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Home My WebLink About2013 06-24 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION June 24, 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 June 24, 2013 AGENDA Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.June 3, 2013 — Joint Work Session with Financial Commission 2.June 10,2013 — Study Session 3.June 10,2013 — Regular Session 4.June 10,2013 — Work Session b.Licenses c.Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held July 20 and 21, 2013 d. Resolution Authorizing Proposed Use of Auto Theft Prevention Grant e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- June 24, 2013 7.Presentations/Proclamations/Recognitions/Donations a. Report on Local Preparedness Initiative/Community Service Unit (CSU) Pilot Program Requested Council Action: —Motion to receive report. 8.Public Hearings --None. 9.Planning Commission Items —None. 10.Council Consideration Items a.Mayoral Appointment of Member to Serve on Housing Commission Requested Council Action: —Motion to ratify Mayoral nomination. b.Mayoral Appointment of Member to Serve on Shingle Creek/West Mississippi Watershed Management Commissions Requested Council Action: —Motion to ratify Mayoral nomination. c.Resolution Adopting a Complete Streets Policy Requested Council Action: —Motion to adopt resolution. d.Consideration of Type IV 6-Month Provisional Rental License for 1425 55th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. e. Consideration of Type IV 6-Month Provisional Rental License for 1601 67th Lane North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- June 24, 2013 f.Consideration of Type IV 6-Month Provisional Rental License for 1304 68th Lane North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. g.Consideration of Type IV 6-Month Provisional Rental License for 3815 Burquest Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. h. Consideration of Type IV 6-Month Provisional Rental License for 5924 June Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 3, 2013 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:35 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Patricia Glenn, Steve Landis, Rex Newman, and Dean Van Der Werf. ESTABLISH PRIORTIES FOR 2014-2015 BUDGET City Manager Curt Boganey informed this evening's discussion is to help with providing direction and framework for the development of the 2014-2015 Budgets. He gave a brief review of State Legislation; outlined the recently adopted forecast that the City will receive of $1,352,252 in Local Government Aid (LGA) Funding in 2014 with a similar amount in 2015 and 2016; discussed Council Strategic Priorities which included Civic Engagement, Focused Redevelopment, Community Image, Financial Stability, and Vibrant Neighborhoods; Capital Improvement Budget Policies; Fund Balance Policy; Operating Budget Policy; and Important Issues Affecting the Budget. There was discussion amongst the City Council and Financial Commissioners regarding the information provided and possible approaches to be used for developing the 2014 and 2015 Budgets; and there was consensus to prepare a budget that includes up to a three percent tax levy. If after budgeting LGA for capital expenditures and there is anything left it can be considered for the use in operations. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded to adjourn the Work Session at 7:58 p.m. Motion passed unanimously. 06/03/13 -1- 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 STUDY SESSION JUNE 10, 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, Assistant City Engineer Steve Jankowski, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6e, Resolution Declaring the City of Brooklyn Center's Participation in the State Performance Measurement System for 2013, in particular on whether the participation is beneficial to the City. City Manager Curt Boganey stated that the City has been utilizing performance measurements prior to the State implementing the performance measurement system, and is using different measures than the statewide performance measures. He stated the City would probably continue to use performance measures even if there was no State Program. Councilmember Kleven requested discussion on Item 6c, 2013 Professional Audit Services RFP, in particular on whether there is a limit on the number of terms an auditor is able to be contracted by the City. Mr. Boganey stated that City Council policy does not set a limit on the number of times the same provider can be contracted by the City. MISCELLANEOUS - None DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 06/10/13 -1- DRAFT COMPLETE STREETS POLICY Assistant City Engineer Steve Jankowski provided an overview of the Complete Streets Policy and answered questions of the City Council on the proposed policy. He advised that there will be a pedestrian bike study coming forward which will be more specific, while the Complete Streets Policy is more of the overall vision to consider with projects as they come forward. He stated the Policy was previously presented to the Planning Commission and will be presented to the Park and Recreation Commission next week. Staff is proposing to present the Policy for consideration on adoption at the next City Council meeting. Mr. Jankowski answered questions of the Council on the proposed policy and requested discussion on whether the Council supports the Complete Streets Policy. There was discussion on the potential for the policy to piggyback on "Safe Routes to Schools", construction/reconstruction design options, lower cost design options, and the flexibility of the policy. The majority consensus of the City Council was supportive of including the Complete Streets Policy on a City Council meeting agenda for formal adoption. HIGHWAY 100 BRIDGE AT BROOKLYN BOULEVARD RE-DECKING PROJECT Public Works Director/City Engineer Steve Lillehaug provided a presentation on the MnDOT 2014 Bridge Re-decking Project / Highway 100 at Brooklyn Boulevard. The presentation included an overview of Option 1, Option 2, and Option 3 in relation to different configurations for different levels of architectural treatments. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:46 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. HIGHWAY 100 BRIDGE AT BROOKLYN BOULEVARD RE-DECKING PROJECT The discussion continued on the MnDOT 2014 Bridge Re-decking Project/ Highway 100 at Brooklyn Boulevard. 06/10/13 -2- DRAFT Mr. Lillehaug advised that staff recommends Option 2. He provided information on the Construction Cooperative Agreement expected if the City authorizes participation under Option 2 or 3. He advised that funding is identified in TIF District 2 for Brooklyn Boulevard Corridor improvements and there is an adequate balance to fund Option 2 ($227,000). While this might eventually be the only local source of funding, staff will be approaching the County to discuss funding partnering opportunities available and their possible contribution to the required local share amount. Mr. Lillehaug requested discussion from the Council on whether there is support for Option 2 for the bridge improvements, and whether the Council supports funding the local participation portion of the improvements for Option 2 through available TIF District 2 funding. There was discussion on the fencing material included in the proposed improvements with dissatisfaction expressed of the black fencing material to be included in the improvements. Staff was directed to request that MnDOT consider replacing the black fencing with a more aesthetically pleasing material. Discussion on this item continued and reached conclusion during the June 10, 2013, Work Session. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 06/10/13 -3- 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 JUNE 10, 2013 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works 06/10/13 -1- DRAFT Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.May 28, 2013— Study Session 2.May 28, 2013 — Regular Session 3. May 28, 2013 — Work Session 6b. LICENSES AMUSEMENT DEVICES American Amusement Arcades AMP Earle Brown Lanes Davanni's Metro Coin of Minnesota, In. Brooklyn Center Community Theisen Vending Company Family Dollar Store #4514 Family Dollar Store #5110 2100 West 96 th Street, Bloomington 6440 James Circle N. 5937 Summit Drive 14940 28 th Avenue N., Plymouth Center 6301 Shingle Creek Parkway 2335 Nevada Avenue N., Golden Valley 6211 Brooldyn Boulevard 2105 57th Avenue N. GARBAGE COLLECTION VEHICLE Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Curbside Waste 4465 Trenton Lane #210, Plymouth T & L Sanitation Service, Inc. P.O. Box 49695, Blaine LIQUOR — BREWER TAPROOM AND SUNDAY Surly Brewing Company 4811 Dusharme Drive Subject to meeting the conditions and considerations for the Special Use Permit approved by the Planning Commission and City Council. LIQUOR — ON-SALE INTOXICATING SUNDAY, AND 2 AM Jammin Wings, LLC 2590 Freeway Boulevard Subject to submittal of Liquor Liability and Workers' Compensation Insurance Certificate and payment of property taxes. 06/10/13 -2- DRAFT MECHANICAL DLS Services, LLC Ductworks Heating & Air Hoffman Refrigeration Knight Heating and Air Linn Star Logistics, LLC Little Igloo HVAC, Inc. Optimum Mechanical Systems Tonna Mechanical RENTAL INITIAL (TYPE — one-year license) 6015 Aldrich Avenue N. INITIAL (TYPE II — tvo-year license) 6018 Aldrich Avenue N. 2331 Ericon Drive 5603 Knox Avenue N. 6424 Lee Avenue N. RENEWAL (TYPE — one-year license) 3312 62 nd Avenue N. 2701 65 th Avenue N. 6777 Humboldt Avenue N. 5600 Judy Lane 2145 128 th Lane NE, Blaine 6108 Olson Memorial Hwy. Golden Valley 5660 Memorial Avenue N., Stillwater 13535 89 th Avenue NE, Ostego 9995 W. 69 th Street, Eden Prairie 1829 135 th Avenue NW, Andover 3030 Centerville Road, Little Canada 2411 7 th Street NW, Rochester Lung Tran Christopher Page Scott Terhaar Paul Johnson Yang Vang Pang Lee Trinh Vu Andrey Ryvlin Missing 1 ARM Meeting Nita Morlock RENEWAL (TYPE — two-year license) 3300 67th Avenue N. Sergey Kunin RENEWAL (TYPE I— three-year license) 6600 Dupont Avenue N. 6819 Humboldt Avenue N. A302 5532 Logan Avenue N. SIGNHANGER Phoenix Signs Thomas Le New Concepts Management Ira Kovalsky 10856 County Road 81, Maple Grove 6c.RESOLUTION NO. 2013-61 ADOPTING A "REQUEST FOR PROPOSALS" DOCUMENT FOR PROVIDING AUDIT SERVICES 6d.RESOLUTION NO. 2013-62 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2012 06/10/13 -3- DRAFT 6e. RESOLUTION NO. 2013-63 DECLARING THE CITY OF BROOKLYN CENTER'S PARTICIPATION IN THE STATE PERFORMANCE MEASUREMENT SYSTEM FOR 2013 61. APPROVAL OF FIRST READING OF 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 DEFINITIONS OF PUBLIC USES AND SET SECOND READING AND PUBLIC HEARING ON JULY 8, 2013 Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-001 SUBMITTED BY PANDA RESTAURANT GROUP, INC. AND HSB ARCHITECTS. REQUEST FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW PANDA EXPRESS RESTAURANT IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1520 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti presented the request of Panda Restaurant Group, Inc. and HSB Architects for site and building plan approval of a new Panda Express restaurant in the Shingle Creek Crossing Planned Unit Development (PUD) at 1520 Shingle Creek Crossing. He indicated the Planning Commission reviewed this request at its May 30, 2013, meeting and recommended approval. He advised that staff recommends adoption of the resolution in the packet, as well as approval of the submitted revised plan with a divided drive-thru lane, subject to approval by the City Engineer prior to issuance of a building permit. There was discussion on the Great Wall of China interior mural to be included inside the upper glass window box above the main entryway. Mr. Benetti answered questions of the City Council relating to the revised plan with the divided drive-thru lane. 1. RESOLUTION NO. 2013-64 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013- 001 SUBMITTED BY PANDA RESTAURANT GROUP, INC. & HSB ARCHITECTS REQUESTING SITE AND BUILDING PLAN APPROVAL OF THE NEW PANDA EXPRESS RESTAURANT IN THE SHINGLE 06/10/13 -4- DRAFT CREEK CROSSING PLANNED UNIT DEVELOPMENT (1520 SHINGLE CREEK CROSSING) Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-64 Regarding the Recommended Disposition of Planning Commission Application No. 2013-001 Submitted by Panda Restaurant Group, Inc. & HSB Architects Requesting Site and Building Plan Approval of the New Panda Express Restaurant in the Shingle Creek Crossing Planned Unit Development (1520 Shingle Creek Crossing). There was discussion on options for approving the plan with the divided drive-thru lane, subject to approval by the City Engineer prior to issuance of a building permit. A friendly amendment was offered by Mayor Willson and seconded by Councilmember Myszkowski, to amend the motion on the floor to approve RESOLUTION NO. 2013-64 Regarding the Recommended Disposition of Planning Commission Application No. 2013-001 Submitted by Panda Restaurant Group, Inc. & HSB Architects Requesting Site and Building Plan Approval of the New Panda Express Restaurant in the Shingle Creek Crossing Planned Unit Development (1520 Shingle Creek Crossing), with the resolution modified to include the divided drive-thru lane diagram dated April 29, 2013, subject to approval by the City Engineer prior to issuance of a building permit. Amendment passed unanimously. Amended motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2013-003 SUBMITTED BY MBC II, LLC / PAUL HYDE. REQUEST FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT (FORMER HOWE FERTILIZER SITE — 4821 XERXES AVENUE NORTH) Mr. Benetti presented the request of Paul Hyde of MBC II, LLC, for an Amendment to the 2008 Minneapolis Building Center II Planned Unit Development (Former Howe Fertilizer Site — 4821 Xerxes Avenue North). He indicated the Planning Commission reviewed this request at its May 30, 2013, meeting and recommended approval. Mr. Paul Hyde, applicant, answered questions of the City Council in relation to assurances provided by the U.S. Department of Agriculture that a cleanup plan will be approved and on the intent for a Spring of 2014 construction season. 1. RESOLUTION NO. 2013-65 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-- 003 SUBMITTED BY MBC II, LLC / PAUL HYDE. REQUEST FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT (FORMER HOWE FERTILIZER SITE — 4821 XERXES AVENUE NORTH) 06/10/13 -5- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-65 Regarding the Recommended Disposition of Planning Commission Application No. 2013-003, submitted by MBC II, LLC/Paul Hyde for an Amendment to the 2008 Minneapolis Building Center II Planned Unit Development (Former Howe Fertilizer Site — 4821 Xerxes Avenue North). Motion passed unanimously. 9c. PLANNING COMMISSION APPLICATION NO. 2013-004 SUBMITTED BY OMAR ANSARI OF SURLY BREWING COMPANY. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE RETAIL SALES OF PRODUCTS MANUFACTURED OR PROCESSED AT A SITE LOCATED IN THE 1-2 GENERAL INDUSTRY DISTRICT (4811 DUSHARME DRIVE). Mr. Benetti presented the request of Omar Ansari of Surly Brewing Company. Request for a Special Use Permit to Allow the Retail Sales of Products Manufactured or Processed at a Site Located in the 1-2 General Industry District (4811 Dusharme Drive). He indicated the Planning Commission reviewed this request at its May 30, 2013, meeting and recommended approval. 1. RESOLUTION NO. 2013-66 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013- 004 SUBMITTED BY OMAR ANSARI OF SURLY BREWING COMPANY. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE RETAIL SALES OF PRODUCTS MANUFACTURED OR PROCESSED AT A SITE LOCATED IN THE 1-2 GENERAL INDUSTRY DISTRICT (4811 DUSHARME DRIVE). Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-003 Regarding the Recommended Disposition of Planning Commission Application No. 2013-004 Submitted by Omar Ansari of Surly Brewing Company. Request for a Special Use Permit to Allow the Retail Sales of Products Manufactured or Processed at a Site Located in the 1-2 General Industry District (4811 Dusharme Drive). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6400 QUAIL AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6400 Quail 06/10/13 -6- DRAFT 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. II. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: •May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester •June 3, 2013, Joint City Council / Financial Commission Budget Work Session •June 4, 2013, Metropolitan Council MSP 2014 Urban Planning and Policy Forum •June 6, 2013, Resident Meeting at City Hall regarding a problem property in the area of the 5300 block of Dupont and Emerson Avenues. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester •May 29, 2013, Planning Commission Meeting •June 3, 2013, Joint City Council / Financial Commission Budget Work Session •June 4, 2013, Earle Brown Days Committee Meeting •June 5, 2013, Brooklyn Center High School Graduation Ceremony •June 8, 2013, Brookdale Library class entitled "Best Plants for Tough Sites" •First Tee Program and Golf Little League scheduled to begin in June at Centerbrook Golf Course •L.A. Fitness Preview Center is open with special rates •Neighborhood Meeting at Garden City Park scheduled for June 19 th at 6:00 p.m. •Earle Brown Days and Parade scheduled for June 27 th Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester •June 3, 2013, Joint City Council/Financial Commission Budget Work Session •June 5, 2013, Park Center Senior High Graduation Ceremony •League of Minnesota Cities 100 Year Celebration with former Mayor Cohen Councilmember Lawrence-Anderson reported on her attendance at the following and noted the following upcoming dates: •May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester •May 30, 2013, Athletic Awards Banquet at Brooklyn Center High School •June 1, 2013, Town Hall Meeting with Representatives Hilstrom and Nelson and State Senator Eaton •June 3, 2013, Joint City Council / Financial Commission Budget Work Session •June 5, 2013, Odyssey Academy Award Meeting •June 5, 2013, Park Center Senior High Graduation Ceremony •Father's Day is June 16 th 06/10/13 -7- DRAFT Mayor Willson reported on his attendance at the following: •June 1, 2013, Town Hall Meeting with Representatives Hilstrom and Nelson and State Senator Eaton •June 3, 2013, Joint City Council/Financial Commission Budget Work Session 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:58 p.m. Motion passed unanimously. 