalization b. Licenses c.Resolution Establishing Fee for Brewer Taproom License d.Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements e. Approval of Joint Work Session Meetings with the Financial Commission f. Approval of Site Performance Guarantee Release for 6545 West River Road (SuperAmerica) CITY COUNCIL AGENDA -2- May 13, 2013 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Appreciation to CenterPoint Energy for a $1,650 Community Partnership Grant Award Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None. 9.Planning Commission Items a. An Ordinance Amending Chapter 34 and Chapter 35 of the City Code of Ordinances Regarding the Allowance of Dynamic Message Signs (DMS) to Public Places and Uses and Adding New Definitions of Public Uses Requested Council Action: —Motion to approve first reading and set second reading and public hearing on June 10, 2013. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 3401-3413 47th Avenue North (Ryan Lake Apartments) 1. Resolution Approving a Type IV Rental License for 3401-3413 47th Avenue North (Ryan Lake Apartments) Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. b.Consideration of Type IV 6-Month Provisional Rental License for 6331-6401- 6425 Beard Avenue North 1. Resolution Approving a Type IV Rental License for 6331-6401-6425 Beard Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 13, 2013 c. Consideration of Type IV 6-Month Provisional Rental License for 6343 Dupont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. d. Consideration of Type IV 6-Month Provisional Rental License for 7189 Unity 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. e.Consideration of Type IV 6-Month Provisional Rental License for 6807 Humboldt Avenue North, C101 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. f.Consideration of Type IV 6-Month Provisional Rental License for 6819 Humboldt Avenue North, A101 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. g. Consideration of Type IV 6-Month Provisional Rental License for 6819 Humboldt Avenue North, A102 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -4- May 13, 2013 h. Consideration of Type IV 6-Month Provisional Rental License for 6819 Humboldt Avenue North, A104 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. Consideration of Type IV 6-Month Provisional Rental License for 6819 Humboldt Avenue North, A201 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. Consideration of Type IV 6-Month Provisional Rental License for 6819 Humboldt Avenue North, A203 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. k. Consideration of Type IV 6-Month Provisional Rental License for 7143 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. Consideration of Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 Wednesday, May 15 th, 2013 To the attention of The Members of the Brooklyn Center Town Council Grievance from: Mrs. Betty Dudley 6510 Brooklyn Boulevard Brooklyn Center, MN 55429 Tel: (763) 498 4832 Grievance: I am being charged by the Assessor's office an administrative fine of $3,040.00 (SA Nbr. 18160A ) without clear justification that I do not believe I should be charged. I have complied in the past with all the requirements asked from me, paid, and they have been closed. I do not refuse to pay this amount but I do not believe I owe it to the city. Please consider my case and have the Assessor's office review it and send a correction the Hennepin Property Tax Services (my taxes are due on May 15 th , 2013). Trusting you will grant me the request and give ma a quick response, please receive the expression of my deepest thanks. Betty Dud(e PS: Copy of the document referred to is attached. Should you need more information, please let me know. cs co csco c, c,cr .) O00000)9 'GS -;; ta..■ v-■ NZ a.) 'rat N 000"71- 0 0 cs kri 0 O(.o ,—, kr) co69 GS 49 ^c'9 0 0 0 00000co co o c,0 000 CO FE: N 0N 00 00 ■0 —'000000N N 00 •-■••1 cct o ;-,. . a) 1 = -4a'7:1cu c.r) „ en ›,"0 ae *0 1 -et .-W Uct ,-.0 o Z `g 4.. (-;1 o a.) cr` PC4 ,, .rz Pio tr) v) 0 0 N 0 0 0C> 'I' 0 0 cocr■69 GS 69 69 69 49 5 > NNNN 1NNNC9CI CD ■-1 1•■•1 a) CZ: ^o 00 C.>0 fr■I 0001 0 U Zatl I 'cl ..g o c, >I-:" c.> •-■ceu' r4 4 ) cz 0 Z ul 4 L., In ▪ L., 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 22, 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 Mayor Willson requested discussion on Item 10a, Consideration of Type IV 6-Month Provisional Rental License for 5949 York Avenue North, in particular the property owner's address. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning responded the owner lives in St. Louis Park. Councilmember Lawrence-Anderson requested discussion on Item 10a, Consideration of Type IV 6-Month Provisional Rental License for 5949 York Avenue North, in particular why the Phase II security assessment is not checked off. Ms. Schleuning explained the applicant may have forgotten to check that item but it will be required regardless. MISCELLANEOUS Brooklyn Center Prayer Breakfast Councilmember Ryan stated he was contacted by the minister organizing the Brooklyn Center Prayer Breakfast who requested the City's proclamation this week so it can be included in that program. City Manager Curt Boganey stated he will follow up on that request. Cars Parked on Street during Snow Plowing Councilmember Myszkowski stated she was approached about the number of cars parked on the street that prevented snow plows from clearing the snow. Mr. Boganey indicated that overnight parking is prohibited and can be ticketed. 04/22/13 -1- DRAFT Boulevard Turf Damage Councilmember Lawrence-Anderson stated she was contacted by former Councilmember Kay Lasman about the turf along Woodbine and France that was damaged by snow plows. Public Works Director/City Engineer Steve Lillehaug stated it is the City's policy to repair turf damage to boulevards caused by the City's plows and it will be resolved when weather permits. Centerbrook Golf Tournament Councilmember Lawrence-Anderson stated she is collecting sponsorships for the golf tournament. Mayor Willson stated he gave his sponsorship payment to the City Clerk for submittal. Posting of Meetings Councilmember Ryan stated he had received an invitation to the Community Mediation Services 30 th Anniversary Celebration Volunteer Appreciation Dinner and Liberian Nobel Laureate Leymah Gbowee's speaking event. He noted that should more than two Councilmembers be in attendance, those events need to be posted. Mr. Boganey stated those events will be posted. Councilmember Myszkowski's Schedule Councilmember Myszkowski stated she will be out of town next Monday and Tuesday and unable to attend the Board of Appeal and Equalization. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DEBT PLANS FOR 2013, 2014, AND 2015 FISCAL YEARS Mr. Boganey stated during the last budget discussions, a variety of funding scenarios and anticipated deficits in the Street Reconstruction Fund were considered. At that time, the City Council's general consensus was to consider debt as an option for covering those expenses. Based on that direction, staff prepared scenarios based on further analysis. Finance Director Jordet presented an overview of the history of the Street Reconstruction Fund derived from franchise fees negotiated with Xcel Energy and CenterPoint Energy, comprising about $660,000 per year. He explained that the maximum it can increase is 3% once every three years. Due to foreclosures, funding has been lower than anticipated but it is expected to reach $660,000 in 2013. Mr. Jordet stated the Five Year Capital Improvement Plan (CIP) first cash flow protection showed deficits beginning in 2009 and the 15-year CIP first presented for 2006 showed deficits beginning in 2011 so it has been known that funding projects would be a challenge. In addition, project cost increases have driven cash needs from $12.2 million in total program funding to $19.5 million. Mr. Jordet described the option of issuing Government Obligation (GO) Improvement bonds that would provide cash flow while awaiting assessment payments for street reconstruction. He then presented projected repayment schedules should the City issue GO bonds. Mr. Jordet noted there are reserves up to 2019. Mayor Willson stated that the $753,000 needed would equal 2% of the overall levy. 04/22/13 -2- DRAFT Mr. Jordet stated it compares to $720,000 on the police and fire bond levy. He explained that one of the reasons there is room to address this problem with a levy, is that the police and fire bond levy is going off in 2013. That allows the option to replace the levy without a huge impact to taxpayers. Mr. Jordet presented an option for an every other year issue of $2.2 million deriving $2 million in proceeds. He reviewed the cash flow analysis for that option, noting repayment goes over 16 years so the money issued would get the City through the first rebuild of the City's streets. The cash projections through 2028 show it would provide the needed cash. Mr. Jordet stated the police and fire buildings were levied at $720,000 and the basis was estimated market value and spread at a rate of 4.4 mills per dollar of value. If the street reconstruction levy is lower, at $655,000, the basis is tax capacity and calculated at a lower rate of 3.562%. Mr. Jordet stated the City's overall levy is about 71.2%. That means it would be about 4% to 4.5% of the overall levy. If all remains the same (value/general levy/rate) and the only variable is the debt levy, an average residential property ($120,000) would pay $10.05 less, an average commercial property ($875,000) would pay $208.63 more; and, an average industrial property ($1,810,000) would pay $466.34 more. That is because it would be spread on tax capacity instead of estimated market value. Mr. Boganey clarified that the percentages of change identified in the PowerPoint presentation relate to the amount of increase. Mr. Jordet stated the City may be getting an increase in LGA that could be used to reduce debt issuance, which would lower the levy. But if the City then determines to issue debt for other projects, that debt cannot be issued without a referendum. Only improvement debt can be issued without a referendum. Mr. Jordet stated there is a TIF distribution beyond the frozen rate to reduce debt issues of over $100,000 per year. However, if used and cash flow is needed for some other project, the City cannot issue debt to fund it. In addition, LGA and TIF will come to an end or could be reduced so they are unreliable revenue sources and the City may not want to issue ten-year bonds based on those types of revenue streams. Mr. Jordet stated the Council had considered delaying the projects until cash is available, which would not require issuance of debt but would extend the project by six to seven years. Another option is to levy the cash needed for each construction year beyond what is received through the franchise fee. That option would pay off the projects without debt but the disadvantage is that it varies from year to year and would affect the levy. In addition, if there is a levy limitation the City could not increase the levy without a referendum. Councilmember Ryan asked if an advantage to the bonding scenario is that residents can anticipate a levy amount adjusted for the cost of living index but the special assessment would remain constant. Mr. Jordet stated special assessment would be one of the sources of cash for the project. 04/22/13 -3- DRAFT Councilmember Ryan stated the advantage is that it would smooth out the years of projected deficits through the bonding. He noted the community survey showed residents were accepting of the current property tax levels but to increase property tax significantly may be a "tough sell." He indicated levying would have a minimum impact on the tax rates. Mr. Jordet stated the City can replace one levy with another. Councilmember Ryan stated there is also a benefit with lower cost for borrowing. Mr. Jordet agreed and indicated that GO improvement debt is selling at in the 2% range. Councilmember Kleven reviewed the amount that would be collected if assessed. Mr. Jordet stated that is already figured into the cash flows and paying back the bond. He explained that the City has handled assessments in two ways: issue GO bonds for that amount and make payments with collected assessments; and, internally fund the project and keep the 6% interest on assessments. Councilmember Kleven asked if MSA funds can be used. Mr. Jordet stated MSA has been used every year. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:44 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. DEBT PLANS FOR 2013, 2014, AND 2015 FISCAL YEARS — CONTINUED Mayor Willson noted LGA may impact this decision and though it may not be a guaranteed revenue stream, is an option to fund streets without issuing GO bonds and allow this decision to be made in the future. He stated there will be more information in June when this topic is next discussed. Councilmember Kleven asked if this will be addressed by the Financial Commission. Mr. Jordet stated it will be discussed when the Financial Commission meets jointly with the City Council. Councilmember Ryan stated when looking at the bonding scenarios, it is important to keep in mind the City's other capital needs. He noted that while it may be appealing not to incur debt, in 04/22/13 -4- DRAFT principle, the City can smooth out the tax impact to residents and have potential one-time money to address other capital needs. Mr. Jordet stated additional information will be presented in June as well as impacts to those decisions. Mayor Willson stated a concern with GO bond funding is that once used, the City is not able to issue another bond should another priority project come forward. Mr. Jordet stated that is correct and the use of GO Improvement Funds is also restricted to this kind of capital improvement (street projects). Mr. Boganey stated staff will provide a broader scope of the City's capital needs, beyond the street improvements, prior to the June meeting. It was the majority consensus of the City Council to discuss this issue again in June. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 04/22/13 -5- 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 22, 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, 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, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Jeremy Mickelson, 4300 65 th Avenue N, stated he has been parking his work truck in his residential driveway since 2005; however, had now received a letter stating it was a violation of City Code to park his nine-foot high 2011 Chevy Express Cutaway in his driveway. He showed the City Council a picture of his truck and indicated it was not considered to be a commercial vehicle based on its weight. Mr. Mickelson reviewed other cities that would not prohibit parking of this vehicle in a residential driveway. He noted a 10-foot tall RV is allowed to be parked in a residential driveway. Mr. Mickelson answered questions of the Council and indicated he had no other location to park his work van as it housed all of his tools. He stated he spoke with his immediate neighbors who were the same as when he moved to this property and none have objected. Mayor Willson asked staff to prepare a report and recommendation for the Council's review at the next Council meeting. City Manager Curt Boganey suggested this topic be scheduled for discussion at the next Work Session. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 04/22/13 -1- DRAFT 2.INVOCATION As the invocation, Mayor Willson requested a moment of silence and personal reflection on the devastating loss of life and injuries as a result of the Boston Marathon terrorist bombing and Texas West Fertilizer Company fire and explosion. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 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, 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 Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 8, 2013 — Study Session 2.April 8, 2013 — Regular Session 3. April 10, 2013 — Joint Session with Commissions 6b. LICENSES MECHANICAL Dietrick Mechanical Harris Companies Infinity Heating and Air Conditioning Northern Heating and Air Conditioning Precision Plumbing Stern Heating and Cooling RENTAL INITIAL (TYPE III— one-year license) 4353 Sequoia Drive, Eagan 909 Montreal Circle, St. Paul 1017 Meadovvwood Drive, Brooklyn Park 9431 Alpine Drive NW, Ramsey 4124 MacKenzie Court NE, St. Michael 34181 180 th Avenue, Red Wing 04/22/13 -2- DRAFT 5518 Irving Avenue N. Passed WI Weather Deferral INITIAL (TYPE — two-year license) 5719 Halifax Avenue N. 5740 Irving Avenue N. 4207 Lakeside Avenue N. #336 RENEWAL (TYPE — one-year license) 6119 Beard Avenue N. RENEWAL (TYPE II— two-year license) 1300 67 th Avenue N. — Brookside Manor 7230 West River Road 4119 71 st Avenue N. 6607 Beard Avenue N. 2913 Nash Road 7113 Palmer Lake Circle 6605 Xerxes Place N. RENEWAL (TYPE I— three-year license) 1108 57 th Avenue N. 5901 Aldrich Avenue N. Tsongna Yang Qiu Ping Zheng Sean Rahn Tamara Carlson Konrad Wagner Anda Construction Nedim & Adisa Frlj Nazir Moghul Ernie Zheng Michael & Beverly Bernier Travis Hoff Ryan Bernard Chai Thao Scott & Vickie Huber 6c. RESOLUTION NO. 2013-48 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 3 RD ADDITION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-49 EXPRESSING RECOGNITION AND APPRECIATION OF SEAN RAHN FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a resolution expressing recognition and appreciation of Sean Rahn for his dedicated public service on the Planning Commission. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-49 Expressing Recognition and Appreciation of Sean Rahn for his Dedicated Public Service on the Planning Commission. The City Council indicated it appreciated Mr. Rahn's leadership and expertise over the years. Motion passed unanimously. 04/22/13 -3- DRAFT 7b. PROCLAMATION DECLARING MAY 19-25, 2013, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring May 19-25, 2013, Public Works Week in Brooklyn Center. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Proclamation declaring May 19-25, 2013, Public Works Week in Brooklyn Center. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. RESOLUTION NO. 2013-50 VACATING CERTAIN EASEMENTS WITHIN LOTS 2, 3, 6, 7, 8, AND 9, BLOCK 1, SHINGLE CREEK CROSSING, HENNEPIN COUNTY, MINNESOTA Public Works Director/City Engineer Steve Lillehaug introduced the item and recommendation of the Planning Commission to approve the final plat for Shingle Creek Crossing 3' Addition and terminate easements that are either no longer needed or are being replaced by new easements. He indicated staff was unaware of any entity objecting to the proposed vacations. It was noted the City Attorney had reviewed the release and termination documents and concurs to the purpose and form of the documents. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-50 Vacating Certain Easements within Lots 2, 3, 6, 7, 8, and 9, Block 1, Shingle Creek Crossing, Hennepin County, Minnesota. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 04/22/13 -4- DRAFT 10. COUNCIL CONSIDERATION ITEMS 10a.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5949 YORK 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 Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5949 York 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. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5712 LOGAN 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 Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5712 Logan 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 6724 FRANCE 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 Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6724 France 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 5321 FREMONT AVENUE NORTH 04/22/13 -5- DRAFT 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 Lawrence-Anderson moved and Councilmember Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5321 Fremont 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. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: •April 10, 2013, Annual Joint City Council and Commissions Meeting •April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet •April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast •April 17, 2013, Fire Fighters and Citizens Awards Ceremony •April 18, 2013, American Cancer Event at the State Capitol •April 20, 2013, Brooklyn Center EarthFest Councilmember Ryan announced the April 20, 2013, Great Shingle Creek Cleanup event was canceled and will be rescheduled. Councilmember Kleven reported on her attendance at the following: •April 9, 2013, Brooklyn Center Women's Club Event •April 11, 2013, Planning Commission Meeting •April 10, 2013, Annual Joint City Council and Commissions Meeting •April 11, 2013, African Immigrant Citizen Meeting (canceled due to weather) •April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet •April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast •April 16, 2013, Earle Brown Days Committee Meeting •April 17, 2013, Senior Spring Forum •April 17, 2013, Fire Fighters and Citizens Awards Ceremony •April 17, 2013, St. Alphonsus Fundraiser •April 20, 2013, Brooklyn Center EarthFest •April 22, 2013, Memorial Gathering for Rita DeBruyn Councilmember Myszkowski reported on her attendance at the following: •April 10, 2013, Annual Joint City Council and Commissions Meeting •April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet •April 13, 2013, Performance of Waste Basket Review •April 16, 2013, CEAP Board of Directors Strategic Planning Retreat •April 17, 2013, Fire Fighters and Citizens Awards Ceremony 04/22/13 -6- DRAFT Councilmember Myszkowski announced she was recently elected as CEAP Board Chair and thanked the Brooklyn Center Women's Club for its generous donation. She announced she would be out of town from April 18-20, 2013, and unable to attend the Board of Appeal and Equalization Meeting Councilmember Lawrence-Anderson reported on her attendance at the following: •April 9, 2013, spoke with Brooklyn Center High School Civic Classes •April 10, 2013, Annual Joint City Council and Commissions Meeting •April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet •April 13, 2013, Lioness Fashion Show •April 16, 2013, Park and Recreation Commission Meeting •April 17, 2013, Fire Fighters and Citizens Awards Ceremony •April 20, 2013, Brooklyn Center EarthFest Councilmember Lawrence-Anderson announced that the Brooklyn Center Crime Prevention Program will sponsor its annual golf tournament on May 17, 2013, at Centerbrook Golf Course. Mayor Willson reported on his attendance at the following: •April 10, 2013, Annual Joint City Council and Commissions Meeting •April 11, 2013, African Immigrant Citizen Meeting (canceled due to weather) •April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet •April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast •April 17, 2013, Fire Fighters and Citizens Awards Ceremony sponsored by the Crime Prevention Program •April 19, 2013, Welcomed School Administrators at their Annual Conference •April 20, 2013, Brooklyn Center EarthFest Mayor Willson presented Mr. Boganey with a ten-year certification letter and Brooklyn Center logoed shirt. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. 04/22/13 -7- 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 BOARD OF APPEAL AND EQUALIZATION APRIL 29, 2013 CITY HALL — COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Appraiser Jill Brenna, Appraiser Jason Vaith, and Deputy City Clerk Maria Rosenbaum. 2.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM City Assessor Nancy Wojcik introduced the Local Board of Appeal and Equalization and discussed the Certification form. 3.THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4.QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported that the 2013 assessment has experienced declining market valuations again in most markets; however, in single family properties, the first six months of the study showed slower decline, and the later six months showed a shift to market growth. The mixture for the complete ratio time period still showed decline overall, but growth has continued through the spring of 2013. Not all property types are continuing the trend. Lender-mediated sales continued to exist in the market for sales of residential properties. Commercial and Industrial properties saw variations in changes based on property use. Smaller and/or older style apartments are holding flat at last year's values, but larger apartment complexes are seeing a shift 04/29/13 -1- DRAFT in the market and beginning to see growth in the overall apartment market in suburban Hennepin County. Ms. Wojcik reported on Assessed Value by Property Type Tax Payable Years 2013 to 2014; Median Sale Prices; Percent of Parcels Changing in Estimated Market Value 2012 to 2013; Residential Median Assessed Value and Tax Capacity Years 2005-2014; Commercial and Industrial Analysis by Property Type Use 2013 versus 2012; and Apartment Analysis 2013 versus 2012. During the summer of 2012 the Assessor's Office conducted property reviews of single family and townhome properties in an area located north of Lilac Drive, east of Xerxes, and south of 73 111 Avenue to the Mississippi River. The summer inspection area involved the review of approximately 1,783 parcels. All quintile inspections were completed by the end of October; and all permit reviews were completed by December 29, 2012. The overall value changes made to the 2013 assessments were as follows: Citywide (including all property types) -0.49 percent Citywide (excluding new construction) -2.70 percent Citywide (residential single-family detached only) -4.12 percent Citywide (excluding new construction) -4.28 percent Commercial 5.00 percent Industrial -0.06 percent Commercial and Industrial Land 18.74 percent Apartments -0.63 percent Condominiums -35.41 percent Townhouses -4.37 percent Double Bungalows -5.90 percent Residential: #50-#55 Off Water -4.23 percent Nbhd #56 Waterfront 4.27 percent 6.QUESTIONS REGARDING THE ASSESSMENT REPORT There were no questions regarding the Assessment Report. 7.APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2013 estimated market values: Penny Lane, 5434 72 nd Circle, expressed concern regarding the estimated market value of her townhome and felt that the property should be valued higher. She indicated that many improvements had been made to the property and that the exterior is in good condition. 04/29/13 -2- DRAFT Ms. Wojcik read her report and explained staff's recommendations for the property located at 5434 72 1d Circle as included in the packet. Her recommendation is to increase the 2013 estimated market value for the property from $61,300 to $63,400 for taxes payable in 2014, based on the characteristic changes from the energy efficient updates. Many of the additional items that Ms. Lane is requesting to be considered for a value increase are not defendable as an increase to value. There was discussion regarding another home in this area and reverse home mortgages. It was recommended to Ms. Lane that if she was considering a reverse home mortgage to seek advice from a third party. A motion by Councilmember Kleven, seconded by Councilmember Lawrence-Anderson to increase the 2013 estimated market value from $61,300 to $63,400 for taxes payable in 2014. Motion passed unanimously. 8.APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT No one appeared before the Board of Appeal and Equalization. 9.CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. Minnesota School of Business (MSB) Holdings Brooklyn Center LLC, do Mike Myhre, 5910 Shingle Creek Parkway, states that after purchasing the property asbestos was discovered and they have spent roughly $60,000 to remove it from the site. Ms. Wojcik discussed her review of the property and is recommending a reduction in the 2013 estimated market value from $3,100,000 to $2,820,000 for taxes payable 2014. A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to reduce the 2013 estimated market value from $3,100,000 to $2,820,000 for taxes payable in 2014. Motion passed unanimously. AEON, c/o Amanda Moeller, 6221 Shingle Creek Parkway, states that they believe the property is overvalued based on a December 2012 appraisal. Ms. Wojcik discussed her review of the property and is recommending to sustain the 2013 estimated market value of $5,423,000 for taxes payable in 2014, based on the income and market approaches to value. A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to sustain the 2013 estimated market value of $5,423,000 for taxes payable in 2014. Motion passed unanimously. 04/29/13 -3- DRAFT George and Kelli Zeller/Kevin and Margaret Doyle, 2818 Partners, 2105 57 th Avenue N, states that the proposed property value of $1,090,000 overstates the value of the property by roughly $190,000. Ms. Wojcik discussed her review of the property and is recommending to sustain the 2013 estimated market value of $1,090,000 for taxes payable in 2014. A motion by Councilmember Kleven, seconded by Councilmember Ryan to sustain the 2013 estimated market value of $1,090„000 for taxes payable in 2014. Motion passed unanimously. Earle Brown Lanel Ltd Ptnshp do CPAC, Brad Matheidas, Agent for Owner, 6100 Summit Drive, states that the economic obsolescence justifies a twenty percent adjustment to the current assessment. Ms. Wojcik discussed that she had been working with Mr. Matheidas and would recommend that since he is unfamiliar with the tax appeal process and his request being for such a large tax reduction additional analysis would be needed and the option to continue to the County Board may work better. A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to sustain the City Assessor's recommendation of getting further analysis at the County level for taxes payable in 2014. Motion passed unanimously. 10.SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING A date is not needed to reconvene. 11.ADJOURN A motion by Councilmember Ryan, seconded by Councilmember Kleven to adjoun the meeting at 7:59 p.m. Motion passed unanimously. 04/29/13 -4- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: May 7, 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 May 13, 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 3-D Heating and Air Conditioning Air Corps, LLC Avid Heating and Cooling, Inc. Bob Kissner Plumbing & Heating Crosstown Mechanical Galaxy Mechanical Gilbert Mechanical Go Fetsch Mechanical KB Service Company LBP Mechanical Professional Mechanical Services Stafford Home Service Total Comfort Treated Air Company Yale Mechanical MOTOR VEHICLE DEALERSHIP R.L. Brookdale Motors, Inc. Luther Brookdale Honda Metro Brookdale Mitsubishi Luther Brookdale Mazda Mitsubishi BB Motor Sales, LLC Luther Brookdale Buick GMC Luther Brookdale Chevrolet Brooklyn Park Motors, Inc. Luther Brookdale Toyota Scion RENTAL See attached report. SIGN HANGER Crosstown Sign, Inc. Sign Source 206 Jefferson Avenue N, Watertown 2230 Terminal Road, Roseville 7700 County Road 110 W, Minnetrista 15353 Iodene Street, Ramsey 509 Como Avenue, St. Paul 4920 173 rd Avenue NE, Ham Lake 4451 W 76 th Street, Edina 25884 Quail Ridge Trail, Lindstrom 430 E County Road D, Little Canada 315 Royaston Avenue N, Minneapolis 8851 Research Center Road, New Hope 6225 Cambridge Street, Minneapolis 4000 Winnetka Avenue N, New Hope 9954 166th Court SE, Becker 220 W 81 st Street, Bloomington 6800 Brooklyn Blvd 7235 Brooklyn Blvd 4301 68 th Ave N 6701 Brooklyn Blvd 6700 Brooklyn Blvd 16307 Aberdeen Street, Ham Lake 7660 Quattro Drive, Chanhassen - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit • Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0 75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 5 or more units Greater than 0 50 Budget Issues: There are no budget issues to consider. ----- Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for people and preserves the public trust 0. 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A license fee was never established because the only brewer located in the city did not qualify for the Brewer Taproom License unless it added on a restaurant. On April 8, 2013, the City Council adopted Ordinance No. 2013-01 amending the City's liquor license ordinance and removing the requirement that a Brewer Taproom License be issued only to a restaurant. Section 11-110 of the City Code of Ordinances states that fees for liquor licenses be set by City Council resolution. In surveying a few cities that issue Brewer Taproom Licenses, the fees are set as follows: •Duluth $209 •Minneapolis $1,179 •Roseville $750 •St. Louis Park $600 •St. Paul $605 •Stillwater $500 It is recommended that $600 be established for the Brewer Taproom License fee. Staff believes this would cover the costs of issuing and inspecting and other directly related costs of enforcement. Budget Issues: There are no budget issues to consider. ,• Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING FEE FOR BREWER TAPROOM LICENSE WHEREAS, on April 8, 2013, the City Council adopted Ordinance No. 2013-01 amending the City's liquor license ordinance and removing the requirement that a brewer taproom license be issued only to a restaurant; and WHEREAS, Section 11-110 states that fees for liquor licenses shall be set by City Council resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following liquor license fee is hereby established: Brewer Taproom License $600 May 13, 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. 6d COUNCIL ITEM MEMORANDUM DATE: May 7, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 511 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Ryan Contracting Company for Improvement Project Nos. 2013-01, 02, 03 and 04, Kylawn Park Area Street and Utility Improvements. Background: Bids for the Kylawn Park Area Street and Utility Improvements, Project Nos. 2013-01, 02, 03 and 04, contract were received and opened on May 2, 2013. The bidding results are tabulated below: BIDDER TOTAL Ryan Contracting Company $5,623,236.92 T.A. Schifsky & Sons, Inc.$6,160,327.20 S.R. Weidema, Inc.$6,573,677.15 Of the three (3) bids received, the lowest bid of $5,623,236.92 was submitted by Ryan Contracting Company of Elko, Minnesota. Ryan Contracting Company has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $5,623,236.92 is within the estimated construction cost and contingency total amount of $5,673,000. The total estimated budget including contingencies, administration, engineering and legal is $6,351,000. (see attached Resolution — Costs and Revenues tables). 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 community that enhances the quaky of life .for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2013-01, 02, 03 AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2013-01, 02, 03 and 04, bids were received, opened, and tabulated by the City Clerk and Engineer on the 2 nd day of May, 2013. Said bids were as follows: Bidder Total Ryan Contracting Company $5,623,236.92 T.A. Schifsky & Sons, Inc.$6,160,327.20 S.R. Weidema, Inc.$6,573,677.15 WHEREAS, it appears that Ryan Contracting Company of Elko, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ryan Contracting Company of Elko, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2013-01, 02, 03 and 04, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2.The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $5,156,000 $5,623,236.92 Lighting $ 100,000 $ 102,952.20 Contingency $ 517,000 $ 46,810.88 Subtotal Construction Cost $5,773,000 $5,773,000.00 Admin/Legal/Engr.$ 578,000 $ 578,000.00 Total Estimated Project Cost $6,351,000 $ 6,351,000.00 RESOLUTION NO. Amended REVENUES Estimated per Low Bid Street Assessment $1,094,000 $1,086,651.29 Storm Drainage Assessment $ 329,000 $ 326,199.22 Sanitary Sewer Utility $1,253,000 $1,241,473.50 Water Utility Fund $ 988,000 $ 845,194.56 Storm Drainage Utility Fund $1,009,000 $ 942,195.08 Street Light Utility $ 110,000 $ 112,952.20 Municipal State Aid (MSA)$ 360,000 $ 360,000.00 Street Reconstruction Fund $1,208,000 $1,423,805.15 CenterPoint Energy $ -0-$ 12,529.00 Total Estimated Revenue $6,351,000 $6,351,000.00 May 13, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: 7 May 2013 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Finance SUBJECT: Schedule for 2014-2015 Budget J.nt Work Sessions Recommendation: It is recommended that the City Council consider a motion approving the following calendar of joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2014 fiscal year with projections for the 2015 fiscal year. The meetings are all to be held at 6:30 PM in the City Council Chambers at City Hall. All dates are Mondays. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 2, 2013 has been reserved for the currently required public meeting on budget and taxation. Date Topic June 3, 2013 July 1, 2013 July 15, 2013 August 5, 2013 August 19, 2013 October 7, 2013 October 21, 2013 November 4, 2013 December 2, 2013 Goals, Priorities, Success Measures Capital Improvement Plan, Capital Project Funds General Fund General Fund General Fund Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility Funds and Rates Enterprise Funds Public Meeting currently required by MS 275.065 (Truth in Taxation) Attached is a listing of the dates and topics for City Council actions on the 2014/15 budget as well as the staff schedule for submission of budget information. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust May 6, 2013 June 3, 2013 July 1, 2013 July 15, 2013 August 5, 2013 August 19, 2013 September 9, 2013 Monday Monday Monday Monday Monday Monday Monday Joint Work Session Meetings of the City Council and Financial Commission Budget Schedule for 2014-2015 Document December 2, 2013 Monday December 9, 2013 Monday CAFR Presentation and Auditors Report Goals, Priorities and Success Measures Capital Improvement Plan and Capital Project Funds General Fund General Fund General Fund Regular City Council Meeting at which preliminary levy and preliminary governmental funds budgets will be proposed for adoption. Public Meeting required by Legislative action prior to adoption of final tax levies and budgets Regular City Council meeting at which final property tax levy for Pay 2014 and final operating budgets for all funds will be proposed for adoption. October 7, 2013 October 21, 2013 November 4, 2013 November 25, 2013 Monday Special Revenue Funds, Debt Service Funds Internal Service Funds Monday Utility Funds Monday Enterprise Funds Monday Regular City Council meeting at which 2014 Pay Plan, 2014 cafeteria contribution and 2014 Utility rates will be proposed for adoption. Budget Submission Calendar for 2014— 2015 Document Thursday, June 20, 2013 Capital Improvement Plan Capital Improvements Fund Municipal State Aid Construction Fund Capital Reserve Emergency Fund Infrastructure Construction Fund EBHC Capital Fund Technology Capital Fund Street Reconstruction Fund Tuesday, July 2, 2013 Thursday, August 29, 2013 Thursday, October 3, 2013 General Fund Revenues — All Departments All Business Unit Expenditures for: Administration Fiscal & Support Services Police Fire & Emergency Preparedness Business & Development Building & Community Standards Public Works CARS All Grant Funds Central Garage Fund Debt Service Funds and Debt Retirement Schedules Water Fund Sanitary Sewer Fund Storm Sewer Fund Streetlight Fun Recycling Fund Thursday, October 10, 2013 Golf Course Fund Liquor Stores Fund Earle Brown Heritage Center Fund Questions? Anything unclear about preparations or due dates? Need help with the software? Please call me now. Thanks! City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development r SUBJECT: Site Performance Guarantee Release Request 6545 West River Road (Super America) Recommendation: It is recommended the City Council approve the release of the remaining site performance guarantee held by the city for completion of various site improvements, in conjunction with site improvements made to the existing Super America gas station, located at 6545 West River Road. Background: On November 23, 1998, the City Council approved Planning Application No. 98024, the site and building plans of a car-wash addition to the existing Super-America gas station, located at 6545 West River Road. The owners of this site are noted as Speedway Super America, LLC. Approvals included certain conditions, one of which related to the posting of a financial guarantee by means of a cash deposit in the amount of $10,000.00. This deposit was transferred, deposited and held by the City's Finance Department to ensure completion of various site improvements and submittal of the final as-built survey. On May 6, 2013, city staff received various final documents related to this development site from Speedway representatives, which included a 2010 as-built survey and other supporting documents. This as-built survey and other documents were all reviewed and found to be acceptable by the Public Works Department; therefore, city staff collectively agreed this $10,000 deposit may be released. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and others Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT FILE NO. 98024 This Agreement is entered into by Speedway Super America, LLC hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of November 23, 1998 and in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in the aforesaid Approval, and as hereinafter set forth, upon the real estate to be described as follows: Lot 1 Block 1 Re al Road Second Addition 6545 West • 'ver Road The Work will consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, codes and Ordinances of the City. The cost of the improvements is estimated to be $12.000.00 . COMPLETION DATE The undersigned Developer agrees that the said Work will be completed in its entirety on or before the 1st day of December 2000, and no extension of time will be valid unless the same will be approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE The Performance Agreement, in its entirety, will remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standar' will not be deemed complete hereunder. Notice of the date of Actual Completion will be given to the Developer by the Director of Community Development of the City. ANC GU ANTEE The developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amotmt of $ 10,000.00 . Such Financial Guarantee will continue in full force and effect until the City Council will have by motion approved and accepted all of the Work undertaken to be done, and will thereby have released the Surety and/or Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager._ Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, codes, and Ordinances of the City, and will further be subject to the following provisions which will be deemed to be incorporated in such Financial Guarantee and made.a part thereof. -The City will be requifédIOVVéliriOr itötiedliithi'etirlibrate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety will notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed sixty (60) days unless approved by the City. Performance Agreement pg. 1 Revised 4-98 Witness Subscribed and sworn to before me this -77)C) day of Deee nthei-- 19.9 eke, anowwwomArohm,wwwwommws REBECCA S. CRASS NOTARY PUBLIC-MINNESOTA My Cornmison Expires Jas. 31, 21305 Zoning Official REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1)Completion by the City. The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2)Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3)Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4)Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of 19 Witness Performance Agreement pg. 2 Revised 4-98 -:AWTANGI4J0-SEE TF,K..gCU,,ft TY, FEA1141‘.i" STM k TilUA SIT H WTW M . bci,Hars Drawer; National City Bank: CitY. if By intrt3f it yytoths tar..:••ernifter CIO a..66.19(LAT - 6-9 ,r (nitc.,229 /YjOit9.--C v37069410 1:L020000761: MO0031,54372 21-ol° THE. vAmAtiLtIoNE gAcKGRouNii AstA OF THIS DoCUMENT 011ANGEs pOlo_FVGFIADIALLYAND.shlOOT PROMOOKER,1431NES Atbotl-t:tog AND.EftrETOWtoillit.LIGIITEST:rONMAIHe MOD ******,t******************************** CITY OF BROOKLYN CENTER CASHIER: CDS TERMINAL NO: 761 DATE: 12/06/99 TIME: 11:04:29 ID: NAME: SPEEDWAY SUPERAMERICA 9084 2352 PERFORMANCE BOND 10,000.00 Total Receipt Amount: 10,000.00 RECEIPT #: CR058998 USER ID: REGISTER *************************************** City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: May 7, 2013 TQ: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Expressing Appreciation to CenterPoint Energy for a $1,650.00 Community Partnership Grant Award Recommendation: It is recommended that the City Council consider approval of the resolution expressing appreciation for a $1,650.00 grant award from CenterPoint Energy. Background: On March 4, 2013, the City received notification from CenterPoint Energy announcing the Community Partnership Grant Program. The purpose of this program is to work with communities on a shared commitment to safety. This year, CenterPoint Energy will surpass the $1 million mark in grants awarded in Minnesota. The City of Brooklyn Center Public Works Department submitted an application for this matching grant on March 18, 2013. City staff outlined the need for gas monitors with spare batteries, a calibration kit and a continuous sample pump. The equipment will allow atmospheric monitoring which will enhance the safety of Public Works staff when conducting maintenance and repair of the City's underground infrastructure in confined space situations. Subsequent notification indicating the City of Brooklyn Center has been selected as a recipient of a grant in the amount of $1,650 was received (see the attached CenterPoint Energy letter dated April 16, 2013). A representative from CenterPoint Energy will be present at the May 13, 2013, Council meeting and wishes to present the City with this award. Budget Issues: The additional matching $1,650 will be funded by the operating budgets for storm sewer, water and sanitary sewer. Council Goals: Strategic: 3. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe, inclusive conunnnity that enhances the quality of life for al /peoplepeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION TO CENTER_POINT ENERGY FOR A $1,650.00 COMMUNITY PARTNERSHIP GRANT AWARD WHEREAS, CenterPoint Energy has established the Community Partnership Grant program to support local communities; and WHEREAS, CenterPoint Energy received a number of application for this partnership program; and WHEREAS, CenterPoint Energy has selected Brooklyn Center to receive $1,650.00 to be used for multi-gas atmospheric monitors with spare batteries, a calibration kit and a continuous sample pump for use by the Public Works Department; and WHEREAS, the City Council is appreciative of this donation and commends CenterPoint Energy for making this possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The City of Brooklyn Center acknowledges this donation with gratitude. May 13, 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. 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459-0038 CenterPoint w Energy April 16, 2013 Mr. Cornelius Boganey City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Boganey: Thank you for submitting an application for a CenterPoint Energy Community Partnership Grant. I am pleased to inform you that a grant in the amount of $1,650 has been awarded to the City of Brooklyn Center for multi-gas atmospheric monitors with spare batteries, a calibration kit and a continuous sample pump for the public works department. We would appreciate the opportunity to present the Community Partnership Grant check at a council meeting in May or June. Would you please provide the following information and fax to Community Relations at 507-387-1997. May - June council meetings: (1)Dates(s): (2)Time: (3)Location: (4)Name of contact and phone number to schedule attendance: We will coordinate with a CenterPoint Energy representative to attend and present the Community Partnership Grant check. Congratulations, and thank you for making safety a top priority in your community. Sincerely, Jean Krause Director, Community Relations cc: Todd Berg - Streets/Parks Supervisor City Council Agenda Item No. 9a COUNC lt, IITF4M MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager i FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development '- SUBJECT: Ordinance Amending and Repealing Certain Sections of Chapter 34 (Signs) and Chapter 35 (Zoning) related to Dynamic Message Signs (DMS) with Public Uses Recommendation: It is recommended that the City Council consider and approve the First Reading of the attached ordinance amendment, and schedule the Second Reading and Public Hearing for June 10, 2013. ackground: At the January 14, 2013 City Council Study Session, the Council was presented with a request to consider a proposed amendment to Chapter 34 — the Sign Code, specifically to allow dynamic message signs (DMS) for public and semi-public uses (i.e. churches, schools, city hall, etc.). This item was brought forward due to a request from Evergreen Park Elementary to install a DMS at their school property, which signs are currently prohibited in the R1 Residential Zone The Council was presented with two basic questions for study: Question I: Does the City Council wish to consider an amendment to the Sign Ordinance that would allow Dynamic Message Signs at Public and Semi-Public Places? Question 2: Does the City Council wish to have the Planning Commission review the Dynamic Message Sign Standards and its limited use to only the C-2, I-1, and 1-2 Districts? The Council discussed various concerns related to this request, which include the following: O The potential impacts upon the residential neighborhoods; O Assurances that any sign reforms would not involve allowances or relaxing of certain (current) sign standards, such as flashing or rotating signs, or animated or motion message signs; O Define or clarification of what is a "Public" and "Semi-Public" place; and O Public input on this amendment proposal. The final consensus of the City Council was to generally support both questions and ask the Planning Commission to provide review and comment on Question No. 2. Staff introduced this item to the Planning Commission at the January 31, 2013 meeting, which included a staff memo and supporting research from other city ordinances that contain similar Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMO NDUM electronic or dynamic message sign standards. The matter was continued to the next scheduled meeting. At the February 14, 2013 meeting, the Commission was provided additional information regarding "potential impacts to residential neighborhoods" and identified public uses and semi- public uses (definitions) from other city ordinances. The Commissioners generally supported the idea of allowing DMS in public places throughout the city, but felt additional standards were warranted in order to preserve and protect the single-family uses in areas where these sign could be placed. The Commission also felt additional study may be warranted in allowing DMS in other areas or zones of the city, such as the Cl (Service/Office) Districts, but no official action was directed or taken at this time. At the February 28, 2013 meeting, the Commission again discussed certain standards related to DMS in public areas, specifically brightness standards; size limitations; and message interval limitations (timing of messages). The Commissioners recommended a number of new [proposed] standards, including a one-hour time limit of message changing; signs turned off between hours of 9:00 pm and 7:00 am daily; and specific brightness standards. The PC directed Staff to set a public hearing for the April 11, 2013 to consider a draft of said ordinance. On April 1 1 th , the Planning Commission conducted the public information meeting (public hearing) on a proposed Ordinance Amendment related to this matter. The notice was published in the Sun Post, and copies of notices were mailed to all known churches, schools and registered sign hangers with the City. This meeting was very well attended (particularly by a local church group) and a number of ideas and suggestions were made to the Commission, especially related to the proposed message timing and sign turn-off requirements. After much discussion, the PC elected to table the item to the next meeting, and directed Staff to investigate and revise some of the original proposed standards, and bring back to the Commission for additional consideration. At the April 25, 2013 meeting, the Planning Commission once again considered this item, and allowed public comments to be heard (even though the official public hearing was closed at the previous April 1 1 th meeting). The Commission felt the revised standards as noted in the attached Ordinance were acceptable, and a favorable (6-0 vote) recommendation was made by the Commission to the City Council on this proposed Ordinance Amendment. Attached for the Council's review is the proposed Ordinance (draft) as recommended by the Planning Commission; an example of a DMS with a public use (Evergreen School); maps identifying these public uses and areas; comparative standards matrixes from other city ordinances; and minutes (excerpts) from the Planning Commission meetings as noted herein. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2 We will stabilize and improve residential neighborhoods 6. We will increase the engagement of all segments of the community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tnist CITY OF BROOKLYN CENTER DRAFT#6 Notice is hereby given that a public hearing will be held on the day of , 2013, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 34 and Chapter 35 of the City Ordinances Regarding the allowance of dynamic message signs (DMS) to public places and uses, and adding new definitions of public uses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES AND ADDING NEW DEFINITIONS OF PUBLIC USES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner (strikeout text indicates matter to be deleted, while double underline text indicates new matter): Section 34-110. DEFINITIONS. The language set forth in the text of this ordinance shall be interpreted in accordance with the following definitions. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural includes the singular. Public Uses — uses, facilities and properties owned or operated by a school district a munici alit count . state or other overnmental units, and an reli ious institutions such as churches. chapels, temples, synagogues and mosques. Section 34-140. PERMITTED SIGNS. 1. General Requirements and Standards for Permitted Signs k. A dynamic messages sign "DMS," is permitted in the C2, I-1 and 1-2 Districts, and with Public Uses in all districts where they are allowed. A DMS is also subject to the requirements of Section 34-140.3.A and Section 34-140.3.D of this ordinance. A DMS message in the C2, I-1 and 1-2 Districts must remain constant for at least two seconds when such sign is in use. 3. Permitted Signs Requiring a Permit D. Public and Semi Public Places Uses (All Districts) 1.Freestanding Sign Churches, synagogues and temples may have the folio ving signs: a. One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. Properties entitled to a second freestanding sign may elect to erect a single freestanding sign not exceeding 72 square feet in area or 15 feet in height. 2.Wall Signs One wall sign not to exceed 36 square feet. One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, or as a day care facility and is licensed by the Minnesota Department of Public Welfare. The sign area shall not exceed 10 square feet. 2,---Othei.—pnblic and semi public uses, including private clubs and lodges. a. Freestanding signs as specified,ahave-Of churches, synagogues and temples. b--011C wall sign, the maximum area not to exceed 36 square feet. 3. Dynamic Message Signs (DMS) A DMS owned or o erated b a Public Use located in a residential zoned district shall meet the following additional standards: a. the area of a DMS sign is limited to an area 2 equal to 50% of the maximum allowable size of that sign. b.the DMS message must remain stationary or static for up to 8-seconds or more:, c.the DMS shall be located no closer than 50-feet from any residential dwelling. d. the DMS must have dimming technology that automatically adjusts its brightness in direct correlation with ambient light conditions. and said brightness shall not exceed 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size: as indicated in the table below: DMS Sign Measurement Distance AREA of SIGN MEASUREMENT flt.(Distance —ft.) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 D 95 95 97 100 100 Measurement Calculation x 100 Section 35-900. DEFINITIONS. The language set forth in the text of this ordinance shall be interpreted in accordance with the following definitions. Words used in the present tense shall include the fixture; words used in the singular shall include the plural and the plural includes the singular. 3 Public Uses — uses, facilities and properties owned or operated by a school district a munici • alit count state. or other overnmental units and an reli ious institutions such as churches, chapels, temples, synagogues and mosques. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2013. 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Maplewood Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to persons outside the regular constituency of the organization. New Hope Public uses means uses owned or operated by school districts, municipal, county, state, or other governmental units. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Plymouth Public Uses: Uses owned or operated by municipal, school districts, county, state, or other governmental units. Semi-Public Use: Uses owned by private or private non-profit organizations which are open to some, but not all, of the public. Shoreview Public/Quasi-Public Facilities. Uses such as schools, churches, and government buildings and facilities, including parks, playgrounds, trails and other recreational areas. White Bear Lake Public Uses. Uses owned or operated by municipal, school districts, county, state, or other governmental units. Semi-public Use - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Brooklyn Park Public & Utility Facilities. Government and utility facilities and structures, i.e. maintenance buildings, water towers, pumping and lift stations, electrical substations, government buildings, mass transit facilities, and minor cable TV facilities. Religious Institution. A building or campus in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. Convents, rectories, and the like, may be considered as part of a religious institution campus if located on the same parcel. Minnetonka "Educational institution or facility" - a public or private elementary, middle, secondary, post- secondary or vocational school having a course of instruction meeting the compulsory education requirements of the Minnesota board of education. "Public building" - a structure sheltering or enclosing a government activity or uses Maple Grove Church or religious institution means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship, including, but not limited to, churches, chapels, temples and synagogues. I 1 I I M ClH.4-1 02 Cl/R1 FM1 PUD/CIA 01105/04 PUD/C2 PUD/II 1_11P170,11 11PU0n13 RUCAILLED I I WE 023 Ds r '11 111111.ER LAKE PARK '_111111111111W Safely Zone A, LOCAL STREET 4INDEX I Brooklyn Center Zoning ZONING DISTRICTS 1`0.15,1 GLOCO ELP/A1-9:1.17 .1.1319311OCArro., = CHURCHES 0 = SCHOOLS Rl Brooklyn Center GIS I LOCATION MAP OF CHURCHES & SCHOOLS h 14 ik 'U LL , -,---,--,-- ,.,,, r r ;WC,' 1 (''f I:7.7, •_....._.'i i ' --El li i 1 01 1 U7-1.I If_ I.____ -t--:--•‘'-='- ''.■Z s \T. i 1-1(V^r 'nr'Cl‘°',4 ---_-r, ----------. JJLJLLi l, '4 - r-t I, i 1 1\ i l :. ' ! ..."'■ • 1 Il 1 ',,,-.------=';,---H=I ,i I ; ,--.---= ---71---- , — '-1 1! ,-'', ' . ' —17 (_____,_ li4,.., —1,; =-------, 1 I f' ,i LiL - ,,,... 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IN A7 s -g 42""6c -.C.-cl_ cu =,•-•o- e'.; ...n c=.,. =r:E "?-:0 ...cr G 7 ...f.'n: 6 v _8 e a .0 - l-DC;,-,,Ce C5 g g'g;g g C'g:&";-.' E 2 ca ro•■=t .