06/10/13 -8- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 10, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:28 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners 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 & Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. HIGHWAY 100 BRIDGE AT BROOKLYN BOULEVARD RE-DECKING PROJECT The discussion continued on the MnDOT 2014 Bridge Re-decking Project/ Highway 100 at Brooklyn Boulevard. There was discussion on continuity in design elements of different projects. The majority consensus of the City Council/EDA was support of Option 2 for the Highway 100 Bridge at Brooklyn Boulevard Re-decking Project, and of the local participation portion of the improvements for Option 2 to be funded through available TIF District 2. COMMERCIAL VEHICLE REGULATIONS Assistant City Manager/Director of Building & Community Standards Vickie Schleuning discussed the history of the current request for the City Council/EDA to provide direction to staff regarding current commercial vehicle regulations. Ms. Schleuning provided a summary of current Minnesota Department of Motor Vehicle regulations. The City enforces City Ordinance 19-103.12 during proactive neighborhood sweeps and when a complaint is received. She reviewed actions taken by the City in regards to City Ordinance 19-103.12 between the years of 2009 to May 15, 2013. Ms. Schleuning requested input from the City Council/EDA on the following: •Are the current regulations regarding commercial vehicles reasonable for the community? •If the regulations are viewed as unreasonable, what changes would make them more reasonable? What information is needed to help make this determination? 06/10/12 -1- DRAFT There was discussion on the potential of creating a special use permit for commercial vehicles, whether the current regulations regarding commercial vehicles are reasonable for the community, and fair and equitable enforcement of the current ordinance. It was noted that commercial vehicles being parked at residential properties may be an example of the changing economy. The majority consensus of the City Council/EDA was that the current regulations regarding commercial vehicles are reasonable for the community, and that there should not be any changes to the regulations at this time. UPDATE ON LANDSCAPE AND SCREENING PLANS FOR HONDA AND TOYOTA DEALERSHIPS Mr. Eitel discussed the history of the Luther Auto Group's Planned Unit Development plan for the Honda and Toyota Dealerships at 6800 & 6900 Brooklyn Boulevard, and provided an update on the Landscape and Screening Plans for the subject properties. He provided background on Tax Increment Financing (TIF) District 3 and explained that the City Council/EDA is being requested to provide direction to staff regarding the opportunity of using TIF District 3 Housing Funds to enhance the 8 foot screening fence along the eastern property line to a 10 foot masonry wall. There was discussion on the improvements to the neighborhood that would result from the enhancement to the screening fence in relation to the use of TIF funds. The majority consensus of the City Council/EDA was support of using TIF District 3 Housing Funds to enhance the 8 foot screening fence along the eastern property line to a 10 foot masonry wall. BROOKLYN BRIDGE ALLIANCE MEETING SPACE REQUEST Mr. Boganey discussed the history of staffing of the Brooklyn Bridge Alliance (BBA) Board and the current need for office space. He explained that one option for available space is Brooklyn Park City Hall. Another option, being presented to the City Council/EDA for consideration, is to lease the Inn at the Earle Brown Heritage Center to the BBA. Mr. Boganey outlined the issues to be considered in relation to the potential lease. He requested discussion on the City Council/EDA on the following policy issues: •Is the use of the Inn as an office space for the BBA a reasonable alternative to seeking another tenant or converting the space to an alternative use such as additional meeting space? •If the space is provided should it be an in-kind contribution? Should the EDA seek cost reimbursement or some form of rent payment? There was discussion on the current vacant status of the Inn, that the conversion of the bathroom to handicap accessibility is a cost that would need to be incurred in the future to lease the space for office or meeting room space, and that the BBA is a high priority of the City Council. 06/10/12 -2- DRAFT The majority consensus of the City Council/EDA was supportive of leasing office space at the Inn to the BBA as an in-kind contribution. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:35 p.m. Motion passed unanimously. 06/10/12 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: June 18, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk g SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its June 24, 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. AMUSEMENT DEVICES Dandy Amusements International, Inc. Regal Cinemas GARBAGE COLLECTION VEHICLE Allied Waste Services of North America LLC Aspen Waste Systems, Inc. Darling International, Inc. LePage & Sons, Inc. Randy's Sanitation, Inc. Walz Brothers Sanitation MECHANICAL Flare Heating and Air Conditioning Total Air Inc. Twin City Fireplace Wend Services RENTAL See attached report. SIGN HANGER Walker Sign Holdings, Inc. 2265 Ward Avenue #C, Simi Valley, CA 6420 Camden Avenue N 8661 Rendova Street, Circle Pines 2951 Weeks Avenue SE, Minneapolis 9000 382 nd Avenue, Blue Earh 23602 University Avenue NW, Bethel P.O. Box 169, Delano P.O. Box 627, Maple Grove 9303 Plymouth Avenue N, Golden Valley P.O. Box 17127, Minneapolis 6916 Washburn Avenue S, Richfield 8148 Pillsbury Avenue S, Bloomington 945 Pierce Butler Route, St. Paul Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0:75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 035 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 I 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. ---..,--,-,. . . Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fbr all people and preserves the public trust E(oI- 0 0_a)tnC-0.1U< =--.....z ro4-,-o ca) a) (I)= s....C9(1) CU.0 F. N v)=-0 0C .5co a)a) L.u .5,... a)_ca) 4-,0 i_8 w-04_ cv, c=,,,, vo coO,._4-, COcu aJ .4-'>- a)_a ,--) 0. 0 _um 1=1 a j-c_ co o. >••4-, ›.. 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CfCa)=-0 Lf) N 4-, c--1w :E)-0OE0> 00 LI)00 C 0-..CZ VI(1)Eo U,Ca)Fc..),•.-" COCD -E.- 0 0 1-,Lc) 5 00 ...oOco,0 @.)u -2 bp= .c., Ts-I 1-.;j .-N sLc u Za.)>< _c .61.t. 01 co NHcr 4 -j00N0•4•0100N0NN Za) ><_c Li)Lr) 0 N Z c-I_c 4 'rLo N c-4 Za)>< 4-',0,a00 N V) c--I>.- 9,- I", U1(11•71"U1N1---Cr CON it Za)> (1.)-0-,..-,ja)-g I', CI' <0)0)Z ..4.>--,..cCo wo 0 U1 za) -4-> 1.-w,'0 c-.1 in --.L. za)> < -,".cr, -51- r-1co01(.0 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 491M4 DATE: June 13, 2013 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held July 20 and 21, 2013 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a social event to be held June 20 and 21, 2013. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and permit for temporary on-sale liquor license for a social event to be held June 20 and 21, 2013. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement C, Ss. Add New Officer (2,,_//2/A„ 4500,600-Lavust-(tc., Wq,attza, APPROVAL ;2 /7 -/3 - Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Alphorntr -Parin 7025 Halifea Ave NAddress Brooklyn Center MN 55429 City I ./((.(44,14(,) Name of person making application Business phone 1 76 -- 50 3 - 3 3 Date(s) of event Type of organization n Club r Charitable City Religious r Other non-profit State Zip Organization officer's name Date organized %96 Tax exempt number 6 Zip Code tate 'Minnesota 1 Home phone Location where permit will be used. If an outdoor area, describe. 53 4/,Minnesota d/ta/teil) cbilt,z;):±9 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT 6MA \ 91Th aen ja- City/County 5 5D Date Approved City Fee Amount Permit Date (0- to -15 Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 Location of Event: (Street, City, and Z Code) /er AlgiOnnousPrriith 09/19/2005 19:12 7635608634 SAINT_ ALSYDLITH PAGE 01 City of Brooklyn Center 6301 Shingle Creek Pkwx 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of 525 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11 -107, Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. (Street, City, and Zip Code) (Home Telephone Number) Information on Event: Name of Event: ;211/n. Information on Contact Person:J(Fit,Mi4e, and Last) Dates(s) and Time(s) of Event *, 3 -50 3-,3 .3 47 (Work Telephone Number) gve77 .6n26,6,76evit 64d7,4 c5-6,a9 Name: Address: Date Start time of eventdenai To: End time of // . event a .m i gage a.m. 44 IE a.m./. in. Day 1 7 - ,zo - _0 13 From:f/ Day 2 2L - .2o t ,-3 From: From: / / 011111a.m./ m.To: To: O Day 3 Day 4 prom:a.m./p.m.To:a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the area will be secured, i.e. by fence, rope, barricade)/ /, , , 41 L.. dr .....■..." .. A / .1 , AO , 1 • Arl ..,:, . ZA ..'.1.* . 4r - / / -.... 1' I — ./ LS '. ."...... d l 'ii Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held OD City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested may rcsulL Lu &Mal of application. Signature:Date: City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: June 17, 2013 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Po1ic4 SUBJECT: Acceptance of Auto Theft Prevention Grant Recommendation: It is recommended that the City Council accept the awarding of the Auto Theft Prevention Grant from the Office of Justice Programs for proposed use towards an Auto Theft Prevention Officer. Background: The Office of Justice Programs awarded the City of Brooklyn Center Police Department with the Auto Theft Prevention Grant in the amount of $165,353. The Auto Theft Prevention program supports the efforts of law enforcement, prosecutors, and non-profit organizations for the goal of reducing the incidence of auto theft in Minnesota. The grant will fund one full-time officer for up to two years (July 1, 2013 through June 30, 2015) to investigate and prevent automobile thefts. Budget Issues: The total grant amount is $165,353. New account codes will need to be created in order to ensure transparency and accountability of grant funds. There is no required commitment after the two-year grant period. 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 conununity 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 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention Grant in the sum of $165,353 for the period of July 1, 2013, through June 30, 2015; and WHEREAS, it has been proposed that the City would use grant funds to hire a police officer to dedicate the performance of eligible auto theft prevention activities, along with other supplies and materials used in an auto theft prevention campaign; and WHEREAS, the City wishes to maximize the effectiveness of the use of these grant funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized as part of the previously authorized staffing authorization for police officers, to accept and implement the proposed auto theft prevention grant June 24, 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: TO: FROM: SUBJECT: June 24, 2013 Curt Boganey, City Manager /,`;Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2013 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM respective property owner, and if unpaid, is specially assessed to the property. Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts. Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources. • • Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quali4 , of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Pronertv Address Tree No. and T e 6801 Scott Ave N 2 — Birch 5701 James Ave N 4— Elm 7124 Indiana Ave N 7— Birch 3706 Violet Ave N 8 — Elm 6437 Scott Ave N 9 — Elm 6209 Scott Ave N 13 — Birch 2919 O'Henry Road 16 — Birch 4400 Winchester Lane 17 - Birch 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. RESOLUTION NO. 3. After five (5) days, if the property owner fails to request a hearing, thetree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. June 24, 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. 7a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief DATE: May 22, 2013 SUBJECT: Report on Local Preparedness Initiative/Community Service Unit (CSU) Pilot Program Recommendation: Presentation is information only. No Council action is required. Background: ECHO (Emergency, Community, Health, and Outreach), Hennepin County Human Services Public Health, and the Hennepin County Medical Reserve Corp, has collaborated with Brooklyn Center Fire and Police to develop and launch a pilot program called the Cultural Services Unit (CSU). The goal of this program is to assist in community disaster recovery, communication, and outreach activities to support Latino, Hmong, Somali, Liberian and other identified ethnic families/communities residing in the city of Brooklyn Center. ECHO and Brooklyn Center's Cultural Liaison Officer recruited members from various new immigrant populations having Spanish, Hmong, East and West African as their primary language and who are community leaders or residents with large spheres of influence. The pilot CSU program has 14 enthusiastic members. Training was provided at the West Fire Station primarily on Tuesday evenings from 6:00 pm to 9:00 pm; the training content is listed below. All the partner organizations participated in providing training. Training will be ongoing and will be provided on a quarterly basis. •April 16 Orientation •April 30 Incident Command 100 •May 7 CSU and You: Roles •May 14 Fire Safety Disaster Response •May 21 Psychological First Aid •June 8 Water Safety Graduation The program organizers are requesting the opportunity to have 15 minutes on the Council agenda to make a presentation about the CSU pilot project in Brooklyn Center. Mission: Ensuring an attractive, clean, safe community that enhances the quality of amipreserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe secure community. Recommendation: Presentation is information only. No Council action is required. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: June 13, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JALMAk V(Yuk-te_. SUBJECT: Mayoral Appointment of Member to Serve on Housing Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of LeRoy Houston, 6714 Grimes Avenue North, to the Housing Commission with term to expire December 31, 2015. Background: The Housing Commission is composed of a chairperson and six members. There is one vacancy on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 7, 2012. Announcement was made in the December 27, 2012, and February 21, 2013, edition of Brooklyn Center Sun-Post and March 6, 2013, edition of Minneapolis Star Tribune. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the May 24, 2013, update. Attached for City Council Members only is a copy of the application received: LeRoy Houston 6714 Grimes Avenue North The applicant was notified that his application for appointment would be considered at the June 24, 2013, City Council meeting. Mayor Willson recommends appointment of LeRoy Houston. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members June 13, 2013 Neighborhoods Southeast Northeast Northwest Applicant(s)Current Members Peggy Lynn Kathie Amdahl West Central Central Southwest David Johnson Judy Thorbus Ephraim Olani Two vacancies. City Council Agenda Item No. 10b DATE: June 17, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT:Mayoral Appointment of Member to Serve on Shingle Creek / West Mississippi COUNCIL ITEM MEMORANDUM Watershed Management Commissions Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of David MuIla, 6732 Willow Lane, to the Shingle Creek / West Mississippi Watershed Management Commissions with term to expire January 31, 2015. Background: Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Each member city appoints one Commissioner and one Alternate Commissioner. There is one vacancy for Commissioner. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning May 9, 2013. Announcement was made in the May 16, 2013, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the June 14, 2013, update. Attached for City Council Members only are copies of the applications received: Gary Brown 7012 Willow Lane Robert Marvin 4711 Twin Lake Avenue David Mulla 6732 Willow Lane David Vlasin 5712 Colfax Avenue North The applicants were notified that their application for appointment would be considered at the June 24, 2013, City Council meeting. Mayor Willson recommends appointment of David Mulla. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: June 18, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer ,slf SUBJECT: Resolution Adopting a Complete Streets Policy Recommendation: It is recommended that the City Council consider approval of the adoption of the Complete Streets Policy. Background: At the June 10, 2013, City Council Work Session, the Council received an overview of the Complete Streets Policy. The policy has been finalized and attached for review and consideration are the following: 0 June 10, 2013, City Council Work Session memorandum 0 Final Complete Streets Policy This policy was presented to the Planning Commission for review and comment on May 16, 2013, and to the Parks and Recreation Commission on June 18, 2013. Both Commissions were supportive of adoption of the policy. Budget Issues: The management and implementation of the Complete Streets Program will be performed under the current budgetary means and staffing within the Public Works Department. Recommended improvements would be planned and considered as part of the annual capital improvement project process. Council Goals: Strategic: 7.We will continue to maintain the city's infrastructure improvements 8.We will encourage citywide environmental sustainability efforts Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public tin St Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A COMPLETE STREETS POLICY WHEREAS, the City of Brooklyn Center committed to establishing a Complete Streets Policy as part of the City's Active Living Hennepin County Partnership; and WHEREAS, the Complete Streets Policy promotes equal consideration for all modes of transportation; and WHEREAS, the Complete Streets Policy promotes public health and physical activity through the constructed environment; and WHEREAS, walking and biking offer additional means to access businesses and encourage economic development; and WHEREAS, designing transportation corridors with all users in mind from the start reduces costly retrofits; and WHEREAS, on June 10, 2013, the City Council Work Session included an overview presentation by City staff of the Complete Streets Policy; and WHEREAS, the City Council voiced its support and desire to foimally consider the Complete Streets Policy for adoption. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby adopts the Complete Streets Policy that will be used and implemented to guide future transportation improvement projects in the City of Brooklyn Center. June 24, 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. MEMO A., NDUM - COUNCIL WO SESSION DATE: June 4, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Complete Streets Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding a Complete Streets policy. Background: Brooklyn Center was primarily developed in the 1950's, 1960s and 1970s during a time in which the personal automobile dominated land use and transportation planning practices and policies while road building focused on moving as many cars as possible, as quickly as possible. Safety and accessibility for pedestrians, bicyclists, motorists and transit riders have too often been left out or addressed inadequately. In an effort to address these issues and as part of an initiative through our Active Living Hennepin County partnership, the City agreed to pursue and adopt a "Complete Streets" policy. "Complete Streets" is a term used to describe transportation planning and design policies and processes that emphasize safety and accessibility needs for all transportation users including pedestrians, bicyclists, and transit riders as well as motorists. The policy is intended to ensure that the ages and abilities of all users are taken into account in the design and operation of transportation facilities. In addition to providing transportation alternatives, Complete Streets policies encourage the integration of physical activity into daily routines through activities such as biking, walking and/or taking transit. Such activities promote multiple benefits that include: improved physical and mental health; decreased risk of chronic disease and associated medical costs; reduced transportation costs and pollution; improved air quality; and encourages safer, stronger communities. Adoption of this policy will commit the City to evaluate elements that would encourage all modes of travel when considering capital improvement street and trail projects and specifically identifies new construction, reconstruction and changes in allocation of existing pavement space as specific triggers for Complete Streets implementation. The policy recognizes the connection between various transportation modes and between multiple governmental jurisdictions and transportation providers. This policy commits the City to work closely and foster strong relationships with other jurisdictions, particularly Three Rivers Park District, Hennepin County and the Minnesota Department of Transportation. It should be noted that both Hennepin County and the State of Minnesota have adopted Complete Streets policies. As a result, any funding for projects passing through either of these agencies to the city should follow a Complete Streets approach. • - — Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WO SESSION Flexibility is incorporated into the policy by acknowledging that it will not be possible or even desirable to accommodate all modes on all roads and therefor has specifically dedicated a section of the policy for identifying the circumstances and conditions when alternative transportation accommodations might not be considered. The policy identifies specific design resource guidelines that will be employed and lists specific types of improvements that will be considered in achieving policy goals. Finally, the policy acknowledges that certain resources will be required for successful implementation of the policy and that planning and public engagement are to be encouraged to develop a shift toward a complete streets culture. This policy was presented to the Planning Commission for review and comment on May 16, 2013. The Planning Commission was supportive of adoption of the policy. The policy is scheduled to be presented to the Parks and Recreation Commission on June 18, 2013, and its comments will be forwarded to the Council prior to consideration of the policy for formal and final adoption. Policy Issues: Does the City Council support the "Complete Streets" policy? Does the City Council desire to formally adopt the "Complete Streets" policy? Council Goals: Strategic: 7.We will continue to maintain the city's infrastructure improvements 8.We will encourage citywide environmental sustainability efforts Mission: Ensuring an attractive, clean, safe, inclusive conmunity that enhances the quality of life for all people and preserves the public trust Complete Street Policy of the OW of Brooklyn Center Adopted by City Council on June 24, 2013 Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 1 INTRODUCTION During the past 50 years, road building has focused on moving as many cars as possible, as quickly as possible. Safety and accessibility for pedestrians, bicyclists, motorists and transit riders have too often been left out or addressed inadequately. "Complete Streets" is a term used to describe transportation planning and design policies and processes that emphasize safety and accessibility for all users. A Complete Streets policy ensures that the needs and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. The implementation of complete streets is an outgrowth of recent trends, such as the following: •About 40 percent of Minnesotans do not drive, including children, seniors, people with disabilities, and people who cannot afford a vehicle. Complete streets helps to ensure that everyone has safe access to transportation options to lead active and independent lives. •Minnesota has an aging population. As people age, their dependence on transportation modes beyond vehicles increases. Roads that can support biking and walking to community destinations and transit will help an aging population meet its transportation needs. •The population of the United States is increasingly concentrated in urban areas with this trend projected to increase into the future, which will result in increased transportation demand that can be efficiently served through a multi- modal transportation system. •Governmental agencies are required to bring the transportation system into compliance with the ADA to facilitate safe and convenient access for those with disabilities. •An increased number of Minnesotans are overweight or obese. If left unchecked, obesity will add another $3.7 billion in health care expenses for Minnesotans by 2020. By building infrastructure that support more walking and biking, communities can help create opportunities for people to be more physically active, while improving public health and reducing health care costs. •Gas prices are increasing, causing people to move to alternative modes of transportation beyond the single occupancy vehicle. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 2 o Government agencies need to do more with less. Roadways need to be planned and designed using a comprehensive process to ensure that costly future roadway retrofits are avoided. In addition to providing transportation alternatives, complete street policies encourage the integration of physical activity into daily routines through activities such as biking, walking and/or taking transit. Such activities promote active living which has the following benefits: •Improves physical and mental health o Decreases risk of chronic disease o Reduces medical costs associated with chronic disease o Reduces transportation costs o Reduces pollution and improves air quality o Builds safer, stronger communities o Increases quality of life The City of Brooklyn Center joined Active Living Hennepin County (ALHC), a partnership of cities, businesses, state and local agencies, and the county. The goals of ALHC members are; increasing opportunities for active living in their communities through policy change, infrastructure planning, marketing and communications, mentoring new and potential organizations, and hosting workshop events. The funding provided by ALHC through Blue Cross Blue Shield of Minnesota and the State Health Improvement Program (SHIP) was instrumental in the development of this policy which was considered and adopted through City Council resolution on June 24, 2013. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 3 BACKGROUND History Brooklyn Center was primarily developed in the 1950's, 1960s and 1970s during a time in which the personal automobile dominated land use and transportation planning practices and policies. As a result, the city is highly auto-oriented and some areas lack adequate connections to adjoining neighborhoods, parks, commercial areas and community institutions. Since then, our economy, demographics and personal attitudes have changed drastically - we face rising gas prices, growing senior and immigrant populations, and large proportions of the population want to live in bicycle friendly and walkable neighborhoods. We must therefore ensure our design practices address the transportation needs of a changing world. Complete Streets is, in a sense, a return to the pedestrian-oriented streets of the past, while at the same time, a view into our future. Benefits The benefits to adopting and implementing a Complete Streets policy are immense, as well as measurable and immeasurable. Those benefits include: •Promotes Safety. Currently, many Minnesotans do not feel safe walking or biking in their neighborhoods. In many neighborhoods, there is no dedicated space for pedestrians and bicyclists and cars travel too fast and too close. In the ten year period ending in 2008 more than 500 pedestrians and bicyclist have been killed in Minnesota (MnDOT office of Traffic Safety and Technology). Providing for adequate space for all users will reduce accidents and increase a sense of security. O Improves transportation equity. Not everyone uses a personal vehicle as their means of transportation. In fact, 40% of Minnesotans do not drive because they are too young, too old, cannot afford a car, have a disability or choose not to drive (Minnesota Complete Streets Coalition, Blue Cross and Blue Shield of Minnesota). It is important to provide alternative and reasonable choices for everyone. O Improves public health and fitness. As the reliance on the personal vehicle has increased, so has the rate of obesity. Currently, more than 60% of Minnesotans are overweight, which, if left unchecked will result in $3.7 billion additional health care costs by 2020 (Blue Cross and Blue Shield of Minnesota and the Minnesota Department of Health). By providing residents and workers with options to bike and walk, more may be willing to do so, helping to reduce health care costs and obesity rates. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 4 o Lessens oil dependence. Alternative transportation options include those which are more energy efficient. o Improves environmental health. Reducing vehicle use consequently diminishes noise impacts and emission pollutants that negatively impact air and water quality. o Supports an efficient transportation system. An integrated transportation system increases overall capacity and reduces congestion. o Supports community and economic development. The desire to live and work in highly walkable neighborhoods, especially by both empty nesters and young professionals, is a highly documented phenomenon that occurred in the last two decades. In fact, now major real estate agencies provide "walkability scores" on home listings as this has become such an important aspect of finding a home to homebuyers. Homeowners are searching for neighborhoods with great accessibility, local amenities and attractions and exciting, lively commercial areas. In fact, a national study has shown that home values in more walkable neighborhoods have higher values. Additionally, businesses that provide access to all users and a safe design attract more business. o Fosters strong communities. Neighborhood vibrancy is increased by opportunities for community residents to interact and reach community destinations such as schools and parks. •Cost effectiveness. Complete Streets aims to design road projects with all users in mind from the beginning. This ensures that roads are built with pedestrians, bicyclists, and transit riders in mind the first time, rather than retrofitted after a tragedy has occurred and when costs will be much greater. Also, including amenities for pedestrians, bicyclists, and transit riders from the beginning of a design project, rather than mid-way or near the end of a project, reduces time and costs related to engineering design. There may also be ways to save costs through design of smaller roads. Challenges The implementation of complete streets must also address a number of challenges: O Requiring public outreach and education to enhance user understanding and overcome resistance to change (e.g., construction of sidewalk in street right-of- way perceived as encroachment in residential front yards) o Encouraging public participation during the planning process. o Requiring staff training on new planning, design and operations approaches. o Developing design solutions for locations with constrained conditions and/or right-of-way widths or natural barriers. •Balancing the needs of multiple transportation modes safely and efficiently. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 5 o Addressing variability within modes (e.g., commercial vehicles versus smart cars, commuter versus recreational bicyclists). o Funding potential increases in associated operation and maintenance costs. o Funding potential property acquisitions. o Funding potential increased initial construction costs on select projects. •Complying with design standards associated with roadway construction funding sources. o Re-evaluating long established paradigms about transportation investment and design priorities. o Resolving cross-jurisdictional issues. The implementation of complete streets is voluntary for many local governments and an agency cannot be "forced" to implement a complete streets approach. •Re-evaluating multi-jurisdictional cost sharing and maintenance agreements. Effectively involving regional interests in project level public engagement processes. o Overcoming the perception that a wider road is always a safer road. o Maintaining adequate space for snow storage for all modes of transportation. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 6 POLICY This policy includes the following elements: Vision. In order to create a Complete Streets network, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance, or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Additionally, the Brooklyn Center Complete Streets Policy is intended to: o Benefit the community by improving safety, transportation options, public health, community and economic development, cost effectiveness, and the environment. o Inspire the community to transform social norms and bring the community together. 6 Prepare Brooklyn Center for the future with respect to changing demographics and economics. All Modes, Purposes and Users. This Complete Streets policy recognizes the different transportation users , modes and purposes and encourages city leaders and staff, as well as residents and business owners, to consider the range of needs and recognize the importance of planning and designing transportation systems for all modes, purposes and users. Connectivity. While it is important to create an interconnected transportation system in which users can easily and safely reach many potential destinations, this policy recognizes Complete Streets is not "all modes on all roads" but rather allows for the balancing of the needs of all users. Jurisdiction. The transportation network within the city consists of transportation systems constructed, maintained and operated by different units of government including the city, Hennepin County, Three Rivers Park District, Metropolitan Council/Metro Transit, the State of Minnesota and the federal government. This policy applies only to the transportation systems under the jurisdiction of the City of Brooklyn Center and will be encouraged by the City on all other jurisdictional roadways within the city as feasible. Both Hennepin County and the state of Minnesota have adopted Complete Streets resolutions. As a result, any funding for projects passing through either of these agencies to the city should follow a Complete Streets approach. Additionally, this policy commits the city to work closely and foster strong relationships with other jurisdictions, including the above referenced jurisdictions within the city and neighboring communities, particularly the cities of Brooklyn Park, Crystal, Robbinsdale, and Minneapolis in creating multimodal and interconnected transportation systems that serve the city and extend beyond its borders. Finally, in the event of development or redevelopment within the city, all private roads should aim to follow this Complete Streets policy. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 7 Phasing. As Brooklyn Center is a fully developed community, constructing a Complete Streets network will not be easily accomplished. The existing transportation and land use framework will, in some instances, limit the extent to which Complete Streets can be immediately implemented. Therefore this policy acknowledges that planning recommendations shall be considered a valid step toward meeting this policy's goals. Planning efforts may include such elements as easements and development agreements to incorporate future complete street projects. Planning in this manner is intended to avoid costly retrofits. Exceptions & Flexibility. While Complete Streets intends to make accommodations for all modes and users of the transportation network, it is acknowledged that it is not always possible to make such accommodations in every instance. Therefore, this policy allows for the following exceptions: a)The project involves a transportation system on which certain modes and users are prohibited, either by law or significant safety reasons. Examples include interstate freeways, bike and pedestrian trails, or malls. In the case that a particular use or mode is prohibited, an effort shall be made to accommodate that use or mode elsewhere nearby. b)The cost of accommodation is excessively disproportionate to the need or probable use. c)The corridor has severe topographic, environmental, historic or natural resource constraints. d)A well-documented absence of current and future need. e) Other exceptions are allowed when recommended by the Public Works, Building & Community Standards, Parks and Recreation, and Police and Fire departments, and approved by the City Council. Exceptions granted to this policy should be approved at a senior level and be documented with supporting data that indicates the basis for the decision. Design. When designing Complete Streets projects, the City of Brooklyn Center will utilize the wide variety of design resources which includes but are not limited to: •National Complete Streets Coalition •Safe Routes to Schools 6 American Association of State Highway Officials (AASHTO) •Minnesota Department of Transportation •Institute of Transportation Engineers •Americans with Disabilities Act •Public Right-of-Way Accessibility Guidelines •Hennepin County Complete Streets Policy •Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 8 There are a number of design options and tools available to implement Complete Streets, each with a unique set of benefits and disadvantages. A Complete Street may include: o Sidewalks o Bike lanes (or wide paved shoulders) •Special bus lanes o Comfortable and accessible public transportation stops o Frequent and safe crossing opportunities o Median islands o Accessible pedestrian signals o Curb extensions/bump outs o Narrower travel lanes/road diets o Roundabouts o Traffic calming improvements •Improvements to create safer and more comfortable pedestrian spaces including buffer space, pedestrian-scaled lighting, street furniture, refuge islands, landscaping and public art o Wayfinding signage o Environmental improvements such as tree planting, storm water ponding and pervious space The city will generally follow accepted or adopted design standards from the resources listed above when implementing improvements to fulfill this policy but will consider innovative or non-traditional design options where a comparable level of safety for users is present. Considering innovative or new ideas is especially important when working within the context of a fully developed city. The city should consider adopting its own design guidelines as a way to reflect the unique needs of Brooklyn Center. Context Sensitivity. The Minnesota Complete Streets legislation states Complete Streets should be designed "in a manner that is sensitive to the local context and recognizes that needs vary in urban, suburban, and rural settings." This policy agrees with that statement. In the city's case, the context is different at the neighborhood level, that is, Complete Streets may be designed different in residential, commercial, industrial and mixed use neighborhoods. Context sensitivity is to be considered alongside network connectivity, flexibility, innovation and the unique needs of various users. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 9 Performance Standards. Complete Streets should be continuously evaluated for success and opportunities for improvement. This policy encourages the regular reporting of the implementation of Complete Streets through the following performance measures: o User data — bike, pedestrian, transit and traffic o Crash data o Use of new projects by mode o Compliments and complaints •Linear feet of pedestrian accommodations built •Number of ADA accommodations built •Miles of bike lanes/trails built or striped o Number of transit accessibility accommodations built •Number of street trees planted •Number of exemptions from this policy approved Project Triggers The following projects types shall be reviewed for Complete street review and implementation types shall include: •New construction •Reconstruction •Some types of rehabilitation •Resurfacing and changes in the allocation of pavement space on an existing roadway (e.g., removal of on-street parking or reduction in the number of travel lanes). Projects which are typically classified as routine maintenance project shall not be subject to the policy review process. Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 10 Implementation Planning Establishing plans and protocols is a critical step in creating a community-supported, safe, comfortable and convenient transportation network that serves all modes. Effective planning results in design guidance and implementation clarity that allows the community and project designers to efficiently move forward on individual complete streets projects in a collaborative and cost-efficient manner. The culture of complete streets must be integrated throughout the City and institutionalized through planning documents, operations, and design manuals. Complete streets concepts should be incorporated into visioning and planning documents, including comprehensive plans, neighborhood plans, active living plans, and transportation plans. A community's zoning ordinance, subdivision ordinances, and/or design policies should be updated to reflect the community's complete streets approach as those documents are scheduled for updating. Ideally, all modes of transportation should be integrated into one design policy, as this will reinforce the complete streets methodology of considering all modes of transportation early in the design process. Development Resources The implementation of this Complete Streets policy will require city resources and staff time. A summary of anticipated activities along with their timing and frequency is present in the table below: Process Element Timing / Frequency Staff training Continuous Adopt design standards Update periodically Amendments to the City Code & Comp Plan Consider when updating code & plan Implement and evaluate performance measures Periodically Coordinate with other jurisdictions Continuous Regularly apply for grants Continuous Review feasible funding sources and adopt revisions to city CIP Annually with CIP update Staff training. It is important for the city's staff to be up to date and aware of new laws, funding sources, best practices, trends and tools related to Complete Streets. Staff should be encouraged to attend topically related training and education events and opportunities. Adopt design guidelines. The city should consider adopting its own design guidelines as a way to reflect the unique needs of Brooklyn Center and to provide a consistent baseline from which projects can be designed. Amendments to the City Code and Comprehensive Plan. The City Code and Comprehensive Plan may require revisions to allow for Complete Streets or to make it easier to implement. In particular, the Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 11 Subdivision and Platting chapters should be reviewed for possible changes. This policy should be adopted as part of the Comprehensive Plan. Implement and evaluate performance measures. Staff should periodically evaluate Complete Streets programs and provide updates and recommendations to the City Council and advisory committees. Coordinate with other jurisdictions. Staff and Council should keep an open line of communication between other jurisdictions including the cities of Brooklyn Park, Crystal, Robbinsdale, Hennepin County, and Three Rivers Park District, Metropolitan Council/Metro Transit, the state of Minnesota, and the federal government toward the goal of implementing joint projects, creating network connections and maximizing grant opportunities. Regularly apply for grants to implement this policy. Increasingly, transportation grant programs are requiring municipalities to have adopted Complete Streets policies. By adopting this policy, the city will be able to apply for a wider variety of grant programs and should do so as a means to fund new or expanded improvements. Review feasible funding sources and adopt revisions to the Capital Improvement Program (CIP). As the city does routinely, staff should review the CIP for possible ways to implement Complete Streets. This will include a review of funding sources and prioritization of projects according to need and benefit. Staff recommendations shall be reviewed with Council and open to review by the public. Public Engagement Complete streets is an approach to design, which benefits from communication with project stakeholders. Effective public engagement is necessary throughout the entire implementation process, including both the planning phase and project phase. In the planning phase, public engagement ensures that community and agency stakeholders have a chance to participate in the development of broader policy and planning documents, such as comprehensive plans, transportation plans and modal network plans. In the project phase, public engagement allows stakeholders to provide feedback on specific complete streets projects. Whether planning documents are being developed or a specific project is being designed and constructed, there are typically three communication phases to a project: •Informing stakeholders of the upcoming planning study or construction project. •Active participation of stakeholders in planning or project design. •Formalized public meetings and hearings. Construction projects should also include a communication plan to keep stakeholders informed of construction issues that may impact them. The specific stakeholders and communication approaches will vary depending on the complexity of the planning study or project and anticipated impacts. Early identification of stakeholders and their concerns will aid in the development of an appropriate public engagement plan. Potential stakeholders include: Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Page 12 •Facility users (include all modes) •Adjacent residents and neighborhood organizations •Adjacent businesses and business associations •Elected officials and local/county boards and commissions •Other city/county departments •Regional planning organizations •Regional transit authorities •State agencies (e.g., DNR, DOT, SHPO) O Federal agencies (e.g., FHWA, NPS) 0 Watershed districts/management organizations •Advocacy and special interest groups (e.g., bicycling organizations, preservation organizations) •Local emergency responders o Utilities and railroads Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Appendix A Complete Streets Worksheet This Complete Streets Worksheet is intended to serve as a guide when reviewing a roadway's ability to accommodate all modes of transportation (pedestrian, bicyclists, transit riders, freight, and automobiles) and people of all abilities in a cost-effective manner, while promoting safe operation for all users. Complete streets address the design of the entire street right-of-way to determine the best allocation of space between the various transportation modes. Complete streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. This worksheet was developed to facilitate implementing the complete streets process and to help sort through potentially conflicting modal priorities. The worksheet is also available in an electronic format that allows responses to by typed directly into the worksheet. Please reference the following materials when filling out the checklist: •City and/or County Comprehensive Plans that cover the project area •Transportation Plans that cover the project area (e.g., City, County, and/or State) •Bicycle or Pedestrian Master Plans that cover the project area (e.g., City, Park district, County, and/or State) •City and/or County ADA Transition Plans that cover the project area •Area specific studies •A Policy on Geometric Design of Highways and Streets (AASHTO "Green Book") e AASHTO Guide for the Development of Bicycle Facilities, 4th Edition •MnDOT Bikeway Facility Design Manual •Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) •ADA Accessibility Guidelines (ADAAG) •Proposed Rights-of-Way Accessibility Guidelines (PROWAG) •Hennepin County Complete Street Policy •State of Minnesota Complete Street Policy Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy -sem IN iH..1) !kik dlir6lirol -fi Project Location municipality): Roadway Jurisdiction: Project/Roadway Name Project Start Point: Project End Point. Project Manager Define Existing and Future Land Use and Urban Design Context 1.Do any adopted plans call for the development of bicycle, pedestrian, transit or roadway facilities on, crossing, or adjacent to, the proposed project? If yes, list the applicable plan(s). Guidance: Possible sources of this information include Comprehensive Plans, Transportation Plans, Bicycle or Pedestrian Master Plans or area-specific studies developed by applicable City, County and/or State Agencies. 2.Are there any local, county, statewide or federal policies that call for incorporating multimodal facilities? Guidance: Policies at the state and federal level may impact a project due to funding sources. A-2 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 3.Describe the study area. Guidance: What are the predominant land uses along the corridor? What is the community character? (e.g., tree-lined streets, historic, new development) Are there any planned redevelopment areas in the project area? 4.What trip generators (existing and future) are in the vicinity of the project that might attract walkers, bikers or transit users? Guidance: For example, large employers, downtown or shopping districts, schools, parks, community centers, medical centers, transit stations, government buildings and senior care facilities. Define Existing and Future Transportation Context 5. Describe existing and projected modal volumes, if available. \\;tolijiit -,}j (t..:Pr • PadTh' ■-4 , -4,1(1q?)1,1rio Tt t.- I 1(`- t I .terage Daily Traffic Pedestrian Counts Bicycle Counts Truck Volumes Transit Volumes APPENDIX A: COMPLETE STREETS WORKSHEET A-3 Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 6. Existing vehicle speed conditions. a.What is the posted speed limit for the project and associated intersecting streets? b.Provide speed data, if available. c. Are excessive speeds an issue in the project area? 7. Describe crash data, if available, and known conflict locations. Guidance: Crash data will likely not be available for pedestrians and bicycles. Crash trends and known conflict points should include neighborhood input and antidotal data, such as areas of known "near misses", Or areas where seasonal activities cause safety issues, such as sports arenas or fairgrounds. AporMitOio IN iNiltri (63 -Mi@tch■tw-.:ViYA olg Vehicles Pedestrians Bicycles a.Are there any crash trends between specific modes? b.Are there known conflict points between specific modes? COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 8. Describe Classifications. a What is the road functional classification? b.Does the street cross any high functional classification roads? (yes/no) If so, please list. c.Does the roadway have other classifications (e.g., truck route, transit route, bicycle route, emergency vehicle route)? (yes/no) If so, please list. 9. Sketch in or attach the existing cross-section(s). Guidance:The existing cross-sectionshould include the full right-of-way and be clearly dimensioned. Additional cross-sections are advisable to illustrate specific situations or if corridor segments greatly vaty. Example Cross Section wAg,- -nL-NE1.-• TM4,-LANE, LAN E- I "7"---1".` 7II 66' ( eirtsittJ,ct F -bw) a ' , APPENDIX A: COMPLETE STREETS WORKSHEET A-5 Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 10.What multirnodal accommodations exist in the project and on streets that it intersects? Guidance: Multimodal accommodations may include transit routes, sidewalks, trails, and designated on-street bicycle facilities, such as bike lanes, sharrows or signed bike routes. 11.If there are no multimodal accommodations, how far away are the closest parallel facilities? Guidance: Designated transit routes or bikeways may not exist within the community, and therefore, may not be applicable. 12.What multimodal amenities exist in the project? Guidance: multimodal amenities may include benches, bike racks/lockers, trash receptacles, crosswalks, traffic signals, mature tree canopy, transit stops/shelters, and wayfinding signage. 13.Describe any particular user needs/challenges along the project corridor that you have observed or have been informed of. Guidance: 'User needs may consist of lack of facilities (worn dirt pathways), traffic congestion, difficulty accessing bus stops or sidewalks due to snow piles at intersections, at-grade crossings of railroads or high volume roadways, and steep terrain. A.6 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 14.Are the existing facilities ADA and PROWAG compliant? Guidance: Reference resources include the ADA Accessibility Guidelines (ADAAG), Proposed Rights-of4Vay Accessibility Guidelines (PROWAG), and MnDOT Accessibility Design Tools website. Identify Existing Deficiencies 15.Based on the land use and transportation context analysis, describe existing and anticipated future deficiencies to full multimodal transportation that the project could/should address. Describe Future Objectives 16.Develop objectives regarding how multimodal facilities will be integrated into the project and how identified deficiencies will be addressed. Guidance: The objectives will form the basis for the street design. Recommend Area Typology/Street Typology and Test Cross-section(s) 17.Complete the following questions if your community has developed Area Typologies and Street Typologies (See page 21, "Roadway Classification versus Settings" for a description of area and street typologies.) Guidance: If applicable, list document that contains your agency's Area Typologies and Streetlypologies a.What is the recommended Area Typology? b.What is the recommended Street Typology? APPENDIX A: COMPLETE STREETS WORKSHEET A-7 Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy 18. Sketch in or attach the initial cross-section(s) that depicts desired street elements. Guidance:Initial cross-section should be clearly dimensioned arid indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. Example Cross Section 1 WA I- F. p-v P I eurrro,el.PAW.5LVD ittALY- 31 W II st d z rt-ou2wevari? Ce.fivo ft:0 1o 1 crayrurt-e., 19.Describe any constraints associated with the initial cross-section. Guidance: Potential constraints include lack of right-of-way, existing structures, existing mature trees or environ- mental features, topography or number of driveways. 20.Sketch in or attach alternative Cross -sections. Guidance: Alternative cross sections should be modifications of the initial cross-section that respond to identi- fied constraints. All modes should receive equal consideration and accountability in the development of alternatives. A-8 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Describe Tradeoffs and Select Cross-section 21.Describe tradeoffs associated with the alternative cross-sections. Guidance: Examples of tradeoffs include removal of mature vegetation, narrower travel lanes, removal of on-street parking (one or both sides), right-of-way acquisition costs, and provision of bikeway facility on an adjacent parallel street. 22.Sketch in or attach the selected cross -section(s). Guidance: Selected cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross -sections are advisable for specific situations or if corridor segments greatly vary. 23. If the project does not accommodate all modes, list reasons why facilities for that mode are not provided. Guidance: For example, the cost of the facility will be disproportionately high in relation to number of projected users; adequate right-of-way does not exist and acquisition of additional right-of-way would create adverse impacts to valued community assets; a bikeway facility is being planned on an adjacent parallel route that can service bicyclists' needs. APPENDIX A: COMPLETE STREETS WORKSHEET A-9 Complete Streets Policy Adopted by City Council June 24, 2013 City of Brooklyn Center Complete Streets Policy Implementation 24.Identify project milestones, roles and responsibilities for project implementation 25.How will access for all modes be maintained during project construction? Guidance: Reference resource includes MnDOT Context Sensitive Solutions (CSS) Webinar, Maintaining Pedestrian Access Through Construction & Maintenance Work Zones 26. Facility Maintenance a.What agency will be responsible for on-going maintenance for each mode? b.What specific seasonal and long-term maintenance is needed for each mode? • A.10 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Complete Streets Policy Adopted by City Council June 24, 2013 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: June 24, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ■,,A1ka41/( -K/1114tYak SUBJECT: Type IV 6-Month Provisional Rental License for 1425 55 th Avenue 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 1425 55 th Avenue N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license for a four-unit dwelling. The previous rental license was a Type III rental license. This property qualifies for a Type IV provisional rental license based on 13 (3.25/unit) property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental 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: 01-22-2013 02-13-2013 03-14-2013 03-29-2013 The Owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55 th Avenue N, a multi-family, 4-unit dwelling. An initial rental inspection was conducted. 