= na MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA April 25, 2012 Excerpts CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Burfeind at 7:02 p.m. ROLL CALL Chair Pro Tern Burfeind, Commissioners Randall Christensen, Benjamin Freedman, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Benjamin Freedman was absent and unexcused. APPROVAL OF MINUTES — April 11, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to approve the minutes of the April 11, 2013 meeting as submitted. The motion passed unanimously. CHAIR' S EXPLANATION Chair Pro Tern Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. CONTINUATION OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 Mr. Benetti reviewed the items discussed at the April 11, 2013 Planning Commission public hearing related to dynamic message signs and was tabled. He stated it was the general consensus of the Commission to direct staff to further research the "grandfathering" issue of non-compliant signs; the length of time a message or sign must stay static; and the duration or time-limits a sign can remain active and this item was tabled until the April 25, 2013 meeting. ACTION TO UNTABLE DISCUSSION RELATED TO THE PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) OF THE CITY CODE OF ORDINANCES There was a motion by Commissioner Morgan, seconded by Commissioner Schonning to un table the proposed ordinance amendment to Chapter 34 (Signs) and Chapter 35 (Zoning) of the City Code of Ordinances regarding the allowance of dynamic message signs (DMS) to public spaces and uses and adding new definitions of "Public Uses" to the City Code. Voting in favor: Chair Pro Tem Burfeind, Commissioners Christensen, Freedman, Morgan, Parks and Schonning And the following voted against the same: None Page 1 4-25-13 The motion passed unanimously. The following items summarize staffs findings: Grandfathering issue: Mr. Benetti stated the City Attorney clarified that any new ordinance adopted by the City Council would be applicable to all existing and new signs and any current non-conforming sign remains non-conforming unless the new ordinance provides additional or favorable standards which make the sign no longer non-compliant. He added if a monument style, internally lighted cabinet sign were currently non-conforming due to a setback encroachment, that sign would not be allowed to transition or improve to a DMS due to this nonconforming status. Furthermore, if a cunent electronic DMS or similar sign is operational in a district or on a property that currently does not allow this type of sign, the "grandfathered" right does not apply or provides immunity from the current sign ordinance standards. Mr. Benetti added some of the existing signs at churches and public schools may not have been a true DMS at that time and would still be considered non-conforming, and the "grandfathering" label does not change the legal status of such signs. However, if a new ordinance could allow or provide standards to make these signs legal and conforming. Length of Message: Mr. Benetti provided data indicating the timing or length of messages allowed by other cities is from 3-seconds to 24-hours. He further stated that following the public hearing and upon examining sign codes and standards from the various communities, the proposed one hour message duration may not be fair or reasonable to display multiple messages for the general public. Therefore, city staff is recommending an eight second time message interval for these signs in residential districts. He added the eight-second rule is virtually standard for most large-scale billboard sized DMS considering the city's commercial areas are afforded the two-second interval. Duration or Time-limits a Sign can Remain Active: Mr. Benetti reviewed the city initially proposed that all DMS in a residential area or a public use must go blank between the hours of 9:00 PM and 7:00 AM. However, a number of these sign owners would prefer to keep or maintain their signs for 24-hour periods. Mr. Benetti further explained the current Sign Ordinance does not have any provision or standard where a sign must be turned off in any zoning district. He added the proposed sign ordinance revisions provides for these DMS' in residential areas to be equipped with automatic dimming technology and must meet certain brightness standards as noted by the table in the proposed ordinance, therefore, staff is supportive in allowing all signs remain lit or operational 24 hours. Commissioner Morgan stated the information provided was very thorough. Mr. Benetti provided an overview of results from other cities. Page 2 4-25-13 Commissioner Christensen stated he did not feel the following was addressed "no portion of the message may flash, swirl, fade in or out" in the report. Mr. Benetti replied that these items are currently not allowed in the city ordinances. Chair Pro Tern Burfeind asked for further clarification on the grandfathering issue. Mr. Benetti explained that according to the City Attorney existing signs would be considered non- conforming if they do not meet the current ordinance requirements and all existing signs could remain in their current status, however, no changes could be made to the sign unless it is brought into standards as allowed in the city ordinances. Commissioner Parks asked about dimming technology. Mr. Benetti stated that all new signs come with technology to program signs according to dark and light with automated dimming Commissioner Christensen stated that it was discussed to have the lights shut off during the night and he is still on the fence about being able to change it every eight seconds all night long and feels it should be a more static message during the night. Mr. Benetti replied that staff took into consideration the need for some churches and schools to keep the message displayed 24/7 and the eight second interval is programmed such that it is unnoticeable when changing. However, he felt the Commission was in favor of the eight second interval. Commissioner Christensen replied that if the change is unnoticeable, he would be okay with it. Chair Pro Tem Burfeind stated that the changing messages are typically not obnoxious and barely noticeable when they change. He doesn't feel the eight second interval would be unreasonable. Mr. Benetti responded that the change must be programmed to be instantaneous and cannot fade in or out. PUBLIC HEARING — ORDINANCE AMENDMENT (CHAPTER 34— SIGNS) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to reopen the public hearing regarding an amendment to Chapter 34 (Signs), at 7:27 p.m. The motion passed unanimously. Chair Pro Tern Burfeind called for comments from the public. Lilly Harrington, Unity Temple Church, stated she is here on behalf of the church's Pastor. She asked if all existing signs in residential areas are okay. Mr. Benetti stated that if they are operating a Dynamic Message Sign it is not allowed but will be by adopting this ordinance. Ms. Harrington stated that their existing sign does not flash and does not illuminate into any residential homes and they took their neighbors into consideration when placing the sign on the property. She encouraged the Commission and Staff to come by and visit their church. Kathryn Biddle, Unity Temple Church, thanked the Commission and asked for verification regarding their existing sign. Mr. Benetti replied after further investigation by Staff, the Unity Temple site is considered a comer lot which means the size of their sign is okay. Page 3 4-25-13 Victoria, Unity Temple Church, asked what is important to bring to the panel for consideration particularly for the children of Brooklyn Center? Chair Pro Tem Burfeind suggested that the City Council should be contacted with any concerns and, if deemed appropriate, the City Council would forward their issues to the Planning Commission. Councilmember Kleven thanked everyone for coming to this meeting and she advised of the City Council meeting dates and the times of open forum when the Council can be addressed. Commissioner Parks responded that the Commissioners keep the safety of children on their minds and when considering planning issues, he is an advocate of walkability. There was further discussion regarding these issues and it was stated that these types of issues are not heard by the Planning Commission but should be brought to the City Council for consideration. CLOSE PUBLIC HEARTNG — ORDINANCE AMENDMENT (CHAPTER 34— SIGNS) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to close the public hearing regarding an amendment to Chapter 34 (Signs), at 7:43 p.m. The motion passed unanimously. Chair Pro Tern Burfeind stated that he appreciates the input from the public which helps them to arrive at decisions when considering these issues. ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMA) TO PUBLIC PLACES AND USES AND ADDING NEW DEFINITIONS OF PUBLIC USES There was a motion by Commissioner Parks, seconded by Commissioner Schonning, to approve an Ordinance Amending Chapter 34 and Chapter 35 of the City Code of Ordinances Regarding the Allowance of Dynamic Message Signs (DMS) to Public Places and Uses and Adding New Definitions of Public Uses. Voting in favor: Chair Pro Tern Burfeind, Commissioners Christensen, Freedman, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the ordinance amendment at its May 13, 2013 meeting. Page 4 4-25-13 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA Excerpts APRIL 11, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Randall Christensen, Michael Parks, Carlos Morgan and Stephen Schorming were present. Also present were Councilmernber Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Benjamin Freedman was absent and excused. APPROVAL OF MINUTES — FEBRUARY 28, 2013 There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning, to approve the minutes of the February 28, 2013 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. CITY OF BROOKLYN CENTER ORDINANCE AMENDMENT (CHAPTER 34- SIGNS) Mr. Benetti stated the Commission would be conducting a public informational meeting regarding the proposed ordinance amendment related to dynamic message signs and new definitions to the City Code. He added the Planning Commission has generally supported the concept of allowing DMS type signs in Public/Semi-Public places and supports including new definitions of what constitutes a Public Use. Mr. Benetti stated the ordinance amendment is being discussed at the request of Evergreen Park Elementary School. He provided the background and history involved in the process relating to the approval of the proposed changes to the Sign Ordinance regarding Dynamic Message Signs. Mr. Benetti further displayed various dynamic message signs currently located in the city. Mr. Benetti reviewed the following items initially discussed by the Planning Commission for consideration: 1. Planning Commission supports allowing dynamic message signs to Public and Semi- Public Places, with further recommendation the City Council direct city staff to prepare a draft ordinance to include the following measures: Page 1 4-11-13 a.new definition or land use term similar to the other communities' ordinances with regards to "Public" and "Semi-Public" uses; b.limiting the overall allowable size of any new DMS area or cabinet to no more than fifty percent (50%) of the maximum allowable signage provided for in the district where the sign is placed. c. any DMS in a residential zoned district message must remain stationary or static for up to one hour or more; a.any DMS in a residential zoned district must have dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions, and said brightness, and said brightness shall not exceed the industry standards of 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size; b.any DMS located in a residential zoned district shall be turned off or programmed to go blank between the hours of 9:00 p.m. and 7:00 a.m. daily. c. A DMS in a public or semi-public place located in a residential district shall be placed or allowed no closer than 50-feet to 75-feet from an adjacent residential lot line. 2. Planning Commission was supportive of a further study to allowing dynamic message signs to the Cl (Service/Office) and CIA (Service/Office) Districts; Mr. Benetti further explained the ordinance amendment language being proposed for consideration by the City Council including a new definition for public uses and the exclusion of a Semi-Public Use definition. He described the new language included in the proposed ordinance amendment related to requirements and allowances related to Dynamic Message Signs operated by a Public Use and located in a residential zoning district including the area of a DMS sign is limited or equal to 50 % of the maximum allowable size of the sign, the sign must remain stationary or static for one hour or more, the DMS shall be turned off from 9:00 p.m. and 7:00 a.m., the DMS shall be located no closer than 50 ft. from any residential dwelling and must have dimming technology so brightness shall not exceed 0.3 foot candles measured from a preset distance depending on the sign size. It was emphasized that these recommendations are for residential zoning district, not commercial. Commissioner Christensen asked about the 0.3 candle and 50 ft. setback from a residential dwelling. Mr. Benetti replied that the numbers can be adjusted if it is recommended by the Commission. PUBLIC HEARING — ORDINANCE AMENDMENT (CHAPTER 34— SIGNS) There was a motion by Commissioner Morgan, seconded by Commissioner Parks, to open the public hearing regarding an amendment to Chapter 34 (Signs), at 7:27 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Page 2 4-11-13 Pastor Ezra Fagge'Tt, Unity Temple Church, 4801 63 rd Avenue N, stated his concern is how these changes affect pre-existing signs since his church has had a sign for several years. Chair Rahn replied the intent of the ordinance amendment would not impact the ability to continue with an existing sign. Mr. Benetti stated that if adopted, the new standards would apply to all existing signs. Pastor Fagge'Tt followed up by stating if the sign is already up and running, would they be grandfathered in or would the changes affect the existing signs He feels it is not possible to get all messages changed with the one hour static requirements for his church since they have a variety of messages they are trying to display. Chair Rahn stated they could reconsider the one hour static requirement. He added this was originally looked at from the perspective of a resident living next door, how would a constant changing sign affect them. Commissioner Parks stated the underlying intent of the Planning Commission is not to prevent people from having signs but rather have the ability to regulate the signs to avoid too many signs in the community, particularly in the residential areas. He added the Commission is attempting to establish certain guidelines that will keep all neighbors happy. Pastor Fagge'Tt stated they have tried to be a good neighbor and keep their neighbors happy and hopes no one has complained about their sign. He is concerned that his church gives out the right message with the ability to change the message more often if something has changed. He added they are a community church and serve the community with meals as well as worship and like to be able to send that message through their sign. He feels he would like to be able to change the message more often than every hour. Mr. Benetti responded that the concern that was raised by the Commission was that the new DMS 'S are now much more affordable and expect to see more of them in the City. Therefore, the Commission felt it was important to establish guidelines especially in the residential areas. He added if there were many of these signs up and down an area such as Brooklyn Boulevard, it could be extremely distracting if all signs were flashing at 2 second intervals. He further stated that the Council does not wish to address the Commercial zoning districts at this time, rather only the DMS signs in the residential areas. Chair Rahn emphasized the distinctions and differences between residential and commercial areas where they are different requirements for both. Commissioner Christensen asked Pastor Fagge'Tt how often they change their sign message. Pastor Fagge'Tt replied their message changes every 8 to 10 seconds but has a different message than a commercial business would have. He added the 9 p.m. to 7 a.m. blackout of the signs would be an issue for them since they leave their signs on at all times to encourage people to stop in when they might need a refuge. He added they would like to be able to keep doing what they are doing. Page 3 4-11-13 Chester Dryke, 909 85 th et, Brooklyn Park, stated he belongs to Brooklyn United Methodist Church and he is in charge of putting up a new sign at the church and he believes the signs should be kept on 24 hours a day to keep from damaging the sign. He further asked for clarification on what size and how many signs the church could have. He added his church is in a residential zone so could they apply for rezoning to allow the same sign as allowed in commercial zones? Mr. Benetti replied there has to be a higher need than a sign to rezone a property and to amend the Comprehensive Plan. Mr. Dryke stated he is just two blocks from Slim's and if they get the sign he feels so should the church. He added they have many activities going on and they would like to be able to advertise all the events taking place. He added the ability to get the message out to people is the reason they are looking at a DMS since they do a lot of outreach and feels the limitation on changing the sign every hour is unreasonable if churches are to stay involved in their community. Greg Rendall, Sign Source, stated he initiated the request for the changes being discussed for a sign at Evergreen Park School. He also feels the one hour time limit for changing the signs is unreasonable. He added changing the sign every 10 seconds works best to get the messages out to the people. Commissioner Burfeind, asked if turning off a sign damages it. Mr. Rendall replied no, it does not damage the sign. Commissioner Burfeind stated at the start of this study he was a huge advocate of the one hour message time change and requiring the signs be turned off at night. He now realizes that the one hour is maybe too strict but feels the signs should still be turned off at night since it may detract from the livability of the neighborhood. Mr. Rendall replied that most signs at schools and churches are illuminated and are on all night. He added that all the signs he has sold to schools and churches are on all night and he has never received a complaint that they are too bright or change too often. He also feels that in most cases people like these signs once they are installed and maintain them and keep them looking nice Barbara Ferguson, member of Unity Temple Church, stated the sign is a message to the community and they cannot please everyone. She stated the church sign is a message that brings souls in to Christ and the signs helps bring people in. She stated she is just trying to figure out where they are at. Mark Dischinger, Bass Lake Road, stated he has heard comments regarding these signs with the Vegas Strip style in the business district. He feels these signs are in the business area and doesn't feel the churches in the residential areas will look like the one such as the pizza one. He added he belongs to Brookdale Covenant church and it displays many messages through the week covering a wide range. He added people mention the reason they are at his church is because they saw the sign. He further stated don't let DMS be limited to changing once an hour because it would do a disservice to the church and what it offers. Victoria from Unity Temple Church referred to a police report map and stated that all along 63 rd Avenue North there is no crime but along 58 1th Avenue North there is plenty of crime. She said there is no crime where the lights are on. Page 4 4-11-13 Odell Wilson, Unity Temple Church, stated he is a probation officer and 63 rd Avenue N is a dark street. He added their church was broken into soon after they purchased it. He further stated they have an abundance of people moving into the communities that are coming out of prison and have a big difference in backgrounds and the church provides a place to make changes in people's lives. He feels the sign is a very good thing because the building sits off the street and with churches the signage would generally be in the front of the church so passerby's would see it and he doesn't feel that the lights would generally be shining in anyone' s bedroom in the front of the street. Eric Fagge'Tt, Unity Temple Church, asked which zoning district his church is located in. Mr. Benetti replied it is located in the R-1, Residential zoning district. Catherine Dobie, Unity Temple Church, agrees with everything that has been said. She stated that if their sign is not posing any issues, will it be grandfathered in. Mr. Benetti replied that some of the signs that have been identified may have been issued permits and allowed errantly and now that they are up, it will have to be addressed. He added that he would have to consult with the City Attorney. Chair Rahn stated that it would be difficult to allow exceptions if they are establishing a standard. Mr. Benetti further replied that most likely the signs would be allowed, however, the places with the signs would be required to meet established standards once they are adopted. He added he would get further clarification from the City Attorney. Lily Harrington, Unity Temple Church, stated they had a bus parked on the property and someone was living out of the bus; they moved it next to the sign, now nobody bothers the bus anymore. She feels they should be able to keep the lights on 24 hours. Mr. Benetti explained that the main portion of the light could remain lit; however, the DMS part of the sign would be required to be turned off. He added the sign vendor says that many schools turn the DMS part of the sign off at night. Catherine Williams, Unity Temple Church, stated she is a bus driver and she drives the route by the church and they see the sign which brings them in. She stated if the sign was off at night, people would not get the message to come to church. Stephanie Johnson, Unity Temple Church, stated because of the proximity of the sign, you cannot see the sign until you drive up close it. She stated that following an emergency call, she heard the responders say 'turn at the sign'. She also says if you turn off the sign your turn off the message as well as the protection the sign gives Ezra Fagge'Tt II, Unity Temple Church, is a technician and he stated their sign goes dark at night and all you see is the message at the bottom of the board. He added the light from the sign does not reach the house next door and he personally set it to 10 seconds. Further the sign has amazing technology but he keeps it basic so as to not disturb anyone. He added they have not had any complaints from the neighbors. Page 5 4-11-13 Pastor Fagge'Tt stated now that they have heard the reasoning why the signs should be turned off, he stated they were blessed to have had a sunrise service for people that work over night for Easter and Christmas and if they signs have to be turned off at night, they would be unable to inform people of the service times. He added if a school had an emergency and wanted to advertise an overnight tragedy, they would not be able to if the sign was turned off and leaving the signs on all the time allows you to get the message out. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the public hearing at 8:45 p.m. regarding an amendment to Chapter 34 (Signs). The motion passed unanimously. The Chair thanked those that came forward to address the Commission and called for further discussion or questions from the Commissioners. Commissioner Christensen stated he appreciates the comments from the public and he too is rethinking his timing and would like to figure out a different way to do that by allowing the signs to remain on all night but remain static. He also feels the city attorney should be consulted until further information is gathered. Commissioner Morgan asked about the grandfathering issue. Mr. Benetti stated if the Commission feels they would like to get an opinion from the City Attorney and make a decision at the next meeting that is acceptable. He added that an ordinance by process is heard at a public hearing by the City Council and once a recommendation is made by the Commission, it will be reviewed by the City Council for final approval or adoption. Mr. Benetti further encouraged the Commission to consider the requests made by the public regarding when the light should be lit or turned off and also the length of time it must remain static particularly in the residential neighborhoods. Chair Rahn stated that most lights can be dimmed at night which would eliminate the detriment to the neighborhoods. Commissioner Parks stated normally these signs don't face the houses but rather face the street so they wouldn't be glaring unto a residential property. He added with dimming technology, they lights could be dimmed between 9 p.m. and 7 a.m. Mr. Benetti stated there is always ambient light coming from signs and even street lights. The standard was as long as the ambient light conditions do not exceed 0.3 foot candles, they would be allowed. It was the general consensus of the Commission to direct staff to further research the grandfathering-in issue, the time to turn the message off and the length of time a sign must stay static with further review by the Commission at the April 25, 2013 meeting. Page 6 4-11-13 ACTION TO RECOMMEND TABLING OF AN ORDINANCE AMENDING CHAPTER 34 (SIGNS) There was a motion by Commissioner Burfeind, seconded by Commissioner Christensen, to table an Ordinance Amending Chapter 34 (Signs). Voting in favor: Chair Rahn, Commissioners Burfeind, Christensen, Morgan, Parks and S chonning And the following voted against the same: None The motion passed unanimously. The Planning Commission will reconsider the ordinance amendment at its April 25, 2013 meeting. Page 7 4-11-13 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 28, 2013 Excerpts CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Randall Christensen, Benjamin Freedman and Carlos Morgan were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stephen Schonning was absent and excused. Michael Parks was absent and unexcused. APPROVAL OF MINUTES — FEBRUARY 14, 2013 There was a motion by Commissioner Christensen, seconded by Chair Rahn, to approve the minutes of the February 14, 2013 meeting as submitted. The motion passed. CHAIR' S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. DISCUSSION ITEMS - DISCUSS AND CONSIDER POSSIBLE RECOMMENDATIONS TO THE CITY COUNCIL IN AMENDING CITY CODE CHAPTER 34- SIGNS (ALLOWING DYNAMIC MESSAGE SIGNS IN PUBLIC AND SEMI-PUBLIC PLACES) Mr. Benetti reminded the Planning Commission that at the February 14, 2013 Planning Commission meeting, the following recommendations were made: 1.The Commission should provide a recommendation of support, and indicate what, if any measures or standards should be incorporated into any ordinance amendment. Moreover, if these signs are allowed in residential areas, the Commission should provide input as to what the potential impacts upon the residential neighborhoods may be, and discuss options, or specific methods and standards that could be included to limit any impacts; 2.the Commission should direct city staff to prepare language providing a new definition or land use term, similar to the other communities' ordinances, in regards to the "Public" and "Semi-Public" uses; 3. the Commission should discuss or determine if you support the possible expansion of DMS's in other zoning districts, and if so, what areas or districts deemed appropriate; Page 1 2-28-13 4: the Commission should recommend a desire to conduct a public input session on any proposed sign ordinance reforms, and specifically request a fully published and noticed public hearing. The Commission may direct Planning Staff on notice letters sent to specific groups or stakeholders, such as the local schools, churches, City licensed sign hangers/vendors, or others. He added the Commission generally supported the idea of allowing DMS type sign in the Public/Semi-Public places and the City Code should provide a new definition or classification of "Public" and "Semi-Public" places. The Commission also generally supported the idea of expanding DMS' to other districts but did not decide what districts would be appropriate. He added the Commission also discussed providing certain limitations such as message change intervals, which may need further study or consideration in order to be modified and the Commission raised a number of concerns on the brightness levels of these signs in public places. Mr. Benetti further explained it was agreed that the City should focus on limiting the brightness of these signs; possibly limit the size(s) of signs; and limit the changeable interval of messages especially if they are in residential zoned areas. Mr. Benetti stated by current ordinance standards, the level of brightness or illumination of light from an exterior light source, located in or next to a residential neighborhood, must not exceed 3 foot-candles, measured at the property lines (Sec. 36-712). Mr. Benetti pointed out the Planning Commission should discuss limiting the size of these dynamic message signs if they are located in a residential zoned district. He added the City Attorney suggested the Planning Commission consider limiting DMS standards to the same standards as allowed throughout the city on existing signs at schools and churches. Mr. Benetti added the Planning Commission should discuss limiting a different change rate or time interval for messages to change on signs in Public Places based on the fact the City allows these to be located in or near residential districts. He pointed out the City Attorney suggested the City consider limiting DMS to longer periods, may recommend signs are turned-off completely at a certain time of the day and activated at a set time, and could require the electronic messages be kept stationary for a longer period of time than the 2-second message interval currently allowed under the Sign Ordinance. Mr. Benetti explained staff is recommending consideration of the following: 1.Planning Commission supports allowing dynamic message signs to Public and Semi- Public Places; 2.Planning Commission supports allowing dynamic message signs to the Cl (Service/Office) and CIA (Service/Office) Districts; 3. Planning Commission recommends the City Council direct city staff to prepare language providing a new definition or land use term similar to the other communities' ordinances with regards to "Public" and "Semi-Public" uses; Page 2 2-28-13 4.Planning Commission recommends the City Council consider limiting the overall allowable size of any new DMS area or cabinet to no more than fifty percent (50%) of the maximum allowable signage provided for in the district where the sign is placed. 5.Planning Commission recommends the City Council consider specific [new] standards for any DMS in a residential area, including, but not limited the following: a.A DMS message must remain stationary or static for up to one hour or more; b.dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions, and said brightness; c.Sign brightness shall not exceed the industry standards of 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size; d.Any DMS located in a residential zoned district shall be turned off or programmed to go blank between the hours of 10:00 p.m. and 6:00 a.m. daily. 6. Planning Commission recommends the City Council direct the City Attorney to prepare a Draft Ordinance addressing these new reforms to the existing DMS provisions and standards found under City Code Chapter 34 — Signs, and that this item be sent back to Planning Commission for public input under an official, published public hearing process, whereby an official recommendation on the proposed Ordinance will be made and forwarded back to the City Council for final consideration. Mr. Benetti explained that a local sign company brought a lighted sign for the Commission's review to determine the light measurement when lit. He further explained staff prepared recommendations that could go to the City Council who will review and direct staff to work with the city attorney to draft language amending Chapter 34 of the city ordinances regarding sign. He added a formal recommendation would then be made by the Planning Commission to forward back to the City Council. Commissioner Christensen stated he lives on 69 th Avenue which is a County Road and there are at least three places where these signs would be allowed within a 12 block stretch. His concern is that most of these signs would be directly across the street from homes. Commissioner Freedman asked if other cities had complaints with these signs. Mr. Benetti replied that he has not heard of any complaints since most signs are in commercial zones. Commissioner Morgan arrived at 7:25 p.m. Chair Rahn stated that these signs are the way of the future and the city can anticipate more and more of these signs. He added he would like to see the technology made available while still protecting the neighborhood. He doesn't feel the issue will go away and we should figure it out. Commissioner Morgan asked if that these signs are for businesses why is this an issue? Page 3 2-28-13 Mr. Eitel clarified the discussion is regarding lighted signs in public and semi-public zoned areas to include churches, schools, libraries, city hall, etc. not commercially zoned properties where these signs are allowed. He added the discussion came up to take a look at how a school or church can change their old message board to take advantage of the new technology. He added generally these type locations use their signs to inform rather than advertise. Commissioner Morgan stated staff has done a good job with researching this and he feels it is a great opportunity to embrace the technology available. He feels the city should ask the Chamber how they feel and we should go with what they think is appropriate. Commissioner Christensen asked for clarification regarding how bright a sign can be. Mr. Benetti replied there are no brightness standards for signs but there is a lighting standard for new lighting for parking or a new development which cannot exceed 3 ft. candles at the property line. He further explained that if a light appears to be too bright, they could take a measurement and if it is determined it is too bright, they can ask it to be brought down. He added further that through this process, the city could require a limit to the brightness on signs. Commissioner Morgan asked for a demonstration on just how a light appears at certain illumes. Mr. Benetti replied at the request of the Commission a lighted sign was brought in and the sign is on display tonight at the entrance to City Hall. The sign was at 0.3 foot candle. There was further discussion and explanation by staff and the sign company regarding the signs, what makes them a DMS and how the lights and messages can be adjusted based on what a city requires. It was also explained how a Dynamic Message Sign operates including how the message part of the sign can be turned off and still keep the identification part of the sign lit. Commissioner Christensen stated he would like to see the ordinance amended in a way that protects the residential neighborhoods since that is where most of these uses are located. Commissioner Burfeind stated he feels these are primarily public uses that don't have any regulations regarding brightness for signs allowed and what is being proposed is more stringent than what is currently allowed in commercial areas. He feels the recommendations made by staff minimize the impact on the neighborhood which would allow the signs while limiting hours, size, brightness, etc. Councilmember Kleven asked if the Commission discussed different colors within the signs. Chair Rahn replied color was not addressed so much as brightness of the sign. The sign company explained the colors available are red, amber and multi-colored and the number of pixels determines the different colors. He further explained that you would not be able to read a message if the letters are multi-colored, however, with a design program a diagram could be inserted into the sign with many colors. Commissioner Morgan stated he doesn't feel the city should regulate colors. Page 4 2-28-13 Chair Rahn responded he's not sure that you could limit and regulate the amount of color in a sign. Mr. Benetti replied that the intent of a sign is to be read and if the mix of colors hinders that, a business would not use the mix of colors in a sign. He added he feels the majority of the signs will be an amber light on a black background. Commissioner Christensen stated he would like to see language defining the minimum allowed distance for a lighted sign from a residential property. He added he wants to make sure churches and schools do not place dynamic signs right on the shared property line. He also stated he would like to limit hours to turn off the DMS at 9:00 p.m. Mr. Benetti replied the 10:00 P.M. was based on city parks closing at 10:00 p.m. Chair Rahn added he feels allowing the DMS part of the signs to be turned on at 6:00 a.m. is too early and he would like to see it changed to 7:00 a.m. and turned off at 9:00 p.m. if in a residential setting. Commissioner Burfeind stated he agrees with the need to define a setback distance from residential properties for the DMS signs. Chair Rahn stated he agrees and would like to propose a number to Council. There was a motion by Commissioner Burfeind, seconded by Commissioner Morgan requesting the Council consider amending Chapter 34 of the sign ordinance regarding Dynamic Message Signs, and forward the statements of support and recommendation to the City Council noted as follows: 1. Planning Commission supports allowing dynamic message signs to Public and Semi- Public Places, with further recommendation the City Council direct city staff to prepare a draft ordinance to include the following measures: a.new definition or land use term similar to the other communities' ordinances with regards to "Public" and "Semi-Public" uses; b.limiting the overall allowable size of any new DMS area or cabinet to no more than fifty percent (50%) of the maximum allowable signage provided for in the district where the sign is placed. c. any DMS in a residential zoned district message must remain stationary or static for up to one hour or more; a.any DMS in a residential zoned district must have dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions, and said brightness, and said brightness shall not exceed the industry standards of 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size; b.any DMS located in a residential zoned district shall be turned off or programmed to go blank between the hours of 9:00 p.m. and 7:00 a.m. daily. c. A DMS in a public or semi-public place located in a residential district shall be placed or allowed no closer than 50-feet to 75-feet from an adjacent residential lot line. Page 5 2-28-13 2.Planning Commission was supportive of a further study to allowing dynamic message signs to the Cl (Service/Office) and CIA (Service/Office) Districts; 3.Planning Commission recommends the City Council direct the City Attorney to prepare a Draft Ordinance addressing these new reforms to the existing DMS provisions and standards found under City Code Chapter 34 — Signs, and that this item be sent back to Planning Commission for public input under an official, published public hearing process, whereby an official recommendation on the proposed Ordinance will be made and forwarded back to the City Council for final consideration. Voting in favor: Chair Rahn, Commissioners Burfeind, Christensen, Freedman, and Morgan. And the following voted against the same: None The motion passed unanimously. Page 6 2-28-13 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 14, 2013 Excerpts CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m. ROLL CALL Chair Sean Rahn, Commissioners, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Scott Burfeind, Randall Christensen, and Benjamin Freedman were absent and excused. DISCUSSION ITEM — DISCUSSION ON AMENDING CITY CODE CHAPTER 34- SIGNS REGARDING DYNAMIC MESSAGE SIGNS IN PUBLIC AND SEMI-PUBLIC PLACES Mr. Benetti explained the City Council was presented with a request to consider an additional Sign Ordinance reforms to allow dynamic message signs (DMS) for public and semi-public uses (i.e. churches, schools, city hall, etc.) with two basic questions for study: 1.Does the City Council wish to consider an amendment to the Sign Ordinance that would allow Dynamic Message Signs at Public and Semi-Public Places? 2.Does the City Council wish to have the Planning Commission review the Dynamic Message Sign Standards and its limited use to only the C-2, I-1, and 1-2 Districts? He added it was the consensus of the City Council to ask the Planning Commission to provide review and comment on Question No. 2. The Planning Commission discussed amending Chapter 34 at their January 31, 2013 meeting. Mr. Benetti explained the definition of a Dynamic Message Sign as "dynamic messages sign, "DMS" also known as a changeable message sign, variable message sign or other similar name is an electrical or electro mechanical sign on which a message may be placed which can be changes remotely or on site through hard wire or wireless communications". He added they arc only permitted only in the C2, I-1 and 1-2 Districts and must remain constant for at least two seconds when such sign is in use. Mr. Benetti pointed out Section 34-140; Subd. 3. D, provides standards for those signs allowed to "Public and Semi-Public Places (All Districts)", which are limited to the following: I. Churches, synagogues and temples may have the following signs: a. One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. Properties entitled to a second Page 1 2-14-13 freestanding sign may elect to erect a single freestanding sign not exceeding 72 square feet in area or 15 feet in height. b.One wall sign not to exceed 36 square feet. c.One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, or as a day care facility and is licensed by the Minnesota Department of Public Welfare. The sign area shall not exceed 10 square feet. 2. Other public and semi-public uses, including private clubs and lodges. a.Freestanding signs as specified above for churches, synagogues and temples. b.One wall sign, the maximum area not to exceed 36 square feet. Mr. Benetti pointed out the following concerns raised by the City Council and Planning Commission: •The perceived impacts these types of signs upon a residential neighborhood. •Most schools and churches in residential zones are allowed by means of a special use permit and must have access on a collector or arterial street. •What level of lighting or brightness would be acceptable for these signs in a residential neighborhood, how to measure their brightness or illumination levels, or a need to provide hours of operations. Mr. Benetti provided definitions for both public and semi-public places, picked from a select number of metropolitan communities' ordinances. He added some of these cities refer to these public properties or areas under the term of "Public Uses" and "Semi-Public Uses", which the Commission may wish to consider as part of any language amendments. Mr. Benetti explained the Council requested the Planning Commission provide review and comments on the second question, specifically the allowance of these DMS in other districts beyond the C2, I-1 and 1-2 zones. He added the most logical areas to expand DMS's would be in the Cl and CIA (Service/Office) Districts, however, most of the Cl and CIA zoned areas are situated along or near the Brooklyn Boulevard, which is a very busy and prime business corridor The Commission felt by expanding the opportunities to place these types of signs along this corridor, may detract from the overall appearance and aesthetic elements the new 2013 Brooklyn Boulevard Corridor Study. Benetti added if every business were to have a DMS along this corridor, it could present a noticeable distraction along this Brooklyn Boulevard corridor. Mr. Benetti stated the City Council is not requesting any significant changes to the current sign standards and if the Commission were to recommend allowing DMS in other zoning districts they may wish to consider recommending certain specific standards related to DMS, including (but not limited to) the following: •size limitations (DMS only cabinet size) •establishing or limiting brightness standards Page 2 2-14-13 6 message interval time-change o on/off time limits •consider adding a new Changeable Message Sign definition Mr. Benetti provided examples of various dynamic message signs already existing around the city at various schools and churches. Mr. Benetti provided a comprehensive definition of a changeable copy sign in the City of Bloomington's Sign Code and suggested this type of new language or a similar version be incorporated into the City Sign Ordinance and recommend to the City Council for consideration. Mr. Benetti explained the following options for the Planning Commission to consider: 1)The Commission should provide a recommendation of support, and indicate what, if any measures or standards should be incorporated into any ordinance amendment. Moreover, if these signs are allowed in residential areas, the Commission should provide input as to what the potential impacts upon the residential neighborhoods may be, and discuss options, or specific methods and standards that could be included to limit any impacts; 2)the Commission should direct city staff to prepare language providing a new definition or land use term, similar to the other communities' ordinances, in regards to the "Public" and "Semi-Public" uses; 3)the Commission should discuss or determine if they support the possible expansion of DMS's in other zoning districts, and if so, what areas or districts deemed appropriate; 4)the Commission should recommend a desire to conduct a public input session on any proposed sign ordinance reforms, and specifically request a fully published and noticed public hearing. The Commission may direct Planning Staff on notice letters sent to specific groups or stakeholders, such as the local schools, churches, City licensed sign hangers/vendors, or others. Mr. Benetti explained that following a discussion, Staff will prepare a report of findings and recommendations to present to the City Council for further consideration. Chair Rahn stated that expanding the zoning districts to allow these signs seems fair, however, limiting such signs in other areas seems unreasonable. Mr. Eitel replied that existing signs would be considered non-conforming, however, the ordinance could be amended to increase the message change from two seconds. Commissioner Parks stated that some of the existing signs appear brighter at night and can be very distracting from a faraway distance, and when the properties are surrounded by residential neighborhoods, it is an annoying distraction. He added the schools and public buildings seem to use different types of signs since they are used for identification and not used to draw people in. Page 3 2-14-13 Mr. Eitel summarized that it seems the Commission feels some of the signs can be distracting. Chair Rahn stated since the technology is available, there should be a way to allow the DMS in public places so they too can take advantage of the new technology. He added he feels inviting the public and vendors to a public hearing would be a good idea to get their input also. Commissioner Parks stated cities have done a good job of making the streets more pleasing to the eye and regulating this technology, keeps certain signs from getting out of control and keeps the neighborhoods more pleasing. Chair Rahn stated that regulations allowing/prohibiting these signs in public and semi-public, Cl and C2 areas should be further explored. Mr. Benetti replied that staff will meet with the city attorney regarding the regulations and use of Dynamic Messaging Signs in various zoning districts within the city. The City can limit the number and size of signs on a property but the freedom of speech amendment, does not allow cities to dictate what the signs display. DISCUSSION ITEM - REPORT AND UPDATE BY STAFF OF ON-GOING AND APPROVED DEVELOPMENTS AND ANTICIPATED PLANNING APPLICATIONS Mr. Benetti provided development updates in the city: •LA Fitness was recently approved. •The plans submitted for the Panda Express building did not meet the architectural standards approved for Shingle Creek Crossing and they will be back on the Planning Commission agenda soon with revised plans. •Howe Fertilizer site has been submitted to revise the original PUD from 2008 to upgrade to a 61,000 sq. ft. building. •4001 Lakebreeze Avenue has two new tenants; Omnicare and Medafor occupy approximately half of the building. •Luther Auto has acquired two parcels adjoining their property and will expand their PUD to allow for expanded and increased parking on their site. •Future hotel on a vacant pad site by the Embassy Suites and Earle Brown Heritage Center. •NW Family Services building is complete. There were no other discussion items. Page 4 2-14-13 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JANUARY 31, 2013 Excerpts CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:02 p.m. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Randall Christensen and Benjamin Freedman. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Randall Christensen, Benjamin Freedman, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. DISCUSSION ITEM — AN AMENDMENT TO CHAPTER 34, SIGNS, BY ALLOWING "DYNAMIC MESSAGE SIGNS" TO CERTAIN PUBLIC AND SEMI-PUBLIC USES LOCATED IN RESIDENTIAL DISTRICTS Mr. Benetti explained that staff had been approached by a sign company to install a dynamic message board sign at Evergreen Elementary School, 7020 Dupont Avenue N. He added the company was informed that these types of signs are prohibited in residential districts (which are typically where schools are located) and the company asked the City Council to consider an ordinance amendment to allow such signs for public or institutional type uses. Staff was also approached by a church with a similar request, however, these types of signs would not be allowed since the church is also located in a residential zoning district. Mr. Benetti further explained City Council was generally supportive of this request and directed staff to present the matter to the Planning Commission for formal consideration. He added DMS type signs are only allowed in the C2, I-1 and 1-2 districts and prohibited in all other districts. Benetti also stated that if a school or church were located in one of these peimitted zoning districts, a DMS would be allowed under the provisions of the Ordinance. Mr. Benetti added Public and Semi-Public Places should include uses such as schools, places of worship, city hall, the community center, Hennepin County library, and others, however, City Code is silent or absent of what exactly constitutes a "Public" or Semi-Public" use or place and when questioned, this determination is either made by the Zoning Administrator or City Council. Mr. Benetti stated the following modifications to the ordinance was suggested by a sign vendor: k. A dynamic messages sign "DMS," is permitted only in the C2, 1-1 and 1-2 Districts and for Public and Semi-Public Places in all Districts). A DMS is also subject to the all applicable requirements of Section 34 110.3.A of this Page 1 1-31-13 ordinance for the district in which such signs are placed. A DMS message must remain constant for at least two seconds when such sign is in use. A DMS within a residential zoned district or within 50 feet of a single family residence shall be turned off or ro • rammed to • o blank between the hours of 10 p.m. and 6 a.m. daily. All DMS shall be equipped with dimming technology that automatically adjusts their brightness in direct correlation with ambient light conditions. Mr. Benetti also stated City staff would also like the Commission to make a determination regarding keeping or adding the "technical" specifications to the standards below and may also consider allowing certain uses under the Cl (Service/Office) and CIA (Service/Office) Districts the ability to display DMS type signs: No DMS shall exceed 0.3 foot candles above ambient light as measured from a preset distance depending on sign size. Measurement distance shall be determined using the following equation: the square root of the product of the sign area and one-hundred. [Example using a 12 square foot DMS: 4(12 x 100) = 34.6 feet measuring distance.' Mr. Benetti stated staff requests the Planning Commission consider the proposal to allow dynamic message signs (DMS) in zoning districts other than the C-2, I-1 and 1-2 districts, specifically for Public and Semi-Public Uses/Places. He added the Commission should also consider a new definition of what a Public/Semi-Public Use or Place is, in order to provide clarification and applicability of future sign applications. Mr. Benetti further stated if the Commission chooses not to accept the proposal, City Staff will prepare a response to the City Council which rejects any sign code amendment at this time. He added the Planning Commission can also direct staff to address this item through the public hearing process at the February 28, 2013 meeting when a draft ordinance would be prepared for consideration. Chair Rahn asked for further clarification regarding the following suggested language: "A DMS within a residential zoned district or within 50 feet of a single family residence shall be turned off or programmed to go blank between the hours of 10 p.m. and 6 a.m. daily. CC Mr. Benetti explained the language provided was suggested by a sign vendor and he would be more likely to suggest if a DMS sign is allowed in any residential district, the sign must be turned off between 10 pm and 6 am and certain illumination standards would be required. Mr. Eitel explained City Council asked the Planning Commission's recommendation regarding defining public and semi-public uses and also what type of lighting signage could be allowed in residentially zoned areas. City Council is looking for advice and input from the Planning Commission as to how the ordinance could be amended. Page 2 1-31-13 Commissioner Christensen stated that in his neighborhood churches and schools are all surrounded by residential properties and allowing DMS signs will impact those neighborhoods. Mr. Eitel replied that Perry Avenue where Willow Lane Elementary is located is not a collector roadway. He added if such a sign were allowed, it should have been along the back side on Brooklyn Boulevard since signs to communicate to the public should be on the well-traveled roads and nit on the side streets. He further stated that when the Northwest Family Services building was constructed, access to the school on Brooklyn Boulevard was eliminated. Commissioner Rahn stated that this appears to be an issue of the signs catching up with technology since existing schools and churches may want to upgrade existing signs on their property. Commissioner Burfeind asked if there is a standard that dictates which street a sign should be placed. Mr. Benetti replied no; however, if a new school or church were to come in to the city, they would need to meet today's standards for placement of signs. Commissioner Parks stated that there is a certain feeling you get when you live in certain zoning districts and some of these lighted signs get very bright around residential areas. He feels it would be appropriate to have a public hearing to further discuss this. He added he does not know what 0.3 ft. candles looks like and he would like to know how bright that is. Commissioner Burfeind stated he would support these signs with more restrictions to a time frame when the signs would be turned off. He added he is hesitant to support allowing DMS signs in certain areas such as along Brooklyn Boulevard since that would be distracting and take away from the long range Brooklyn Boulevard vision. He added if the streetscape amenities continue in the Brooklyn Boulevard corridor it might not fit to have the DMS signs up and down Brooklyn Boulevard. Mr. Benetti replied that hypothetically, if a business in a C-2 zoned district wished to replace an existing allowable sign on that property, and Code allowed them an 80-sf. sized wall or pylon/cabinet type sign, they could replace that sign with a full-sized 80 sq. ft. DMS sign, unless certain restrictions were established or provided for under size limitation standards. Benetti stated other communities' ordinances have size limitations built-in to their ordinances, and he suggested this may be an item or point the Commission could consider. Commissioner Christensen stated that with the variety of signs located in the city, he feels there should be further discussion regarding Dynamic Messaging Signs and where they can be located as well as establishing restrictions. Commissioner Freedman asked if the concern is the annoyance to the neighbors or is a distraction to have the signs. Mr. Eitel confirmed the potential annoyance to neighbors was the concern of the Councilmember. Commissioner Freedman asked if other cities that allow these signs have received complaints. Mr. Benetti replied that information was not available but he could contact neighboring cities to determine if complaints have been received. He added there Page 3 1-31-13 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3401 — 3413 47 th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3401 —3413 47 th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of s 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 for a one building, 22-unit rental property. The property qualifies for a Type IV Rental License based on 52 property code violations (2.36/unit) and zero validated police nuisance incidents. The property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates and failed to complete security assessment and improvements. The property owner received a Type IV Rental License on January 14, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. In March 2013, Steven Scott Management was appointed as the Receiver for this property by Hennepin County Court Order. While the Receiver is authorized to perform routine management and maintenance of the property on behalf of the bank, the Receiver is not typically a long-term arrangement. Therefore, the capital improvement plan portion of the Mitigation Plan is not completed at this time. This receivership situation is not considered a change of ownership for rental license purposes. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust COUNCIL ITEM MEMORANDUM Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the legal authority is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. 04-19-2013 04-24-2013 05-01-2013 license approval activities: The owner, Phillip Scott Clover, applied for renewal of the rental dwelling license for 3401 — 3413 4-7 th Ave N, a one building, 22 unit rental property. The previous Type IV license expired. An initial rental inspection was conducted. 52 (2.36/unit) property code violations were cited, see attached rental criteria. A reinspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The property was posted as unlicensed. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. Current rental 02-25-2013 02-28-2013 03-07-2013 04-08-2013 04-08-2013 04-11-2013 04-16-2013 Prior Type IV Rental License approval activities: 02-27-2012 The previous rental license was revoked by the City Council (Resolution No. 2012-37). 08-10-2012 The Owner, Phillip Scott Clover, applied for renewal of the rental dwelling license for 3401 47 th Avenue North, a one building, 22 unit dwelling. 09-24-2012 An initial rental inspection was conducted. 103 property code violations were cited (4.68/unit), see attached rental criteria. 11-08-2012 A second rental inspection was conducted and failed. 11-08-2012 The property owner was notified of the $300.00 in reinspection fees owed for the failed inspection. 11-19-2012 A follow up inspection was conducted and passed with weather deferral items (painting of soffit and fascia). 11-19-2012 The owner paid the $300.00 in reinspection fees. 11-19-2012 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 11-30-2012 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2012 A Mitigation Plan was submitted. 12-27-2012 The Mitigation Plan was finalized. 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 01-08-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The tetins of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of 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 3+ units 0-0.75 3+ units Greater than 3 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater than 0 .75 but not more than 1 5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 Greater than 1 .5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units 3+ units COUNCIL ITEM MEMORANDUM b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0 25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Council Goals: Strategic: -We will ensure a safe and secure community -We will stabilize and improve residential neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the May 13, 2013 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 3401-3413 47 th Ave N - Receivership Court Order Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Phone: 763-569-3300 7TY 711 Fax: 763-569-3360 www.cityofbrooklyncenterorg 'MEIZEZIMMT --.1SESSINSMA.V4tfifiartfintehiSIVAQ-4W0 iMaSEMPIPSYr-W City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 APR i 9 2013 00floWsitilf0111 461#10.44.,,,,,,, - • 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. 2 Copy of Lease including Minnesota Crime Free Housing Lease AddendumRi3. Submit written report by 10 th °leach month (alter license approval). 1 R 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 of the lease or any addendums, 1 I Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City webslie 07 i ' t'''3'. graajWitifir f;'344:-.. Jtir ' . , - ZaTtiagirl.1..;44Yr*: : -14. ;..r.:17, . Property Address: 3401 & 3413 47th Avenue North, Brooklyn Center Owner Name: c ommers-Clover II, LLP Local Agent: Steven Scott Management, Inc. as Receiver Owner Address: 2575 W FiniewAvonas.50.4 250, Ramvite MN 65113 Agent Address: 640 Parkdala Drcw. SIM ZOO, St. icutt Pak MN awe Owner Phone: 651-638-0860 Agent Phone: 952-950-8600 Owner Email:sclover©roseprop.00m Agent Email: sschachtman@steven-soott.cotn Rental License: LI New li Renewal: Current *Pending License Expiration Date: E xpi red a 4'7 Type IV License Exp. Date: 8/3 OP r ix monthsmonths am current license ex !ration Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing complianee 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. •"-•-r•°, Phne 1 1 I I. Use written lease including Crime Free Housing Lease Addendum. Page 1 Type IV Mitigation Plan Rev 11-16-11 1' I I will have no repeat code violations previously documented within the past year. Li 11 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. r-7,1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 8126/10 (see attached) or Date Course Scheduled: Phase II .3 4147Date Scheduled: 4/25113 with Eric Sonnenberg Improvements to be completed by: 1,3 01-1 Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. For properties with four or more units: rs1,34',,,, • ,eff.E.