13 property code violations were cited, see attached rental criteria. A follow up inspection was scheduled and the owner was not on site to meet the inspector. A $100 reinspection fee was charged to the property owner. A second follow up inspection was scheduled and the owner was not on site to meet the inspector. A second $100 reinspection fee was charged to the property owner. Mission: Ensuring an attractive, clean, safe, inclusive comnutnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 05-09-2013 05-17-2013 05-30-2013 06-04-2013 06-13-2013 The previous rental license expired. The property was posted as unlicensed. The $200 reinspection fees were paid and the follow up rental inspection was passed. City records indicate zero validated police incident/nuisance calls occuned in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $125 citation was issued for not submitting a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 2013. 03-31-2013 04-15-2013 04-16-2013 04-16-2013 04-17-2013 If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust COUNCIL ITEM MEMORANDUM 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: O 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 0-1 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: -We will ensure a safe and secure community -We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Section A— Property Information Property Address1 1425 55th Ave N, Brooklyn Center, MN 55430 Owner Name; Tru ng Duong Local Agent: Owner Address: 1227 129th Circle NW Coon Rapids, MN 65448 Agent Address: Owner Phone: 6127307713 Agent Phone: Owner Email:Agent Email: Rental License: I 1 New 1 1 Renewal: Current Pending Six months ..t-,License Expiration Date; Type IV License Exp, Date: .1 i 3*- b 3 xr- rom omeni license ex Aation 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, Secuoii:134•TtNoired_DOCninents Submit the following documents with the Mitigation Plan for approval: I 1 1 I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C, ■/' 2 Copy of Lease including Minnesota Crime Free I-lousing Lease AddendumI3, Submit written report by 10 th of each month (after license approval). . _ . Seetidn.G.Crinie Free Housing Pi•Ogrit'Rei-ittil'eri-i -eht : . 11 e I 11/11 1. Use written lease including Crime Free Housing Lease Addendum. i 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I i I 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 I 4, Attend City approved eight hour Crime Free Housing course. Date Course Completed: 0 c110 2012 or Date Course Scheduled: Phase II I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled; Aug 29 2012 Improvements to be completed by: Oct 2012 Phase III I will attend a minimum of 50% of the ARM meetings (two). S Nt)/4"/".- I will attend the ARM meetings scheduled for: May meeting two hours Done & Do these two meeting dates occur before the *Pending Type IV License expiration date? *Yes L No (*See Section A)If no, you will only be able to qualify for a Type IV Rental License upon renewal, 1 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. Ii will hold regular resident meetings. Seetien 7.--LOng,Terni CapitatImproVement§ Plan= . Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly, However, items broken, worn or otherwise in violation prior to the estimated re I cement date N, ill re uire earlier corrections, Date Last Replaced Estimated Replacement Date Furnace/AC-1999 N/A Water 'eater-1 929 N/A Kitchen Appliances-2010 2025 Laundry Appliances -2001 2021 Exterior -Paint/Siding, fascia, trim 2005 FasclatTrim paint 2013 -W i [WOWS 2009 2059 -Roof 2001 2031 -Fence NIA N/A -Shed Unkown N/A -Garage N/A N/A -Driveway Unko n Unkown -Sidewalks Unkown Unkown Smoke Alarms & Carbon Monoxide Alarms 2010 2020 ,_Other(s) Seetion -E ,;;..Steps tO ImproVe Management and_ Con 'bons of Pt op rty Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:F' I I I II I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 F3 dinA Co I 3 Evict tenants in violation oldie lease and all addendums. 4. Provide lawn/snow service, S. Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: Ell] 8, I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.19, Other(s): Self 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. Trung Duong Owner or Agent Name and Title (Please Print) 5/24/2012 Date Owner r Agent-Signature Additional Owner or Agent Name and Title ('f/ applicable) (Please Print) Additional Owner or Agent Signature ((1 applicable) Date For City Use--Mirgatioo Man Approved By: Police Department /Title mu:12:y Standards Department / Title Date PagePage 3 Type IV Mitigation Plan Rev 11 -16 -11 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: June 24, 2013 Curt Boganey, City Manager Sharon Knutson, City ClerkjilafiAk g Type IV 6-Month Provisional Rental License for 1601 67 t11 Ln 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 1601 67 th Ln 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 14 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: 09-28-2012 10-23-2012 01-23-2013 01-31-2013 03-01-2013 The Owner, Ryan Felien, applied for an initial rental dwelling license for 1601 67 th Ln N, a single-family residential property. An initial rental inspection was scheduled. The tenant refused to allow the inspector access to the property. The inspector contacted the owner, Ryan Felien, by phone regarding scheduling a rental inspection. An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) The owner, Ryan Felien, called to reschedule the reinspection since he was evicting the tenants. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM 03-15-2013 04-01-2013 04-25-2013 05-08-2013 05-23-2013 05-31-2013 06-10-2013 06-13-2013 A second rental inspection was conducted and passed. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. The property was posted as unlicensed because city utilities were delinquent. The delinquent utilities were paid and the posting was removed. A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 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 Alission: Ensuring an attractive, clean, safe, inclusive couununiO , 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Greater than 33+ units 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 Greater than 8 3+ units 3+ units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 0-1 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM 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 - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 4%141 cityo fbrooklyncenter.orq Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not he accepted. Please ope or nsefillable form on City website. .•SOtiipa i.A7,Prtitiéity InfOiriii410' Property Address:1601 67th Lane North Brooklyn Center, MN Owner Name: Ryan Fallen Local Agent: Owner Address: 52 Groveland Terrace, Minneapolis, MN 55403 Agent Address: Owner Phone; 763-670-2573 Agent Phone: Owner Entail:ryan.felien@target.com Agent Email: Rental License: 1 1 New 1 1 Renewal; Currei *Pending (Six months t License Expiration Date: Type IV License Exp. Date: from current license expiration) Based on property conditions and/or validated police nuisance incidents, tlie 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 comoliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review properly 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. SeCtiOl3:;134:RB.Ofrett,00BlitheiltB . Submit the following documents with the Mitigation Plan for approval: I i 1 I Crime Free Housing Program Training Certificate (if completed. if not completed, please include scheduled date in Section C. VI 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by le of each month (after license approval), SeStiOil li.eciuirethents' 'of i I. Use written lease including Crime Free Housing Lease Addendum.I ,i/ 1 2. Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested.1 1 Ii Pursue the eviction of tenants who violate the terms of the lease anyor addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: a'a "aa "a" Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 5 /17 Improvements to be completed by: 60 Phase HII 1 I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 3"17 11th & September 12 Do these two meeting dates occur before the *Pending Type IV License expiration date? lja Yes No (*See S'ecTion if) If no, you will only be able to qualify for a Type IV Rental License upon renewal. v I I will have no repeat code violations previously documented within the past year For properties with four or more units: I I will conduct resident training annually that includes crime prevention techniques. ,7 I will hold regular resident meetings. D ,--:LontTeiti'RtiPit61biiprovethentsTIAn Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However. items broken, 'swot or otherwise in violation prior to the estimated replacement date will re uire earlier corrections Date Last Replaced Estimated Replacement Date Furnace/AC-4/2007 412014 Water Heater-4/2007 4/2014 Kitchen Appliances-4/2007 4/2013 Laundry Appliances-4/2007 4/2013 Exterior -Paint/Siding, fascia, trim 4/2007 4/2015 4/2007 4/2015 -Windows 4/2007 4/2015 -Root-4/2007 4/2015 -Fence 412007 4/2015 -Shed N/A -Garage 4/2007 412013 -Driveway 4/2007 4/2015 -Sidewalks 4/2007 40015 Smoke Alarms & Carbon Monoxide Alarms Other(s) Seetiota 'LS teps Inipi .0e7MatiAgentetit nd COnditionS or Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: ii I 2. Drive by property to check for violations twice a month. I. Check in with tenants every 30 days. Page .2 Type IV Mitigation Plan Rev 1146-11. 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 I 0th of 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. Ryan Felien - Owner Owner or Agent Name and Title (Please Print) 5/8/2013 Owner or Agent Signature Date Additional Owner or Agent Name and Title (if:applicable) (Please Print) Additional Owner or Agent Signature af applicable)Date Page 3 Type IV Mitigation Plan Rev 11-16-11 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 01 . serviceco.: M innegasco 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): I I I I I I 1111 I Date LL310 tun laity Standards Department / Title City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: June 24, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk V.)60JUM- Type IV 6-Month Provisional Rental License for 1304 68 th Lane 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 1304 68 th Lane 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 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: 11-28-2012 01-15-2013 02-08-2013 02-27-2013 02-28-2013 03-06-2013 The Owner, Samuel Holloway III, applied for renewal of the rental dwelling license for 1304 68 th Lane N, a single family dwelling An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. The owner requested an extension for the scheduled reinspection date. A follow up inspection was conducted and failed. The previous rental license expired. The inspector was on site for a schedule inspection, but since no adult was present, the inspection was not conducted. _ - - - Mission: Ensuring an attractive, clean, sale, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 03-20-2013 04-02-2013 04-02-2013 04-02-2013 04-11-2013 04-25-2013 05-13-2013 06-04-2013 06-13-2013 A third rental inspection was conducted and passed. The owner was charged a $100 reinspection fee. The $100 reinspection fee was paid. 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. The property was posted as unlicensed. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. - _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are 'determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 COUNCIL ITEM MEMORANDUM Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 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, sole, inclusive community that enhances the quality of life for people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 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 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 gt i ail Req,4k,60,,,OL-,,. trien0, I. !„,).. gla.t gal tt 4 Submit the following documents with the Mitigation Plan for approval: 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). 8ct10 TreOfloi4,1# rbgi' I. Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants, Provide documentation to City if requested. 3.Pursue the eviction of tenants who violate the terms of the lease or any addendums. I V II 1 I I City of Brooklyn Center 6501 Shingle Creek Parkway E.rooklyn Center, MN 55430-2199 Phone: 763-569-3300 1TY 711 Fax: 763-569-3260 www.cityofbrooklyncenterorg "MgrthilaITAIIF,111111Ing111:4111MAI ,.1110/1.41) ,1110 -rot Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website, I ^ e ' ,_,, • IldpVity)nlb iii: L'' '' .,It 0 ''' , i00 ., . NI co 'A ii.11, 1 ,.,,..,,proprty,iddress: . .1304 68th Lane N BrooklynCen,ter, MN 5436 . s ., , „ :Owner Name Samuel P. Holloway III '1_,6cal i g,e,n.t: Dishone,I=laen -'''''' • Owner4ddress: 3310 troohllls Pkwy Stone Mountain, GA 30098, Agent Ad.reSs;., 1304,08th Lone N. Brooklyn „Center, MN 55430 Owner Ph°ne1776-873-5027 Agent Phone: 76 ;:_i_4...:25 z Owner Entai l n 'redmond19976yahoo,corn. 1,,Rerafil License : I New 0'Rg 1 wa : Current Lii .en'se Lpiilii'doni)4).e:2/.?8/1.3 '*Pending Six inonths Type IV .Lienli,E>cil; Dzit: 6 /4ill- am current licensVe ' itatiOn 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 MAY 21 2613 4. Attend Cirv , •— ..., ..,........, ....E0 It lavut V41IfIC rree Houma Date Course Completed: coungo, or Date CourAc Scheduled:ed 13/13 Phase II improvements recommended by the to be completed by: Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 6/13/2013(.1, i .,_..:-Improvements Phase III (17y(....T xr 11 & 7111/2013 [ f 11 will attend a minimum of 50% of the ARM meetingsI will attend the ARM meetings scheduled for:-.5*em-r-S Do these two meeting dates occur before the *Pending (*Sec Section A) If no, you will only he able to qualify t 11-1 I will have no repeat code violations previously documented For properties with four or more units: Type IT/ License expiration date? Dj. Yes I I No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques.I il I that includeswill conduct resident training annuallyiI j will hold regular resident meetings. .g.66.ke 0,, .t; a itit f,A;ovemieniertiin : :, , 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 8/2010 8/2030 Water Heater-N/A 8/2020 Kitchen Appliances-212008 8/2020 Laundry Appliances-4/2009 8/2020 Exterior -Paint/Siding, fascia, trim As o Asso 2 2008/Asso 8/2015/Asso -Windows 4/2009 812020 -Roof-Popo As so -Fence N/A N/A -Shed N/A N/A -Garage 4/2000 8/2020 -Driveway Asso Asso -Sidewalks N/A N/A Smoke Alarms & Carbon Monoxide Alarms 4/2013 4/2014 Other s El ti1113=1 t 0, I D,'Vel\40.4ii ROO Implementing the following best practices may assist in the B checking the boxes below, you agree to: giBilantiMinald1111111111 management of your property. month. 14/I. Check in with tenants every 30 days. I I 2. Drive by properly to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 t'ity t se--miiimion Plan ApproNed By: uer Po Ice Department / Title ommu ity Standards Department / Title 3 Fviet 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.: Center Point Energy 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 0 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that ill do not comply With an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Owner or Age ie and Title (Please Print) Owner gent Signa e 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 11-1643. City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: June 24, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3815 Burquest Lane Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 3815 Burquest Lane. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 12 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-28-2012 01-02-2013 01-09-2013 02-27-2013 03-04-2013 The Owner, Nicole Cornell, applied for an initial rental dwelling license for 3815 Burquest Lane, a single-family residential property. An initial rental inspection was conducted. (Twelve property code violations were cited, see attached rental criteria) A follow-up rental inspection was scheduled. The owner was informed about permit requirements for plumbing work that had been performed. The inspector left a message with the owner that the plumbing permits must be obtained and corrections made in order for the rental inspection to pass. The plumbing items were completed and a second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $125 citation was issued for failing to submit a mitigation plan. A $250 citation was issued for failing to submit a mitigation plan. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 2013. 03-18-2013 04-09-2013 04-25-2013 05-17-2013 05-31-2013 06-10-2013 06-13-2013 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 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 disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. O 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 Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust No Category Impact 1-2 3-4 units 0-1 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 3-4 unitsGreater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use !UMW form on City website. Section A-- Property Information Property Address:3815 Burquest Ln, Brooklyn Center, MN 55429 Owner Name 'Tim and Nicole Cornell Local Agent:Jeff Hampton Owner Address: 8729 Douglas Dr N, Brooklyn Park, MN 55445 Agent Address: 1152 County Hwy 10, Mpls, MN 55432 Owner Phone: 763-531-1776 Agent Phone:612-597-1 109 Owner Email: tim.cornell@comcast.net Agent Email:jhampton@citrelay.corn Rental License: 14 New 1 I Renewal: Currei *Pending (Six months t 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 Subniit the following documents with the Mitigation Plan for approval: 1 1 I 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.I 1 ll 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum11 1 3. Submit written report by 10 th of each month (after license approval). MAY 31 201 Section C— Crime Free Housing Program Requirements _ --- e I 1 I. Use written lease including Crime Free Housing Lease Addendum.1 i 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I 1 i 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 Fliase lI Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department.I 'I Date Scheduled: 6/14 /13 Improvements to be completed by: 7/1 4/1 3 I / I I will have no repeat code violations previously documented within the past year. II 1 1 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 2116/10 or Date Course Scheduled: Phase III I will attend a minimum of 50% of the ARM meetings (twp). I will attend the ARM meetings scheduled for: *M-TrT3 11 (1 ill ,/ I 1_7...