‘13-714 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 reciuire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-This property is currently under Water Heater-a Cowl Appointed Receivership Kitchen Appliances-a Copy of the Court Order is attached. Laundry Appliances-The Receiver will conduct Exterior -Paint/Siding, fascia, trim appropriate inspections of the items listed. With the exception of health -Windows and safety issues other items to -Roof be considered will be done so -Fence based on the availability of -Shed capital funds end Court approval. -Garage -Driveway -Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other(s) Phase III 1/1 I will attend a minimum of 50% of the ARM meetings (two). j I will attend the ARM meetings scheduled for: .5*(4 j/3 ' 7 Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes 0 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. Implementing the following best practices may assist in the management of your property.ift checking the boxes below, you agree to: I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.II I Page 2 Type IV Mitigation Plan Rev 11-16-11 I111121 II For City Use —Mitigation Plan Approved By: Police Department / Title Bin !unity Standards Department / Title Date Date 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6 Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: S. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.ili 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 101h 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. r. a/Jr-71m a Jr) Pc-,‘ Owner or Agent Name and Title (Please Print) Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (f applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3401 — 3413 47TH AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3401-3413 47th Avenue N, was issued a Type IV Rental License on January 14, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3401 — 3413 47 th Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3401 —3413 47 th Avenue N, Brooklyn Center, MN. May 13, 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. . Feet, Conclusions or Law and Order Establishing a Limite Receivership, Dated: 7/2 7cdf.,___-• nton (#174.13 P,A, 5)r ielentx. , Suite 200 Woodbury, MN 551 ,25 Telephone: (651)-389-9923 Filed in Fourth Judicial District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN STATE OF MINNESOTA COUNTY OP HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Fannie Mae, a corporation organized, and existing under the laws of the United Statesl.or America, PIaintlff vs. Case Type: Forcolosure(ReceiverShip Court Pile No. V.-CV-134743. The Honorable WI L Diekstehi . STIPULATED FINDINGS OF FAO', Commers-Clover U , LLP, Anchor Bank, N.A., CONCLUSIONS OF LAW AND ORDER John Doe, Mary ROC, ABC Partnership and XYZ ESTABLISHING A: LIMITED Corporation, RECEIVERSHIP Defendant s. STIPULATION Plaintiff* Fannie Mae and Defendant Commers-Clover U, LLP, by and through their undersigned counsel-, stipulate and agree. that the Court may adopt the following. Findings or Timothy M. Kelley (#0303847) LEONARD, STREET AND DEINARD Professional AssaciatiOn 150 South Fifth Street. Suite2300 Minneapolis, MN 55402 Telephone: (612)-335-1500 Dated: -t 0(3 ATTORNEYS FOR DEFENDANT COMMERS-CLOVER II LLP 9001216v4 Filed in Fourth Judicial District Court 4112013 2:31:08 PM ! Hennepin County Civil, MN Based on the foregoing Stipulation, the Court makes the following: FINDINGS OF FACT The Parties.. 1.Plaintiff is a corporation organized and existing under the laws of the United States of America. 2.Defendant Corners-Clover II, LLP ("BetterWee) is a Minnesota limited liability partnership and its chief executive Office address is 2575 N. Fa rVieW Avenue, #250, Roseville., Minnesota 55113. The Property. 3.Borrower is the fee title owner of real property commonly known as 340.1 47th Avenue' North, Brooklyn Center, Minnesota 55422, which is legally described as Outiot 8, Ryan. Lake Terrace, Hennepin County, Minnesota, Torrens Certificate 1116334 (the "Property"). 4.The Property is not homestead property as defined in Mimi. Stat. 510,01 and is less than 40 acres. 5. The Property consists of apartment buildings with 22 residential units. The Mortgage Loan,. 6: On August 12, 2005, Borrower executed and deliver to Washington Mutual Bank, a federal association ("WaMul, a Promissory Note, together with a Prepayment Addendum to Promissory Note and Notirecourse/Limited Liability Addendum to Promissory Note (collectively, the "Note"), in the original principal amount of $984,000.00 (the "Loan"). 7.The Note was endorsed in favor of Plaintiff and Plaintiff is in possession of the Note, 8.On August 12, 2005, to secure its performance under the Note, Borrower granted WaMil a Mortgage, Security Agreement, Assignments of' Leases and Rents and Fixture Filing (the 9001216v4 Filed in Fourth Judidal District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN "Mortgage") covering Borrower's interest in the Property and all-of that additional property described in all .parts Of Sections 1 and 2 of the Mortgage (collectively, the "Mortgaaed Property" or the "Receivership Property"). 9,The Mortgage was registered with the Hennepin County Registrar of Titles on October 21, 2005, as Document No. 417004. 10,The FDIC, as the Receiver for WalVta, subsequently Assigned the Mortgage to Plaintiff, The Assignment was registered with the Hennepin County Registrar of Titles on May 21, 2012, as Document No. T4961080 11. The Note and Mortgage may hereafter be collectively referred to as the "Loan Documents." 12, Plaintiff is the holder and owner of the Loan Documents. Borrower's Moults. 13.Pursuant to Section 3 of the Note, Borrower agreed to make monthly principal and interest payments on the first day of each month in the amount of $5,550,06. 14.Pursuant to Section 4.9 of the Mortgage, Borrower agreed to pay before delinquency all taxes, assessments, encumbrances, charges and liens With interest on the Mortgaged Property. 15.Pursuant to Section 4.16 of the Mortgage, Borrower agreed to pay, on a monthly basis, such. sums as Plaintiff may from time to time estimate will be required to pay the next due taxes, assessments, insurance premiums and similar charges affecting the Mortgaged Property (the "Monthly Reserve Payments"). 16.As of February 1, 2013, the Borrower Monthly Reserve Payments for taxes equaled $4,420.62. 9001216v4 3 Filed in Fourth Judicial District Court 41112013 2:31:08 PM Hennepin County Civil, MN 17.An Event of Default occurs under the Note if Borrower fails to- pay any amount payable Within 15 days after it i8 due. 18.An Event of Default Occurs under the Mortgage if llorrOVvet is in default to the Note or Borrower defaults in performance of any covenant or agreement contained in the Mortgage. 19. Borrower is in default of the Loan Documents because Borrower failed to make the monthlyprineipal and interest payments and Monthly Reserve Payments due on August I, 2012, and each month thereafter, As of December 21, 2012, the total amount of Borrowers. default in Monthly principal and interest payments and Monthly Reserve Payments equaled $49,853,40. Plaintiff's Remedies Under the Lean Doeuments. 20, Pursuant to Section 5.3(a) of the Mortgage ; upon an Event of Default, Plaintiff has the right to declare the entire indebtedness owed under the Loan Documents immediately due and payable. .2.1. On August 17, 2012, Plaintiff gave Borrower written notice of acceleration of the indebtedness. 22. As of DeCember 21, 2012„ exclusive of certain third party fees and expenses and other amounts due and owing under the Loan Documents, Borrower ()We's under the Loan Documents at least the folio-wing amounts: Principal:$ 882,096.25 Interest at the non-default interest rate:$ 23,059.96 Additional interest at the default interest rate:$ 15,416.68 Late Charges:$ 3,988.24 Tax Advance:$ 27,093.78 repayment Premium:$ 120,269.69 Unapplied Funds:$ (4,786.73) Total (exclusive of certain third party fees and expenses):$1,067,157.87 9001216v4 4 Filed in Fourth Judicial District Court 41112013 2:31:08 PM . Hennepin County Civil, MN : 23. Pursuant to Section 5.3(d) of the Mortgagee, upon an Event of Default, Plaintiff is entitled to the appointinent of a Receiver and Borrower consented to the appoiritmerit. CONCLUSIONS OF LAW 1, Borrower is in default wider the Loan Documents, 2.As a result of Borrower's defaults and pursuant to the terms of the Mortgage, Minn. Stat. §§ 559.17, 576.25, subd. 6 and Rule 137,02 of the Minnesota General Rules of Practice, Plaintiff is entitled to the immediate appointment of a receiver to operate and manage the Receivership Property. 3.Pursuant to Minn. Stat. § 576,24, this Order establiShes a Limited Receivership, 4.Steven Scott Management, Inc. is hereby appointed as the receiver (the "Receiver") of the Receivership Property, 5.Pursuant to Minn. Stat. § 576.26, subd. 2, the Receiver is qualified to serve as a receiver and as an officer of the Court for the following reasons: (A)The Receiver has been appointed and served as a receiver in additional cases; (B)The Receiver has the ability to post the bond in the amount requested by Plaintiff; (C)Neither the Receiver nor any of its officers, directors or employees has ever been disqualified from serving as a receiver; (D)Neither the Receiver nor any of its officers, directors or employees has ever been convicted of a felony or other crime involving moral turpitude; and (E) Neither the Receiver nor any of its officers, directors or employees has ever been found liable in a civil court for fraud, breach of fiduciary duty or civil theft. 6. Pursuant to Minn. Stat, § 576.26, subd. 3, the Receiver demonstrated that it is independent as to the parties and the underlying dispute for the following reasons: 9001216v4 5 Filed in Fourth Judicial District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN (A)Neither the Receiver nor any of its officers, directors or employees is a family member of a party to he action, or an officer, director, employee or owner Of or controls A party to the action; (B)Neither the Receiver nor any of its officers, directors or employees has any interest materially adverse to the interests of any of the parties; (C)Neither the Receiver nor Zany of its officers, directors or employees has any financial or pecuniary interest, other than receivership compensation allowed by court order, in the outcome of the underlying dispute, including any proposed contingent or success fee compensation arrangement; and (D)Neither the Receiver nor any of its officers, directors or employees is a debtor, secured or unsecured creditor, lienor of, or holder of any equity interest in, any of the parties to the action of the receivership property. ORDER 1.the Receiver is hereby authorized to manage and operate the Receivership Property during the pendency of this litigation, any period of redemption, or until further order of this Court. 2.The Receiver is required to post a bond in the amount of $30,000,00. 3, The Receiver is entitled to be paid without prior Court approval a fiat fee of $2,500.00 per month for its services as a Receiver and mileage will be billed at $0.5650 per mile, 4. In accordance with Minn. Stat. § 576.25, subd. 5(d), the Receiver must collect the rents, profits, and all other income of any kind of the Receivership Property. After providing for payment of its reasonable fees and expdnses, to the extent possible and in the order determined by the Receiver to preserve the value of the Receivership Property, the Receiver must: (A) manage the Receivership Property so as to prevent waste; (3 ) execute contracts and leases within the period of the Receivership, or beyond the period of the Receivership if approved by the Court; (C) pay tenant security deposits as required by Minn. Stat. § 504B,178; 9001216v4 6 Filed in Fourth Judicial District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN ! (D)pay prior or current teal estate taxes or special assessments when clue with respect to the Mortgaged Property or the periodic escrow for the payment of the taxes or special assessments; (E)pay when due premiums for insurance of the type required by the Mortgage or the periodic escrow for the payment of the premiums; (F) pay all expenses for normal maintenance of the Mortgaged Property; and (0) perform the terms of the Assignment of Rents set forth in the Mortgage. 5.To the extent the proceeds collected by the Receiver from the Receivership Property are insufficient to pay such expenses, the Receiver may request that Plaintiff , advance funds necessary to pay expenses of the Receivership Property. Plaintiff may, at its sole option, make such advances. Such sums advanced must be secured with the full benefit of the original priority of the indebtedness evidenced by the Loan Documents. Interest on all sums so Advanced must accrue from the date such advances are made, at the same rate of interest as the indebtedness in the Loan Documents, and must be part of the amount due pursuant to those documents. If such advances are made after a foreclosure sale, they must also accrue interest and must be part of the sum required to be paid to redeem from the foreelosure sale, The Receiver must use said advances in accordance with Paragraph 4 above. 6.The Receiver has all of the powers and authority usually held by receivets in a Limited Receivership pursuant to Minn. Stat. Ch. 576 and reasonably necessary to accomplish the purposes stated herein, including, but not limited to, the following powers which, unless otherwise stated, may be exercised without further order of the Court: (A)to collect, control, manage, conserve and protect the Receivership Property; (B)to incur and pay expenses incidental to the Receiver's exercise of the powers or otherwise in the performance of the Receiver's duties; 900121614 7 Filed in Fourth Judicial District Court . 41112013 2:31:08 PM Hennepin County Civil, MN (C)to assert rights, Claims, causes of actions, or defenses that relate to the Receivership Property; (D)to enter upon and take charge, possession, and control of the Receivership Property and its rents, issues;, and profits, and any and all personal property used or associated therewith, regardless of where such property is located, indluding, but not limited to, rental payments, lease payments, bank accounts, security deposits, records, • contracts, leases, tent rolls, accounts receivable, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated therewith; (E)to take and maintain possession of all documents, books, records, papers, and accounts related to the Receivership Property; (F)to exclude Borrower and its agents, servants, and employees wholly from the Receivership Property; (G) to make repairs and alterations to the Receivership Property; (1-1) to complete any construction or repair of the Receivership Property, with such changes, additions, or modifications of the plans and specifications or intended disposition and use of the Receivership Property as Plaintiff may in its sole discretion deem appropriate or desirable to place the ReceiverShip Property in such condition as will, in Plaintiff's sole discretion, Make it or any part thereof readily marketable or rentable; (1) to collect in a timely fashion any rents, payments, or profits now due or which nay hereafter become due from tenants or other users of the Receivership Property and to immediately take whatever steps are reasonably necessary to secure these rents; (J)to evict tenants and occupants and repossess personal property as provided by law for breaches of the conditions of their Leases; (K)to commence, continue, settle or otherwise terminate legal proceedings relating to the Receivership Property, including, without limitation, proceedings to evict tenants, to regain possession of the Receivership Property or parts thereof, and to collect rents or other sums due on account of the Receivership Property. Provided, however, that the receiver shall not take any action that is inconsistent with the Mortgage hereto and further that prior to settling any matter, the Receiver shall obtain Plaintiff's approVal; (L) to establish a bank account(s) in the name of the Receiver and to deposit all sums collected by the Receiver in said bank account(s) in the name of the Receiver and to make withdrawals from, and issue checks, upon the bank account(s); 9001216v4 8 Filed in Fourth Judicigl District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN to conduct a marketing or leasing ritogitam with reSpect to the -Receivership Property or employ a marketing of leasing agent or agents to do so, directed to the leasing or sale of the Receivership. Property under such terms and conditions as Plaintiff may in its sole discretion deem appropriate or desirable.; to negotiate, extend, terminate, modify, renegotiate, ratify or enter into leases under such terms .and -conditions as Plaintiff may in its sole discretion deem appropriate or desirable; (0) to negotiate, extend, terminate, modify, renegotiate or enter into contracts, including, without limitation, contracts to provide security, janitorial, leasing, utility and other services to the Receivership Property and to pay for those services as an expense of the Receivership Property; to hire or terminate employees, contractors, or agents in connection with the operation of the Receivership Property including, without limitation, present or future managers, leasing agents, and brekers,. including without limitation individuals or entities which may be affiliated with the Receiver, and to pay said employees, contractors or agents as an expense of the Receivership Property; to employ such contractors, subcontractors, materialmen, architects, engineers, consultants, managers, brokers, marketing agents, or other employees, agents; independent contractors or professionals, as Plaintiff may in its sole discretion deem appropriate or desirable to implement and effectuate the rights and powers herein granted; (R)to contract for capital improvements which may be necessary to protect the value of the Receivership Property; . (S)to exercise all rights of the owner of the Receivership Property with respect to all associations relating to the Receivership Property, including voting and sitting on the governing board at such associations and having access to all books and records of such associations; (T)to execute and deliver, in the name of Plaintiff as attorney-in-fact and agent of Borrower or in its own name as Plaintiff, such documents and instruments as are necessary or appropriate to consummate authorized transactions; (U)to do any acts which Plaintiff in its sole discretion deems appropriate or desirable to protect the security of the Receivership Property and use such measures, legal or equitable, as Plaintiff may in its sole discretion deem appropriate or desirable to implement and effectuate the provisions of the Loan Documents; (M) (N) (P) (Q) 9001216v4 9 Filed In Fourth Judicial District Cdurt 4/1/20132:31:08 PM Hennepin County Civil, MN (V)to pay prior obligations incurred by the Borrower or others responsible for the Receivership Property only if deemed necessary for the tontiritied. operation Of Receivership Property; (W)to seek and obtain instiubtiori from the Court with respect to any matter relating to the ReceiverShip Property, the exercise of the Receiver's powers, or the performance of the Receivers duties. 7. Immediately upon its appointment, the Receiver must deliver to the tenants or other occupants of the Receivership Property: (A)a copy of this Order; (B)written notice that all tenants and occupants shall thereafter pay all rents or other amounts due to the Receiver; and (C) written notice instructing the, tenants and other occupants of the Receivership Property that until the Receiver is discharged by the Court, all decisions relating to the management of the Receivership Property will be made by the Receiver and int by all defendant or independent contractor or agent previously authorized by any defendant to manage the Receivership Property. 8. In accordance with Minn. Stat. § 576.31, Borrower must: (A)assist and cooperate fully with the Receiver in the administration of the Receivership and the Receivership Property and the discharge of the Receiver's duties, and comply with all orders of the Court; (B)immediately upon the Receiver's appointment, deliver to the Receiver all of the Receivership Property in the Borrower's possession, custody or control, including but not limited to, all books and records, electronic data, passwords, access codes, statements of accounts, deeds, titles or other evidence of ownership, financial statements, and all other papers and documents related to the Receivership Property; (C)supply to the Receiver information as requested relating to the administration of the Receivership and the Receivership Property, including information necessary to complete any reports or other documents that the receiver may be required to file; and (D)remain responsible for the filing of all tax returns, including those returns applicable to periods which include those in which the Receivership is in effect. 9001216v4 10 Filed in Fourth Judicial District Court 4/1/2013 2:31:08 PM Hennepin County Civil, MN 9.Any and all payments advances, accounts, tenant deposits, rents, royalties, deposits or other income in the possession of Borrower, its employee-s r agents, representatives; and contractors, in connection with the operation of the Receivership Property on the date of this Order must be turned over to the Receiver immediately: Any and all payments, advances, rents, royalties, deposits or other income received by Borrower, its employees, agents, representatives and contractors, in connection with the operatiens of the Receivership Property after the date of this Order must be held in trust for the Receiver, including, but not limited to, security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts ; revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Borrower may have that in any way pertain to or are on account of the use of occupancy of the whole or any part of the Receivership Property (all referred to as "Rents") Must not be negotiated, and must be turned over to the Receiver in the original form in which they were received (i.e., cash, check, money order or otherwise) within (48) hours of receipt, 10.Borrower must cause its employees, agents and contractor to endorse and deliver to the Receiver all existing teases, subleases, licenses, guaranties and any other agreements for the use and occupancy of the Redeivership Property, including any extensions, renewals modifications or replacements (all referred to as "Leases"). All Rents kerning from the Receivership Property after the date of this Order must be collected by the Receiver. 11. If Borrower fails to deliver any of the above-referenced documents and things to the Receiver, the Sheriff of Hennepin County may seize all of the above-referenced documents and 9001216v4 11 Filed In Fourth Judicial District Court• 4/112013 231:08 PM Hennepin County Civil, MN • things. If any of the above-referenced documents and things are concealed in a building or elsewhere, including within any building on the Receivership Property, the Sheriff may cause the building or enclosure to be broken open and may take the property therefrom. A representative of the Receiver and the Plaintiff may accompany the Sheriff to assist the Sheriff hi identifying the documents and things that are the subject Of this Order. 12.Borrower, itS employees, agents, representatives and contractors are enjoined from collecting any Rents from the Receivership Property and are ordered to direct tenants and other persons liable for any Rents to pay all Rents to the Receiver, 13.Upon receipt of .a copy of this Order, all tenants or occupants of the Receivership Property are hereby directed to pay all Rents directly to the Receiver. 14.Borrower, its employees, agents, repreSentatives, and contractors arid/or any tenant or other occupant of the Receivership Property must allow the Receiver, Plaintiff or any appraiser, inspector, contractor, or other similar person selected by Plaintiff or the Receiver full access to the Receivership Property upon production of a copy of this Order, 15.To represent or assist the Receiver in carrying out the Receiver's duties, the Receiver, pursuant to Minn. Stat. § 576.32, may employ attorneys, accountants, appraisers, auctioneers, and other professionals that do not hold or represent an interest adverse to the Receivership. The Receiver does not need to Obtain the Court's prior approval for the retention of professionals. Any professional to be retained must provide the Receiver with a disclosure of any potential conflicts of interest, and the professional or the Receiver must file with the Court a notice of the retention and of the proposed compensation. Any party in interest may bring a motion for disapproval of retention within 21 days after the filing of the notice of retention. 9001216v4 12 Filed in Fourth Judicial District Court 4/1/2013 2:31;08 PM Hennepin County Civil, MN 16, The Receiver, in accordance with Minn. Stat.. § 576,36, subd. 2, must file interim reports on quarterly basis addressing: (A)the activities of the Receiver since the last repcirt; (B)cash receipts - and disbursements, in -chiding payntents made to professionals retained by the Receiver; (C)receipts and dispositions of Receivership Property; and (D)other matters. 17.The Receiver must file the Interim Reports with the Cort and serve the Interim Reports by mail on any named party who has appeared in the case and on any party in interest who has filed allotice of Appearance pursuant to Minn, Stat. § 576.35, subd. 1. 18.Within 21 of service of an Interim Report, any person wishing to object to the Interim Report must serve and file a written objection. The failure to timely file and serve a written objection will constitute a waiver of objection to matters addressed in the Interim Report. If a written objection is timely filed, the Receiver, the party objecting Or any other party in intereSt may schedule a hearing with the Court to rule on the objection. 19.From time to time, in accordance with Minn. Stat. § 576.35, the Receiver Must file an updated master service list consisting of the names, mailing addresses, and, where available, fax numbers and e-mail addresses of Borrower, the Receiver, all persons joined as parties in the Receivership, all persons known by the Receiver to have asserted any ownership or lien in the Receivership Property, and all persons who have filed a notice of appearance in accordance with Minn. Stat. §576.35, subd. 1, 20.Pursuant to Minn. Stat. § 576.38, upon distribution of all Receivership Property or the completion of the Receiver's duties, the Receiver must file a final report and must request that the Court approve the final report and discharge the Receiver. The final report, which may 9001216v4 13 Filed in Fourth Judicial District Court 41112013 2:31:08 PM Hennepin County Civil, MN incorporate by referenee interim reports, Must include, in addition to any matter's required by the Court: (A)a description of the activities of the Receiver in the conduct of the Receivership; (B)a schedule of all Receivership Property at the commencement Of the Receivership and any Receivership Property added thereafter; (C)a list of expenditures, including all payments to professionals retained by the Receiver; (D)4 list of any unpaid expenses incurred during the Receiver ship.; (E)a list of all dispositions of Receivership Property; (F)4 list of all distributions made or proposed to be made; and (0) if not done separately, a motion or application for approval of the payment of fees and. expenses of the Receiver. The Receiver must give. notice of the filing of the final report and request for discharge to all persons who have filed notices of appearance. If there is no objection within 21 days, the Court may enter an order approving the final report and discharging the Receiver without a hearing. 21. This Order will take effect at the time and date reflected in the fourth Judicial District date and time stamp. LET JUDGMENT BE ENTERED ACCORDINGLY BY THE COURT: Dated: Mel I. Dickstein Judge of District Court 9001216v4 14 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6331, 6401, 6425 Beard Avenue North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6331, 6401, 6425 Beard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The property qualifies for a Type IV Rental License based on 75 property code violations (2.08/unit) and one validated police nuisance incident. Also, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates and failed to complete security assessment and improvements. The property owner received a Type IV Rental License on January 14, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. In March 2013, Steven Scott Management was appointed as the Receiver for this property by Hennepin County Court Order. While the Receiver is authorized to perform routine management and maintenance of the property on behalf of the bank, the Receiver is not typically a long-term arrangement. Therefore, the capital improvement plan portion of the Mitigation Plan is not completed at this time. This receivership situation is not considered a change of ownership for rental license purposes. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. 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 Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance The following is a brief history of the license process actions. license approval activities: The owner, Phillip Scott Clover, applied for renewal of the rental dwelling license for 6331, 6401, 6425 Beard Ave N, a three building, 36 unit dwelling. The previous Type IV license expired. An initial rental inspection was conducted. 75 (2.08/unit) property code violations were cited, see attached rental criteria. The property was posted as unlicensed. A phone conversation and email 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 reinspection was conducted and passed. City records indicate one validated police incident/nuisance calls occurred in the past twelve months (11/26/12 burglary). A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. Current rental 02-25-2013 02-28-2013 03-19-2013 04-15-2013 04-17-2013 04-22-2013 04-22-2013 04-29-2013 04-30-2013 05-06-2013 Prior Type IV Rental License approval activities: 02-27-2012 The previous rental license was revoked by the City Council. (Resolution No. 2012-37). 08-10-2012 The Owner, Phillip Scott Clover, applied for renewal of the rental dwelling license 6331, 6401, 6425 Beard Ave N, a three building, 36 unit dwelling. 09-25-2012 An initial rental inspection was conducted. 278 property code violations were cited (7.72/unit), see attached rental criteria. 10-30-2012 A second rental inspection was conducted and failed. 11-08-2012 A follow-up inspection was conducted and failed. 11-09-2012 The property owner was notified of the $1,300 in reinspection fees owed for the failed inspections. 11-09-2012 The owner paid the $1,300 in reinspection fees that were owed for the property. 11-19-2012 A follow up inspection was conducted and passed with weather deferral items (painting of siding, soffit and fascia, restriping and filling in potholes in parking lot, and providing appropriate ground cover around the buildings). 