- Do these two meeting dates occur before the *Pending Type IV License expiration date? I v- Yes L No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. & 9112/13 For properties with four or more units: Section II— Long Term Capital Improvements Plan _ Date Last Replaced Estimated Replacement Date Furnace/AC-2000/2012 2025 Water Heater-2013 2025 Kitchen Appliances-2009 2020 Laundry Appliances-2005 2018 Exterior -Paint/Siding, fascia, trim 2011 2015 _win d ows ..-.,.....„. --no,, —..,....„,.., ........---,,,,,-....-,2000-2012 2020 -Roof 2005 2035 -Fence 2030 -Shed 2030 -Garage 2030 -Driveway 2030 -Sidewalks 2030 Smoke Alarms & Carbon Monoxide Alarms 2015 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: 1.Check in with tenants every 30 days. 2.Drive by property to check for violations twice a month. 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. Ill! Page 2 Type IV Mitigation Plan Rev 11-16-11 munity Standards Department / Title 3 Evict tenants in violation of the lease and all addendums.El 4. Provide lawn/snow service. 5. Provide garbage service. 6 Install security system.c.u.pwiEnery.m.Nmws..i.ftus 7.Provide maintenance service plan for appliances. Name of service co.: II 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. Other(s); [E:1 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 veritY 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. Nicole Cornell, Owner Owner or Agent Name and Title (Please Print) 0›ne or Agent Signature Date Tim Cornell, Owner Additional Owner or Agent Name and Title (([applicable) (Please Print) d7/.___ Q p, U Ad itional Owner or Agent Signature (if applicable) 5 -3)- /3 Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10h COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: June 24, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk Type IV 6-Month Provisional Rental License for 5924 June 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 5924 June Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type II rental license. This property qualifies for a Type IV provisional rental license based on 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: 01-28-2013 03-04-2013 03-15-2013 04-16-2013 04-23-2013 The Owner, Tou Vue, applied for renewal of the rental dwelling license for 5924 June Ave N, a single family dwelling. An initial rental inspection was scheduled and no one was on site to meet the inspector. An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. A second rental inspection was conducted and passed. The $100 reinspection fee was paid. • - - - --- Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-23-2013 04-30-2013 05-02-2013 05-09-2013 05-13-2013 05-13-2013 06-04-2013 06-13-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The previous rental license expired. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A $125 citation was issued for failing to submit a mitigation plan. A 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 June 24, 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 • Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. 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 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 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: O At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year1-2 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). . . Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 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 unitsGreater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - We will ensure a safe and secure community - We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, sate, inclusive community that enhances the quality of life for all people and preserves the public trust 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. a_„ City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.thyofbrooklyncentenorg Rental LicenseLicense Mitigation Plan—Type TV Rental License Handwritten plans will not be accepted. Please type or use finable form on City website. ", r . ••■;. . ,.. ';',Vit,r-tis-441:;"1 JAVAA UM r " .1 e LI ..241,-. ftfr--442§.., o• , .4. , -June Ni,. .-. ,. EQP'7': :-;:ii,i4T'X',.1;`, ., , ... • A': ■ ■, -..- igity:- , ,,,. , , sl en er,- . ,7 -.Fifi' - 1,-,',-4 2,-.....;-...-gfl.... -,, ,F is ,.., , I :677-a... sy! q ,•C• , 'am, :-:„,,;•!: vl...••:t i.:,-.4 • • •)--,....:.et - .. .an ewo [..,.- =.0v or, 1 -_8q..;;„.v, etitfjintici- '0Y, , .R'.1 -•:, .. , ,d yah0(5',4 '.'•r•tia, .2 ,.t%:::••••,. _.,•- • — ,.... e • c •• • I 1New Ifa6 eAVA •:cm-i*iip=.14.04*.., ' .tra tio4q.i Jt1 ng $Iç IV 1.4.Cdnsd,Et,.y moilikih:04:04iiiiii /kW .,-.—B1 -aft.irilft-'$.-te,).-=•:,:ri,,;14- 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 immedfately 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 onRoing 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 ACIION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. elt " 42n17 -A; I 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 le of each month (after license approval). Page 1 Type IV Mitigation Plan Rev 11-16-11 I 4. Attend City approved eight hour Crime Free Housing course. zDate Scheduled: May 15, 2013 Improvements to be completed by: Page 2 Type IV Mitigation Plan Rev 11-16-11 Date Course Completed: or Date Course Scheduled: June 13, 2013 Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department.I • 1 Phase III twill attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: May 9, 2013h • i Do these two meeting dates occur before the *Pending Type IV LiCellSe expiration date? II Yes No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. s'ij I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident !raining annually that includes crime prevention techniques. I will hold regular resident meetings. Section D Capital Improvements 'Plan . Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, wom or otherwise in violation prior to the estimated replacement date will re uire earlier corrections. & July 11, 2013 Date Last Replaced Estimated Replacement Date Furnace/AC 07On kr Wa cr Heater-7/12/2011 7/12/2019 Kitchen Appliances-3/15/2009 3/15/2018 Laundry Appliances-NOM_ Exterior -Paint/Siding, fascia, trim 10/2/2005 10/2/2015 -Windows Unknown 1/20/2025 -Roof 10/2/2005 10/2t2035 -Fence None -Shed None -Garage 4/28/2011 4/28/2021 -Driveway Unknown 2/1/2021 -Sidewalks None Smoke Alarms & Carbon Monoxide Alarms 4/25/2010 4/25/2018 Other(s) Section Y— Steps to Improve Management antl'COnditions Of Property Implementing the following best practices may assist in the management of your property. By 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. Date Date Owner or Agent Signature Additional Owner or Agent Name and Title (if applicable) (Please Prin) Additional Owner or Agent Signature (if applicable) t) Date /11■4■111/11 2 mid leom u ity Standards Department / Title 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 I O th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. I A Owner or Agent Name and Title (Please Print/11 fe---V.-- C-- 3 Evict tenants in violation of the lease and all addendum. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 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): 1111111 11511111-1 Ws . oliee Department / Title Dat AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 24, 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. Strategic Plan 2013 Retreat Follow Up — June 24, 2013 a.Values and Mission b.Key Performance Indicators 2. Conduit Bond Sale — Odyssey School PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Comprehensive Overview of Capital Needs and Debt Funding Plans — July 22, 2013 2.BC University 3.Assessment Hearing Policy 4.Strategic Plan Annual Report for Year Ending 2012 5.Inclusion and Diversity Follow Up — Community Engagement Strategies 6.Manganese Follow Up 7. African Assistance Program Zoning Issues Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMO A NDUM - COUNCIL WO SESSION DATE: June 19, 2013 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Strategic Plan 2013 Recommendation: It is recommended that the City Council consider providing direction to staff regarding the following: •Strategic Priority Definitions •Key Performance Indicator Targets and Dates •Primary and Secondary Value Propositions •Direction on Mission and Values Background: In April 2013 the Council and Leadership team met in a two day retreat. This retreat was facilitated by Mr. Craig Rapp. As a follow up the retreat the staff was directed to develop recommended KPI focused on the accomplishment of the Strategic Priorities established at the retreat. The Double Dozen Leadership composed of Department Heads and Supervisors met and developed recommended Key Performance Indicators for your review and consideration. I have drafted Strategic Priority Definitions based on the retreat discussion for your review and consideration. Our objective for Monday is to finalize the Strategic Priority Definitions, receive direction regarding the proposed KPI' s, Finalize the Value Propositions and receive direction regarding the Mission and Values. Mr. Rapp will be at the meeting to facilitate our discussion. Policy Issues: Will the Strategic Plan provide guidance over the next several years to facilitate achievement of the City mission consistent with our values? _ Mission: Ensuring an atimctive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Strategic Plan 2013-2015 Strategic Priority Key Performance Indicators (KPI's) Measure Target Strategic Initiatives Civic Engagement Cultural Competency Trained people 100% Staff & Council completion a)Diversity/Inclusion Study b)Cultural Competency Trng. program City event participation Participant demographics =/> Reflection of demographics a)Comp. Communication/Outreach plan b)Educational programs for citizens Focused Redevelopment Shingle Creek Crossing Occupancy rate 80% occupied- 2016 a)Financial study b)Market feasibility study c)Engagement/Collaboration strategy d)Image/branding campaign Tax base C/I and residential $ values $5M-hsg; $2.5M retail- 57 th & Logan -2016 a)Financial study b)Market feasibility study c)Engagement/Collaboration strategy d)Image/branding campaign Incentives effectiveness Public-Private leverage 3-1 Private/Public Opportunity site a)Financial study b)Market feasibility study c)Engagement/Collaboration strategy d)Image/branding campaign Community Image Safety Feeling of safety (survey) TBD ( % safe feeling — all areas) a) Enhanced crime reduction program Image Positive opinion (survey) TBD ( °A, developers rept. good options) a) Promotion plan for opportunity sites Community facilities Positive experience (survey) TBD (_% rept. positive on survey) a) Comprehensive facility and service plan Financial Stability Self sufficiency LGA % for operations 100% Capital a)Needs analysis- LGA/GF budget items b)Cost containment analysis Tax burden Operating levy < State IPD a) Multi-dept. stability team Vibrant Neighborhoods Neighborhood watch participation # of groups TBD (increase by _) a) Neighborhood watch promo program Blighted properties Nuisance code violations TBD (decrease by ) a)Recognition program for rental prop. b)Mtce. & Nuisance reduction program City o Brae yro. Center Strfateee annfing Summarry June 2013 Prepared by: Craig Kapp, LLC "Connecting the fuT ose and the fossibilitke Date: June 20, 2013 To: Curt Boganey, City Manager From: Craig Rapp Subject: Strategic Planning Summary The following is a summary of the strategic planning sessions held by the City of Brooklyn Center. The sessions were held at the Earle Brown Heritage Center on Friday, April 5 and Saturday, April 6, with the City Council, City Manager and Department Heads in attendance. The first session included an overview of strategic planning process, and a brief review of the city's mission and values, but the primary focus of the meeting was a discussion of organizational culture and value proposition-described below: I. Organizational Culture and Value Proposition An organization's culture and the value proposition it puts forth provide the foundation for the way in which services are delivered and strategic direction is set. The group was introduced to the four core cultures and three value propositions (including strengths and weaknesses) summarized below: Four Core Cultures Control Culture (Military - command and control) Strengths: Systematic, clear, conservative Weaknesses: Inflexible, compliance more important than innovation Competence Culture (Research Lab — best and brightest) Strengths: Results oriented, efficient, systematic Weaknesses: Values can be ignored, human element missing, over planning Collaboration Culture (Family-teams) Strengths: Manages diversity well, versatile, talented Weaknesses: Decisions take longer, group think, short-term oriented Cultivation Culture (Non-profit/religious group-mission/values) Strengths: Creative, socially responsible, consensus oriented Weaknesses: Lacks focus, judgmental, lack of control City of Brooklyn Center Strategic Planning Summary June 2013 Three Value Propositions Operational Excellence (Wal-Mart, Southwest Airlines) U They adjust to us (command and control) Product/Service Leadership (Apple, Google) LI They 'ooh and 'A' over our products/services (competence) Customer Intimacy (Nordstrom, Ritz-Carlton) 0 We get to know them and solve their problems/satisfy their needs (collaborative) Each member of the group completed a brief questionnaire on both culture and value proposition to provide a starting point for a facilitated discussion of the current and desired states. Summarized below are the responses, sorted by Council and staff: Core Organizational Culture City Council O Control 19 O Collaboration 10 El Competence 8 O Cultivation 13 Staff O Control 26 O Collaboration 12 IU Competence 16 El Cultivation 24 Value Proposition City Council Current state Desired state Operational Excellence 30 2 Product/Service Leadership 6 3 Customer Intimacy 12 32 All things to everyone 2 13 Staff Current state Desired state Operational Excellence 27 8 Product/Service Leadership 13 7 Customer Intimacy 20 37 All things to everyone 20 31 City of Brooklyn Center Strategic Planning Summary June 2013 The Council and staff engaged in a lively discussion regarding the organization's value proposition- noting the solid agreement on the current state, and a general agreement about the primary and secondary focus for the future desired state. The group came to a general consensus that customer intimacy is the primary value proposition - with the secondary emphasis on operational excellence. The group agreed to continue this discussion-as they continued work on values and an amended mission statement. Specifically, they determined that development of a new set of values was in order- fewer in number and more directly related to the value proposition. In addition, it was also agreed that amending the mission statement to make it more crisp and focused was a good idea. II. Strategic Planning The second session, held on Saturday April 6, 2013 focused on establishing strategic direction and priorities. At the meeting, a process was used to produce a set of strategic priorities, key performance indicators for each priority, and initial strategic initiatives necessary to successfully produce the key performance results. Prior to the first meeting, the City Council, City Manager and staff were asked to complete a questionnaire that asked each respondent to comment on the strengths, weaknesses, opportunities and threats (S.W.O.T.) facing the community and organization. In addition, they were also asked to identify the highest priority issues. The group process included three rounds of review and brainstorming: In the first round, the group identified the most frequently mentioned attributes in each category; In the second round, the groups compared strengths with opportunities and weaknesses with threats, to determine which opportunities would maximize strengths, and which weaknesses would be exacerbated by the threats- from this round, each group identified strategic priorities for further consideration. The full group then engaged in a discussion centered on determining which priorities were most important- based upon both the SWOT analysis and their own sense of community needs. What emerged is a set of five strategic priorities. The priorities are described on the following page: City of Brooklyn Center Strategic Planning Summary June 2013 Strategic Priorities Civic Engagement In order to clearly understand and effectively respond to community needs, the City will consistently seek the input from a broad range of stakeholders from the general public, non- profit and for profit sectors. Efforts to engage the community will be transparent and responsive. Our engagement efforts will be deliberately inclusive and culturally sensitive. Focused Redevelopment Redevelopment and renewal of commercial, industrial and residential property is essential to the health and vitality of the city. The City will lead efforts to maintain and increase the value of private properties and will make the necessary supporting infrastructure investments. We will encourage entrepreneurial investment and make strategic public investments to create jobs and grow the City's tax base. Community Image Our ability to attract and retain citizens and businesses is directly influenced by the perception of the City. We will take specific actions to assure that Brooklyn Center is recognized as a high quality, attractive and safe community. We will accomplish this by providing exceptional customer experience, vibrant neighborhoods and a sense of community thereby attracting private investment. Financial Stability We will maintain a positive financial position with a long term perspective by diversifying revenue sources, aligning fees to adequately reflect service costs, stabilizing property taxes while reducing the City's reliance on State Shared Revenues, and ensuring that revenues are adequate to fund services and infrastructure needs. Vibrant Neighborhoods Neighborhoods will be attractive, safe, inclusive of a diverse housing stock with owner occupied and quality rental properties. Citizens will feel connected to each other and the natural environment will be protected and preserved for the enjoyment of future generations. The next step in the process was the development of 2-3 key performance indicators (KPI's) for each strategic priority. Key performance indicators are measures of performance- indicating success at achieving the desired outcomes. The Council-Staff group worked together and developed a set of KPI's for each priority. The KPI's —by priority- are: City of Brooklyn Center Strategic Planning Summary June 2013 Key Performance Indicators Civic Engagement Key Performance Indicators: •Cultural competency e City event participation Focused Redevelopment Key Performance Indicators: •Shingle Creek Crossing e Tax base e Incentives effectiveness Community Image Key Peiformance Indicators: e Safety •Image •Community facilities Financial Stability Key Performance Indicators: •Self-sufficiency •Tax burden Vibrant Neighborhoods Key Performance Indicators: •Neighborhood watch participation e Blighted properties City of Brooklyn Center Strategic Planning Summary June 2013 III. Strategic Initiatives/Action Plans To successfully address the strategic priorities and reach the KPI's, a focused work plan is necessary. This is accomplished by developing a set of strategic initiatives and detailed action plans. The initiatives are aligned with the priorities, and targeted to the outcomes expressed in the key performance indicators. The staff began this task at a management team retreat on May 28. The group developed a set of strategic initiatives and work plans. The initiatives and related action plans follow The strategic framework established at the worksession will set the City's direction for the next three years. While adjustments will certainly be made to accommodate changing conditions, it provides a strong foundation and focus for success. an Ca 4,an st. CIJ .0•—a _c C) 5 (,) -J CC 444CC E CnCC C) C • CC t4-4 • 0 O cuV) 4-,O CZ•° 'W .F.4.U 0V)CU CU"0 V) O r7-, C.) C.) • 0 • a0 _c(1) L/C CU cL, C 2co_c CU 0 U_ co-J V) • Cr) ! M t—I I ,—I I -••••••• I ----- 4 %--1 ; CA1 Crl ala—I--_, ..