11-19-2012 City records indicate two validated police incident/nuisance calls occurred in the past twelve months (08-08-12 theft and 11-26-12 burglary). 11-30-2012 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-17-2012 A Mitigation Plan was submitted. 12-26-2012 The Mitigation Plan was finalized. 01-08-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 14, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation 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 plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Number of Units Category No Category Impact 3-4 units 5 or more units 1-2 0-1 0-0.25 0-0.35 Decrease 1 1-2 Category 3-4 units 5 or more units Decrease 2 1-2 Categories 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Greater than 3 Greater than 1 Greater than 0.50 COUNCIL ITEM MEMORANDUM • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the May 13, 2013 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 3401-3413 47 th Ave N - Court Order Regarding Receivership Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Section B— Required Documents . .Submit the following documents with the Mitigation Plan for approval: ,City of Brooklyn Center 6301 Shingle Creek ParkwayBrooklyn Center, MN 55430-2199 APR 2 9 2013 Phone: 763.569-3360 rty 7.11 Fox: 763-569-3360 t,,,iviv,cityolbtooklipicenter.oro Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use jillable farm on City website. Section A— Propetly Information Property Address: 6331, 6401 and 6425 Beard Avenue North, Brooklyn Center Owner Name: Commers Clover II, LLP Local Agent:- Steven Scott management, Inc. as Receiver Owner Address: N FAr,,c-,7 Avr ._,7, Soln 2Y.I.R(es±oW )AN V.:,113 Agent Address: 542 1%,Ader OrNr S;litt WI, St Lcu..-, P.1"x, MN 55416 Owner Phone: 652-638-0860 Agtlfi Phone: 952-540-8600 Owner Email''sclover@roseprop.com Auent I• mail:- - • sschachtman@steven-scott.com Rental License: I New I /Renewal: Currel I license Expiration Date: 74 44' l2 Pending (Six months TypeType IV License Exp. Date: °I / 3.° le 7 .34" front current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of die 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 onr ,oing,complianee with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identiry 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. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10'1 ' of each month (after license approval). Section C— Crime Free Housing Prograni Requirements Sc I I. Use 'written lease including Crime Free I lousing 1.case Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I Pursue the eviction of tenants who violate the terms oldie lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 I s/ H I Date Scheduled: 4124 /13 Improvements to be completed by: 724 (.44-10 H IPhase III I Will attend a minimum of 50% (tithe ARM meetings (two). I will attend the ARM meetings scheduled for: (3 3Y9 I I will conduct resident training annually that includes crime prevention techniques. I I will bold ieguku I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Section E — Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: IIl /I Page 2 Type IV Mitigation Plan Rev 4. Attend City approved eight hour Crime Free (lousing course. Date Course Completed: g 2-6 11,0 o r Date Course Scheduled: H I Phase If t= Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Do these two meeting dates occur before the "Pen/ing 7 .Vpc Lieen Yesse expiration date? No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: Section 1.)— Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding . should be considered accordin g ly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will re( uire earlier corrections. Date Last Replaced Estimated Replacement Date iti property is currently orderFurnace/AC- Water Ileater-a cx..: n Appointed Receivership Kitchen Appliances-a copy 0 PIE` CC.1,1 On:4n if., sus,nss. Laundry Appliances-The Roccii-or MI conduct Exterior -Paint/Siding, fascia, trim aprgaromoAspau.oN 0 the Cerne road With the excerkz.n Of nesTh -Windows and sarciy issue* other items to -Root'be Considered will be done so -Fence bssnd on du, aimilabhly of -Shed vita" funds ord Court approval.-Garage -Driveway -Sidewalks Smoke Alarms & Carbon Monoxide Alarms Other(s) & JO, 11 C Plan Approvs. unity Standards Department / Title qi Date Date Police Department I Title 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6 Install security system. 7. Provide maintenance service plan for appliances. Name ofservitte co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9.Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I O 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 verily that all information provided above is true arid accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license, review may result.. Steven C. Schachtrnan, Principal Owner or Agent Name and Title (Please Print) 4/18/13 Owner or Agent Signature Date Additional Owner or Agent Name and Title (if -applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-1641 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6331, 6401, 6425 Beard Avenue North WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6331, 6401, 6425 Beard Avenue North, was issued a Type IV Rental License on January 14, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6331, 6401, 6425 Beard Avenue North, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6331, 6401, 6425 Beard Avenue North, Brooklyn Center, MN. May 13, 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. Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT Judge Edward T. Wahl FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ESTABLISHING A LIMITED RECEIVERSHIP Court File No. 27CV13-1050 COUNTY OF HENNEPIN JPMorgan Chase Bank, N.A., Plaintiff, V. Commers-Clover II, LLP, Phillip Scott Clover, individually, Fred H. Commers, individually, Alliance Bank, f/k/a F & M Alliance Bank, Anchor Bank, N.A., John Doe, Mary Roe, ABC Partnership, and XYZ Corporation, Defendants. This matter came before the Honorable Edward T. Wahl, Judge of Hennepin County District Court, on March 5, 2013, on Plaintiffs motion for appointment of a receiver. Timothy M. Kelley, Esq. appeared for and on behalf of Plaintiff. Jack W. Clinton, Esq. appeared for and on behalf of Defendants Commers-Clover H, LLP, Phillip Scott Clover, and Fred H. Commers. Based upon the entire file, records, and proceedings herein, the Court makes the following: FINDINGS OF FACT The Parties. 1.Plaintiff is a national banking association organized and existing under the laws of the United States. Its main office is located in Columbus, Ohio. 2.Defendant Commers-Clover II, LLP (the "Borrower") is a Minnesota limited liability partnership and its chief executive office address is 2575 N. Fairview Avenue, #250, Roseville, Minnesota 55113. 1 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN The Property. 3.Borrower is the record owner of fee title to the real property commonly known as 6331, 6401 and 6425 Beard Avenue N., Brooklyn Center, Minnesota 55429, which is legally described as: Tracts A, F and G, Registered Land Survey No. 838, Hennepin County, Minnesota, TotTens Certificate No. 864404. (the "Property"). 4.The Property is not homestead property as defined in Minn. Stat. § 510.01 and is less than 40 acres. 5.The Property consists of an apartment building with thirty-six (36) units. The Mortgage Loan. 6.On or about October 4, 2007, Borrower executed and delivered to Washington Mutual Bank, a federal association ("WaMu"), a Promissory Note, together with a Prepayment Addendum to Promissory Note (collectively, the "Note"), in the original principal amount of $1,382,000.00 (the "Loan"). 7.On or about October 4, 2007, to secure its performance under the Note, Borrower granted WaMu a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the "Mortgage") covering the Borrower's interest in the Property, and all of that additional property described in all parts of Sections 1 and 2 of the Mortgage (collectively, the "Mortgaged Property" or the "Receivership Property"). 8.The Mortgage was registered with the Hennepin County Registrar of Titles on November 1, 2007, as Document No. 4442081. 9. The Note and Mortgage may hereafter be collectively referred to as the "Loan Documents." Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 10.Plaintiff is the holder and owner of the Loan Documents by virtue of that certain Purchase and Assumption Agreement Whole Bank among Federal Deposit Insurance Corporation, receiver of Washington Mutual Bank Nevada, Federal Deposit Insurance Corporation and Plaintiff, dated as of September 25, 2008. Borrower's Defaults. 11.Section 3 of the Note provides: Beginning on December 1, 2007 (the "Initial Monthly Payment") and on the same day of each and every calendar month thereafter throughout the term of this Note (the "Monthly Payment Dates"), Borrower shall make monthly payments of principal and interest (the "Monthly Payment Amounts") to Lender as provided below. Each Monthly Payment Amount will be calculated on the basis of an amortization period (the "Amortization Period") of 360 months ending on the date that is that number of months after the day that is one month before the Initial Payment Date. (a)Beginning on December 1, 2007 the Monthly Payment Amount shall be $8,455.36 for each month prior to the Initial Payment Change (as defined in subparagraph (b) below). (b)The Monthly Payment Amount shall be adjusted beginning on December 1, 2014 (the "Initial Payment Change Date"), and on the same day of every sixth month thereafter, to an amount sufficient to fully repay the unpaid principal balance of this Note, together with interest at the Note Rate as most recently adjusted prior to the applicable Amortization Adjustment Date (as defined below), by the end of the Amortization Period in substantially equal installments. Each date on which the Monthly Payment Amount will be adjusted pursuant to this Section 3 is referred to as an "Amortization Adjustment Date"). 12. Pursuant to Section 4.6 of the Mortgage, Borrower agreed to comply in all material respects with all laws, statutes, ordinances, rules, regulations, licenses, permits, approvals, orders, judgments and other requirements of governmental authorities relating to the Mortgaged Property or Borrower's use thereof, and to comply with all requirements necessary to the continued existence and validity of all rights, licenses, permits, privileges, franchise and concessions relating to any existing or presently contemplated use of the Mortgaged Property, Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN including but not limited to any zoning variances, special exceptions and conforming use permits. 13.Pursuant to Section 4.9 of the Mortgage, Borrower agreed to pay before delinquency all taxes, assessments, encumbrances, charges and liens with interest on the Mortgaged Property. 14.Pursuant to Section 4.16 of the Mortgage, Borrower agreed to pay, on a monthly basis, such sums as Plaintiff may from time to time estimate will be required to pay the next due taxes, assessments, insurance premiums and similar charges affecting the Mortgaged Property (the "Monthly Reserve Payments"). 15.As of December 1, 2012, the Borrower's monthly and principal interest payment equaled $8,455.36. 16.As of December 1, 2012, the Borrower's Monthly Reserve Payment for real estate taxes equaled $7,597.18. 17.Pursuant to the terms of the Note, an Event of Default occurs if Borrower fails to pay any amount payable under the Note within 15 days after it is due or Borrower fails to keep any covenant of the Mortgage. 18.Pursuant to the terms of the Mortgage, an Event of Default occurs if Borrower fails to pay any amount payable under the Note within 15 days after it is due or Borrower defaults in performance of any covenant or agreement contained in the Mortgage. 19. Pursuant to the terms of the Mortgage, an Event of Default occurs if Borrower fails to perform its obligations under any other covenant or agreement contained in the Mortgage, the Note, any other Loan Documents, or the Indemnity Agreement, which failure continues for a period of 30 days after written notice of such failure by Lender. 4 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 20.Plaintiff sent the Borrower a notice, dated October 12, 2012, notifying the Borrower that the Loan was in default because the City of Brooklyn Center had revoked, suspended, terminated or not renewed the Borrower's rental license. 21.Borrower is in default of the Note and Mortgage because Borrower failed to make the monthly principal and interest payments and Monthly Reserve Payments due on August 1, 2012, and has remained delinquent in the Borrower's payments thereafter. As of December 1, 2012, the total amount of Borrower's default in monthly principal and interest payments and Monthly Reserves payment was $80,262.70. 22.Borrower is in default for failing to maintain its rental license for the Mortgaged Property. 23.Pursuant to the terms of the Note, upon an Event of Default, Borrower agreed to pay a late charge and agreed that interest would begin to accrue at the Default Rate. Plaintiff's Remedies Under the Loan Documents. 24.Pursuant to Section 5,3(a) of the Mortgage, Plaintiff, upon an event of Default, has the right to declare the entire indebtedness owed under the Loan Documents immediately due and payable. 25.On August 17, 2012, Plaintiff gave Borrower written notice of the acceleration of the indebtedness. 26.Pursuant to Section 5.3(d) of the Mortgage, upon an Event of Default, Plaintiff is entitled to the appointment of a Receiver. 27.Pursuant to Section 5.3(d) of the Mortgage, upon an Event of Default, Borrower agreed and consented to the appointment of a Receiver. 5 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 28. As of December 1, 2012, exclusive of certain third party fees and expenses and other amounts due and owing under the Loan Documents, Borrower owes under the Loan Documents at the least the following amounts: Unpaid Principal:$1,295,917.41 Interest at the non-default interest rate:$ 33,423.85 Additional interest at the default interest rate:$ 18,718.82 Late Charges:$ 2,959.39 Advanced Taxes:$ 35,609.36 Prepayment Premium:$ 145,311.77 Total (exclusive of certain third party fees and expenses):$1,531,940.60 Interest continues to accrue at the per diem rate of $223.73, plus an additional default interest per diem rate of $180.72. CONCLUSIONS OF LAW 1.Borrower is in default under the Loan Documents. 2.As a result of Borrower's defaults and pursuant to the terms of the Mortgage, Minn. Stat. §§ 559.17, 576.25, subd. 6 and Rule 137.02 of the Minnesota General Rules of Practice, Plaintiff is entitled to the immediate appointment of a receiver to operate and manage the Receivership Property. 3.Pursuant to Minn. Stat. § 576.24, this Order establishes a Limited Receivership. 4.Steven Scott Management, Inc. is hereby appointed as receiver (the "Receiver") of the Receivership Property. 5. Pursuant to Minn. Stat. § 576.26, subd. 2, the Receiver is qualified to serve as a receiver and as an officer of the Court for the following reasons: (A)The Receiver has been appointed and served as a receiver in additional -cases; (B)The Receiver has the ability to post the bond in the amount requested by Plaintiff; Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN (C)Neither the Receiver nor any of its officers, directors or employees has ever been disqualified from serving as a receiver; (D)Neither the Receiver nor any of its officers, directors or employees has ever been convicted of a felony or other crime involving moral turpitude; and 1 (E) Neither the Receiver nor any of its officers, directors or employees has ever been found liable in a civil court for fraud, breach of fiduciary duty or civil theft. 6. Pursuant to Minn. Stat. § 576.26, subd. 3, the Receiver demonstrated that it is independent as to the parties and the underlying dispute for the following reasons: (A)Neither the Receiver nor any of its officers, directors or employees is a family member of a party to the action, or an officer, director, employee or owner of or controls a party to the action; (B)Neither the Receiver nor any of its officers, directors or employees has any interest materially adverse to the interests of any of the parties; (C)Neither the Receiver nor any of its officers, directors or employees has any financial or pecuniary interest, other than receivership compensation allowed by court order, in the outcome of the underlying dispute, including any proposed contingent or success fee compensation arrangement; and (D)Neither the Receiver nor any of its officers, directors or employees is a debtor, secured or unsecured creditor, lienor of, or holder of any equity interest in, any of the parties to the action of the receivership property. ORDER 1.The Receiver is hereby authorized to manage and operate the Receivership Property during the pendency of this litigation, any period of redemption, or until further order of this Court. 2.The Receiver is required to post a bond in the amount of $40,000.00. Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 3.The Receiver is entitled to be paid without prior Court approval a flat fee of $2,500.00 per month for its services as a Receiver and mileage will be billed at $0.5650 per mile. 4.In accordance with Minn. Stat. § 576.25, subd. 5(d), the Receiver must collect the rents, profits, and all other income of any kind of the Receivership Property. After providing for payment of its reasonable fees and expenses, to the extent possible and in the order determined by the Receiver to preserve the value of the Receivership Property, the Receiver must: (A)manage the Receivership Property so as to prevent waste; (B)execute contracts and leases within the period of the Receivership, or beyond the period of the Receivership if approved by the Court; (C)pay tenant security deposits as required by Minn. Stat. § 504B.178; (D)pay prior or current real estate taxes or special assessments when due with respect to the Mortgaged Property or the periodic escrow for the payment of the taxes or special assessments; (E)pay when due premiums for insurance of the type required by the Mortgage or the periodic escrow for the payment of the premiums; (F)pay all expenses for normal maintenance of the Mortgaged Property; and (G) perform the terms of the Assignment of Rents set forth in the Mortgage. 5. To the extent the proceeds collected by the Receiver from the Receivership Property are insufficient to pay such expenses, the Receiver may request that Plaintiff advance funds necessary to pay expenses of the Receivership Property. Plaintiff may, at its sole option, make such advances. Such sums advanced must be secured with the full benefit of the original priority of the indebtedness evidenced by the Loan Documents. Interest on all sums so advanced must accrue from the date such advances are made, at the same rate of interest as the indebtedness in the Loan Documents, and must be part of the amount due pursuant to those Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN documents. If such advances are made after a foreclosure sale, they must also accrue interest and must be part of the sum required to be paid to redeem from the foreclosure sale. The Receiver must use said advances in accordance with Paragraph 4 above. 6. The Receiver has all of the powers and authority usually held by receivers in a Limited Receivership pursuant to Minn. Stat. Ch. 576, and reasonably necessary to accomplish the purposes stated herein, including, but not limited to, the following powers which, unless otherwise stated, may be exercised without further order of the Court: (A)to collect, control, manage, conserve and protect the Receivership Property; (B)to incur and pay expenses incidental to the Receiver's exercise of the powers or otherwise in the performance of the Receiver's duties; (C)to assert rights, claims, causes of actions, or defenses that relate to the Receivership Property; (D)to enter upon and take charge, possession, and control of the Receivership Property and its rents, issues, and profits, and any and all .personal property used or associated therewith, regardless of where such property is located, including, but not limited to, rental payments, lease payments, bank accounts, security deposits, records, contracts, leases, rent rolls, accounts receivable, fixtures, furniture, appliances, supplies, construction materials, and equipment used or associated therewith; (E)to take and maintain possession of all documents, books, records, papers, and accounts related to the Receivership Property; (F)to exclude Borrower and its agents, servants, and employees wholly from the Receivership Property; (G)to make repairs and alterations to the Receivership Property; (H)to complete any construction or repair of the Receivership Property, with such changes, additions, or modifications of the plans and specifications or intended disposition and use of the Receivership Property as Plaintiff may, in its sole discretion, deem appropriate or desirable to place the Receivership Property in such Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN condition as will, in Plaintiffs sole discretion, make it or any part thereof readily marketable or rentable; (I)to collect in a timely fashion any rents, payments, or profits now due or which may hereafter become due from tenants or other users of the Receivership Property and to immediately take whatever steps are reasonably necessary to secure these rents; (J)to evict tenants and occupants and repossess personal property as provided by law for breaches of the conditions of their Leases; (K)to commence, continue, settle or otherwise terminate legal proceedings relating to the Receivership Property, including, without limitation, proceedings to evict tenants, to regain possession of the Receivership Property or parts thereof, and to collect rents or other sums due on account of the Receivership Property. Provided, however, that the receiver shall not take any action that is inconsistent with the Mortgage hereto and further that prior to settling any matter, the Receiver shall obtain Plaintiffs approval; (L)to establish a bank account(s) in the name of the Receiver and to deposit all sums collected by the Receiver in said bank account(s) in the name of the Receiver and to make withdrawals from, and issue checks, upon the bank account(s); (m) to conduct a marketing or leasing program with respect to the Receivership Property or employ a marketing or leasing agent or agents to do so, directed to the leasing or sale of the Receivership Property under such terms and conditions as Plaintiff may in its sole discretion deem appropriate or desirable; (N) to negotiate, extend, terminate, modify, renegotiate, ratify or enter into leases under such terms and conditions as Plaintiff may in its sole discretion deem appropriate or desirable; (0) to negotiate, extend, terminate, modify, renegotiate or enter into contracts, including, without limitation, contracts to provide security, janitorial, leasing, utility and other services to the Receivership Property and to pay for those services as an expense of the Receivership Property; (P) to hire or terminate employees, contractors, or agents in connection with the operation of the Receivership Property including, without limitation, present or future managers, leasing agents, and brokers, including without limitation individuals or entities which may be affiliated with the Receiver, and to pay said employees, contractors or agents as an expense of the Receivership Property; 1 0 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN (Q)to employ such contractors, subcontractors, materialmen, architects, engineers, consultants, managers, brokers, marketing agents, or other employees, agents, independent contractors or professionals, as Plaintiff may in its sole discretion deem appropriate or desirable to implement and effectuate the rights and powers herein granted; (R)to contract for capital improvements which may be necessary to protect the value of the Receivership Property; (S)to exercise all rights of the owner of the Receivership Property with respect to all associations relating to the Receivership Property, including voting and sitting on the governing board at such associations and having access to all books and records of such associations; (T)to execute and deliver, in the name of Plaintiff as attorney-in-fact and agent of Borrower or in its own name as Plaintiff, such documents and instruments as are necessary or appropriate to consummate authorized transactions; (U)to do any acts which Plaintiff in its sole discretion deems appropriate or desirable to protect the security of the Receivership Property and use such measures, legal or equitable, as Plaintiff may in its sole discretion deem appropriate or desirable to implement and effectuate the provisions of the Loan Documents; (V)to pay prior obligations incurred by the Borrower or others responsible for the Receivership Property only if deemed necessary for the continued operation of the Receivership Property; (w) to seek and obtain instruction from the Court with respect to any matter relating to the Receivership Property, the exercise of the Receiver's powers, or the performance of the Receiver's duties. 7. Immediately upon its appointment, the Receiver must deliver to the tenants or other occupants of the Receivership Property: (A)a copy of this Order; (B)written notice that all tenants and occupants shall thereafter pay all rents or other amounts due to the Receiver; and (C) written notice instructing the tenants and other occupants of the Receivership Property that, until the Receiver is discharged by the Court, all decisions relating to the management of the Receivership Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN Property will be made by the Receiver and not by any defendant or independent contractor or agent previously authorized by any defendant to manage the Receivership Property. 8. In accordance with Minn. Stat. § 576.31, Borrower must: (A)assist and cooperate fully with the Receiver in the administration of the Receivership and the Receivership Property and the discharge of the Receiver's duties, and comply with all orders of the Court; (B)immediately upon the Receiver's appointment, deliver to the Receiver all of the Receivership Property in the Borrower's possession, custody or control, including but not limited to, all books and records, electronic data, passwords, access codes, statements of accounts, deeds, titles or other evidence of ownership, financial statements, and all other papers and documents related to the Receivership Property; (C)supply to the Receiver information as requested relating to the administration of the Receivership and the Receivership Property, including information necessary to complete any reports or other documents that the receiver may be required to file; and (D)remain responsible for the filing of all tax returns, including those returns applicable to periods which include those in which the Receivership is in effect. 9. Any and all payments, advances, accounts, tenant deposits, rents, royalties, deposits or other income in the possession of Borrower, its employees, agents, representatives, and contractors, in connection with the operation of the Receivership Property on the date of this Order must be turned over to the Receiver immediately. Any and all payments, advances, rents, royalties, deposits or other income received by Borrower, its employees, agents, representatives and contractors, in connection with the operations of the Receivership Property after the date of this Order must be held in trust for the Receiver, including, but not limited to, security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Borrower may have that in any way pertain to or are on account of the use of occupancy of the whole or any part of the Receivership Property (all referred to as "Rents") must not be negotiated, and must be turned over to the Receiver in the original form in which they were received (i.e., cash, check, money order or otherwise) within 48 hours of receipt. 10.Borrower must cause its employees, agents and contractor to endorse and deliver to the Receiver all existing leases, subleases, licenses, guaranties and any other agreements for the use and occupancy of the Receivership Property, including any extensions, renewals, modifications or replacements (all referred to as "Leases"). All Rents accruing from the Receivership Property after the date of this Order must be collected by the Receiver. 11.If Borrower fails to deliver any of the above-referenced documents and things to the Receiver, the Sheriff of Hennepin County may seize all of the above-referenced documents and things. If any of the above-referenced documents and things are concealed in a building or elsewhere, including within any building on the Receivership Property, the Sheriff may cause the building or enclosure to be broken open and may take the property therefrom. A representative of the Receiver and the Plaintiff may accompany the Sheriff to assist the Sheriff in identifying the documents and things that are the subject of this Order. 12. Borrower, its employees, agents, representatives and contractors are enjoined from collecting any Rents from the Receivership Property and are ordered to direct tenants and other persons liable for any Rents to pay all Rents to the Receiver. 13 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 13.Upon receipt of a copy of this Order, all tenants or occupants of the Receivership Property are hereby directed to pay all Rents directly to the Receiver. 14.Borrower, its employees, agents, representatives, and contractors and/or any tenant or other occupant of the Receivership Property must allow the Receiver, Plaintiff or any appraiser, inspector, contractor, or other similar person selected by Plaintiff or the Receiver full access to the Receivership Property upon production of a copy of this Order. 15.To represent or assist the Receiver in carrying out the Receiver's duties, the Receiver, pursuant to Minn. Stat. § 576.32, may employ attorneys, accountants, appraisers, auctioneers, and other professionals that do not hold or represent an interest adverse to the Receivership. The Receiver does not need to obtain the Court's prior approval for the retention of professionals. Any professional to be retained must provide the Receiver with a disclosure of any potential conflicts of interest, and the professional or the Receiver must file with the Court a notice of the retention and of the proposed compensation. Any party in interest may bring a motion for disapproval of retention within 21 days after the filing of the notice of retention. 16.The Receiver, in accordance with Minn. Stat. § 576.36, subd. 2, must file interim reports on quarterly basis addressing: (A)the activities of the Receiver since the last report; (B)cash receipts and disbursements, including payments made to professionals retained by the Receiver; (C)receipts and dispositions of Receivership Property; and (D)other matters. 