-....0 r•.1‘—I a—I 5 2 4?-; - >- . -I, .0 i 0 4j : 4-', u)•CC) ; tr, C C./ < c _ .(T3 . 5---.) < r_a) . 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U I toE o >DOc 4-j =O Co c 1 _0 a) ca)(0 4--, E 1130_ .0CoE i ca) R.) , a)%•-• 0 :a_ E u i -0 -0 1 Eci Co ca i u 1 >•• : 0a)1 4-,.s_ : 4-,; - : Q)CO I C i ••••CL i= : a) LEcs_ I E E aJ O I 0 i E4-, '04-, I '21' : 4-, C i a)Co : Co I L-+-, : 2 I Lts = : 0.v, us i : >••c•-• ao 4-. : s_ ..c c 4-,s_w- bc- ,, 1 ,2-0 : _c 0 ,: v)0_,0 ._0 .0 ......, 4.....- : 03 ._ 4-' : 0 4-'C 10C .0 IC ii 0" t1:3- ; ...0.(71 ....Y a.) 0" cal I 0 C O. I C a.- io. : 4-4z 0_0 0 ri 0CV ri") 0c-1 'tzt 0 cr) 0 ol c^0.......... -,,, 01 CT70 C -000 0 b.0 .0 Appendices SWOT Analysis Data In order to clarify the strategic challenges confronting the community, the City Council and senior staff conducted a review of the current operating environment using a SWOT analysis methodology. SWOT stands for Strengths, Weaknesses, Opportunities and Threats. The internal strengths and weaknesses and the external opportunities and threats were assessed. This was done in two parts: (1) the Council and senior staff completed a SWOT questionnaire; and (2) participated in a facilitated process that used the questionnaire results as the basis for analysis and decision-making. The following Appendices contain both the raw data generated in the process (Appendices I-V) as well as the strategic challenges that emerged as a result of the process (Appendix VI). City of Brooklyn Center Strategic Planning Summary June 2013 Appendix I SWOT Results - Strengths Council •Current leadership, city manager and department heads working in a collaborative/mutually supportive manner, earning the support of the city council through excellent performance and accountability. •The City has demonstrated results through well-designed programs despite limited resources: e.g. crime reduction, mitigating the impact of home foreclosures, commercial redevelopment, enforcing community standards, are some prime examples •Outstanding effort and commitment by all of our hard working employees. •While the strategic goals/city policies are ultimately the responsibility of the city council, the process of defining goals has benefited by annual council/staff retreats. This has promoted a sense of collaboration with the council. •Councilmembers have worked together, been mutually supportive and respectful of one another. •Our crime stats are coming down and our program in place for domestic abuse for support of the victims is a wonderful addition to our city. •The excellent quality our Police and Fire Departments perform based on the 2012 survey •Recent redevelopment of the new Shingle Creek Crossing property as a result of department heads' efforts •Crime reduction over the past several years has improved city's image within our city (residents) and beyond •Survey results! •-Relationships and partnerships in both the public and private sectors. •-Talented, motivated administrators. •-Relative independence from LGA. •-Goal oriented Council. •-High quality services delivered in a friendly, cost-effective and efficient manner. Staff •A unified and hardworking City Council focused on building the image of Brooklyn Center as a great place to live, work, and play. City of Brooklyn Center Strategic Planning Summary June 2013 •Innovative approaches to problem solving •Strong Leadership Team •Skilled Employees •Strong Balance Sheet - Prudent Fiscal Planning •Teamwork between Departments •Trust between Council and Staff •Strategic Thinking and Strategic Actions •Unafraid to accept challenges •Mission driven •The Mayor's experience, leadership, and compassion for the Community; •The commitment of each Council Member, their sincerity and compassion for the entire community; and their collective efforts (team work ) to benefit the community at large; •The City Manager's experience, leadership, commitment, and pro-active approach in addressing community issues; •The staff's commitment and sincerity in their individual contributions to public service, programs, activities to benefit the community. •The community's spirit.; •The volunteerism of many residents, the civic and business organizations. and activists interested in public service and programs; •The five elementary schools, which complement the City's Park 81 Rec system, and serve as neighborhood focal points; •Team work (within our own department and with all departments and cities and agencies) Pride in the Fire Department. Improved technologies Leadership empowerment •Goal Driven •Less dependence on Gov't Aid •It's people, years of institutional knowledge •Working relationships City of Brooklyn Center Strategic Planning Summary June 2013 •Loyalty •Customer service •Strong sense of serving community •Collaboration •City Council Stability (absence of infighting, disruption) •Overall Staff commitment to quality/ethical service Progressive law enforcement environment and initiatives •Proactive with community inclusion and diversity initiatives •Well organized long-term financial and capital improvement planning •Progressive rental licensing/code violation program. •Council stability and goals •Council support of innovative projects and initiatives •Some diverse work styles and high performing employees •Ability to implement multi-departmental complex programs and processes •Residents rate council and city staff favorably •Good reputation with other government agencies City of Brooklyn Center Strategic Planning Summary June 2013 Appendix II SWOT Results - Weaknesses Council •Little to no diversity among employees, commissions and Council. •Staff resistance to change. •Current mission statement. (Dreaming of an inspirational mission.) •Empty opportunity sites. •Are we appropriately staffed given the growing expectations of the BC community? •Lack of dedicated communications position. •What do we want to be known for? •Lack of inclusion and diversity within departments; some staff feel separation/detachment from management •Citizens lack of knowledge of what the City Council does-better efforts need to be made in attempt to engage the community •The diversity of our city and the many languages spoke is not represented within the website, City Watch and all literature used to inform our residents •Now that things are looking brighter for Brooklyn Center, we should not become complacent. We are not truly being transparent in all areas. •The City is limited in its ability to hire enough staff to fully research issues that will emerge in the future and that will require efficient, cost effective management: new energy saving technologies, newly discovered quality standards for drinking water are but two examples. Staff •Aging infrastructures and the need for renovation or demolition of un-kept properties. •Lacking in diversity and inclusion, language barriers •Broader Training needed in quality management, ,process improvement tools and systems •Aging buildings in need of upgrades, technologically, aesthetically, customer friendliness •Training in cultural competence needed •Resources for capital needs City of Brooklyn Center Strategic Planning Summary June 2013 •Not always customer focused lacking good measures of performance •More administrative and technical staff needed in a few key areas •Limitations of existing staff resources to sustain expanding programs and new community out-reach activities. •Tight budgets with limited discretionary funds for non-essential expenditures to provide basic public services. •Prioritizing the funding for the replacement of furniture, fixtures, and equipment for City Hall meeting and conference rooms. •Civic Pride The perception of too much low income housing which tends to lead to the perception of higher crime, unsafe neighborhoods. The lack of any new home construction. Diversity of its' workforce Inclusion of segments of the community Image/lack of positive PR Adequacy of funding Lack of diversity Gender perspective difference Tendency to "silo" Identifying changing customer needs Aging staff (retirements) •Silos forming around departments •Conflicting priorities for limited resources (space, time, staff, dollars) •High crime rate •City reputation •Outdated facilities (City Hall/Community Center) without collective overall long term plan •Limited resources to manage increasing needs, expectations and workload •Lack of resources to implement initiatives to move city to higher level •Potential of not enhancing quality and performance of organization •Additional internal initiatives spreading resources thin City of Brooklyn Center Strategic Planning Summary June 2013 Appendix III SWOT Results — Opportunities Council •Citizen approval and support for City programs/ service delivery: The strength of support for the City's strategic goals can be judged by the positive results of the recent public opinion survey. •Citizen engagement: The City has improved citizen engagement through our 4 annual Meetings in the Parks and quarterly newsletter. The City website with improved communications features such as E-citizen has the potential for connecting with the younger generation in Brooklyn Center. •Joining together our ethnic/culturally diverse groups into a one community should be looked at as an opportunity as much as a challenge •Our present greatest opportunity for the city is going forward with the Brooklyn Bridge Alliance. •Marketing/Rebranding our city •Redevelopment to increase goods and services within our city and increase tax revenue •Our location-easy access to freeways/highways-15 minutes from downtown •Our parks, trails and our golf course •A more comprehensive strategic planning process necessitates engagement by stakeholders whose voices are rarely heard. This is an opportunity to create relationships that will result in greater engagement from our broader, diverse community. •Redevelopment •Brooklyn Blvd re-imaging •Attracting new, living-wage jobs. •Engaging the Brooklyns Youth Council as advisory--fresh eyes, fresh ideas. •Implementing the recommendations that came out of the Inclusion Study. •Using the issues with the watersheds and manganese in our wells to raise awareness of environmental threats and what individuals can do to help. •Creating new supportive partnerships and relationships inside and outside of the city. City of Brooklyn Center Strategic Planning Summary June 2013 •Mayoral change in Mpls. Staff •The current prices of properties are at a near all-time low, this allows for redevelopment and renovation. •Ethnic and cultural diversity •Geographic location •Great Park System •Quality affordable housing •Many redevelopment opportunities •Continued redevelopment within the City's Central Commerce Area; •Changes in property ownership, resulting in Improved property management and re- investments into the City's rental housing stock [better housing opportunities for people choosing to live in the City vs. having to live here ); •Continued improvements in property maintenance that contribute to increasing home values and positive neighborhood images; •Continuation of the City's street & municipal utilities reconstruction plans; •The reimaging of the Brooklyn Boulevard Corridor •City's ability to promote new housing options within the Opportunity Site, the Brooklyn Boulevard Corridor, and Eastbrook 2nd Addition. •Continued redevelopment of commercial properties within the Brooklyn Boulevard Corridor. •To build upon a positive foundation of our changing demographics and expand the principles which "Make Brooklyn Center a Great Place to Start and the Great Place to Stay". •Inclusion/Diversity •Growing the private sector •Creating strong neighborhoods •Continued commercial redevelopment. •Continued aggressive rental program and code enforcement program. City of Brooklyn Center Strategic Planning Summary June 2013 •Police and Fire •The community's diversity •Redevelopment (Opportunity Site) •Innovation/new services •Collaboration •Technology •Internal marketing •Meaningful and lasting inclusionary actions •Continuing to address crime prevention and not just enforcement •Significant redevelopment opportunity with high available land stock, diverse community. Improvement of resident ratings of community Strengthening existing business community Continued development and attraction of diverse businesses and industries Potential financial independence from LGA and other unreliable resources Improvement and re-imagining of city facilities •Infrastructure/environmental sustainability internally and city wide •Changing community demographics and expectations- age, economic status, ethnicity City of Brooklyn Center Strategic Planning Summary June 2013 Appendix IV SWOT Results- Threats Council •Are we truly prepared for a great disaster, such as a tornado? •Failure to address the growing needs of our diverse community and actively engaging them in ways that are suitable to their culture •Lack of information in other languages to include our diverse community •Uncertainty of future revenue sources at the State and Federal level •Resources: Given the budgetary impasse (state & especially federal) the City faces the prospect of greater demands for services while experiencing less support from both state and federal governments. (Condition 1 creates the potential for) •The disconnect between public demand for quality services and resistance to increasing property taxes. •Growing unfunded mandates. Our federal system of government tends to focus attention and highlight problems at the state and national level, only to leave the funding needed to carry out the mandated programs on cities. •Economic risk: Adverse effects of business cycle; unacceptable level of unemployment in our city even during periods of economic growth due to lack of skills and education. •Losing connection with our citizens: failing to listen to how they want services delivered to them and failing to communicate how the city works on their behalf. •Inability to attract further development/empty opportunity sites leads to disenchantment with the city. •Fiscal instability @ Fed, state and locallevel. •School districts levy referenda voted down. •Reluctance to adapt to the changing expectations and needs of a widely diverse community. •Mayoral change in Mpls. Staff •Short-term investors that are looking at the quick dollar and cheap fix on low priced properties. This is specifically concerning in the single-family rental market. •Lack of Housing diversity •Lack of Income diversity City of Brooklyn Center Strategic Planning Summary June 2013 •Relatively high property taxes on Businesses •Relatively High unemployment rates •Negative external reputation due to perceived high crime •Intolerance of change •Young people w/out hope •The potential dependency on Regional (Fiscal Disparity) and State ( LGA) revenue sharing programs; •The amount of the average household income available for discretionary spending; •The decline in residential property values and potential overburden ( local property tax shift) on commercial 8z industrial properties; •The funding of deferred maintenance costs for residential properties; •Anything which could negatively affects the safety of our children and family values. •Decreasing or stagnant growth of property values. •Tunnel vision - doing things the same as we have always been done (fire department) - we are making progress on that in the fire department. •Recruitment and Retention •Lack of employment •Communication/Language Barriers •Community diversity •Funding concerns •Work force challenges •Stagnant economy •Legislative changes, unfunded mandates •Loss of key staff •Citizen apathy or lack of engagement •The Minnesota Legislature •High crime rate, low valued housing stock. •Maintaining service levels and momentum •Financial resources and dependence on unreliable resources City of Brooklyn Center Strategic Planning Summary June 2013 •Re-identification, association and confusion with Brooklyn Park- messaging and media relation scope creep •Vitality and image of school systems •High taxing rate in certain school districts, with larger impact to commercial properties •Losing competitive edge as other cities imitate programs •Economy improvements and effects on potential development and private reinvestment (also potential opportunity) •Unfunded federal and state mandates •Potentially less involvement of long-term positive community leaders City of Brooklyn Center Strategic Planning Summary June 2013 Appendix V Highest Priorities - from Questionnaire Responses Council •Public safety, through community policing; crime prevention through youth engagement, and leveraging resources for youth development •Commercial redevelopment: economic sustainability through growing our tax base Maintaining residential neighborhoods, code enforcement/upholding community standards, and low interest loans for home improvements. •To begin a much awaited new beginning for the Brooklyn Blvd Corridor. •The city's drinking water will meet or exceed safe drinking water standards. •That no child will be homeless in Brooklyn Center. We will provide for them with safe and clean living conditions, whether it be rental or homes owned by their parents. •Poor housing conditions affect their well being in all aspects of their lives. Every child deserves to live in a stable and safe home in order to become a productive citizen. It is our job to protect our children of Brooklyn Center. •Redevelopment, new business growth to support our community and encourage local shopping and dining •Continue to strengthen our neighborhood watch groups-66% of those surveyed in 2012 do not participate •Connecting to, and collaborating with, our various cultures and work to include other languages in our communications, ie. City Watch, website, and informational literature •Continue aggressive redevelopment and neighborhood stabilization. •Continue toward the goals set by the PD for reducing crime. •Begin implementing the recommendations of the Inclusion study. Staff •Continue to attract business investment •Market the clear and obvious successes to reduce the impact of the bad image of Brooklyn Center from late 2000. •Increase community involvement with City sponsored activities. •Providing young people with opportunities for success City of Brooklyn Center Strategic Planning Summary June 2013 Redevelopment of Commercial and Industrial Sector Expand Housing Opportunities- Senior, Luxury Apartments, Townhomes The continuation of a Community Policing Program which demonstrates a high profile of police presence and proactive involvement. The continuation of the Neighborhood Street & Utility Reconstruction Program. Redevelopment within the City's Central Commerce Area (Proactively working with the developer on the successful redevelopment of the former Brookdale Mall [Shingle Creek Crossing). •Improve the aging housing stock •Continue redevelopment of blighted or vacant commercial area •Safety of the residents •Continued financial stability •Continued redevelopment •Engaging our diverse community •Image/perception of crime •Building on the gains made in positive public image •Continuing to improve condition of infrastructure •Financial stability/continuity •Continued reduction of crime rate/safer community •Redevelopment initiatives •Improve/stabilize residential neighborhoods (vacancies). •Continued public safety improvements •Continued neighborhood revitalization •Re-imaging of city facilities and community City of Brooklyn Center Strategic Planning Summary June 2013 Appendix VI Strategic Challenges -An assessment of how organizational strengths could leverage opportunities and how weaknesses could be exacerbated by threats was conducted. This yielded a set of strategic challenges for the community Strategic Challenges facing Brooklyn Center: •Citizen engagement and outreach •Creating pride in strong neighborhoods •Redevelopment- What and How? •Capitalizing on environmental and physical attributes •General economy-income, unemployment, slow growth •Housing, opportunity sites •Diversity-inclusion-engagement: growing needs, language, participation, leadership •Adaptability- reluctance to change, needing a competitive edge Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: 21 June 2013 TO: Curt Boganey, City Manager II k FROM: Daniel Jordet, Director of Finan04r . SUBJECT: Issuance of $ 5,080,000 of congr bonds for ASG Brooklyn Center Acquisition of the Odyssey Academy building Recommendation: It is recommended that the City Council receive a presentation from Cushman Wakefield and Odyssey Academy. Staff asks that the Council consider whether it would be willing to consider a resolution calling a public hearing for 22 July 2013 on the sale of said bonds at its next regular meeting. Background: On Monday, 15 April 2013 Jenny Boulton of Kennedy and Graven forwarded to me a preliminary offer sheet for about $ 5,000,000 worth of conduit bonds to be issued by the City of Brooklyn Center for ASG Brooklyn Center on behalf of Odyssey Academy, a charter school located in the former Orchard Lane School building in Brooklyn Center. No information or request had been received from either ASG or Odyssey Academy at that point. On Monday, 13 May 2013 you and I met with John Sedey, Executive Director of Odyssey Academy. He presented staff with a copy of a PowerPoint presentation made to a parent information session about the possibility of financing the purchase of their building and various improvements to the facility and changes to the curriculum. Mr. Sedey was surprised when informed that this was the first meeting that the City had participated in with anyone from Odyssey Academy about the proposal to issue bonds. During the course of the conversation, Mr. Sedey was given a copy of the City's Conduit Bond Administrative Guidelines and an application form for conduit bond issuance. He indicated that the application would be completed and returned to the City. That application was completed and returned to the City on Tuesday, 28 May 2013, with a request to schedule the public hearing for the bonds as quickly as possible (application copy attached). Staff indicated to Odyssey that it would be preferable to approach the City Council with some background explanation of the proposal at a Council Work Session before committing to a public hearing and sale of bonds. That meeting is scheduled to take place Monday, 24 June 2013. The following interested groups will be represented at the work session for the presentation; o Board of Directors of Odyssey Academy o Board of Directors of ASG Brooklyn Center o Cushman & Wakefield real estate services, developer of the project proposal Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION o Ziegler, a specialty investment banker acting as underwriter and financial advisor to ASG on the proposal This group will present the framework of the project and discuss/explain the proposed issuance of bonds by the City of Brooklyn Center on behalf of ASG. Staff can, if desired, follow the Odyssey group with a short presentation of the information discovered about the proposal during due diligence efforts to date. It is likely that the Odyssey group will ask the City Council to call for a public hearing on the issuance of said bonds at the Monday, 22 July 2013 regular Council meeting. Staff will look to the Council for a recommendation on proceeding with the scheduling of the hearing. Budget Issues: The financial risk to the City in this program is negligible. The City would be neither legally nor morally committed to remedy any default from its tax base or reserve funds. Success or failure of the program will neither enhance nor harm the City's current credit rating. The City, under the Administrative Guidelines, would receive a fee of 0.50% of the face value of the issue ($ 25,400) as a fee. In addition the City's legal fees and publication fees will be reimbursed by ASG Brooklyn Center. Mission: Ensuring an attractive, clean, sq/i? community that enhances the quality of life and preserves the public trust I City of Brooklyn Center Application for Conduit Revenue Bond Project Financing 1. Applicant a.Business Name - ASG Brooklyn Center b.Business Address - 801 Nicollet Mall, Suite 325 Minneapolis, Minnesota 55402 c.Business Form ElCorporation 0 Partnership 0 Individual 0 Other d.Authorized Representative - Name Greg Gredvig Title Board Chair Telephone 612-709-7658 . Name(s) and Addresses of Major Stockholders or Principals: a. Name N/A (Applicant is a Address non-profit corporation with no owners or principals b.Name c.Name Title Title Title Address Address 3.Give Brief Description of Nature of Business Principal Products, Etc.: Applicant's sole purpose is to open the facility at 6201 Noble Ave North and lease the facility to Odyssey Academy 4.Purpose of Requested Financing: Purchase of facility at 6201 Noble Avenue and completion of deferred a.New Facility? (describe) maintenance and some renovations Located at?6201 Noble Avenue North, Brooklyn Center, Minnesota b.0 Expansion? (describe) DOCS-#3897668-v1 5.Project Cost and Financing For: Land Building Equipment Loan and Legal Fees Interest During Construction Contingency Other Fees and Costs Total Cost Less Equity Financing Requested $3,876,000 $ 411,747 $ 150,000 $ 641,653 $5,080,000 -0- $5,080,000 6.Have You Applied For Conventional Financing? a.Yes Describe - Tax-exempt bond financing was more advantageous to the school because of the current interest rate environment. Also, $500,000 -$1,000,000 of equity for b.No El Why Not? conventional financing was not available. 7. Business Profile: a.Are you located in the City of Brooklyn Center Now? b.Number of employees in Brooklyn Center i. Before this project 46 Ii After this project 50 c.Approximate annual sales $3,670,000 d.Length of time in business 15 yrs. e. Do you have plants in other locations? El Yes 0 No In Brooklyn Center - 11 yrs. CI Yes El No If Yes Where? f. Attach a brief biographical-type write-up on your Company or Business. See attached. NOTE: ALL RESPONSES TO THIS SECTION RELATE TO THE SCHOOL, NOT THE BORROWER. 8. Names Of: a. Underwriter — Firm Name B.C. Ziegler & Co. Address 200 S. Wacker Dr., Suite 2000 Chicago, IL 60606 Representative Will Fossel Telephone 312-705-7236 i. Has preliminary financial analysis by underwriter required by City policy been completed and attached to this application along with the loan application? El Yes 0 No See attached. b.Bond Counsel — Firm Name Kennedy & Graven Address 200 S. 6 th Street, Ste. 470 Minneapolis, MN 55402 Attorney Name Ben Johnson Telephone 612-337-9259 c.Corporate Counsel — Firm Name Lindquist & Vennum Address 80 S. 8 th Street, Ste. 4200, Minneapolis, MN 55402 Attorney Name Craig Kepler Telephone 612-371-3544 2 DOCS -#3897668 -v1 By: Date 9.Have you ever been in bankruptcy 0 Yes Fil No Defaulted on any Bond or Mortgage Commitment? 0 Yes Im No If yes, give details, 10.What is your target date for: a.Construction start - July 23, 2013 b.Construction Completion September 1, 2014 1. Do you have preliminary City approval for zoning and construction? 0 Yes a.If "yes", then please ask those City Departments to send preliminary approval memos to the Finance. Department N/A We are not doing work that impacts zoning, primarily interior cosmetic updates. b.If "no", then please submit preliminary site and building plans to Building & Community Standards and Public Works Department prior to submitting this application if possible. N/A We are not doing work that impacts zoning, primarily interior cosmetic updates. 12. Financial References: a.Bank Sunrise Banks, Kathy Bjerke, 651-523-7833 b.Mortgage c. Other Conduit Revenue Bonds, if any (give name of Trustee) ASG Brooklyn Center Applicant For Further Information, Contact: Finance Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Telephone (763) 569-3345 (Also, note that a $3,000 non-refundable processing fee is to accompany this application. Issuance fee is calculated as follows: 0.50% of par up to $20,000,000, plus 0.15% of par in excess of $20,000,000.) 3 DOCS-#3897668-v1 5/22/13 Overview of Odyssey Academy Odyssey Academy-History and Mission Odyssey Academy is a Minnesota nonprofit corporation and a governmental agency of the State of Minnesota. Odyssey was incorporated May 1, 1998, and services grades K-8. Odyssey is located in Brooklyn Center, Minnesota with 288 students currently enrolled. The school plans to increase enrollment to 333 students for the 2013-2014 school year and increase enrollment to 360 students within 3 years. Odyssey is authorized by The Audubon Center of the North Woods. The majority of the students attending the school come from Minneapolis, one of the lower performing school districts in the state. Odyssey Academy is committed to providing a nurturing, innovative, and challenging environment emphasizing independent thinking, active learning, high academic achievement and social responsibility through partnerships with families, teachers, and communities. The Fundamental values and beliefs that support the mission, goals, and programs of Odyssey Academy are: Children, by nature, are learners and are capable of high achievement; Families are the first and primary educators for children; •Children need a safe learning environment, accepting of their individuality and diversity learning styles and abilities; •Learning occurs best when Positive, long-lasting relationships exist between families, educators, and communities; and Children become involved citizens and contribute to the community when they experience supportive environments and caring relationships with others. Odyssey Academy-Academic Program Odyssey teaches the general curriculum framework well aligned with Minnesota State standards. Odyssey's comprehensive program of instruction is based on best practices and research-based data supporting the efficacy of this rich and rigorous curriculum. The school takes pride in promoting project-based learning that is taught within a nurturing community. Through philosophy and practice, Odyssey Academy seeks to fulfill the following purposes for establishment of charter schools as stated in law: •Improve student learning o Maintaining small class sizes (maximums of 18:1 in kindergarten and 22:1 in grades 1-8) o Special service (Title I, mentoring, special education) o Systematic assessments and reporting to parents (parents are partners in the process) o Summer programming to eliminate the learning slump between spring and next fall Increase learning opportunities for students o Environmental education (including residential grades 1-8) o Spanish taught grades K-8 for all students o Extensive accessibility and use of technology o Student peer helpers 4 DOCS-#3897668-v I Use of different and innovative teaching methods o Use of project-based learning principles o Multi-grade groupings o Teaming o Experiential learning Create different and innovative forms of measuring student outcomes o Curriculum aligned to Minnesota - standards, but often the approach is different o Students and parents partners in education (volunteerism and mentoring) Measurement of student learning o Multiple assessments' o Student demonstrations and exhibits 3 times per year o State assessments o Standardized assessment at all grades (NWEA 3 times per year, AIMSweh ongoing) Create new professional opportunities for teachers o 1/3 of School Board is made up of Odyssey staff o All teachers are members of Professional Learning Communities (meet 3 times per mo.) o -Lead team of teachers advises Executive Director o School Improvement Committee provides direction to individual and school-wide professional development 5 DOCS-#3897668-v1 PRELIMINARY BOND STRUCTURE AS OF MAY 2S1 1 1, 2013 Issuer: City of Brooklyn Center Issner') Description: Seues 2013 Revenne Bonds the 'Bonds") School: Odyssey Academy the 'School') Borrower: ASG Brooklyn Center (the 'Borrower') to be managed by an entireh- separate 'board from the School. The board will comprise a total of 3 indivdnth - two charter school and experienced real estate professionals and an experienced financial professional employ -ed at Wells F:srgo. Underwriter: Credit Rating: Puipose: Par Aiuoust of Bonds: Repayment: Collateral & Securirv: PH IOSS901v2 0 .2 Oi 1:; WC. Ziegler and Company 1:'Zieg,let') The School will not apply for a Credit Rating the 'Rating') The expected nse of bond proceeds is to provide Odyssey Academy with the necessary lYtnds to 1) finance the acsnisition of a) 'a 45,116 sq ft, two-story bnilding and b) 12.7 3 acres of land, ,2'.i a) replace the fixtares and flooring that have ontlired their nsefnt lives b) provide fOr redesiolaang renovations to meet secntity needs, npgrade lighting in the classrooms and American with Disability Act npdates, c) install air conditioning to accommodate the newly estabLshed stammer extended day programming, d repah the exterior shell of the property and the parking lot and e) install exterior signage to better identify the school, 3) fnad a debt service reserve fnnd, 4 fund rip to tis months of capitedized interest on the bonds, and ::)) pay for certain costs of issnance related to this financing Approximately S4,7 S0,000 in tax-exempt bond proceeds and $300,000 in taxable bond proceeds. This incindeS a pnrchase price of $2,524,000 iS:r the land and improvements and 51.430,000 of renovations pin:s capitallized interest, a debt service reserve fund and c .o st s of issuance of the bonds. Sentia.tannal niterest ailcl Taal pintcipal payment:, ttlaly faild pas,.-nieitts First inoitgage ieii and app opriate title insniance on land :ind bsilclntgs located at 6201 Noble Avenue North, Brookla-n Center, MN 6 DOCS-#3897668-v1 Prior - et on all re:ye:Lines of the Borrower siala .,,ect to the Intercreditor Azreeinent for Operating Line of Credit, School to enter into Accown' Control i-a.s.,areement with trwstee The Borrower wr11 have secrued a 30-year lease from the School in:which the School's payments from state lease aid will minimwm, frilly cover debt service and related ezi-penses for the entire naatv..rity of the tax-exempt bond Fiv fianded Debt Service Reserve Fid etpaal to the lesser of tuaimiinnm anvoral debt service, eztclitclin.s; finial Year_ of p..ar: :amount, and 31 of average annwal aclosted debt servioe, excludinz final ye,ai: Repair & Replacement Fland to be ftraded as follows: S2,000 to be deposited monthly beo.,,raningint'y 1, 2014 wiatil the balance ls S100,000 Financial Covenants; To he finalized, espected Animal Debt Service Coverage Ratio of At least L .2.0x commencing yule 30, .2014 and each pane 30 thereafter To be finalized, eap-ected Days Cath on Hand of at :east 45 days commenorritz ,Tnne 30.:2 014 and each ,Inne 30 thereafter Additional debt test to be ne.c..;otiaterd Financial Repotting TheSohool shallisrovide: Requirements: La te l y...111T prepa re d, nnanchted o,narterly firrancial stateinerns nada:chits: a balarioe sheet, inochie statement and statenaent cash fion-s to be piovided within of CrlAttel end la. dated financials -a-,thin 150 days of FIE Sltbtnisitc-I co:naljance certaticate T.,iraned by the Schc-ol within 120 days of BYE. Enrollment And ara den data to be released on an ammal basrs An lanal badger of the School within 30 dxct of board approval Provide forecasts tori or other information as m ay PIE 108 01v C,2 0', 13 7 DOCS-#3897668-v1 reasonably iec,Irsested br Ziegler, vn Antarial semi-anal:al save:tot calls Conditions Precedent: Inclnding, bsit :tot Limited to. the follownsg, with all doonments to be bifactoi7 in form and sribstaisce to Ziezle.s. Evidence satisfactory to Ziegler thtt the School is anthorited to enter into this transacfion Review of stnclerlyinz bond docsatnents satisfactory to Ziezier and their stradertt-riter's connsel xncrdiitgsatisfactorr opinions Receipt of a satistactory G anteed ti tLtvin Price C'GlifF) constinction oontract for the renora.ons of the Facilitr iv Cittrent NC.AI certified appraisal to be provided to Ziegler on facilities being, financed with the Se.ries 2013 Bonds Snbmission of Phase I eitrnonmetta1 report to be oidered and paid ft.)r by the School No material adverse change in the condition, financial oi otherwise, operations, properes, assets ot prospects of the School No material threatened ot gation ca,. contingent obligafio LIS Documentation;Frnaicin docstinesits in form and sstbstance satisfactory to Zieglet trotst be en_oecnted and delit-eted containing representations, NI"..tiraittt covenants, conditionsto financinz, events of deft-sit and orbei ptovisions as are appropriate in ZregLer's opinion This summary is not a commitment by Ziegler to purchase all or any part of the bonds or provide financing. for any projects contemplated herein. All terms and conditions of any potential underwriting are subject to the signing of an engagement letter with Ziegler, subject to the terms and conditions contained within said engagement letter. PR: 1CtSt1901v2N.11c 8 DOCS-#3897668-v1