17. The Receiver must file the Interim Reports with the Court and serve the Interim Reports by mail on any named party who has appeared in the case and on any party in interest who has filed a Notice of Appearance pursuant to Minn. Stat. § 576.35, subd. 1. 14 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN 18.Within 21 days of service of an Interim Report, any person wishing to object to the Interim Report must serve and file a written objection. The failure to timely file and serve a written objection will constitute a waiver of objection to matters addressed in the Interim Report. If a written objection is timely filed, the Receiver, the party objecting or any other party in interest may schedule a hearing with the Court to rule on the objection. 19.From time to time, in accordance with Minn. Stat. § 576.35, the Receiver must file an updated master service list consisting of the names, mailing addresses, and, where available, fax numbers and e-mail addresses of Borrower, the Receiver, all persons joined as parties in the Receivership, all persons known by the Receiver to have asserted any ownership or lien in the Receivership Property, and all persons who have filed a notice of appearance in accordance with Minn. Stat. § 576.35, subd. 1. 20. Pursuant to Minn. Stat. § 576.38, upon distribution of all Receivership Property or the completion of the Receiver's duties, the Receiver must file a final report and must request that the Court approve the final report and discharge the Receiver. The final report, which may incorporate by reference interim reports, must include, in addition to any matters required by the Court: (A)a description of the activities of the Receiver in the conduct of the Receivership; (B)a schedule of all Receivership Property at the commencement of the Receivership and any Receivership Property added thereafter; (C)a list of expenditures, including all payments to professionals retained by the Receiver; (D)a list of any unpaid expenses incurred during the Receivership; (E)a list of all dispositions of Receivership Property; (F)a list of all distributions made or proposed to be made; and 15 Filed in Fourth Judicial District Court 3/12/2013 9:53:04 AM Hennepin County Civil, MN (G) if not done separately, a motion or application for approval of the payment of fees and expenses of the Receiver. The Receiver must give notice of the filing of the final report and request for discharge to all persons who have filed notices of appearance. If there is no objection within 21 days, the Court may enter an order approving the final report and discharging the Receiver without the necessity of a hearing. 21. This Order will take effect at the time and date reflected in the Fourth Judicial District date and time stamp. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: March 12, 2013 Edward T. Wahl Judge of District Court City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: May 13, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk Type IV 6-Month Provisional Rental License for 6343 Dupont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6343 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on ten 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: 01-23-2013 02-06-2013 03-06-2013 03-20-2013 04-02-2013 The Owner, Daniel Yesnes, applied for an initial rental dwelling license for 6343 Dupont Ave N, a single-family dwelling. An initial rental inspection was conducted. (Ten property code violations were cited, see attached rental criteria) A second rental inspection was attempted, however, the tenant did not allow access to the property since they were not notified about the inspection. A second rental inspection was conducted and passed with weather deferral for repairs to the garage door. 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 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-23-2013 A Mitigation Plan was submitted. 04-24-2013 The Mitigation Plan was finalized. 05-01-2013 A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation 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 plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive contnumity that enhances the quality of life for ailpeople and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 Type I — 3 Year 1-2 units 3+ units Type 11-2 Year 1-2 units 3+ units Type III — 1 Year 1-2 units 3+ units Type IV —6 Months 1-2 units 3+ units COUNCIL ITEM MEMORANDUM o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of deteimining 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 till people and preserves the public trust 'Agent Phone:A 4 .'-.111 -Ft-Ov,inerPh2nef6 .2 6102._ Owner Nanle 'VVEARE SUPERIOR CONTRACTS • . „'72421 .WOODOIDGE *AIL MINNE'TONleA llpirr paps. Agent' bAlv"IEL2 S'ENES:Local Agent Address: - 910 1ST S # 5032 HOPKINS.MN 55341 Owner Exiiáil: hbvesnes gmail.com New -IFItt'irevrer :Cifirenlikenee Dipiritien Daie: Pending Type IV License Ex:IS:Date:7 (Six months froni current license Ren1à l1AàenSj, :TifoPeity Mdiegg': 6 343 oupio Agent :B. I Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). 4?••• Phate I I I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. 1 1 1 1 1 I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 APR 9 20 .. 14 Phone: 763-569-3300 TTY 711 -- Fax: 763-569:3360 www.cityofbrooklyncenterorg ,rT/072manzazoilwaNY-Agalmagizifikm-Fm =14. ' 44r . Ifif Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 Fr 4. Attend City approved eight hour Crime Free Housing Date Course Completed: or course. Date Course Scheduled:AUG25, 2011 Phh II improvements recommended by the to be completed by: Complete Security Assessment and implement all security Brooklyn Center Police Department. I .e" Date Scheduled: $111 1.3 4 1 Improvements Phase III (two). &,,,101g1T1 I / I I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: MAY 9 Do these two meeting dates occur before the *Pending (*See Section 4) If no, you will only be able to qualify Type I V License expiration date? Yes 0 No for a Type IV Rental License upon renewal. within the past year, crime prevention techniques. _ i. 1 I I will have no repeat code violations previously documented For properties with four or more units: I ---1 I conduct training that includeswill resident annually { ] I will hold regular resident meetings. ., 4 1-ZZPAIsr= , ' ' ' " ,I 4'.. • t z...4.,... i 1.P.,1A.ii...,' Based on condition and age, estimated replacement dates arc 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-utocNowri AUG 2028 Water Heater-UNKNOWN AUG 2020 Kitchen Appliances-UNKNOWN MAY 2020 Laundry Appliances-UNKNOWN MAY 2020 Exterior -Paint/Siding, fascia, trim UNKNOWN AUG 2017 -Windows UNKNOWN AUG 2019 -Roof UNKNOWN AUG 2025 -Fence -Shed -Garage UN OWN AUG 2023 -Driveway UNKNOWN AUG 2023-Sidewalks UNKNOWN AUG 2023 Smoke Alarms & Carbon Monoxide Alarms 2.1?-3' e- ()the s Implementing the following best practices may assist in the )3 • checking the boxes below, you agree to: management of your property. month. _ MI I Check in with tenants every 30 days. II 1/ I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-3.1 For City Liso--Mitigation Plan Approved By; Date AV g Date 3 Evict tenants in violation of the lease and all addendums.g 4. Provide lawn/snow service. 5.Provide garbage service. 6.Install security system.CENTER POINT ENERGY 7. Provide maintenance service plan for appliances. Name of service co.: 1=1 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.II I 9. Other(s): IT-1I 1 I Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result DANIEL A. YESNES, MGR Owner or Agent Name and Title (Please Print) APRIL 16, 2013 r or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7189 Unity 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 7189 Unity 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 ten 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: 01-18-2013 The Owner, Cory McClure, applied for an initial rental dwelling license for 7189 Unity Ave N, a single-family townhome dwelling. 02-06-2013 An initial rental inspection was conducted. (Ten property code violations were cited, see attached rental criteria) 03-06-2013 A second rental inspection was conducted and passed. 03-18-2013 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. 04-10-2013 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive &mummify that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-18-2013 The Mitigation Plan was finalized. 05-01-2013 A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occun-ing 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 alipeople and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 3+ units COUNCIL ITEM MEMORANDUM b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 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 APR 1 2 2013 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 accepted. Please type or usefdlable form on City website. Section A Property Information Property Address:7189 unity Ave N Owner Name:McClure Properties Local Agen . Owner Address: . 5430 Teakwood lane N, Plymouth, MN 55442 Agent Address: Owner Ph°11°:612.207.3450 Agent Phone: Owner Email: corymcc@yahoo.com Agent Email: Rental License: 1 ill New I I Renewal: Current *Pending (Six months License Expiration Date: Type IV License Exp. Date: from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B— Required Documents Submit the following documents with the Mitigation Plan for approval: f 6/ I I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C."I V II 2 Copy of Lease including Minnesota Crime Free Housing Lease AddendumIIV I 3. Submit written report by 10th of each month (after license approval). Section C— Crime Free Housing Program Requirements Phate I1 1/ I I. Use written lease including Crime Free Housing Lease Addendum.I V I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.1 v 13 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 nine IV Mitleation Plan Rev 11-16-11 Phone: 753-569-3300 TN 711 Fax: 763-569-3360 www,cityofbrooklyncenter.org 5,77-1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 2011 or Date Course Scheduled: Phase IIComplete Security Assessment and implement all security improvements recommended by the Brooklyn Center Po ice Department. Date Scheduled: -8814G4 4 1-4 75 "" I' ;•"--n Improvements to be completed by: 0 Phase III1 I will attend a minimum of 50% of the ARM meetings (two).t/ I will attend the ARM meetings scheduled for: marth14 & May 9 Do these two meeting dates occur before the *Pending Type IV License expiration date? El Yes 0 No (*See Section A) If you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I II I 1 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section 0 Long Term Capital Improveinents 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 cstimated re lacement date will renuire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-before purchase 2033 Water Heater-before purchase 2023 Kitchen Appliances-Feb 2013 2033 Laundry Appliances-Feb 2013 2033 Exterior -Paint/Siding, fascia, trim before purchase HOA Determines -Windows -Roof I-Fence -Shed -Garage -Driveway -Sidewalks v \.)Smoke Alarms & Carbon Monoxide Alarms Feb 2013 2023 Other(s) Section E — Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. B checking the boxes below, you agree to: I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.v Page 2 Tune IV Mitigation Plan Rev 11-16-11 Ion Pi:111 Appal \ e/- Date oliee Department / Title Deaf/i 2Po unity Standards Department/Title 3 Evict tenants in violation of the lease and all addendutns. 4. Provide lawn/snow service.I•11 5 Provide garbage service. 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: II v 11 8. I arn and will remain current on payment of utility fees, taxes, assessments, Thies, penalties and other financial claims due to the City.I 9. Other(s): Please read thoroughly: lithe Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must submit to the Building and Comtnunity 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 ill1(((uve_ r0 -ires U-616, Alc_(( Owner or A ent Na and Title (P nt) Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Paee 3 Tyne IV Mitleation Plan Rev 11-16-11 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk \>464,N, SUBJECT: Type IV 6-Month Provisional Rental License for 6807 Humboldt Ave N #101 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 6807 Humboldt Ave N #101. 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 six property code violations found during the initial rental license inspection and six 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: 01-29-2013 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6807 Humboldt Ave N #101, a single family condominium dwelling. 02-25-2013 An initial rental inspection was conducted. Six property code violations were cited, see attached rental criteria. 03-28-2013 A second rental inspection was conducted and passed. 03-28-2013 City records indicate six validated police incident/nuisance calls occurred in the past twelve months. The dates and types of calls are December 16, 2012 disturbing the peace, January 9, 2013 loud music, January 10, 2013 loud music, 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 04-02-2013 04-18-2013 04-23-2013 04-30-2013 05-01-2013 January 13, 2013 loud music, March 21, 2013 loud music and March 21, 2013 disturbing the peace. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A 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 May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I —3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1 5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact , 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more 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 D.:Prti,pe ' Owner Email:ray charet@shawcable.corn Agent Eniail:toni@ricmgi :cern . Ottar4 :'J'ropert> Address 6 807 Humboldt Ma 11'1 100.01ftflf ;•Ow.Coneepts'Mapagemen mop, , ,5707 Excelsior Blvd St. Louis ParteMN 66410 cal Agen t .'0Wner .Ph 9 ne ;s8()7474-7493 411gent Phone: 952..92-200. UI Renewal - Current License Expiration .Date:'--! *Pend' ig Typelylicense'Ekp. Pate (Six months from currant license expiration)491:MT O'ner Address: .1200 VICtarla Ave E Thunder Bay C11 1 3 7A7L3 . ' 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.I 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by I 0'1 ' of each month (after license approval). I 1 1I I pfh a e ll. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I I I H I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncentenorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable forn: on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes, The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 171 4, Attend City approved eight hour Crime Fret Housing course. Date Course Completed: "7400 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9 I MO Yr- Improvements to be completed b>' Phase 111 1 1,/ 11 will attend a minimum o150% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 6641013 & 1111/2013---, Do these two meeting dates occur before the "Pendmg 7),pe 11 / license expiration date? ■ Yes ('See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. EZI I will have no repeat code violations previously documented within the past year. For properties with four or more units: EZI I will conduct resident training annually that includes crime prevention techniques. o I I will hold regular resident meetings. Siiiiiitib:- Lb' ii --.Viiii :::Ciii M -;';.:.;4l:,•.:i.::I.-:-- "Zi '114 T:k.."- Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated re. lacement date will • earlier corrections_ Furnace/AC- Water Heater- Kitchen Appliances-2CCO Laundry Appliances-2011 Exterior -Paint/Siding. fascia, trim,201 2 2017 -Windows row -Roof 2010 -Fence 2£05-Shed NA-Garage NA-Driveway 2000 -- -Sidewalks 2003 -- Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Other(s) Section E — Ste is to Im*. rove Mans lement and Conditions of Pro ■ e implementing the following best practices may assist in the management of your property. By checking die boxes below, you agree to: 1 i I. Check in with tenants every 30 days.0 1 j 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-1641 I ar CkyUae-Mktsatia* Nam Approwid E73 Evict te ants trt vialetiou erne lease :al sddadmns.M 4. Provide lavmintaw service. S. Provide primp selliee. 6. Wall scarily system. Concepts7, Provide winters= service pier: for evylkamea. Nemo of =vim oo.: I4ew 12:118, lam end will main ort payment of utility fea t twos, arreeassevits, Owe, pastitive and other fissaelal Wats do to the Chy.ED 9. Other(s): Fattming nUatlebnielt bY New Qom* Plan rad thortarglibr It'the Type 11/ Renal License h epproved by the City Council, the Llano: roam comply with the waved Mitiption Kim sad ell applicable eft/code*. No later lbw the 1O of calaidst month, the &men taut submit to the Mild% and Conmuutity Standards Depsrernat * tot= mat describing ell steps taken to can* with the Mitigation Plea. verify theta information provkled *hove is true utd swank- I undatisnd that If 1 do Mann* with au stProvotl Mitlfsuirm Mau, comply with ell apptieibte oniburcieet within Ow limbs period, or operate &vow) the license apintion date; enfaternent talons such m deafens, fermi comp lent or ilowtse review may rack Toni Crockett, VP Rental l■Agrnt Services '°"1" or Ai* Nam and ilde (Please Min) SI 3 L3Dam Additional Owner Ageni Nene sod Mk (rimilool44) (Max ?TIN) •••••••••••••■■10040........■••••■Adeltileral OnInct. or ii,stnit Sisson= (rapplataite) - Dab Pale 3 Pos hirtigailon Plan Rev 1.14,641 City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City ClerkjletaaMAktM. SUBJECT: Type IV 6-Month Provisional Rental License for 6819 Humboldt Ave N #101 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 6819 Humboldt Ave N #101. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type III rental license. This property qualifies for a Type IV provisional rental license based on ten property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-27-2012 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6819 Humboldt Ave N #101, a single family condominium dwelling. 01-04-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 02-07-2013 A second rental inspection was conducted and passed. 02-07-2013 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 02-19-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-28-2013 The previous rental license expired. 03-01-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-27-2013 A Mitigation Plan was submitted. 04-18-2013 The Mitigation Plan was finalized. 05-01-2013 A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 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 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 11-2 Year , 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0 75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive comnumity that enhances the quality of life for people and preserves the public trust 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0 25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 1-2 3-4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 Decrease 2 Categories 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 Local Agent New Concepts Managemtlt roUp Inc Agent Address:: •.• •; •• • •5707 u..?icetsisiew■id;:st; TW • 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). 1 I 1llI Otriafft.12,7470 t5TWIT. • • Phale II / I I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I 1 I 1 I MAR 28 2013ICity of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenterorg la.a.MOSEUTIOSMEMPIZEMEMFOrMaraMeig Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or usefillable form on CV website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 11-16-11 ,./ 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: I 1.18-2009 or Date Course Scheduled: Phase HI I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: M/ MI 13 kr - Improvements to be completed by: TO )%f (7— Phase III 1 ./ I I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 314-13 & 5-9-13 Do these two meeting dates occur before the *Pending Type IV License expiration date? IAes LIII No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. 1 1 I Twill have no repeat code violations previously documented within the past year. For properties with four or more units:ni T will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. lt9TBS' " .007 -;i2w, , i.eitersz.n7.1124:m Tr' w.--7a ., •;:p.: . Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2010 2025 Water Heater-2010 2020 Kitchen Appliances-2009 2024 Laundry Appliances-2011 2030 Exterior -Paint/Siding, fascia, trim 2012 2017 -Windows 2000 2025 -Roof 2010 2035 -Fence 2005 2020 -Shed na -Garage na -Driveway 2000 220 -Sidewalks 2000 2030 Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Other s $ev I 1 .,„ P r , , Implementing the following best practices may assist in the ii checkingthe boxes below, you agree to: ,, management of your property. , .... . 1. Check in with tenants every 30 days.ii I I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 11gII 1151 I 1 11 111511 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6. Install security system. New Concepts Management Group Inc '7. Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9.Other(s): Implement management plan laid out by New Concepts Management 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 lO 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. Toni Crockett, New Concepts Management Group Inc Owner or Age t Name and Title (Please Print) 3-16-2013 Owner or gent S' ature Date Additional Owner or Agent Name and Title (([applicable) (Please Prin() Additional Owner or Agent Signature (if applicable) Date For City Use-Mitigation Plan Approved By: ^. 1/-fif. /3 Po ice Department I Title Date uil I 147' 7o munity Standards Department / Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6819 Humboldt Ave N #102 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 6819 Humboldt Ave N #102. 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 ten property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-29-2013 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6819 Humboldt Ave N #102, a single family condominium dwelling. 02-25-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 03-25-2013 A second rental inspection was conducted and passed. 03-25-2013 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 04-03-2013 04-18-2013 04-23-2013 04-30-2013 05-01-2013 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. 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 May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police 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 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 occuning over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for till people and preserves the public trust Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater than 0 .75 but not more than 1:5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 Greater than 1 5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 3+ units 3+ units COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more unitsGreater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive comnumity that enhances the quality of life for all people and preserves the public trust St Sic:34TRML, 1,-"Ata7 Property Address 6819 H umboldt Ave #1.0. Owner Name: IQ r srj eor;e r:(16's..i.,. r-.eyitonCepts:-Managerairt Group be Owner Address 1200 Vaa Ave C Thuader Bay Ont CM P7A7 igrie r 11,11 o ne.;-• . . . N9nerEnialf .. 0,h,OW41010:.e Renewal - ••• •'gent Address: .. •• •••• • 07 Exc9sior Blvd St Louis Park 55416 ,52-92 2 -25, ricmgi,p6 PC041r1g-Type*.i4iqi*:tip•A'iate;::' ('SIxmonths from.eyriehi license exp frailon 0111AVNIAINI _Atrii::-0171,,,ri •Aar Submit the following documents with the Mitigation Plan for approval: I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org imeaivtammap -4 mama Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by le of each month (after license approval). fga.7011010:60-91 014.M:1 1'1 r a e wt.qr stog.. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I I I Page 1 Type IV Mitigation Plan Rev 11-16-11 i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Nov 2009 or Date Course Scheduled: Phase II f Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: '-'-' • l — V—d- Improvements to be completed by: r O 4., c■-•-t 5 Phase IIIgra I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 01512013 & 7111=13 I°Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes IVI o (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. i 1 I I will have no repeat code violations documented within the past year.previously For properties with four or more units: EZZI I will conduct resident training annually that includes crime prevention techniques.I I will hold regular resident meetings. .I.c_ 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-2010 2025 Water Heater-2010 2020 Kitchen Appliances-2009 2024 Laundry Appliances-2011 2030 Exterior -Paint/Siding, fascia, trim 2012 2017 -Windows 2000 2025 -Roof 2010 2035 -Fence 2005 2020 -Shed NA NA -Garage NA NA -Driveway 2000 2020 -Sidewalks 2000 2030 Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Othe s. , i' klaNi-- . f 1 iSkI,I;irr•-•-'...INI6V7‘ 1 'POIVPMFVFV:Vir..1ti ..M!. .,... , ,. ,.......,.... _,J..Implementing the following best practices may assist in the By checking the boxes below, you agree to: -. W.,..7-1,".,v,-,Ap.F,i,"i" "IA at,' '1 .- ,..,-.;., . .management of your property. `,..11 ., . I I Check in with tenants every 30 days.I I / I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 ra For Ow Pfla Approved fit. Police Defertasord Hide LI 1 3 Evict %oafs in VIMSOYA of the Iwo =a all siidendunts. ProViaa lawnheow *Moe. 5. Provide whey service. 0. Install security system. New Concepts1, Provide ossintaueoe service plea for 4911arces. Nemo Ot2CrI400 00.: B, I wI sod will carat 00400 on owned of utility foes, tvos, ORA, lemItk4-4t., et OW fismugel elects due to the City.111 9. *ha*, Folelesting mirstOgrier4 9110 IN New 00 00 P'kssa read therooshlyr if the Te IV Rental Ikons° Is approved bytho City Coupon, the Limner: mot comply with the epptcrrod hatizsdkat Phip rad 011 tipplIceble city coder, No later then the le attach cskeriskr month, the Roarace Dun submit to tha )1vilding and Comm Ity Standards Dapattnuont a writ= ttpott dastribing all naps ant to *Imply with the heigadon Pin. I verlfY that all httoinvation piovi4e4 above it alie and omit. I trodantand thal in do Moo* with anmpeoved Midestioa Plan, tomply with eil applicable ordloormor vtiddir t Hogue period, or operate bored the limn expiation date; enforcement Miura sorb OA Cit48011S, httrtal complaint or license review may result Toni Crockett, VP Rental iVig. mt Services Oenta ■■■ ■at Agent Nuns VW Thie (Pleas. W)-...■■■■■■■■•••••,... AdAtiosal Ownct or Agtai Nona end Title (regifoaNt) Olgate Pris0 Athittlorel Next or Ascot Sisseton af opeicabk) Page 3 1111.1 IV Mitigation Ilan Rev 1140-11 City Council Agenda Item No. 10h COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6819 Humboldt Ave N #104 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 6819 Humboldt Ave N #104. 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 14 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: 01-29-2013 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6819 Humboldt Ave N #104, a single family condominium dwelling. 02-25-2013 An initial rental inspection was conducted. 14 property code violations were cited, see attached rental criteria. 03-25-2013 A second rental inspection was conducted and passed. 03-25-2013 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 04-03-2013 04-18-2013 04-23-2013 04-30-2013 05-01-2013 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. 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 May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police 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 fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, hzchtsive community that enhances the quality of life for all people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 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 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 3+ units COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive conmunity that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more 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 atiiiieri d Phase1 V I 2.I I I v Use written lease including Crime Free Housing Lease Addendum, Conduct criminal background check for all prospective tenants. Provide documentation to City if requested, 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Submit the following documents with the Mitigation Plan for approval: I Crime Free [lousing 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 (Mier license approval). I 1 tI I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 7,11 Fox: 763-569-3360 www,cityofbrooklyncenter,org 111111111111111MW: Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not he accepted. Please type or use fillable form on City website. kmt - Plj,l/tr:tY:ddres-r s ', $61 .9 Humboldt Ave #ifti: . . .., :. °.'.111:11,Ti.le',.,RLSDI:),i,.;,iitierti4 LLC Loal,./,'-!fitiv-*kori:C4pt li.f.i.nd.i-ei.int s..-.6rO.:ti.fr,0: `Mei -AciclrOs,:: . . • • :12d0v,1r‘r.i3?;40-i141.(iiiii3';i60.1•41;7-A7i3 teritAddr4s'; • • - ' .. --.•-• .' _ ''..!•—•:' :;- . :•_:,..iiii...,..4i .iipi.,:ii,k::t - L4'1.4:),_A-0 ,04.:;:e.,..... -,,-, , : ...,..--..:,. ::::.... -oonfort:p.tib*---•-• • -,. - _. .. :0_ -for,i9 ' , 1.25.,..,. ..s. ,.... .., . .... ... '111 r.'Eii I 61 —..c Oróst 6.1:614.16116,c .'ei'kEtijillq6iii n a-ir corn .. ... . ..... ..- •, : ..•Rê'ilialLiCnse: , I I Ne\). Pending (Six months Renealf,. CUrreiii .LieinSO-‘,B4irlation D*:-. -,. ... • Type IV License Exp. Date. id , V? i 41 ' front current license ex 'ration ' ' ', ".' •`-,' • Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can he considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process, The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Page 1 Type IV Mitigation Plan Rev 1146.11 771 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Nov zeo9 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: liklitS le Improvements to be completed by 4 Phase M I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 5/912013 711112013 Do these two meeting dates occur before the *Pending Type I V License expiration date? 1-0Yes (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewaL 11!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.1 1 Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will re uire earlier corrections. Date Last Replaced Estimated Replacement Date 2025Furnace/AC-2010 Water Heater-2010 2020 Kitchen Appliances-2009 2024 Laundry Appliances-2011 2030 Exterior -Paint/Siding, fascia, trim 2012 2017 -Windows 2000 2025 -Roof 2010 2035 -Fence 2905 2029-Shed NA -Garage NA NA -Driveway 2000 2020 -Sidewalks 2000 2030 Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Other(s) Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.11 1 1 Page 2 Type IV Mitigation Plan Rev 11-16-11 M L Belot term* In vlolintoo of tha lasso mil oil oddeadonts. 4.Prot& limmikoow stria& 5.Provift gutty senioo. 6.Wig socutily systems. New Concepts7.Provide ntairtemnoo SOMOO Om for appliance& Home orsenico op.; 6, 1ant and Oil moist Mimi on payment of milky fees, lanta, EL:nz_t_msnts, fir" pg ---111H fist othirr finuelei alalato deo to the City.En 9. Othee(s): FotowfrIO bYNow WIWI* Pismo read tborooeldy: Itiho "rillo IV }twat Lima* Is approved by tho City COUDICII, this Domes Mg comply with the approved Milivtioa Plan and oil applicable city coder. No toter tbatt the I 0 °' of OA WWI( MO* the Reams* roust submit to the %Mktg and Conintunity Stands* Department a orrkton mart describing ell ceps tam to comply with the Mitizattan Plan. vortLY that all information provided above Is true and soetratt. I admitted that Ili do not comply with en appeavozi Mid:saliva vaiapty with all appliedgacadiaattcas width! das Nomao perfad, or operate bayead the limas* capicatIon date; enforcement attlete such as citations, fennel complaint or *license review reey reolt. Toni Crockett, VP Rental kti4arnt Services Gli"tv et Aral Nome and Tilt (Phome lita) ,__LL:3 I Deo Addidaaal Omar at No and Tit% (roppllosbk) Maw Mx) Melon& Oen= or At Sigutort &applicable) Pate 3 TVpo IV LoInipttion Plan kor 114641 City Council Agenda Item No. 10i COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6819 Humboldt Ave N #201 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 6819 Humboldt Ave N #201. 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 nine 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: 01-29-2013 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6819 Humboldt Ave N #201, a single family condominium. 02-25-2013 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. 03-25-2013 A second rental inspection was conducted and passed. 03-25-2013 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 04-03-2013 04-18-2013 04-23-2013 04-30-2013 05-01-2013 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. 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 May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more 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 conmzunity that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 71.1 Fox: 763-569-3360 www,cityofbrooklyncenterorg Rental License Mitigation Plan—Type IV Rental License llatalwritten plans will not he accepted. Please type or use tillable form on City website. Section A, PrOArty Infott)atiOtt Property Address 6819 Humboldt Ave #201 °ner Name :RLSD Properties LLC Local Agent: New 'Concepts Management Group Inc Owner Address: 1200 Vx1oria kie E ihundw Bay Ont CN P7A70 Agent Address: 5707 Excels or Blvd St. Louis Park MN 55416 °Ivner Phone 807-474-1493 Agent Phme:952-922-2500 Owner F.mail: ray charest@shawcable.cn Agent Email: .toni@ncmgi.corn Rental License: I I New IJ Renewal: Curre 'Tending (ch- months: It License Expiration Date: 4/3 °/13 Type IV License Exp. Date: 10 /30 /13 from (-urn:m.1 liePnse expiraiion) Based on properly conditions and/or validated police nuisance incidents, the above referenced property qualities kr 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 he taken to ensure oneoing 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 properly. NOTICE: Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this "pending license period and avoid legal actions. Section 13 Required Documents Submit the following documents with the Mitigation Plan for approval: I I ) I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.I 1 il 2 Copy of Lease including Minnesota Crime Free I lousing Lease Addendum L 3. Submit written report by le of each month (after license approval). Section C— Crime Fite loti§ikPili0Ani:Reiiiiiréeil6 • -e I I. Use written lease including Crime Free Housing Lease Addendum. I 1 i 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I 1 1 3 Pursue the eviction of tenants who violate the terms of the lease or any addendum: Page 1 Type IV Mitigation Plan Rev 11-16-11 . . Date Last Replaced Estimated Replacement Date 2025Furnace/AC-2010 Water Heater-2010 2020 Kitchen Appliances-2009 2024 Laundry Appliances-2011 2030 Exterior -Paint/Siding, fascia, trim 2012 2017 -Windows 2000 '2025 -Roof 2010 2035 -Fence 2005 2020 -Shed NA -Garage NA NA -Driveway 2000 2020 -Sidewalks 2000 2030 Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Other(s). .. . .IJnt.d ditionso Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1 1 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.91 1 WI 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: N°v 2009 or Date Course Scheduled: Phase ll WI Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: -.11 o Improvements to be completed by YZ4Xal f.4 Phase1-7-1I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 5/9124313 & 7/1112013 I Do these two meeting dates occur before the *Pending Toe IV License expiration date? YeltNo (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. .eg iôii•er - 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 reolacement date will reouire earlier corrections. Page 2 Type IV Mitigation Plan Rev 11-16-11 En. Eder tense* vioisoloo of nut hoe modillkildreakszts. 4.Pool& bootheovc service. 5.Provtde gutless web* instill security tyska. NeW Concepts7, Nvide atAintannoe servioe piao tor appikrocca. Now otocrvico Eli L t sin And will cesnek‘ wino" art payment of milky rect., trt4 ç POL.Atha 04htlr &Mimi 0141fti doe to she City.ED 9, Wa(s): Forooft inategooda Pio by Nese Pomp* Plow nod ticrotsOityr If the Ty IV &cad Limo= b opmved by tho City Council, tbo theatre /nu% comply whb the Approved Mitkptioo 14141 rod ell Applicable city axtee. No Ida thin thy I CP of cob caleadst month, the *anus met submit to lb* th11d1n And CONIMW1i4y Mgr& Deptford talon moon describing 411 win tam to craggy strith this Mitigation Pion. veritY that all information ptovided Above is we And seam. bodement thal lir do not comply with en tcpposvgd Mitittatiou ccumply with all applicabl. orcihttetset within the titspso portal, or aporsts bereosti die heottkic expiation des; enforeanent Actions sotb as citations, formal complaint orilveue review may result Toni Crockett, VP Rental Mgmt Services Owe et ,Ageat %one and Vile (Mtn Prfiv) lArttioosi Nowct &pat Nano sod Tido (ropplitoobie) Mate Prim) Addttlotoi Ow= ot Matt divot= akooliosek) Far My lhe-MitketiostPtta Arrewed 4/:-.0) gri12- otias Doped/mat nide Wpm IV hittUottoo Pian /try 11.461.1Pate 3 City Council Agenda Item No. 10j COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk #611/1\( SUBJECT: Type IV 6-Month Provisional Rental License for 6819 Humboldt Ave N #203 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 6819 Humboldt Ave N #203. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type III rental license. This property qualifies for a Type IV provisional rental license based on ten property code violations found during the initial rental license inspection and two validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-27-2012 The Owner, Toni Crockett for New Concepts Management, applied for renewal of the rental dwelling license for 6819 Humboldt Ave N #203, a single family condominium dwelling. 01-05-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 02-07-2013 A second rental inspection was conducted and passed. 02-07-2013 City records indicate two validated police incident/nuisance calls occurred in the past twelve months (11-12-12 disturbing the peace and 1-4-13 disturbing the peace). Mission: Ensuring an attractive, clean, safe, inclusive comnzunity that enhances the qualify of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-20-2013 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. 02-28-2013 The previous rental license expired. 03-01-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-27-2013 A Mitigation Plan was submitted. 04-18-2013 The Mitigation Plan was finalized. 05-01-2013 A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 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 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 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year • 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ahlpeople and preserves the public trust 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 1-2 3-4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 Decrease 2 Categories 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 #Pi . •., Local Agent'.. Agent Address:• 15797.t ibewd(Alvdr 7474,.749 cgi : Rental Lieense:::.'I I New UI Renewal CtlitentticenSetitplititibit Dat !.!!.peacling pilli.,IMI.,icetise'..85cim a . . (Six ment.tiifrôlii::duirintlkense:rei-iiiratidWik,!,:..,_ roup 5 le! ti.iniVAMMID dry,,,ir-.,yo,pvyiopavemra qosak.t.g. wax LVisYlag-- 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. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). el I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I 1 1 11 1 1 1 Iv' I I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncentenorg 44/4/i <901,1 1115=MIIMMie "AM 4 Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions, Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 1 " 8-2009 or Date Course Scheduled: Phase IILzi Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 46165 Je 't Improvements to be completed by: ae, 047, 1r- Phase ItI I ,/ II will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 34413 & 54-13 Do these two meeting dates occur before the *Pending Type IV License expiration date? es (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. III No I, V II will have no repeat code violations previously documented within the past year. For properties with four or more units: I training that includes techniques.will conduct resident annually crime preventionIii will hold regular resident meetings. m,%•.v,i-An...unatpurs., iu.i .,i. two ...whz ,,m,=,.. :,:—.9_r-mre, " mr,ta.17..vra Ii laTiMal V i ' iiiitkg 1 , ..t.1 NA;it ' 'llgabainklISTILVILiiiBased 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 2025Furnace/AC-2010 Water Heater-2010 2020 Kitchen Appliances-2009 2024 Laundry Appliances-2011 2030 Exterior -Paint/Siding, fascia, trim 2012 2017 -Windows 2000 2025 -Roof 2010 2035 -Fence 2005 2020 -Shed na -Garage no -Driveway 2000 220 -Sidewalks 2000 2030 Smoke Alarms & Carbon Monoxide Alarms 2012 2013 Other s61K." '.1112=iftgarrielairr 11..,. 6 _ ) .tr , • . , 1 I I 1 s,3 • 1 •4 . • Implementing the following best practices may assist in the B checking the boxes below, you agree to: nitatreirmanagement of your property. ;.:, - . 1. Check in with tenants every 30 days.I I 1 I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 INN 9. Other(s):Implement management plan laid out by New Concepts Management Page 3 Type IV Mitigation Plan Rev 11-16-11 Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Toni Crockett, New Concepts Management Group Inc Owner or Agent Name and Title (Please Print) Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (If applicable) Date 3-16-2013 Date Fri 3. Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6 Install security system.New Concepts Management Group Inc 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 11-1I 1 I I I I Fr City Use —Mitigation Plan Approved By: Police Department / Title Date q B i o munity Standards Department / Title City Council Agenda Item No. 10k COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7143 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 7143 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 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 nine 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: 12-05-2012 The Owner, Yi Lin, applied for renewal of the rental dwelling license for 7143 France Ave N, a single family dwelling. 01-08-2013 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. 02-27-2013 A second rental inspection was conducted and passed. 02-27-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 03-06-2013 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 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 03-22-2013 03-3 1-20 13 04-03-2013 04-1 8-20 13 05-01-2013 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The previous rental license expired. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1 5 Type III — 1 Year •1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more unitsGreater 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 fawn -arlia e I 1.Use written lease including Crime Free flousing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. 1'rd:slide documentation to City if requested. 3 Pursue the eviction of tenahts who violate the terms of the lease or sitly addendurns. I City of Brooklyn Center Phone: 763.569-3300 77Y 711iiiir6301 Shingle Creek Parkway pins u %.• 1.V SW Brooklyn Center, MN 5$430-2199 ...v.. .k.... • s. •..,,...... ..... .... -. • - ,..-.. Fox: 763-569-3360 www.cityofbrooklyncenter.org -.1 .ZOMagifF,•=j7c4.',28Sufl.M.-titT,'W.0;5:::4 form on City website. Ativr.2-•,•••:l'...,-..- --•','-'5re-gt.-74-;!•fi."-„:_:.-:„._,._:is,,:,..ket.F....,,,::-.•:Z-41 .4.1x.;-..-,,...-...-4.4" IV Re4altioonseRental License Mitigation Plan--Type Handwritten plans will not be accepted. Please -Ybaft047ALEK ..eridr Ala •.:. , , .. ,.14:••4:- ii.i - ran L.I....!•:,.-: -:.--f:::...lra,,,...1. type or use fillable,i •••••••v---az• ..,„:1,1 za.,..-..•:-.21‘4:',`&15.1Cfr: YM:C.P.n.1% . WilitV§iiie:.L6cal;Aglit, ..0yAKiA iv;. - -v ,,...k. - ..: -` •.1224 Paricwood Dr Baxter 1J6425. ,_ Af.t: ri*.1-....Y.:4;)7.1*::.t. :.. i:::-...• ':',..:.:: ';'4 1;:41.',:::,+,',)-: -404A:a!zii;'6 ..1-.MeMenerriy,St M ew 65jtscicIV 38'88 „.. . 11 Agentillip_iiet.' 14.•-.1,...:%_,..A1...;; 4,-Q„,' ;, S0--6•34 ---".anliim2Ouu:05,,,nAlEriiiiAs,;!*;,.-gft ,:r:.„!.:.. • 4... 4 ,:o::•,;. F:;:ARTF=1. . ,,.,jas,or,uw, Va ba" torn" .•i, -.., •.... " ..v• r -.:).";•.:.•:'.' 4 *Ii■ti,thjet....1, s -r&A #..rosrlcOnl ' ' . .. . -. • .'. .,-.,..'....... ';..: ''. :. i:/:"...,..... ',..8., . ,:r., 1 ..•urren . vense • xprt,ra ioni Pc;4 1idin. g .:Npe.Xs7;LiCerit'se 'BitpiDiiie-i-OR130/.P. montlist•frOm .c(rrtnt,Itcerge 63/31726.ate;,. ,....— ., ... ,..,,,1 ,.1 . exptration)6',..:", referenced property considered by the City Council, pleted Mitigation Plan must be The Mitigation Plan that will be taken to Mitigation Plan provides an the overall conditions and . Based on property conditions and/or validated police nuisance qualifies for a Type IV Rental License. Before your license a Mitigation Plan must be completed and reviewed by City submitted immediately to ensure timely completion of the should indicate the steps being taken to correct identified ensure ongoing compliance with city Ordinances and applicable •incidents, the al?ove application can bq staff. A fully coal license application iProcess. violations and the miasures Codes. The solutions to lmnroveonnortunitv to review nronertv concerns and identify nossibla management of the property. NOTICE: Time is Running Out-You must TAKE ACTION NOW in oriier to meet all the city ordinance and Mitigation Plan requirements within this *pending licens period and avoid legal actions. • ; Pagel Type IV Mitigaion Plan Rev 1146-11 Fri 4. Attend City approved eight hour Crime Free Housing Date Course Completed: 01)/23/2010 . or course. Date Course; fehcduled: Phase II ' IFri Complete Security Assessment and implement all security improve-114ns recommended byte .,Brooklyn Center Felice Department. if- Date Scheduled: Lib Z47 0 2.-...7.'f'‘'. iImprovements to be completed by: Ph . 11 (two). ! & 05/00/2013 I i I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 0311412013 Do these two meeting dates occur before the *Pending (*See Section A) lino, you will only be able to qualify Type IV LteenseI expiration joy a Type ririRental t within thelpast year. • I . i ,I crime. preventionitechniques. I1. 1 •• provided for co • t• on capital worn or otherwise in violationt date? 0 Yes I No License upon renewal. items. Funding prior to the estimated I I Il will have no repeat code violations previously documented For properties with four or mare units: twill includesconduct resident training annually that I will hold regular resident meetings. .•• Based on condition and age, estimated replacement dates are should be considered accordingly. However, items broken, re• lacement date will re • uire earlier corrections. Date Last RePieced Estimated R lacement Date Dec 2006i 'Dec 2021 Water Heater-De2OQ8 1 Kitchen PP tLaun . • . , .IIIM management of yo , property. .11• month. :1 ,- • :; !:911 .1.6-'14:i• '-,i'' Implementing the following best practices may assist in the II checking the boxes below, you agree to: 1.Check in. with tenants every 30 days. 2.Drive by property to check for violations twice a Page 2 Type IV MIti lgatIon Plan Rev 114541 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawrilsnow service. 5.Provide garbage service. 6.Install security system, 7. Provide maintenance service plan for appliances. Name of service .Co.: S. I am and will remain current on payment of utility fees, taxes, assesiments, fines, penalties and other financial claims due to the City. 9. Other(s): I 1E21 Mai LIM / 4) Owner or Agent Name and Title (Please Print) • Date For City IJK--hiltigation Plan Approval By: Date -5ZA Bui•m unity Standards Department/Title Date Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the le of each cilexidar 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 I verify that all information provided above is true and accurate. I understandithat if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the itemise period, or operate beyond the license expiration date; enforcement actions such as citations, formal c4mplaint or license review may result Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (ifappticable) Page 3 Type IV Mitigation Plan Rev 114641 - !Date City Council Agenda Item No. 101 COUNCIL ITEM MEMORANDUM DATE: May 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk `l< SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 6765 Humboldt 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 nine 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. This property, along with other townhomes in the development, has in effect a previously approved long-term capital improvement plan for upgrading 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: 01-08-2013 The Owner, Moeen Ahmad, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family townhome dwelling. 01-31-2013 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. 02-28-2013 The previous rental license expired. 03-05-2013 A second rental inspection was conducted and passed. 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. The property was posted as unlicensed. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 13, 2013. 03-05-2013 03-18-2013 04-09-2013 04-11-2013 04-19-2013 04-24-2013 05-01-2013 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 community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of UnitsProperty Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1 5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 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 Impact 3-4 units 5 or more units 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 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 Attachments Attachment I- Mitigation Plan Attachment II- Humboldt Square Capital Improvement Plan Attachment III- City Response Letter Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life foral/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. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10 th of each month (after license approval). I ii I It Use written lease including Crime Free Housing Lease Addendum. 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 of the lease or any addendums, Pha$e II 1 1 i. H Attachment I - Mitigation Plan I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 APR 19 2013 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.chyofbrooklyncenterorg MIETTOMMTITIEtiVilillii 3Atii!ge; Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on city website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. v::10.1447yinTh}." . - . et— • . Page 1 Type IV Mitigation Plan Rev 11-16-11 or Date Course Scheduled:Date Course Completed: &lull Date Scheduled: 3)2/12 Improvements to he completed by: 3sx 4-47 S I I will have no repeat code violations previously documented within the past year. I 2. Drive by property to cheek for violations twice a month. Page 2 Type tV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Phase II Complete Security Assessment and implement all security improvements rccommndcd by the I3rooklyn Center Police Department. Phase HI I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: &P-113 Do these two meeting dates occur before the *Pending Type Ili License expiration date? 2</es E No C'See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. For properties with four or more wilts: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items, Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated re )1acement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2.0 'I kl" Water Heater-2012 Omits ji.ila"21 Appliances-,....._2009 5y8815 Laundry Appliances-2012 a1Oy*rI Exterior -Paint/Siding, fascia, trim Assooiation owned AswelatIon cwned -Windows Association owned -Roof Assollation owned -Fence Assoc:181'4>n cwacci -Shed so:r000n tomea -Garage Assotiators owned -Driveway Association owned-Sidewalks Association owned Smoke Alarms & Carbon Monoxide Alarms 2012 2018 Other s..t . 6 itt% ,gPs,461inigtIOV.6111000g00160, :iina:, 0110A 9.611 10-; -T-0 & 7111113 Implementing the following best practices may assist in the management of your property. By check* the boxes below, you agree to: If I 1. Check in with tenants every 30 days. \10 3 Evict tenants in violation of the lease and all addendums. 4 Provide lawn/snow service. ),0 5. Provide garbage service. KAU— 6. Install security system. I )4 7. Provide maintenance service plan for appliances. Name of service co,: A [T] 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 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. Mc-ram l'iAelv-c) Owner or Agenth me and Title (Please Print) I Vtlit 5 Date Owner or Agent Signature Additional OwnerOwner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use—Mitigation Plan Approved By: c/-02 f_r Police Department / Title Date guild o munity Standards Department / Title Date Type IV Mitigation Plan Rev 11-16-11Page 3 Humboldt Square Owners Association Date: 2-1 1 -2012 To: City 0 (Brooklyn Center Address: 6301 Shingle Creek Pkv.-y Brooklyn Center ; Minnesota 55430-2109 763-569-3300 This is a schedule of concerns the city has for Humboldt Square Owners Association 6749 to 6777 Humboldt Avenue North Brooklyn Center ; Minnesota 55430. Witch we are tryin E' to take care of for the city of Brooklyn Center. CITIES SHORT TERM PROJECTS Hope to do these projects within 1 years To get an Association Started again We have hired a management person to guide us to resolving our coals J D Maintenance 610S 64 Avenue North Brooklyn Park ; Minnesota 55429-1905 We voted for officers. Got Association Insurance Making new Association Rules and Regulations Getting a Bank Account We have g.EIN Number from the Internal Revenue Service We are waiting for an assumed name certificate from the state this shoulclbe her within 2 weeks so we can open a bank account Trees and Stumps trimmed and removed as we F.C. elang should be done within Ike first 3 months of summa .. Pot Holes in Driveways: This is done we have filled all potholes and will keep driveways in go od condition. Lawn and Snow Removal We have obtained a company to start this project right away. Tree trimming is scheduled also be done and removal of stumps. Trash Company is in place for ass ociation fonce, fiNitzg Pr .‘vbn %Ye -11. 12,ege, fu lly.with in .1. v,,ex:...q.r.1 e 5 Siding, Fascia, Window wraps. Etc. goal is for this to be done in 2016 have a contractor picked out with the price so we can start putting money in saving for this job. CITIES LONG TERM PROJECTS Hope to do these projects in about 5 to 6 years. I. New Windows this should be done in Summer o f2O 1 2. Driveways Goal is to do them in 2018 or sooner if we can. We want to make our association to stand out from the rest in the community. So as the mansaement company hired to do the association daily projects would like to thank the city for their input and we will be Elad to help in any way we can to keep our community great. Thank You in Advance Dave Southard Humboldt Square Owners Ass ociationlvlanaEement Sincerely, esse Anderson Housing and Community Standards Supervisor City of Brooklyn Center A Millennium Community March 21, 2012 SHEHLA ALAVI & MOEEN MASOOD 3613 CLARE DOWNS PATH ROSEMOUNT MN 55068 Re: Humboldt Square Town Home Association 6773, 6749, 6753, 6757, 6761, 6765, 6769, 6777 Humboldt Ave N Dear Property Owners and Management: This letter is to summarize the phone conversation with the property manager Dave Southard on February 17, 2012 regarding the review of the capital improvement plan that was submitted. The plan is acceptable with the following conditions: •The siding, fascia, window wraps for the east building (6749, 6753 6757, and 6761 Humboldt Ave N) must be replaced by July 31, 2014. •The siding, fascia, window wraps for the west building (6769, 6765, 6773, and 6777 Humboldt Ave N) must be replaced by July 31, 2015. •Windows must be replaced in the east building (6749, 6753 6757, and 6761 Humboldt Ave N) by July 31, 2016. •Windows must be replaced in the west building (6769, 6765, 6773, and 6777 Humboldt Ave N) by July 31, 2017. •The full driveway and parking areas shall be resurfaced or replaced by July 31, 2017. It must be maintained free of holes and significant defects in the meantime. •All other maintenance items must be followed as stated in the Capital Improvement Plan. •The property will continue to maintain an active Homeowners Association. Because of the age and extent of the deferred maintenance, it may be necessary to expedite the time frames for replacement in the future. The progress at the property is appreciated and the City looks forward to continuing to work together in order to ensure ongoing short-term and long-term property improvements. The dates set in this letter and the improvement plan will be monitored. Failure to meet any condition may result in enforcement actions such as citations, license revocation/suspension/denial, or a formal complaint with a mandatory court appearance. For a licensed rental property, required repairs listed in the plan will continue to be recorded during the rental inspections and will affect the rental license criteria until they are corrected. We appreciate your efforts to keep the City of Brooklyn Center a great place to live. If you have questions, please contact me at 763-569-3420. 6301 Shingle Creek Parkway Brooklyn Centel; MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 13, 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. Commercial Vehicle Parking PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. 2013 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 7.Comprehensive Overview of Debt Plans for 2013, 2014, and 2015 Fiscal Years 8.Inclusion and Diversity Follow Up 9. Joint Fire Service Study Update Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 ( MEMORANDUM - COUNCIL WORK SESSION DATE: May 13, 2013 TO: Curt Boganey, City Manager i)(7 FROM: Vickie Schleuning, l Assistant City Manager/Director of Building and Community Standards SUBJECT: 4300 65 th Ave North, Brooklyn Center, MN 55430 Recommendation: It is recommended that the City Council give direction to staff regarding current commercial vehicle regulations. Background: The property owner at 4300 65 th Avenue North, Brooklyn Center, MN 55430 was sent a Compliance Notice regarding a commercial vehicle in the drive way at 4300 65 th Avenue North. A first notice was sent to the above address informing the owner that the commercial vehicle is in violation of City Ordinance 19-103; Public Nuisances Further Defined. The property owner replaced a residential style pickup truck with a commercial style vehicle used for his business. Since the notice was issued, there have been several phone conversations with staff explaining the violation and possible solutions to meet the ordinance requirements. The property owner spoke at the open forum at the City Council asking for an exemption or change to the ordinance. A photo of the commercial vehicle is included in this memorandum. The section of the city ordinance pertaining to parking of commercial vehicles is provided below: Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front-end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION a)Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b)Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c)Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d)Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35-111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. Address: 4300 65 th Avenue North Owner: Jeremy Mickelson Appellant's Appeal: Findings: Violation Type Summary of Activity Fees Commercial Vehicle Parking 1St notice Notice sent on 2/27/13 explaining that cube van is in violation of city ordinance. Phone call Xiong T. spoke with owner on 3/4/13 about the violation; he was informed that a call back will be made once a discussion with staff. Phone call Staff spoke with owner on 3/4/13 and gave requested extension to sell his house would be given until April 2013. Phone call Xiong T. returned owner phone call on 3/7/13 and informed that commercial trucks over 9000 lbs. would be enforced. Owner stated he would move and needed time to sell his house. Extension given till May 1, 2013. Follow up Inspection of the property was completed on 3/29/13 and commercial vehicle still in violation. — Mission: Ensuring an attractiv e, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Photos of the vehicle were taken. Phone call Jesse A. spoke to owner on 4/10/13 and was informed that truck is over 8ft in violation and was given options for compliance. Follow up Inspection of the property was completed on 4/11/13 at 8am and 4pm. Vehicle was not present at the property at the time. Follow up Inspection of the property was completed on 4/16/13 and vehicle was parked in violation on the property. Phone call On 4/19/13 owner requested to meet on the property to discuss options for compliance. Staff met with property owner and discussed options. Owner attended Open Forum at City Council Meeting on April 25, 2013 — — „.— Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM COUNCil4 WORK SESS ON MEMO 1 NDUM - COUNCIL WO SESSION Policy Issues: Are the current regulations regarding commercial vehicles reasonable for the community? If the regulations are viewed as unreasonable, in your view what changes would make them more reasonable? What information would you need to help make this determination? Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust .