HomeMy WebLinkAbout2014 01-27 CCP Regular SessionAGENDA
CITY COUNCIL STUDY SESSION
January 27, 2014
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
a. Water Treatment Plant Tour Discussion
3.Discussion of Work Session Agenda Items as Time Permits
4.Adjourn
MEMORANDUM - COUNCIL STUDY SESSION
DATE: January 21, 2014
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works/City Engineer SOM
SUBJECT: Water Treatment Plant Tour Discussion
Recommendation:
It is requested that the City Council consider scheduling a tour of the City of Andover's water
treatment plant.
Background:
A component of the preliminary design of the City of Brooklyn Center's water treatment plant is
to involve key staff members and City Councilmembers to help establish and determine certain
plant design criteria. The City of Andover's water treatment plant is being suggested as a starting
point to introduce and tour. Andover's water treatment plant was chosen as it is similar in
concept layout and treatment processes that are expected to be used in Brooklyn Center's plant.
The following dates are currently offered by City of Andover staff during the time period of 7:30
am to 3:00 pm:
•February 3-7
•February 11
•February 14
•March 3
•March 11-14
•March 17-21
Brooklyn Park is also available during the evening hours on these dates if the City Council
prefers an evening tour in addition to the Andover day tour. However, please note that Brooklyn
Park's plant is not necessarily similar in several regards pertaining to both operation and the fact
that it is an older plant that has been recently upgraded/retrofitted.
It is estimated that a tour of a plant will take approximately two (2) hours, including travel time
from Brooklyn Center. Transportation would be coordinated if desired.
Policy Issues:
Does the City Council desire to schedule a tour of the City of Andover's water treatment plant?
Strategic Priorities:
•Financial Stability
Mission: Ensuring an attractive, clean, suft, inclusive community that enhances the quality of life
for all people and preserves the public trust
** REVISED **
CITY COUNCIL MEETING
City of Brooklyn Center
January 27, 2014 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.December 9, 2013 — Study Session
2.January 13, 2014 — Study Session
3.January 13, 2014 — Regular Session
4.January 13, 2014 — 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
March 15, 2014
d.Application and Permit for Temporary On-Sale Liquor License Submitted by
Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be
Held March 7 and 8, 2014
** REVISED **
CITY COUNCIL AGENDA -2- January 27, 2014
e.Resolution Authorizing a Loan Application to the Minnesota Public Facilities
Authority for the City of Brooklyn Center's Water Treatment Plant Project No.
2014-05
f.Resolution Establishing Parking Restrictions on June Avenue North from 61 st
Avenue North to 63 1d Avenue North
** g.Acceptance of Pay Equity Compliance Report - 2013
7. Presentations/Proclamations/Recognitions/Donations
a. Resolution Expressing Recognition and Appreciation of Patricia Glenn for Her
Dedicated Public Service on the Financial Commission
Requested Council Action:
—Motion to adopt resolution.
8. Public Hearings
—None.
9.Planning Commission Items
—None.
10.Council Consideration Items
a. Hearing for Sara Scholl, 3307 Poe Road, Regarding Dangerous Dog Declaration
Requested Council Action:
—Motion to open hearing.
—Receive testimony from appellant.
—Motion to close hearing.
—Motion to uphold or reverse the decision and findings of the Animal
Control Review Panel.
b. Consideration of Type IV 6-Month Provisional Rental License for 5444 Dupont
Avenue North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Take action on rental license application and mitigation plan.
** REVISED **
CITY COUNCIL AGENDA -3- January 27, 2014
c. Consideration of Type IV 6-Month Provisional Rental License for 6316 Quail
Avenue North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Take action on rental license application and mitigation plan.
d. Consideration of Type IV 6-Month Provisional Rental License for 7208 Dallas
Road
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 6607 Drew
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.
f. Consideration of Type IV 6-Month Provisional Rental License for 3019 Mumford
Road
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 4204
Lakebreeze Avenue
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.
** REVISED **
CITY COUNCIL AGENDA -4- January 27, 2014
h. Consideration of Type IV 6-Month Provisional Rental License for 6724 France
Avenue North
1. Resolution Approving a Type IV Rental License for 6724 France Avenue
North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Motion to adopt resolution.
Consideration of Type IV 6-Month Provisional Rental License for 5301 Dupont
Avenue North
1. Resolution Approving a Type IV Rental License for 5301 Dupont Avenue
North
Requested Council Action:
—Receive staff report.
—Motion to open hearing.
—Receive testimony from applicant.
—Motion to close hearing.
—Motion to adopt resolution.
11.Council Report
12.Adjournment
City Council Agenda Item No. 6a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
DECEMBER 9, 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 6:20 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works
Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and
Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards
Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeS aver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Ryan asked, with regard to Regular Session Agenda Items 6d and 6e, Consent
Agenda, Wangstad Area Street and Storm Drainage Improvements, if staff intended to conduct a
study to determine whether the desired functionality has been achieved. He added residents
have expressed their concern to him that the areas with width reductions will be difficult for
snow plows to maneuver. He noted the design characteristics are similar to those at the lower
part of June Avenue N. from Bass Lake Road north to the 2014 project area.
Public Works Director/City Engineer Steve Lillehaug stated the City has not collected data that
would show the effect of design modifications on Dupont Avenue N. Councilmember Ryan
stated that one resident, a former City employee, has noted that the Dupont Avenue N.
modification makes it difficult for snow plows to maneuver and there could be a wear-and-tear
factor. He added he would like to hear more about this issue from staff.
Mr. Lillehaug stated other areas besides Dupont Avenue have had width reductions. He agreed it
takes a little more effort to plow around the curbs, but the plow operators are experienced and
know their routes, and the modifications have resulted in a reduction in traffic speed. He agreed
that it would be beneficial to have traffic counts.
Mayor Willson stated, in his opinion, the modifications are having a positive effect, and he has
noticed that it causes him to stop and think when he drives through the area.
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Councilmember Lawrence-Anderson asked, with regard to Consent Agenda Item 6b, Licenses,
whether the four tobacco-related products licenses were new or existing licenses. Mr. Boganey
stated they are all renewal licenses.
Councilmember Myszkowski requested the following changes in the Regular Session minutes of
November 25, 2013:
-Page 1, Item 2, "Invocation," replace "in memory of" with "recognizing the tragic
accident in which".
-Page 8, Item 11, "Council Report," 11th line from bottom, replace "SEAT" with
"CEAP"
Mr. Boganey reviewed an application for liquor license received by City staff from Mr.
Mohamed Shambolia, owner/proprietor of Mr. BBQ, 2101 Freeway Boulevard. He stated the
application has several deficiencies, but the applicant asked that staff request the City Council's
consideration of this application before the end of the year. He noted the primary deficiencies
related to the application are the restaurant's CPA certification, which was not completed by a
qualified authority; and past due/delinquent taxes.
Mayor Willson stated he met with the owner and his attorney within the last month, and
delinquent taxes were an issue at that time. He added he advised the owner that the tax situation
would need to be resolved before his license would be renewed. Mr. Boganey stated the
restaurant is also delinquent on City utilities.
Mayor Willson stated that the owner indicated he had a payment plan in place with the County.
Mr. Boganey stated the City Attorney has advised that an agreement with the County is not
sufficient to meet the letter of the City ordinance pertaining to licensure. He added the City
Council could direct staff to send a letter to the applicant indicating reasons for denial of a
license, or add it to tonight's agenda with a recommendation of denial as the application is not
complete.
Mayor Willson stated he would prefer to let the applicant know that the City Council will not
consider an incomplete application, rather than put it on the agenda. City Attorney Charlie
LeFevere agreed, adding there are further grounds for non-renewal that are still being compiled
by staff, and a hearing will be necessary in any case.
It was the consensus of the City Council that the license application for Mr. BBQ would not be
considered at tonight's meeting, and that staff would be directed to work with the applicant in an
attempt to complete the application.
MISCELLANEOUS
Review of "Vaping" Lounges Regulatory Issues
Councilmember Lawrence-Anderson stated she met with Emily Anderson of the Association of
Non-Smokers of Minnesota, along with Councilmember Myszkowski and Officer Kris Knodle,
to review the issue of "vaping," or non-smoking cigarettes, and vaping lounges. She added Ms.
Anderson provided very valuable information regarding this alarming trend, which is targeted at
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youth. She stressed the importance of placing a moratorium on such businesses until the City
Council can discuss this issue and make the necessary ordinance changes to provide control and
restriction at the City level.
Councilmember Lawrence-Anderson expressed concern that because of redevelopment in
Brooklyn Center, specifically Shingle Creek Crossing, the City's older strip malls will attract
these new types of businesses that are not desirable in terms of quality and image. She added she
submitted a sample ordinance from the League of Minnesota Cities to Mr. Boganey for staff
review. Mayor Willson stated he would support directing staff to research this issue and provide
more information to the City Council at a study session, including staff report and possible
solutions. The City Council agreed.
Mayor Willson asked whether a moratorium could be placed on development of this type of
business while the City Council reviews this issue. Mr. LeFevere confirmed this. Mayor
Willson stated the City Council should consider what type of designation could be used to
differentiate it from other businesses. Mr. LeFevere stated, with regard to hookah lounges, the
Minnesota Clean Indoor Air Act includes an exception for sampling in licensed tobacco retailers,
but there is no definition of sampling. He added this is an easy fix, as the sampling of tobacco
could be strictly prohibited in the City ordinance pertaining to licensure.
Mr. LeFevere stated the City Council could consider a moratorium on this entire kind of
business, which would not affect existing businesses, and a study could be conducted. He added
it is within the Council's aegis to impose licensing and regulation, which can be done without a
moratorium, and unless the ordinance is changed, hookah lounges are a permitted use.
Mayor Willson stated applicants could come through for approval before the ordinance
amendment process is complete and the ordinance takes effect. Mr. LeFevere stated the City
Council could adopt a moratorium resolution at the same time that a moratorium ordinance goes
into effect. He added there is legal precedent for that process, and it is a defensible case. He
noted this could be addressed by the City Council at its next Regular Session. The City Council
agreed.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study
Session at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
reconvene the Study Session at 6:47 p.m.
Motion passed unanimously.
12/9/13 -3- DRAFT
Review of "Vaping" Lounges Regulatory Issues - continued
The discussion continued on the issue of an amendment to City ordinance related to regulation of
non-smoking lounges.
Councilmember Lawrence-Anderson thanked Mayor Willson and the City Council for their
consideration of this issue and its implications for the community. Councilmember Myszkowski
agreed, adding the meeting with Emily Anderson was very informative, and she was horrified to
understand the extent that big tobacco corporations are involved in promoting vaping to youth.
She noted the #1 flavor for non-smoking devices is gummi bear.
Councilmember Lawrence-Anderson expressed concern that a new generation of non-smokers is
now being exposed to this concept, which appears hatmless and safe due to lack of education.
Councilmember Ryan stated he appreciates the efforts of Councilmembers Lawrence-Anderson
and Myszkowski for bringing this issue forward for the Council's attention and action.
Councilmember Kleven also thanked Councilmembers Myszkowski and Lawrence-Anderson for
bringing up this issue so the Council could address it with some urgency.
Residential Holiday Lights Displays
Councilmember Kleven asked whether there is a list of homes with holiday lights displays on the
City website. Mr. Boganey stated there is not a list on the website. Councilmember Kleven
stated she would like to see this considered for next year, as it would be good for the community.
Mayor Willson suggested that a notice could be placed on the website asking residents to notify
the City if they have a holiday lights display. Mr. Boganey stated that could be reviewed for
next year, but it would have to be on a self-reporting basis. Councilmember Kleven stated a
contest could be held to recognize the homeowners.
Liquor License — Mr. BBQ
Mr. Boganey stated that Mr. Mohamed Shambolia, owner/proprietor of Mr. BBQ, arrived at the
meeting after the open forum had closed. He added Mr. Shambolia was hoping to have an
opportunity to speak to the City Council. Mayor Willson agreed to accommodate this request.
ADJOURNMENT
Mayor Willson declared the Study Session adjourned at 6:56 p.m.
12/9/13 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JANUARY 13, 2014
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
Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe,
and Mary Mullen, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Kleven noted that pages 3 and 4 of the December 9, 2013, Study Session
minutes were not included in the meeting packet and were not available on the City website. She
noted these pages relate to the City Council's discussion regarding vaping devices. City
Manager Curt Boganey apologized for this oversight and recommended that the minutes be
removed from the January 13, 2014, Regular Session agenda and a complete set be brought back
at the City Council's next meeting. The Council Members agreed.
Mayor Willson stated there are many cities in the metropolitan area that are reviewing vaping
lounges. Councilmember Kleven stated she visited a vaping lounge, "The Vapor Bunker," in
Robbinsdale, to experience it firsthand.
Councilmember Ryan stated this topic was discussed at the ARM meeting on January 9, 2013.
He added he was pleased to report to the Association that the City Council is addressing the issue
with the moratorium and ordinance amendment proposals. He noted there is a lot of uncertainty
and questions surrounding this issue. Mayor Willson agreed, adding the long-term health effects
related to the use of vaping devices use is not known.
Councilmember Ryan stated he would like the opinion of the City Attorney on whether Charter
Cities can regulate the use of vaping devices, based on authority granted by the Minnesota Clean
Indoor Air Act with regard to secondhand smoke. Councilmember Kleven agreed, adding the
BCBA was pleased that the City is taking a progressive stance on this issue.
Mr. Boganey stated the proposed moratorium and ordinance are on the Regular Session agenda.
01/13/14 -1- DRAFT
He added the proposed action precludes smoking lounges and hookah lounges, and the City has
the ability to enact controls and regulations to prohibit on-site sampling. He noted the City
Attorney could address the Council's questions during the Regular Session meeting.
Councilmember Ryan stated there might be a subsequent action by the City Council that would
further control and regulate the distribution and sale of vaping devices, but the proposed
moratorium and ordinance are good first steps. He added it would be helpful to have information
about future effects of vaping devices from the Minnesota Department of Health.
Mr. Boganey stated there is little information currently available regarding the future impact of
vaping devices, to determine whether they are a threat to the health, safety and welfare of the
general public. He added, in that case, the City Council might have legal authority over
regulation and sale of vaping devices.
Mr. Boganey stated the proposed ordinance relates to all tobacco-related shops where sampling
is allowed. He added the proposed ordinance closes that loophole in the Minnesota Clean Indoor
Air Act, which does not regulate on-site sampling.
Mayor Willson asked whether vaping devices can be considered "tobacco-related products". Mr.
Boganey stated he is unsure. Councilmember Myszkowski stated vaping devices are being
produced by the tobacco industry and contain nicotine.
Councilmember Kleven requested clarification with regard to Regular Session Agenda Item 6i,
Resolution Calling for a Public Hearing Regarding Proposed Use of 2014 Urban Hennepin
County Community Development Block Grant Funds. She asked whether the public hearing will
be printed in the Brooklyn Center Sun Post newspaper. Mr. Boganey stated public notice is a
requirement, and it would be printed in the next upcoming issue.
Councilmember Myszkowski presented a list of recommendations for Regular Session Agenda
Item 10c, Mayoral Appointments. She requested feedback from the City Council. There was
consensus among the Councilmembers that the recommendations were appropriate.
Councilmember Ryan noted that Mayor Willson is listed as the new liaison to the North
Hennepin Area Chamber of Commerce. He stated Mayor Willson would receive information
and updates from the Chamber via email, and he would need to contact them to provide his email
address. Mayor Willson agreed.
Councilmember Myszkzowski requested the following change to the Council Packet for
January 13, 2014, Regular Session Agenda Item 61, "Memorandum of Understanding": on page
1, fourth line from the bottom and page 2, fifth line from the top, replace "relation" with
"relationship".
MISCELLANEOUS
2014 Sales Tax Exemption
Mayor Willson requested clarification regarding the sales tax break that Minnesota cities and
01/13/14 -2- DRAFT
counties will be getting in 2014. Mr. Boganey stated the savings will amount to approximately
$100,000 and is predicated on 2013 sales tax. He added the funds have not been allocated, and
they provide some flexibility with regard to the 2014 City Budget.
Street Signage Request
Councilmember Ryan stated he was contacted by a resident who lives near the intersection of
53 rd and Dupont Avenues N, regarding new signage at that intersection which says "Crossing
traffic Does Not Yield". He added the resident requested that a similar sign be added to the
approach on Dupont Avenue from the south, which is within the City of Minneapolis.
Councilmember Ryan asked whether the City of Minneapolis would be adding a similar sign.
Mr. Boganey stated they are not adding any signage at that location as far as he is aware.
Mr. BBQ Restaurant — Update
Courici'member Kleven asked whether staff had an update with regard to the sale of the Mr.
BBQ restaurant. Mr. Boganey stated there are no new developments. He added there has been
some interest expressed by the owner with regard to a zoning amendment for the property, which
would suggest a new proposed use at the site, but no application has been submitted to the City.
February 6, 2014 — Grand Opening
Mayor Willson asked whether City staff had distributed invitations to the February 6, 2014,
Grand Opening. Mr. Boganey confirmed that invitations were sent out.
Weather-Related Concerns Regarding Mail Delivery
Councilmember Kleven asked whether any Councilmembers had received questions from
residents regarding mail that was not delivered during the recent cold weather.
October 17, 2013, Charter Commission Meeting Minutes
Councilmember Lawrence-Anderson requested clarification regarding ordinance language
amendments that have been proposed by the Charter Commission and included in their
October 17, 2013, minutes. She added the City Council has requested a joint meeting with the
Charter Commission to review these proposed changes. Mr. Boganey stated he would need to
review the Charter Commission minutes before giving a definitive response.
Councilmember Lawrence-Anderson stated, according to the October 17, 2013, Charter
Commission minutes, Charter Commission Chair Leino was asked whether the City has an
application for vacancies on the City Council. She added that Chair Leino indicated there is no
uniform application, and that he would talk to the City Clerk about this issue. Mr. Boganey
stated applications are taken if there is a Council vacancy.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
REVIEW AND DISCUSSION ON ITEMS RELATING TO THE FUTURE
REDEVELOPMENT WITHIN THE SOUTHERN PORTION
OF THE OPPORTUNITY SITE
Mr. Boganey introduced the issue and presented background information regarding the potential
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redevelopment of the Opportunity Site, 32 acres now owned by the City. He noted the City
Council should provide guidance and direction to City staff after reviewing the results of the
market study and concept plan.
Director of Business and Development Gary Eitel reviewed the planning and redevelopment
strategy for the opportunity site. He requested the City Council's consideration of a residential
market study conducted by the McComb Group, as well as redevelopment concept plan
presented by ESG Architects, as the foundation for building an implementation strategy.
PRESENTATION BY MCCOMB GROUP OF A RESIDENTIAL DEMAND STUDY
2015-2035
Mr. Eitel introduced Jim McComb of McComb Group, and invited him to address the Council.
Mr. McComb reviewed Residential Market Demand Study (2015-2035) for the Opportunity
Area. He stated that the objective of the study was to determine appropriate and viable land uses
for the Opportunity Area based on current residential market demand.
Mr. McComb stated that Brooklyn Center, which is located within the 1-94 growth corridor, can
accommodate housing potential in the Opportunity Area. He added the average median income
for Brooklyn Center residents was $49,327 in 2011 while the average median income for the
metropolitan area for the same period was $62,465. He noted the proposed development would
be suitable for all general occupancy and senior housing types, dependent upon future market
conditions, and "workforce" and affordable units should also be included.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close
the Study Session at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Ryan moved and Councilmember Kleven seconded to reconvene the Study
Session at 6:47 p.m.
Motion passed unanimously.
PRESENTATION BY MCCOMB GROUP OF A RESIDENTIAL DEMAND STUDY
2015-2035 — CONTINUED
Mr. McComb continued his presentation of the Residential Market Demand Study. He stated
that "workforce" housing - households with incomes over $51,550 and $64,400 for two and four
person households, respectively — would be approximately 80% of the Area Median Income
(AMI). He added the recommended rental rates for the Opportunity Area range from $1,250 to
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$2,500. He noted this is a new market area that is untested, and lower rates are recommended to
entice new residents.
Mayor Willson stated the rental rates seem high, and asked how they compare with Brooklyn
Center's current establishment. Mr. McComb stated the current maximum monthly rental rate is
approximately $1,100. He added that Brooklyn Center has an aging rental population, and the
Opportunity Area will be a unique site with attractive features close to the downtown area,
desirable to potential residents with household income of $50,000-100,000.
Mr. McComb stated the majority of Brooklyn Center's apartment communities were developed
prior to 1973, and this development opportunity would bring a whole new style of housing, and a
different group of residents, to the community. He added the redevelopment would have a wide
range of special amenities that can only be accommodated on a larger site with common areas.
Councilmember Ryan stated Mr. McComb had referred to Tom Baxter, a local property
investment manager, who provided positive feedback regarding the McComb Group's market
study. He added investors who are looking for development and expansion opportunities rely
upon such studies when making commitments related to property investment. He noted that he is
pleased that the study appears to be complete and will be a useful resource for the City.
Mayor Willson stated the City Council has discussed the issue of aging rental communities in the
past, as they have become outdated, and are not as appealing to renters as new apartment or
townhome complexes. He asked whether renters are interested in moving closer to the
downtown area. He noted that such a growing trend might have an impact on the future
development of the Opportunity Area. Mr. McComb stated that trend was considered in the
market study, and assumes that 15% of the rental population want to live close to the downtown
area.
ADJOURNMENT
Mayor Willson closed the Study Session at 6:58 p.m.
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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
JANUARY 13, 2014
CITY HALL — COUNCIL CHAMBERS
I. 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
Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, City Attorney Charlie LeFevere, and Mary Mullen, 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
The invocation was given by Pastor Rachel Mciver Morey, Brooklyn Mosaic United Methodist
Church.
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, Finance Director
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Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and
Development Gary Eitel, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site
Secretarial, Inc.
5.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6.APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda
and Consent Agenda, as amended to table Item No. 6a.1., December 9, 2013, Study Session
Minutes, to the January 27, 2014, agenda when a complete set can be provided.
6a.APPROVAL OF MINUTES
December 9, 2013 — Regular Session
December 18, 2013 — Executive Session
6b.LICENSES
BOWLING ALLEY
AMF Bowling Centers/
dba AMF Earle Brown Lanes
FIREWORKS - PERMANENT
PNS Stores, Inc.
GASOLINE SERVICE STATION
Brooklyn Center Municipal Garage
Brooklyn Center Service, Inc.
Holiday Stationstores, Inc.
Metropolitan Council
Northern Tier Energy/dba SuperAmerica
Northern Tier Energy/dba SuperAmerica
Northern Tier Energy/dba SuperAmerica
Royalty & Sons, Inc.
Two Rivers Investment, Inc.
MECHANICAL
Assured Heating, AC & Refrigeration, Inc.
Easco Plumbing & Heating, Inc.
Follmer Heating and Air, Inc.
North Suburban Plumbing, Inc.
Sabre Plumbing & Heating
6440 James Circle N
5930 Earle Brown Drive
6844 Shingle Creek Parkway
6849 Brooklyn Boulevard
420 66 th Avenue N
6845 Shingle Creek Parkway
1901 57 th Avenue N
6950 Brooklyn Boulevard
6545 West River Road
6044 Brooklyn Boulevard
6840 Humboldt Avenue N
13571 Balsam Lane, Dayton
7965 Pioneer Trail, Loretto
7517 Colfax Avenue N,
Brooklyn Park
28221 144 th Street, Zimmerman
15535 Medina Road, Plymouth
01/13/14 -2- DRAFT
PUBLIC DANCE
AMF Bowling Centers/
dba AMF Earle Brown Lanes
RENTAL
INITIAL (TYPE III — one-year license)
4216 Lakebreeze Avenue N
7250 West River Road
3016 Quarles Road
INITIAL (TYPE II— two-year license)
6331-6401-6425 Beard Avenue N
6106 Aldrich Avenue N
5316 Colfax Avenue N
3018 O'Hemy Road
Passed w/Weather Deferral
5901 Pearson Drive
RENEWAL (TYPE — one-year license)
4212 61 st Avenue N
4207 62 nd Avenue N
no ARM meetings
2813 66 th Avenue N
5550 Girard Avenue N
missing CPTED
6761 Humboldt Avenue N
6765 Humboldt Avenue N
6343 Orchard Avenue N
RENEWAL (TYPE II— two-year license)
5401 63 rd Avenue N
3613 47 th Avenue N - Ryan Creek Manor
6700 Humboldt Avenue N — Sterling Square
Passed w/Weather Deferral
509 61 st Avenue N
2804 67 th Lane N
1600 71 st Avenue N
5715 Emerson Avenue N
5807 Girard Avenue N
5309 Humboldt Avenue N
7025 Newton Avenue N
3801 Woodbine Lane
5836 Xerxes Avenue N
6440 James Circle N
Paul Sustman
Paul Barli
Heather Terry
CCF1 Holdings LLC
Main Street Renewal, LLC
Main Street Renewal, LLC
Chen Zhou
Main Street Renewal, LLC
John Hostetler
Christopher Rasmussen
Su Feng Zheng
Restart Inc.
Li-Chewen Su
Moeen Masood and
Shehla Alavi
Thomas and Dawn Mould
John Schwarz
Drew Kabanuk
John Roder
Tim Daniel
Bryon Aitkens
On Time Contractors
My Truong
McKevha Thomas
John Pillen
Steve Branham
Tom Prasky
Paul White
RENEWAL (TYPE I— three-year license)
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3907 65 th Avenue N — Granite Peaks
2401-03 54 th Avenue N
5329-33 Brooklyn Boulevard
6835 Noble Avenue N
1308 68 th Lane N
5351 71 st Circle
5942 Aldrich Avenue N
6119 Beard Avenue N
5301 Brooklyn Boulevard
5133 Drew Avenue N
5101 Eleanor Lane N
6343 Emerson Avenue N
7048 France Avenue N
6820 Fremont Place N
5620 Girard Avenue N
6728 Grimes Avenue N
6807 Humboldt Avenue N C102
6819 Humboldt Avenue N A202
1531 Humboldt Place N
Passed w/Weather Deferral
4207 Lakeside Avenue #134
4708 Lakeview Avenue N
7209 Unity Avenue N
SECONDHAND GOODS DEALER
Gamestop #535
SIGNHANGER
Sandmann Signs & Electric, Inc.
S erigraphics
TOBACCO RELATED PRODUCT
Brooklyn Center Municipal #1
Brooklyn Center Municipal #2
Brooklyn Center Service, Inc.!
dba Perfect Car Wash #504
Burr Street Market, Inc./dba Quickshop
Diamond Lake 1994 LLC/dba Cub Foods
Family Dollar Inc.
Family Dollar Inc.
Family Dollar Inc.
Grand St. Paul CVS LLC/dba CVS #1683
Holiday Stationstores, Inc.
Holiday Stationstores, Inc.
Northern Tier Energy/dba SuperAmerica
Northern Tier Energy/dba SuperAmerica
Chris Kohler
Karboy Properties LLC
Tech Ung
Robert Berglund
Konrad Wagner
Ghulam Pyarali
BRP II
Konrad Wagner
Lily Wu
Sarah Vogt
Michael Potaczek
Michael Meyer
Tam Pham
Sharon McGary
Kevin & Mandy Shultz
Charles Bright
New Concepts Management
New Concepts Management
ShoeMiller Properties LLC
William Bjerke
Gary Scherber
Joseph Ditto
6440 James Circle N
24049 99 th Street, Elk River
2401 Nevada Avenue,
Golden Valley
5625 Xerxes Avenue N
6930 Brooklyn Boulevard
6849 Brooklyn Boulevard
5808 Xerxes Avenue N
3245 County Road 10
2105 57 th Avenue N
6211 Brooklyn Boulevard
6800 Humboldt Avenue N
5801 Brooklyn Boulevard
420 66 th Avenue N
6890 Shingle Creek Parkway
1901 57 th Avenue N
6950 Brooklyn Boulevard
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Northern Tier Energy/dba SuperAmerica
Regal Foods Corp.
Royalty & Sons, Inc.
Walgreen's Company
Wal-Mart Stores, Inc.
6545 West River Road
615 66 th Avenue N
6044 Brooklyn Boulevard
6390 Brooklyn Boulevard
1200 Shingle Creek Crossing
6c.RESOLUTION NO. 2014-01 DESIGNATING OFFICIAL NEWSPAPER
6d.RESOLUTION NO. 2014-02 DESIGNATING DEPOSITORIES OF CITY
FUNDS
6e.RESOLUTION NO. 2014-03 APPOINTING BROOKLYN CENTER
REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD
OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR
YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT,
HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT
INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION,
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL,
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION,
PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES
JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST
CONVENTION & VISITORS BUREAU
6f.RESOLUTION NO. 2014-04 APPOINTING MUNICIPAL TRUSTEES TO
THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION
BOARD OF TRUSTEES
6g. RESOLUTION NO. 2014-05 RECOGNIZING THE CONTRIBUTIONS OF
ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS
611. RESOLUTION NO. 2014-06 GRANTING CORPORATE AUTHORITY
FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL
BUSINESS MATTERS
61. RESOLUTION NO. 2014-07 CALLING FOR A PUBLIC HEARING
REGARDING PROPOSED USE OF 2014 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
6j.RESOLUTION NO. 2014-08 APPROVING FINAL PLAT FOR SHINGLE
CREEK CROSSING 4 TH ADDITION
6k.RESOLUTION NO. 2014-09 APPROVING THE CONTRACT FOR
INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE)
LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF
BROOKLYN CENTER FOR THE CALENDAR YEAR 2014
01/13/14 -5- DRAFT
61. RESOLUTION NO. 2014-10 ESTABLISHING A SISTER CITY
RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER,
HENNEPIN COUNTY, UNITED STATES OF AMERICA, AND THE CITY
OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a.RESOLUTION NO. 2014-11 EXPRESSING RECOGNITION AND
APPRECIATION OF ANISSA HOLLINGSHEAD FOR HER DEDICATED
PUBLIC SERVICE ON THE FINANCIAL COMMISSION
Mayor Willson read in full a Resolution expressing recognition and appreciation of Anissa
Hollingshead for her dedicated public service on the Financial Commission from September 26,
2011, through December 31, 2013.
Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt
RESOLUTION NO. 2014-11 Expressing Recognition and Appreciation of Anissa Hollingshead
for her Dedicated Public Service on the Financial Commission.
Motion passed unanimously.
7b.RESOLUTION NO. 2014-12 EXPRESSING RECOGNITION AND
APPRECIATION OF MICHAEL PARKS FOR HIS DEDICATED PUBLIC
SERVICE ON THE PLANNING COMMISSION
Mayor Willson read in full a Resolution expressing recognition and appreciation of Michael
Parks for his dedicated public service on the Planning Commission from March 13, 2006,
through December 31, 2013.
Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt
RESOLUTION NO. 2014-12 Expressing Recognition and Appreciation of Michael Parks for his
Dedicated Public Service on the Planning Commission.
Motion passed unanimously.
7c. RESOLUTION NO. 2014-13 EXPRESSING RECOGNITION AND
APPRECIATION OF MIKE SCHLOSSER FOR OVER 29 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Resolution expressing recognition and appreciation of Mike
Schlosser for over 29 years of dedicated public service. Mr. Schlosser began his employment
with the City of Brooklyn Center on June 4, 1984, and retired on December 31, 2013.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
01/13/14 -6- DRAFT
RESOLUTION NO. 2014-13 Expressing Recognition and Appreciation of Mike Schlosser for
over 29 Years of Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. WANGSTAD AREA IMPROVEMENTS
City Manager Curt Boganey introduced the item, and asked Public Works Director/City
Engineer Steve Lillehaug to address the City Council. Mr. Lillehaug thanked Mike Albers, the
City's new Project Engineer, who has been the lead engineer and manager for the Wangstad
Area Improvements. He recognized Mr. Albers for his hard work and dedication to the project.
Mr. Lillehaug stated two Public Hearings would be held at tonight's meeting, related to the
Wangstad Area Street, Storm Drainage and Utility Improvements. He noted the program is in its
21 st year, and has involved approximately 79 miles of roadway reconstruction.
Mr. Lillehaug stated a neighborhood meeting was held on November 19, 2013, affected property
owners have been notified of the public hearings, and City staff received one letter of objection
with regard to special assessments. He added a copy of the objection letter and City staffs
response has been provided in the meeting packet. He noted that City Council's consideration of
the objection should be in terms of financial hardship rather than as an objection to the
improvements and resultant benefits. He stressed that a payment option is provided by the City
as well as a deferral program for residents who meet age and income criteria.
Mr. Lillehaug stated that City staff recommends that the City Council refer substantial objections
to staff, and only consider removing a related assessment if further review is necessary. He
added City staff requests that the City Council consider the Wangstad Area Street, Storm
Drainage and Utility Improvements based on State Statute 429 related to Local Improvements
and Special Assessments.
Mayor Willson referred to the Assessment Map of the Wangstad Project Area, which was
included in the meeting packet, and noted that it is different from the CIP Project Areas Map
(2014-2021) on the City website under "2014 Capital Improvement Program". Mr. Lillehaug
confirmed that the 2014 CIP Planning document includes a more accurate Project Areas map.
Mr. Lillehaug reviewed the project plan, which includes the replacement of all sewer lines in the
project area as well as replacement of some unlined pipes, and provides for an improved storm
sewer inlet system. He added some roads are in poor shape and have ongoing drainage issues,
but the underlying soils are in good condition and the aggregate base is reusable, and new curb
and gutter will be added. He noted sidewalks will be evaluated for repair, and the existing
sidewalk near Odyssey Academy will be replaced with an 8-foot wide trail.
Mr. Lillehaug stated, with regard to street lighting, 11 existing multi-use poles will remain, and 6
free-standing poles will be replaced. He added residents can make street lighting requests by
01/13/14 -7- DRAFT
following the neighborhood petition process. Mayor Willson asked whether residents could be
given additional information regarding the neighborhood petition process with regard to street
lighting. Mr. Lillehaug agreed.
Mr. Lillehaug stated that City staff understands the difficulties that arise as a result of the
reconstruction process, and continues to work with residents to coordinate services and access in
an attempt to mitigate any inconveniences.
Mr. Lillehaug stated the CIP Project Area Map depicts residential and commercial properties, as
well as different assessment rates. He added an interest rate of 6% was established by the City.
He noted the project should be completed in the fall of 2014.
Councilmember Ryan stated the City did not carry out street reconstruction projects in 2012.
Mr. Lillehaug confirmed this, and added the City completed both 2011 and 2012 street
reconstruction projects in 2011 on adjacent areas. He stressed the importance of completing
street reconstruction as outlined in the City's Capital Improvement Plan, as many of the City's
streets are beyond their useful life and continue to deteriorate.
1.RESOLUTION NO. 2014-14 ORDERING IMPROVEMENTS AND
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
FOR IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04,
WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY
IMPROVEMENTS
Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing.
Motion passed unanimously.
Bill Kalinosky, 6118 France Avenue N, stated he would like more information on storm sewers,
as his street gets flooded regularly. Mr. Lillehaug stated new storm sewers will be included
throughout the project area.
Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
adopt RESOLUTION NO. 2014-14 Ordering Improvements and Authorizing Preparation of
Plans and Specifications for Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area
Street, Storm Drainage and Utility Improvements.
Motion passed unanimously.
2.RESOLUTION NO. 2014-15 CERTIFYING SPECIAL ASSESSMENTS
FOR IMPROVEMENT PROJECT NOS. 2014-01 AND 2014-02,
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WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY
IMPROVEMENTS
Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing.
Motion passed unanimously.
Olufemi Onagbaju, 4701 63"1 Avenue N, stated he owns a large corner lot with two houses on it,
and his total bill from assessments will be close to $15,000. He added he is objecting to the
assessment because he cannot afford to pay the total amount. Mayor Willson stated a payment
plan is available from the City. Mr. Lillehaug stated the lot in question is large enough to be
subdivided so it is being assessed twice. Mayor Willson stated City staff is following policy, and
the resident has options for making payments.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the
Public Hearing.
Motion passed unanimously.
Councilmember Ryan stated the City must bond to cover the costs associated with street
reconstruction as contractors expect payment upon completion. He added the 6% interest rate
annualized over 10 years is set on the City's borrowing costs.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2014-15 Certifying Special Assessments for Improvement Project Nos.
2014-01 and 2014-02, Wangstad Area Street, Storm Drainage and Utility Improvements.
Motion passed unanimously.
8b. ORDINANCE NO. 2014-01 VACATING PART OF THE STREET EASEMENT
(JAMES CIRCLE NORTH) AT 6405 AND 6415 JAMES CIRCLE NORTH, IN
REGISTERED LAND SURVEY NUMBER 1482 (DENNY'S RESTAURANT AND
DAYS INN HOTEL)
Mr. Lillehaug requested the Council's consideration of the second reading and adoption of an
ordinance, which vacates an easement at James Circle North. He added the Hennepin County
Examiner of Titles Office has indicated an error on the title, as the length and bearing are
incorrect, and the easement must be re-vacated. He noted he is unaware of any objections to the
vacation.
Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public
Hearing.
Motion passed unanimously.
There were no comments.
01/13/14 -9- DRAFT
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the
Public Hearing.
Motion passed unanimously.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt
ORDINANCE NO. 2014-01 Vacating Part of the Street Easement (James Circle North) at 6405
and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's Restaurant and
Days Inn Hotel).
Motion passed unanimously.
8c. RESOLUTION NO. 2014-16 VACATING CERTAIN EASEMENTS WITHIN LOT
5, BLOCK 1, SHINGLE CREEK CROSSING, AND LOT 2, BLOCK 1, SHINGLE
CREEK CROSSING 3 RD ADDITION, HENNEPIN COUNTY, MINNESOTA
Mr. Lillehaug stated all coincident easements that were dedicated with the new Shingle Creek
Crossing plat must be vacated.
Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing.
Motion passed unanimously.
There were no comments.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt
RESOLUTION NO. 2014-16 Vacating Certain Easements within Lot 5, Block 1, Shingle Creek
Crossing, and Lot 2, Block 1, Shingle Creek Crossing 3 rd Addition, Hennepin County,
Minnesota.
Motion passed unanimously.
9.PLANNING COMMISSION ITEMS
— None.
10.COUNCIL CONSIDERATION ITEMS
10a. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR
PRO TEM
01/13/14 -10- DRAFT
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify
the Mayor's nomination of Dan Ryan as Mayor Pro Tem and Carol Kleven as Acting Mayor Pro
Tem for 2014.
Motion passed unanimously.
10b.RESOLUTION NO. 2014-17 DECLARING COMMITMENT TO THE
BROOKLYN CENTER CITY CHARTER
Mayor Willson read the resolution in full, declaring the City Council's commitment to and
compliance with the City Charter.
Councilmember Lawrence-Anderson moved and moved and Councilmember Myszkowski
seconded to adopt RESOLUTION NO. 2014-17 Declaring Commitment to the Brooklyn Center
City Charter.
Motion passed unanimously.
10c.MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS
LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY
REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS
FOR 2014.
Mayor Willson announced the following appointments to serve as liaisons to City Advisory
Commissions and as City Representative/Voting Delegates for Other Organizations for 2014,
noting these appointments are amended from the memorandum provided in the Council packet:
Financial Commission
Housing Commission
Park and Recreation Commission
Ad Hoc Youth Advisory Commission
Crime Prevention Program
Earle Brown Days Committee
League of Minnesota Cities
Metro Cities
North Hennepin Area Chamber of Commerce
Kris Lawrence-Anderson
Carol Kleven
Lin Myszkowski
Lin Myszkowski
Carol Kleven
Kris Lawrence-Anderson
Tim Willson — Alternate
Dan Ryan; Tim Willson — Alternate
Dan Ryan; Carol Kleven — Alternate
Tim Willson
Councilmember Myszkowski moved and Councilmember Ryan seconded to ratify Mayoral
appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and
as City Representative/Voting Delegates for Other Organizations for 2014.
Motion passed unanimously.
10d. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS
01/13/14 -11- DRAFT
Mayor Willson read the reappointments to City Advisory Commissions as follows:
Financial Commission — Patricia Glenn
(term to expire 12/31/2016)
Housing Commission — Kathie Amdahl, David Johnson
(term to expired 12/31/2016)
Park and Recreation Commission — Gail Ebert, Jerome Witalka
(term to expire 12/31/2016)
Planning Commission — Scott Burfeind, Carlos Morgan
(term to expire on 12/31/2015)
NW Hennepin Human Services Council Advisory Commission — Sharon Kephart
(term to expire 12/31/2015)
NW Suburbs Cable Communications Commission — Rex Newman
(term to expire 12/31/2014)
Councilmember Kleven moved and . Councilmember Ryan seconded to ratify Mayoral
Reappointments to City Advisory Commissions.
Motion passed unanimously.
10e. TOBACCO SAMPLING
1. AN ORDINANCE PROHIBITING SAMPLING IN TOBACCO
PRODUCTS SHOPS; ADDING NEW BROOKLYN CENTER CITY CODE,
SECTION 23-110
Mr. Boganey presented background information on a proposed ordinance that would prohibit
sampling in tobacco products shops and establishing a new Brooklyn Center Code of Ordinance,
General Licensing Regulations, Section 23-110.
Mr. Boganey requested the Council's consideration of an ordinance that would close a loophole
in the current ordinance, which allows hookah lounges and tobacco shops to provide sampling of
tobacco related products in tobacco establishments. He noted, as the ordinance process takes
several weeks, a resolution has been prepared for the Council's review which would establish a
moratorium for any application that would be received by the City during this period.
Mayor Willson asked whether the vaping devices in question are classified as a tobacco related
products. City Attorney Charlie LeFevere confirmed this. He stated the Minnesota Clean Indoor
Air Act, the purpose of which is to protect citizens from the adverse health effects of smoke in
public places, only relates to tobacco products but does not include artificial nicotine delivery
systems.
Mr. LeFevere stated there is currently little information regarding the science of vaping devices
and whether there is a secondhand smoke hazard. He added another reason to regulate these
devices is to diminish this gateway for youth moving into tobacco use. He noted this does not
01/13/14 -12- DRAFT
fall under the public purpose of the Clean Indoor Air Act, although Hennepin County recently
adopted an ordinance prohibiting the use of vaping devices in County buildings.
Mayor Willson stated the City could consider an ordinance that would ban vaping devices on all
City property, similar to Hennepin County. Mr. LeFevere stated another ordinance would be
necessary for that purpose.
Mayor Willson stated that studies and available information are incomplete on the future effects
that these devices will have. Councilmember Kleven stated there were many different types of
vaping devices at the establishment she visited.
Councilmember Ryan stated he would support the moratorium as well as the first reading of an
ordinance. He added the Council should consider a more broad discussion at a work session in
the near future in an attempt to gain more information on this subject.
Councilmember Myszkowski agreed adding the moratorium and proposed ordinance are the
beginning of an ongoing discussion. She added the Council will pursue further research and
information. She noted the Brooklyns Youth Council discussed this issue at a recent meeting,
and they were in agreement that something needs to be done to regulate vaping devices.
Councilmember Lawrence-Anderson asked whether the ordinance language could incorporate
both tobacco and nicotine. Mayor Willson stated nicotine is not regulated by the FDA. Mr.
LeFevere stated the proposed ordinance would only address sampling in tobacco shops.
Councilmember Lawrence-Anderson stated the vaping devices are being marketed to children,
and encouraging public use. She added the City Council must be proactive in preventing the use
of vaping devices. Mr. LeFevere stated other cities have incorporated the sale of these devices
into their tobacco licensing process, so the same protections for sale of nicotine delivery products
would apply to vaping devices. He agreed to research the issue further and determine ways that
other cities are dealing with this issue.
Councilmember Kleven moved and Councilmember Ryan seconded to approve first reading of
Ordinance Prohibiting Sampling in Tobacco Products Shops; Adding New Brooklyn Center City
Code, Section 23-110, and set second reading and Public Hearing for February 10, 2014.
Motion passed unanimously.
2. RESOLUTION NO. 2014-18 ESTABLISHING A MORATORIUM ON
ESTABLISHMENT OF TOBACCO PRODUCTS SHOPS
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
adopt RESOLUTION NO. 2014-18 Establishing a Moratorium on Establishment of Tobacco
Products Shops.
Motion passed unanimously.
01/13/14 -13- DRAFT
Mayor Willson noted the presence of Emily Anderson in the audience. He added Ms. Anderson
represents the Minnesota Association of Non-Smokers, and invited her to address the Council.
Emily Anderson, Minnesota Association of Non-Smokers, stated 25 other Minnesota cities have
updated their City ordinances to include specific regulation of electronic cigarettes. She added
cities are not able to regulate the products that are available, but cities can regulate how they are
sold, which supports other bans including those related to School District property.
Mr. LeFevere asked whether these City regulations pertain to NicarrestTM and other cessation
aids that contain nicotine. Ms. Anderson stated this excludes FDA-approved cessation devices,
which are subject to rigorous testing unlike electronic cigarettes, which are not tested. She noted
that youth use of e-cigarettes in the United States doubled during the period 2011-2012.
Mayor Willson thanked Ms. Anderson for her insight and asked if she would be willing to attend
a Council work session to provide further information. Ms. Anderson agreed.
101. RESOLUTION NO. 2014-19 ADOPTING CAPITAL PROJECT FUNDING
POLICY
Mr. Boganey introduced this resolution, and invited Finance Director Nate Reinhardt to address
the City Council. Mr. Reinhardt reviewed the prioritization of unfunded capital projects and the
possible creation of a funding policy for future capital needs. He stated this resolution will
provide a recurring source of funding for the City's 15-Year Capital Improvement Plan, adopted
by the City Council on December 9, 2013.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2014-19 Adopting Capital Project Funding Policy.
Motion passed unanimously.
10g.RESOLUTION NO. 2014-20 TRANSFERRING FUNDS TO THE CAPITAL
PROJECTS FUND
Mr. Boganey reviewed this resolution, stating the transfer of "excess funds" for the purpose of
funding Capital Improvements projects requires authorization from the City Council.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
adopt RESOLUTION NO. 2014-20 Transferring Funds to the Capital Projects Fund.
Motion passed unanimously.
10h.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 6906 NEWTON 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
01/13/14 -14- DRAFT
motion.
1. RESOLUTION NO. 2014-21 APPROVING A TYPE IV RENTAL LICENSE
FOR 6906 NEWTON AVENUE NORTH
Councilmember Kleven moved and Councilmember Ryan seconded adoption of RESOLUTION
NO. 2014-21 Approving a Type IV Rental License for 6906 Newton Avenue North, with the
requirement that the mitigation plan and all applicable ordinances must be strictly adhered to
before a renewal rental license would be considered.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
•December 21, 2013, Hmong New Year Celebration at the Metrodome
•January 4, 2014, Memorial Service for Dean Nyquist, former Brooklyn Center Mayor from
1978-1990, who died January 1, 2014.
•January 9, 2014, North Hennepin Area Chamber of Commerce State of the Cities luncheon at
Edinburgh Golf Course
•January 11, 2014, Annual Legislative Breakfast at Crystal City Hall
•January 16, 2013, Grand Opening of Schlotzky's in Shingle Creek Crossing
•January 23, 2014, will attend Brooklyn Center Business Association luncheon at Boulevard
Hotel, formerly known as Crowne Plaza - keynote speaker will be Brooklyn Center Chief of
Police Kevin Benner
Councilmember Kleven reported on her attendance at the following and provided information on
the following upcoming events:
•January 4, 2014, Memorial Service for Dean Nyquist
•January 9, 2014, North Hennepin Area Chamber of Commerce State of the Cities luncheon at
Edinburgh Golf Course
•January 11, 2014, Annual Legislative Breakfast at Crystal City Hall
Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
•December 11, 2013, Chaired CEAP Executive Committee Meeting
•December 17, 2013, Housing Commission Meeting
•December 19, 2013, Brooklyns Youth Council Advisory Team Meeting
•December 19, 2013, Liberia trip meeting, in preparation for upcoming trip to Brooklyn
Center's Sister City of Voinjama, Liberia
•January 7, 2014, Dangerous Dog Hearing
•January 6, 2014, Meals on Wheels delivery during extremely cold weather
-15- DRAFT01/13/14
•January 13, 2014, met with Brooklyn Park City Councilmember Rich Gates, who visited
Liberia in November 2013, and provided useful information and tips on how to prepare for
the trip to Liberia
•January 13, 2014, Brooklyns Youth Council Meeting
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
•January 6, 2014, Brooklyn Center Business Association meeting
o January 8, 2014, Odyssey Academy Board Meeting
o January 14-23, 2014, family visit to Alaska
•January 23, 2014, will attend Brooklyn Center Business Association luncheon
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
•December 18, 2013, Special Meeting of the City Council
•December 19, 2013, Liberia trip meeting, in preparation for upcoming trip to Brooklyn
Center's Sister City of Voinjama, Liberia
•January 4, 2014, Visitation for Dean Nyquist
•January 7, 2014, Dangerous Dog Hearing
•January 9, 2014, North Hennepin Area Chamber of Commerce State of the Cities luncheon at
Edinburgh Golf Course
Mr. LeFevere asked Mayor Willson whether he would like to address staff evaluations after this
evening's meeting. Mayor Willson declined, and requested that evaluations be added to an
upcoming Regular Session agenda after his return from Liberia.
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the
City Council meeting at 9:14 p.m.
Motion passed unanimously.
01/13/14 -16- 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
JANUARY 13, 2014
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 9:20 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 Nate Reinhardt, Director of Business and Development Gary Eitel,
and Mary Mullen, TimeSaver Off Site Secretarial, Inc.
REVIEW AND DISCUSSION ON ITEMS RELATING TO THE FUTURE
REDEVELOPMENT WITHIN THE SOUTHERN PORTION OF THE OPPORTUNITY
SITE
PRESENTATION BY ESG ARCHITECTS OF A MIXED USE DEVELOPMENT
CONCEPT PROVIDING OPPORTUNITIES FOR MOVE UP HOUSING AND
RETAIL/SERVICE/OFFICE USES
Director of Business and Development Gary Eitel stated the representative from ESC Architects
was not able to be at the meeting. He suggested that the redevelopment plans could be reviewed
by the Planning, Housing, and Park & Recreation Commissions for their input and comment. It
was the consensus of the City Council that this issue be tabled until more information has been
received from ESG Architects.
Councilmember/Commissioner Lawrence-Anderson asked whether a dog run could be included
in the preliminary plans. Mayor/President Willson stated that could be considered, although he
was unsure about how much land is required for that use.
ADJOURNMENT
Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence-
Anderson seconded adjournment of the City Council/Economic Development Authority Work
Session at 9:32 p.m.
Motion passed unanimously.
01/13/14 -1- DRAFT
City Council Agenda Item No. 6b
COUNCIL ITEM MEMORANDUM
DATE: January 21, 2014
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Cler
SUBJECT: Licenses for City Council Approval
Recommendation:
It is recommended that the City Council consider approval of the following licenses on January
27, 2014.
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.
GASOLINE SERVICE STATION
Boulevard Enterprises Inc. 5300 Dupont Avenue N
MECHANICAL
General Heating and Cooling LLC
Weld & Sons Plumbing
Westar Corporation
RENTAL
See attached report.
SIGN HANGER
Albrecht Sign Company
Serigraphics
13788 Kensington Avenue, Prior Lake
3410 Kilmer Lane, Plymouth
11184 River Road NE, Hanover
7775 Main Street, Fridley
2401 Nevada Avenue N, Golden Valley
TOBACCO RELATED PRODUCT
Royal Tobacco 5625 Xerxes Avenue N
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Greater than 4
Greater.thaw 0.75 butnot more than_ 1.5.
but imt mk)rc 11 -Kin X
1-2
Cireatet.thani:.
Greater than 3
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
1-2 units
3± units
1-2 units
3+ units
1-2 units:-3t units
1-2 tains
3'+ units
0-1
.‘ 0;0.75
Greater than 1 but not more than 4
:Greaterthan15._butnotmoi.an .3
Greater than 8
Greater.than 3
Type I — 3 Year
Type 11-2 Year
Type III — 1 Year
Type IV —6 Months
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 7 0.25
0-0.3 5
Decrease 1
Category
1-2
3=4 units
Greater than 1 but not more than 3
'Greater iliari 3 O.25 kit not More thdii:
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
5 or more units Greater than 0.50
COUNCIL ITEM MEMORANDUM
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
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
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City Council Agenda Item '\ o. 6c
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: January 21, 2014
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
March 15, 2014
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 March 15, 2014.
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 March 15, 2014.
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
&Gambling Enforcement
--•
difaCh4:))
2-0-t/eoz,01 ,/
,
rb/ktozA,
Name of organization
St Alphonsus Church
Address
[-7-025 Halifax Ave N
Name of person making application1Michelle Karlson
Date(s) of event
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
Date organizedi_lan 1, 1959
City State
'Brooklyn Center 1 Minnesota
Business phone 1 763-503-3389
Type of organization
it/
Tax exempt number
1ES 32045
Zip Code 1 55429
Home phone
1763-561-5100
Saturday, March 15th 2014 Club I- Charitable 15Z Religious r Other non-profit
Organization officer's name City State Zip
Fr. Peter Connolly, C.Ss.R. Brooklyn Center
Add New Officer
55429!Minnesota
Location where permit will be used. If an outdoor area, describe.
St. Alphonsus Church hall.
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.
Catholic Mutual Relief Society of America
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENTBy'oojj Ce
Ciyiounty
-it (96 00
City Fee Amount
1 — I Date Fee Paid
Date Approved
Permit Date
Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement
NO -Ifs Submit this iorrn to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
if the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the
pflmir for the event.
Page 1 of 1
Date: 1/8/2014Certificate of Coverage
Certificate Holder
\rchdiocese of St. Paul-Minneapolis
,hancery Office
226 Summit Avenue
St. Paul, MN 55102
This Certificate is issued as a matter of information only and
confers no rights upon the holder of this certificate. This certificate
does not amend, extend or alter the coverage afforded below.
Company Affording Coverage
THE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
10843 OLD MILL RD
OMAHA, NE 68154
Covered Location
St. Alphonsus Catholic Church
7025 Halifax Avenue North
Brooklyn Center, MN 55429
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage Certificate Number Coverage Effective
Date
Coverage Expiration
Date Limits
Property Real & Personal Property
D. General Liability
ID Occurrence
8589 7/1/2013 7/1/2014
Each Occurrence 500,000
General Aggregate
Products-Comp/OP Agg
Claims Made Personal & Adv Injury
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability
8589 7/1/2013 7/1/2014
Each Occurrence 500,000
Annual Aggregrate
Other Each Occurrence
Claims Made
Annual Aggregrate
Limit/Coverage
Description of Operations/Locations/Vehicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language)
Coverage is verified with regard to Covered Location's St. Patrick's Day Celebration (Dance, Dinner, Raffle) to be held on parish grounds
(St. A lphonsus Church Hall), March 15, 2014.
•
Includes Liquor Liability & Fidelity for Charitable Gambling.
Holder of Certificate Cancellation
City of Brooklyn Center
"101 Shingle Creek Parkway
.00klyn Center, MN 55430
Should
before
endeavor
certificate
impose
its agents
any of the above described
the expiration date thereof,
to mail 30
coverages be cancelled
the issuing company
days written notice to the
but failure to mail such
of any kind upon the
,
1
/—ICA—"—L-4---
will
holder of
notice shall
company,
'
named to the left,
no Obligation or liability
or representatives.
Authorized Representative7
0 1 11006995
City Council Agenda Item No. 6d
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: January 21, 2014
SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by
Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be
Held March 7 and 8, 2014
Recommendation:
It is recommended that the City Council consider approval of the application and permit for
temporary on-sale liquor license submitted by Miracle Empowerment Center, 5801 John Martin
Drive, for a social event to be held March 7 and 8, 2014.
Background:
Miracle Empowerment Center, 5801 John Martin Drive, has submitted an application and permit
for temporary on-sale liquor license for a social event to be held March 7 and 8, 2014.
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
non-profit organization for at least three years. The application and accompanying
documentation has been forwarded to the Police Department for review to discuss parking,
safety, and security issues. 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.
i'vliSilOFI. Ensuring an attractive, clean, safe, inclusive community that enhances the quality q/life
for all people and preserves the public trust
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 222, St. Paul MN 55101-5133
(651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555
WWW.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
tift I 0 de. raah---,
DATE ORGANIZED
P1 '2 ,6 TAX EXEMPT
LD 9 7
STATE
M IV
NUMBER
'3 7 3
ZIP CODE
cS---3-1( -g 6—TREET ADDRESS i
5-6 0 I 3-0 IT, flA at-1-(C, -o --'.CITY'
431 qty c'hi
NAME OF PERSON M ING APPLICATION- c ---e_,BUSINESS PHONE(Li?) • -2- 2-
HOME PHONE
( 0 2-1X.0 S-
DATES LIQUOR WILL BE SOLD n 0 \PAace.An 9_ , ,--,TYPE OF ORGANIZATION
CLUB CHARITABLE RELIGIOUS OTHER NONPROFIT
ORGANIZATION OFICiR'S NAME ip
tAr q i `e-- Po ('ADDRESS
77 3 vi Lc/ trtc_, Le- YOciii P-74,
ORGANIZATION/OFFICER'S NAME ADDRESS
ORGANIZATION OFFICER'S NAME ADDRESS
4 \
Location license will be used. If an outdoor area, describe
\4 (11-A" 5 ( ok--) bf cep
. 3 / b I SO Ilk\ Matifffr\ Pr (Bdiqk ar ad/5 ,
Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licedsee providing the service.
:
Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage.
APPLICATION MUST BE APPROVED BY CITY OR COUNTY
CITY/COUNTY
APPROVAL
ENFORCEMENT
BEFORE SUBMITTING
DATE APPROVED
LICENSE DATES
TO ALCOHOL & GAMBLING
CITY FEE AMOUNT
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 License for the event
PS-09079 (12/09)
City Council Agenda Item '\ 00 6e
COUNCIL ITEM MEMORANDUM
DATE: January 21, 2014
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works/City Engineer
SUBJECT: Resolution Authorizing a Loan Application to the Minnesota Public Facilities
Authority for the City of Brooklyn Center's Water Treatment Plant Project No.
2014-05
Recommendation:
It is recommended that the City Council consider approval of the resolution authorizing a loan
application to the Minnesota Public Facilities Authority for Brooklyn Center's water treatment
plant.
Background:
On September 23, 2013, the Brooklyn Center City Council approved a resolution establishing the
improvement project, accepting the feasibility report, ordering the improvement project and
authorizing preparation of plans and• specifications for the Water Treatment Plant Improvements
Project No. 2014-05. The estimated project costs are as follows:
COSTS AMOUNT
Water Treatment Plant $14,544,000
Contingency $ 1,454,000
Subtotal $15,998,000
Engineering/Administrative/Legal $ 2,256,000
Estimated Total Costs $18,254,000
Project revenues and funding are currently being evaluated and determined. It is expected that
the ultimate funding sources will include City water utility fees and other potential funding
sources as available. However, immediate funding is available and expected from the Minnesota
Public Facilities Authority in the form of a loan from the Drinking Water Revolving Fund. As
part of the application proceedings for this loan, a resolution of intent is required to be filed with
the application. Complete details of the process and loan are forthcoming and will be presented
to the Council prior to formal participation under this program.
Budget Issues:
Funding is expected to be fully determined prior to proceeding with the public advertisement for
bids to construct the improvements. Funding for engineering, administration and legal is
cuiTently being funded temporarily out of the Infrastructure Construction Fund.
Strategic Priorities:
0 Financial Stability
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING A LOAN APPLICATION TO THE MINNESOTA
PUBLIC FACILITIES AUTHORITY FOR THE CITY OF BROOKLYN
CENTER'S WATER TREATMENT PLANT PROJECT NO. 2014-05
WHEREAS, the City of Brooklyn Center is hereby applying to the Minnesota Public
Facilities Authority for a loan from the Drinking Water Revolving Fund for making improvements to
its drinking water system as described in the loan application; and
WHEREAS, the City of Brooklyn Center estimates the loan amount to be
$18,254,000 or the as-bid cost of the project; and
WHEREAS, the City of Brooklyn Center has the legal authority to apply for the
loan, and the financial, technical, and managerial capacity to repay the loan and ensure proper
construction, operation and maintenance of the project for its design life; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City of Brooklyn Center hereby expresses its official intent to
use proceeds of this loan to reimburse construction expenditures made prior to the issuance of its
bond to the Public Facilities Authority.
January 27, 2014
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6f
COUNGTh ITEM MEMORANDUM
DATE: January 21, 2014
TO: Curt Boganey, City Manager
FROM: Mike Albers, Project Manager
THROUGH: Steve Lillehaug, Director of Public Works/City Engineer
SUBJECT: Resolution Establishing Parking Restrictions on June Avenue North from
61 st Avenue North to 63 rd Avenue North
Recommendation:
It is recommended that the City Council approve the resolution establishing no-parking
restrictions along the west side of June Avenue North from 61 st Avenue North to 63 rd Avenue
North in accordance with Municipal State Aid (MSA) requirements.
Background:
Street improvements are currently being coordinated and considered for June Avenue North
between 61 st and 63'1 Avenues in accordance with the 2014 Capital Improvements Program (see
attached figure). June Avenue North is designated as a MSA route, which allows the City to
expend MSA gas tax funding for a portion of the construction costs for this project.
The MSA approval process includes certain standards for street widths and on-street parking that
must be followed as prescribed in Minnesota Rule 8820.9936. The state aid route listed above as
proposed will be 32-feet wide between 61 st and 63' Avenues. This street width is not sufficient
to allow on-street parking on both sides of the street based on MSA design standards. Parking
along June Avenue North is currently allowed between 61 st Avenue North and 63 rd Avenue
North. The proposed resolution would officially establish a No-Parking Zone on the west side of
the street between 61 8t Avenue North and 63 rd Avenue North. This action is required as a
condition of plan approval from the Minnesota Department of Transportation.
Budget Issues:
Installation of new No-Parking signs is included in the project cost for the street improvement
project. Routine replacement of the new signs that occurs approximately every 14 years will be
input into our asset management system and will be included in future operating budgets. No
additional budget issues are involved with officially adopting the current parking restrictions.
Strategic Priorities:
• Vibrant Neighborhoods
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public
its adoption:
Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON JUNE AVENUE
NORTH FROM 61 st AVENUE NORTH TO 63 rd AVENUE NORTH
WHEREAS, the City of Brooklyn Center has planned the improvement of June
Avenue North between 61 st Avenue North and 63 rd Avenue North within the City of Brooklyn
Center, Minnesota; and
WHEREAS, the City of Brooklyn Center will be expending Municipal State Aid
Funds on the improvements of said streets; and
WHEREAS, the proposed street improvements do not provide adequate width for
parking on both sides of the street between 61 st Avenue North and 63 rd Avenue North; and
WHEREAS, approval of the planned construction improvements as a Municipal State
Aid Street project must therefore be conditioned upon certain parking restrictions to meet the
minimum roadway design standards in accordance with Minnesota Rule 8820.9936.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the
west side of the following street segment:
1. June Avenue North from 61 st Avenue North to 63 rd Avenue North
January 27, 2014
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.
SEE UPPER RIGHT
SEE LOWER LEFT
City Council Agenda Item No. 6g
COUNCIL ITEM MEMORANDUM
DATE: January 24, 2014
TO: Curt Boganey, City Manager
1,FROM: Kelli Wick, Human Resources Director
SUBJECT: PAY EQUITY COMPLIANCE REPORT - 2013
Recommendation:
It is recommended that the City Council review and accept the Pay Equity Compliance report.
After review and acceptance the report will be forwarded to the State of Minnesota Pay Equity
Coordinator.
Background:
The Minnesota Department of Management and Budget notified the City of Brooklyn Center in
its e-mail dated November 20, 2013 that we must submit our Pay Equity Information as required
by the Local Government Pay Equity Act. Our jurisdiction was found in compliance based on
our 2011 report and the next regular report is due January 31, 2014. This report must show data
in place as of December 31, 2013.
State law (M.S. 471.991-471.999) and Minnesota Rules (Chapter 3920) requires all public
jurisdictions to eliminate any sex-based wage inequities in compensation. Pay Equity is a
method of eliminating discrimination against women who are paid less than men for jobs
requiring comparable levels of expertise. This goes beyond the familiar idea of "equal pay for
equal work" where men and women with the same jobs must be paid equally. A policy to
establish pay equity usually means: 1) that all jobs will be evaluated and given points according
to the level of knowledge and responsibility required to do the job; and 2) that salary adjustments
will be made if it is discovered that women are consistently paid less than men for jobs with
similar points.
In conducting preliminary reports of our pay equity data it appears that we are in compliance.
The report reviews the total number of male and female employees listed for each job class
including part-time employees who work at least an average of 14 hours per week and 67 days
per year. It determines if male and female dominated classes are being paid in a manner that
eliminates discrimination against women. The compensation for female-dominated classes
should not be consistently below the compensation for male-dominated classes of comparable
work value. Jurisdictions are found in compliance if they achieve an underpayment ratio of 80%
or more. The city has an underpayment ratio of 141.54%.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Pay Equity Implementation Report
Part A: Jurisdiction Identification
Jurisdiction: Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
1/23/2014
Jurisdiction Type: CITY — City
Contact: Ke111. Wick Phone: 763-569-3300 E-Mail: kwick@ci.brooklyn —center. .
HR Director mn.us
Part B: Official Verification
1. The job evaluation system used measured skill, effort
responsibility and working conditions and the same
system was used for all classes of employees.
The system used was: Consultant's System
Description:
Hay
3. An official notice has been posted at:
City Hall & Employee Bulletin Board
(prominent location)
informing employees that the Pay Equity
Implementation Report has been filed and is
available to employees upon request. A copy of the
notice has been sent to each exclusive
representative, if any, and also to the public library.
The report was approved by:
City Council
2. Health Insurance benefits for male and female classes of (governing body)
comparable value have been evaluated and: Tim Willson
(chief elected official)
Mayor
(title)
Part C: Total Payroll
$11,897,436.37
is the annual payroll for the calendar year just ended
December 31.
pri Checking this box indicates the following:
- signature of chief elected official
- approval by governing body
- all information is complete and accurate, and
- all employees over which the jurisdiction has
final budgetary authority are included
Date Submitted:11/27/2014
22 23
23 13
45 36
51.11 36.11
Compliance Report
Jurisdiction: Brooklyn Center Report Year: 2014
6301 Shingle Creek Parkway Case: 5 - 2013 DATA (Private (Jur Only))
Brooklyn Center MN 55430
Contact: Kelli Wick Phone: (763) 569-3300 E-Mail: kwick@ci.brooklyn-center.mn.us
The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information
from your pay equity report data. Parts II, Ill and IV give you the test results.
For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports.
I. GENERAL JOB CLASS INFORMATION
Male
Classes
Female
Classes
Balanced
Classes
All Job
Classes
# Job Classes 45 36 9 90
# Employees 133 55 33 221
Avg. Max Monthly 5,079.93 4,109.35 4,637.47Pay per employee
II. STATISTICAL ANALYSIS TEST
A. Underpayment Ratio = 141.54 *
Male Female
Classes Classes
a.# At or above Predicted Pay
b.# Below Predicted Pay
c.TOTAL
d.% Below Predicted Pay
(b divided by c = d)
*(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.)
B. T-test Results
Degrees of Freedom (DF) = 186 Value of T = -0.079
a.Avg. cliff. in pay from predicted pay for male jobs = $47
b.Avg. diff, in pay from predicted pay for female jobs = $53
III. SALARY RANGE TEST = 95.32 (Result is A divided by B)
A.Avg. # of years to max salary for male jobs = 5.24
B.Avg. # of years to max salary for female jobs = 5.50
IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A)
A.% of male classes receiving ESP 2.22 *
B.% of female classes receiving ESP 0.00
*(If 20% or less, test result will be 0.00)
Job Class Data Entry Verification List
Case: 2013 DATA
Brooklyn Center
LGID 490
Job Class Nbr NbrClass Jobs Min Mo Max Mo Yrs to Max Yrs of Exceptional
Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay
1 Custodian 1 0 M 82 $2,408.00 $2,923.00 5.50 0.00
2 PT Custodian (CARS)1 0 M 82 $1,862.00 $2,266.00 5.50 0.00
85 PT EBHC Set up Crew 4 1 M 82 $1,862.00$2,266.00 5.50 0.00
87 PT Custodian (EBHC)0 1 F 82 $1,862.00 $2,266.00 5.50 0.00
88 PT Golf Inside Services 2 1 B 90 $1,267.00 $1,542.00 5.50 0.00
9 PT Golf Outside Services 1 0 M 117 $1,622.00 $1,974.00 5.500.00
4 PT Liquor Store Cashier 3 7 F 122 $1,662.00 $2,023.00 5.50 0.00
5 PT Lifeguard/Swim Instruc 6 3 B 125 $1,729.00 $2,104.00 5.50 0.00
6 EBHC Crew Chief 2 0 M 144 $2,523.00 $3,070.00 5.50 0.00
7 Police Cadet 1 0 M 144 $2,055.00 $2,501.00 5.50 0.00
8 PT Community Service Ofi 3 1 B 144 $2,055.00 $2,501.00 5.50 0.00
10 PT EBHC Setup Crew Chit 1 1 B 144 $2,326.00 $2,830.00 5.50 0.00
11 PT EBHC Maintenance 2 0 M 144 $2,291.00$2,788.00 5.50 0.00
12 Recreation Clerk/Receptiol 0 2 F 144 $2,855.00$3,474.00 5.50 0.00
13 Seasonal Maint. Workers 14 1 M 144 $1,582.00$1,926.00 5.50 0.00
80 Season Code Enf. Insp.1 1 B 144 $2,292.00 $2,790.00 5.50 0.00
86 PT Assessing Clerk 0 1 F 144 $2,567.00 $3,124.00 5.50 0.00
89 Seasonal Engineering Inte 2 0 M 144 $2,292.00 $2,790.00 5.50 0.00
14 PT Aquatics Supervisor 0 1 F 151 $3,128.00 $3,806.00 5.50 0.00
15 EBHC Maint Cust.2 0M 160 $3,151.00 $3,834.00 5.50 0.00
16 Liquor Store Office Assista 0 1 F 169 $2,855.00 $3,474.00 5.50 0.00
17 EBHC Secretary/Receptior 0 1 F 169 $2,855.00 $3,474.00 5.50 0.00
20 Customer Service Rep.0 1 F 169 $2,855.00 $3,474.00 5.50 0.00
21 Maintenance Custodian 2 0M 170 $3,745.00 $4,558.00 5.50 0.00
22 Utilities Tech. II 0 1 F 173 $3,151.00 $3,834.00 5.50 0.00
23 Accounting Tech II 0 1 F 173 $3,230.00 $3,930.00 5.50 0.00
18 Permit Technician 0 1 F 177 $3,151.00 $3,834.00 5.50 0.00
24 Police Records Technician 0 8 F 177 $3,151.00 $3,834.00 5.50 0.00
25 Night Service Person 1 0 M 177 $4,265.00 $4,265.00 0.00 5.00
19 Crime Prevention Speciali;0 1 F 183 $3,745.00 $4,558.00 5.50 0.00
32 Adm. Sec./EBHC Billing Cl 0 1 F 183 $3,151.00 $3,834.00 5.50 0.00
26 PW Adm Assistant 0 1 F 187 $3,478.00 $4,233.00 5.50 0.00
30 HR/Benefits Specialist 0 1 F 187 $3,393.00 $4,129.00 5.50 0.00
33 Police Adm. Assistant 0 1 F 187 $3,393.00 $4,129.00 5.50 0.00
34 Deputy City Clerk 0 1 F 187 $3,393.00 $4,129.00 5.50 0.00
35 Payroll/HR Technician 0 1 F 187 $3,393.00 $4,129.00 5.50 0.00
36 Maint. II 21 0M 192 $4,265.00 $4,265.00 3.50 0.00
29 CARS Administrative Asst.0 1 F 193 $3,393.00 $4,129.00 5.50 0.00
27 Central Garage Adm Tech 0 1 F 194 $3,151.00 $3,834.00 5.50 0.00
28 Public Works Adm Tech 0 1 F 194 $3,151.00 $3,834.00 5.50 0.00
31 BCS/BD Adm. Assistant 0 2 F 194 $3,393.00 $4,129.00 5.50 0.00
37 Mechanic 3 0 M 197 $4,755.00 $4,755.00 0.00 18.00
39 Police Crime Analyst 1 0 M 199 $3,745.00 $4,558.00 5.50 0.00
38 Sales Manager 0 2 F 203 $3,860.00$4,697.00 5.50 0.00
40 Fire Adm. Coordinator 0 1 F 212 $3,478.00 $4,233.00 5.50 0.00
82 Fire Inspector PT 1 0 M 218 $3,270.00 $3,599.00 5.50 0.00
42 Property Code Specialist 2 0 M 233 $4,344.00 $5,286.00 5.50 0.00
81 Assistant Liquor Store Mar 0 1 F 233 $3,497.00 $4,255.00 5.50 0.00
43 Sales Director 0 1 F 238 $4,476.00 $5,447.00 5.50 0.00
44 Maintenance Supv.1 0 M 238 $4,260.00 $5,185.00 5.50 0.00
47 EBHC Operations Director 1 0 M 252 $4,703.00 $5,723.00 5.50 0.00
49 Appraiser 1 1 0 M 262 $4,344.00 $5,286.00 5.50 0.00
50 Housing & Bldg. Inspector 2 0 M 262 $4,452.00 $5,418.00 5.50 0.00
45 Eng. Tech III 1 2 B 275 $4,564.00 $5,554.00 5.50 0.00
46 Police Support Services M 1 1 B 275$4,952.00 $6,027.00 5.50 0.00
52 Liquor Store Manager 2 0 M 275 $4,260.00 $5,185.00 5.50 0.00
53 Police Officer 27 5 M 280 $4,005.00 $5,889.00 3.00 0.00 Longevity
54 Detective 3 2 B 280 $6,509.00$6,509.00 0.00 5.00 Longevity
1
Job Class Data Entry Verification List
Case: 2013 DATA
Brooklyn Center
LGID 490
Job Class Nbr Nbr Class Jobs Min Mo Max Mo Yrs to Max Yrs of Exceptional
Nbr Title Males Females Type Points Salary SalarySalary Service Service Pay
48 IT/GIS Specialist 1 0 M 282 $4,678.00 $5,692.00 5.50 0.00
41 Appraiser II 0 1 F 297 $4,795.00 $5,835.00 5.50 0.00
51 Golf Course Superintender 1 0 M 297 $4,703.00 $5,703.00 5.50 0.00
56 City Clerk 0 1 F 301 $5,203.00 $6,332.00 5.50 0.00
57 Supervisor of Street & Parl 1 0 M 320 $5,590.00 $6,803.00 5.50 0.00
58 Supervisor of Public Utilitie 1 0 M 320 $5,590.00$6,803.00 5.50 0.00
55 Eng Tech IV 1 0 M 323 $5,163.00 $6,283.00 5.50 0.00
61 Building Official 0 1 F 323 $5,321.00 $6,475.00 5.50 0.00
59 Accountant 0 1 F 332 $4,941.00 $6,013.00 5.50 0.00
60 Planning & Zoning Special 1 0 M 342 $5,321.00 $6,475.00 5.50 0.00
83 Housing & Comm. Stand. !1 0 M 362 $5,321.00 $6,475.00 5.500.00
62 Recreation Program Super 1 2 B 366 $4,703.00 $5,723.00 5.50 0.00
63 Sergeant 6 1 M 382 $7,192.00$7,192.00 0.00 22.00
64 City Assessor 0 1 F 411 $6,499.00$7,909.00 5.50 0.00
65 Liquor Operations Mgr 1 0 M 432 $5,887.00$7,164.00 5.50 0.00
66 EBHC Manager 1 0 M 432 $5,887.00 $7,164.00 5.50 0.00
67 Commander 3 0 M 449 $7,886.00 $8,242.00 1.00 0.00
84 Deputy Director of BCS 1 0 M 456 $5,888.00 $7,166.00 5.50 0.00
68 Asst. Finance Dir.0 1 F 465 $5,591.00 $6,804.00 5.50 0.00
90 Project Engineer 1 0 M 479 $5,590.00 $6,803.00 5.50 0.00
3 Assistant City Engineer 1 0 M511 $5,731.00$6,974.00 5.50 0.00
69 Deputy Public Works Dir 1 0 M 525 $6,170.00 $7,509.00 5.50 0.00
73 Human Resources Directo 0 1 F 588 $6,660.00 $8,105.00 5.50 0.00
75 Director of Business & De %1 0 M 588 $7,302.00 $8,954.00 0.00 6.00
70 Asst City Manager/Dir of B 0 1 F 608 $7,375.00 $9,043.00 0.00 6.00
74 IT Director 0 1 F 610 $6,498.00 $7,907.00 5.50 0.00
72 CARS Director 1 0 M 611 $7,345.00$9,006.00 0.0019.00
71 Fire Chief/Marshall 1 0 M 618 $7,336.00$8,994.00 0.00 6.00
76 PW Director/City Engineer 1 0 M 732 $7,999.00 $9,808.00 0.00 5.00
77 Police Chief 1 0 M 739 $7,999.00$9,808.00 0.00 4.00
78 Finance Director 2 0 M 754 $7,934.00 $9,806.00 0.00 1.00
79 City Manager 1 0 M 1,192 $10,729.00 $10,729.00 0.00 7.00
Job Number Count: 90
2
icJies
CD0
000OD 0
0
0
000
000
0
00
00
0
0-
City Council Agenda Item No. 7a
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF
PATRICIA GLENN FOR HER DEDICATED PUBLIC SERVICE ON THE
FINANCIAL COMMISSION
WHEREAS, Patricia Glenn served on the Financial Commission from
January 14, 2013, through December 31, 2013; and
WHEREAS, she has made significant contributions as a member of the
Financial Commission, including evaluating and developing fiscal policies, fiscal procedures,
Mayor and Council Member total compensation, and budgetary and capital matters; and
WHEREAS, her leadership and expertise have been greatly appreciated by the
Financial Commission; and
WHEREAS, her public service and civic effort for the betterment of the
community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, it is highly appropriate that her service to the community should be
recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Patricia Glenn is hereby recognized and appreciated by the
City of Brooklyn Center, and this resolution serves as a visible and lasting expression of
gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center.
January 27, 2014
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. 10a
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: January 21, 2014
SUBJECT: Hearing for Sara Scholl, 3307 Poe Road, Regarding Dangerous Dog Declaration
Recommendation:
It is recommended that the City Council open the hearing, receive testimony from appellant,
close the hearing, and consider upholding the decision of the Animal Control Review Panel,
which found there was sufficient evidence to declare Ms. Scholl's dogs dangerous dogs.
Background:
Attachment 1 City Code Sections 1-250 through 1-300 regarding potentially dangerous and
dangerous dogs.
Attachment 2 On November 27, 2013, the Police Department issued a notice of potentially
dangerous dog declaration to Sara Scholl, 3307 Poe Road, Brooklyn Center, Minnesota, for her
dogs Chief and Lil' Mama (Remy) (attached is a copy of the notice and the police incident
report).
Attachment 3 On December 2, 2013, a letter was mailed to Ms. Scholl notifying her of the
potentially dangerous dog registration requirements, as well as the appeal process.
Attachment 4 On December 13, 2013, Ms. Scholl appealed the potentially dangerous dog
declaration and requested a hearing by the Animal Control Review Panel to determine whether
the designation is justified.
Attachment 5 On December 20, 2013, Assistant City Attorney Mary Tietjen, Kennedy &
Graven, mailed a letter to Ms. Scholl, acknowledging her request for a hearing and notifyitig of
the date and time of hearing.
Attachment 6 On December 30, 2013, the Police Department issued a notice of dangerous dog
declaration to Sara Scholl, 3307 Poe Road, Brooklyn Center, Minnesota, for her dogs Chief and
Lil' Mama (Remy) (attached is a copy of both notices and the police incident report). The dogs
were seized and transported to PUPS in Maple Grove.
Attachment 7 On December 31, 2013, a letter was mailed to Ms. Scholl notifying her of the
dangerous dog registration requirements, as well as the appeal process.
On January 4, 2014, Sgt. Flesland talked with Ms. Scholl, and she indicated she wished to appeal
the dangerous dog declaration. She also indicated she was fine with waiving the November 27,
—
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
2013, potentially dangerous dog notice and going straight to the scheduled appeal hearing for the
most recent December 30, 2013, dangerous dog notice.
On January 7, 2014, the Animal Control Review Panel (Mayor Tim Willson, Robbie Hiltz, and
Jerry Low) held Ms. Scholl's hearing, which was moderated by Assistant City Attorney Mary
Tietj en.
Attachment 8 On January 9, 2014, a letter was hand-delivered to Ms. Scholl from the Animal
Control Review Panel outlining its decision and findings for the dangerous dog hearing. The
panel upheld the dangerous dog declaration for both dogs.
Attachment 9 On January 10, 2014, Ms. Scholl appealed the decision of the Animal Control
Review Panel and requested a City Council appeal hearing.
On January 13, 2014, Ms. Scholl submitted a dangerous dog registration application for Lil'
Mama (Remy). She provided a copy of her renter's insurance policy summary showing
$300,000 personal liability coverage. She provided a copy of Lil' Mama's scheduled wellness
examination and rabies vaccination and said microchipping and sterilization are scheduled for
January 20, 2014, and January 22, 2014.
On January 14, 2014, Ms. Scholl provided a complete copy of her renter's insurance policy for
review.
On January 16, 2014, Ms. Scholl paid the impound fees and picked up Remy from PUPS. Chief
remains impounded at PUPS.
Attachment 10 On January 17, 2014, Ms. Scholl was notified of the date and time of the City
Council appeal hearing.
Budget Issues:
There are no budget issues to consider.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for alipeople and preserves the public trust
COUNCIL ITEM MEMORANDUM
Attachment 1
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
CITY OF BROOKLYN CENTER
ANIMALS CHAPTER 1
SECTIONS 1-250 TO 1-300
Section 1-250. DEFINITIONS. For the purposes of Sections 1-250 through 1-280, the
terms defined in this Section shall have the meaning given them. Terms not defined in this
Section shall have the meaning given them in Section 1-101 of this Code.
1. Dangerous dog. Dangerous dog means any dog that has:
a.without provocation, inflicted substantial bodily harm on a human being
or domestic animal on public or private property;
b.been found to be potentially dangerous. and after the owner has notice that
the dog is potentially dangerous, the dog aggressively bites, attacks, or
endangers the safety of humans or domestic animals; or
c. been determined to be a dangerous dog by the City or any other
governmental jurisdiction.
2. Potentially dangerous dog. Potentially dangerous dog means any dog that:
a.when unprovoked, has inflicted a bite on a human being or domestic
animal on public or private property;
b.when unprovoked, has chased or approached a person, including a person
on a bicycle, upon the streets, sidewalks, or any public or private property,
other than the dog owner's property, in an apparent attitude of attack;
c.has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals; or
d.has been determined to be a potentially dangerous dog by any other
governmental jurisdiction.
3. Proper Enclosure. Proper enclosure means securely confined indoors or in a
securely enclosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A proper
enclosure does not include a porch, patio, or any part of a house, garage, or other
structure that would allow the dog to exit of its own volition, or any house or
structure in which windows are open or in which door or window screens are the
only obstacles that prevent the dog from exiting.
City of Brooklyn Center 1 -1 City Ordinance
4.Owner. Owner means any person, firm, corporation organization, or department
possessing, harboring, keeping, having an interest in, or having care, custody, or
control of a dog.
5.Great bodily harm. Great bodily harm means bodily injury which creates a high
probability of death, or which causes serious permanent disfigurement, or which
causes a permanent or protracted loss or impairment of the function of any bodily
member or organ or other serious bodily harm.
6.Substantial bodily harm. Substantial bodily harm means bodily injury which
invokes a temporary but substantial disfigurement, or which causes a temporary
but substantial loss or impairment of the function of any bodily member or organ,
or which causes a fracture of any bodily member.
7.Animal Control Officer. Animal Control Officer means an individual who has
been designated for animal control operations within the jurisdiction of the City.
8.City Manager. City Manager means the City Manager or the City Manager's
designee.
9.Provocation. Provocation means an act that an adult could reasonably expect
may cause a dog to attack or bite.
Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1.Adoption by Reference. Except as otherwise provided in Sections 1-250 to 1-
300, the regulatory and procedural provisions of Minn. Stat. § 347.50 to 347.565
are adopted by reference.
2.Declaration by Police or Animal Control. A police officer, community service
officer, or Animal Control Officer may declare a dog to be dangerous or
potentially dangerous.
3. Exceptions.
a.The provisions of Sections 1-250 to 1-300 do not apply to dogs used by
law enforcement officials for police work.
b.Dogs may not be declared dangerous or potentially dangerous if the
threat, injury or danger was sustained by a person who was: i)
committing a willful trespass or other tort upon the premises occupied by
the owner of the dog; ii) provoking, tormenting, abusing or assaulting the
dog, or who can be shown to have a history of repeatedly provoking,
tormenting, abusing, or assaulting the dog; or, iii) committing or
City of Brooklyn Center 1-2 City Ordinance
attempting to commit a crime.
4.Notice to Owner. If a dog is declared potentially dangerous or dangerous
according to the criteria in Section 1-250 (1) or (2), the Animal Control Officer
will give notice, by delivering or mailing it to the owner of the dog, of intent to
declare the dog potentially dangerous or dangerous. Such notice shall inform the
owner of this designation, the basis for the designation, the procedures for
contesting the designation as described in Section 1-255 (5) (a) and the result of
the failure to contest the designation as described in Section 1-255 (5) (b). Upon
receipt of notice of intent, the dog owner must comply with the requirements of
Section 1-270 (1) and continue to comply with such requirements until the dog is
dead or removed from the City, or the City has determined that the dog is not
dangerous or potentially dangerous. The owner shall be informed of this
requirement in the notice of intent.
5.Contesting Declaration of Dangerous or Potentially Dangerous Dogs.
a.If the owner of a dog has received a notice of intent under Section 1-255
(4), the owner may request that a hearing be conducted to determine
whether or not such a designation is justified. Such request must be made
in writing and delivered to the City Manager within 14 days of receipt of
the notice of intent.
b.If the owner fails to contest the notice of intent within 14 days, the owner
forfeits the right to a hearing and the declaration of the dog as potentially
dangerous or dangerous is fmal. The City Manager will then issue a
declaration to the owner and the owner must comply with all applicable
requirements of this Section or cause the dog to be humanely destroyed or
removed from the City limits.
6.Hearing Procedure. Within ten days after receiving the owner's request for a
hearing, the City Manager will notify the dog owner of the hearing date. The
hearing will be scheduled within forty-five days. The hearing will be conducted
by the Animal Control Review Panel, which will consist of three members, as
appointed by the Mayor. The owner may call witnesses and present evidence on
his or her behalf. A simple majority of the members of the Panel is necessary for
a finding that the dog is either dangerous or potentially dangerous. The Panel will
inform the owner of its decision in writing and must state the reasons for its
decision.
7.Effect of Findings. If the Panel finds that there is a sufficient basis to declare the
dog potentially dangerous or dangerous, the owner must immediately comply
with all applicable requirements of Sections 1-265 to 1-270 or immediately cause
the dog to be humanely destroyed or removed from the City limits.
8. Appeal. If the owner of the dog disputes the decision of the Panel, the owner may
City of Brooklyn Center 1-3 City Ordinance
appeal the decision of the Panel to the City Council. An appeal to the City
Council must be in writing and submitted to the City Manager within 14 days of
the Panel's decision. The owner may appeal the decision of the City Council in
accordance with procedures under state law.
Section 1-260. REVIEW OF DECLARATION. Beginning six months after notice is
given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request
annually that the Animal Control Review Panel review the designation. The owner must provide
evidence that the dog's behavior has changed due to the dog's age, neutering, environment,
completion of obedience training that includes modification of aggressive behavior, or other
factors. If the Panel finds sufficient evidence that the dog's behavior has changed, it may rescind
the potentially dangerous or dangerous designation.
Section 1-265. REGISTRATION.
1.Requirement. No person may own a potentially dangerous or dangerous dog in
the City unless the dog is registered as provided in this Section.
2.Certificate of Registration. The City Manager will issue a certificate of
registration to the owner of a potentially dangerous or dangerous dog if the owner
presents sufficient evidence that:
a.a proper enclosure exists for the dog and all accesses to the premises are
posted with clearly visible warning signs issued or approved by the
Animal Control Officer, that there is a potentially dangerous or dangerous
dog on the property;
b.in the case of a dangerous dog only, a surety bond to be held by the City
Clerk has been issued by a surety company authorized to conduct business
in this state in a form acceptable to the City Clerk and the City Attorney in
the sum of at least $300,000, payable to any person injured by the
dangerous dog, or a policy of liability insurance has been issued by an
insurance company authorized to conduct business in this state in the
amount of at least $300,000, insuring the owner for any personal injuries
inflicted by the dangerous dog;
c.the owner has paid the annual registration fee as provided for in this
Section; and
d.the owner has had microchip identification implanted in the dangerous dog
or potentially dangerous dog as required under Minn. Stat. § 347.515.
3. Warning Sign. If the City issues a certificate of registration to the owner of a
potentially dangerous dog or dangerous dog under Section 1-265 (2), the City will
provide, for posting on the owner's property, a copy of a warning symbol to
City of Brooklyn Center 1-4 City Ordinance
inform children that there is a dangerous dog on the property. The City may
charge the dog owner a reasonable fee to cover its administrative costs and the
costs of the warning symbol.
4.Fee. The City will charge the owner an annual fee to obtain a certificate of
registration for a potentially dangerous or dangerous dog. The fee for every such
registration shall be as set forth by City Council resolution. Every such
registration shall expire on September 30 next after its issuance. No registration
fee shall be refunded or prorated.
5.Tag. A potentially dangerous or dangerous dog registered under this Section must
have a tag, issued by the City, identifying the dog as potentially dangerous or
dangerous. This tag must be affixed to the dog's collar and worn by the dog at all
times.
Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS;
ADDITIONAL REQUIREMENTS.
1.Enclosure and Proper Restraint. An owner of a potentially dangerous or
dangerous dog shall keep the dog, while on the owner's property, in a proper
enclosure. If the dog is outside the proper enclosure, the dog must be muzzled
and restrained by a substantial chain or leash and under the physical restraint of a
responsible person. The muzzle must be made in a manner that will prevent the
dog from biting any person or animal but that will not cause injury to the dog or
interfere with its vision or respiration.
2.Registration Renewal. An owner of a potentially dangerous or dangerous dog
must renew the registration of the dog annually until the dog is deceased. If the
dog is removed from the jurisdiction, it must be registered as a potentially
dangerous or dangerous dog in its new jurisdiction.
3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must
notify the City Manager in writing of the death of the dog or its transfer, and
must, if requested by the City Manager, execute an affidavit under oath setting
forth either the circumstances of the dog's death and disposition or the complete
name, address, and telephone number of the person to whom the dog has been
transferred.
City of Brooklyn Center 1-5 City Ordinance
4.Sterilization. The Animal Control Officer shall require a potentially dangerous or
dangerous dog to be sterilized at the owner's expense. If the owner does not have
the animal sterilized within 30 days, the Animal Control Officer shall have the
animal sterilized at the owner's expense. The owner may contest and appeal a
decision requiring a dog to be sterilized in accordance with the procedures set
forth in Section 1-255 (5) (a).
5.Rental Property. A person who owns a potentially dangerous or dangerous dog
and who rents property from another where the dog will reside must disclose to
the property owner prior to entering the lease agreement and at the time of any
lease renewal that the person owns a potentially dangerous or dangerous dog that
will reside at the property. A dog owner, who is currently renting property, must
notify the property owner within 14 days of City notification if the dog is newly
declared as dangerous or potentially dangerous and the owner keeps the dog on
the property.
6. Sale. A person who sells a potentially dangerous or dangerous dog must notify
the purchaser that the dog has been declared as potentially dangerous or
dangerous. The seller must also notify the City Manager with the new owner's
name, address, and telephone number.
Section 1-275. SEIZURE.
1. Immediate Seizure.
a. The Animal Control Officer or any police officer or community service
officer may immediately seize any potentially dangerous or dangerous dog
if:
(1)after 14 days after the owner has notice that the dog is potentially
dangerous or dangerous, the dog is not registered as required under
Section 1-265 and no appeal has been filed;
(2)in the case of a dangerous dog, after 14 days after the owner has
notice that the dog is dangerous, the owner does not secure the
proper liability insurance or surety coverage as required under
Section 1-265 (2) (b);
(3)the dog is not maintained in the proper enclosure;
(4)the dog is outside the proper enclosure and not under physical
restraint of responsible person as required under Section 1-270 (1);
(5 )
after the owner has been notified that the dog is potentially
dangerous or dangerous, the dog bites or attacks a person or
City of Brooklyn Center 1-6 City Ordinance
domestic animal; or
(6) the dog is not sterilized within 30 days pursuant to Section 1-270
(4).
b. If an owner of a dog is convicted of a crime for which the dog was
originally seized, the court may order that the dog be confiscated and
destroyed in a proper manner, and that the owner pay the costs incurred in
confiscating, confining, and destroying the dog.
2.Reclaimed. A potentially dangerous or dangerous dog seized under Section 1-275
(1) may be reclaimed by the owner of the dog upon payment of impounding and
boarding fees, and presenting proof to the Animal Control Officer that the
requirements of Section 1-265 and Section 1-270 will be met. A dog not
reclaimed within seven days of seizure may be disposed of as provided in Minn.
Stat. § 35.71, subdivision 3. The owner is liable to the City for costs incurred in
confining and disposing of the dog.
3.Subsequent Offenses. If a person has been convicted of a misdemeanor for
violating a provision of Section 1-265 or 1-270, and the person is charged with a
subsequent violation relating to the same dog, the Animal Control Officer must
seize the dog. If the owner is convicted of the crime for which the dog was
seized, the court shall order that the dog be destroyed in a proper and humane
manner and the owner is responsible for paying the cost of confining and
destroying the animal. If the person is not convicted of the crime for which the
dog was seized, the owner may reclaim the dog upon payment to the City of a fee
for the care and boarding of the dog. If the dog is not reclaimed by the owner
within seven days after the owner has been notified that the dog may be
reclaimed, the dog may be disposed of as provided under Mimi Stat. § 35.71,
subdivision 3. The owner is liable to the City for the costs incurred in confining,
impounding, and disposing of the dog.
4. Disposition of Seized Dogs.
a. Right to a Hearing. The owner of any seized dog has the right to a
hearing by the Animal Control Review Panel. The notice and hearing
requirements in Section 1-255 will apply to a hearing requested under this
Section. Any hearing requested under this Section will be held within 14
days of the request. In the event that the seizure is upheld by the Panel,
actual expenses of the hearing up to a maximum of $1,000 will be the
responsibility of the dog owner. The Panel will issue a decision within
ten days after the hearing. The decision will be hand-delivered to the
dog's owner or delivered via registered mail as soon as practical and a
copy will be provided to the Animal Control Officer and City Manager.
City of Brooklyn Center 1 -7 City Ordinance
b. Security. A person claiming an interest in a seized dog may prevent
disposition of the dog by posting security in an amount sufficient to
provide for the dog's actual cost of care and keeping. The security must
be posted within seven days of the seizure inclusive of the date of seizure.
Section 1-276. RESTRICTIONS ON DOG OWNERSHIP.
Dog ownership prohibited. Except as provided in paragraph 3 of this Section, no
person may own a dog if the person has been:
a.convicted of a third or subsequent violation of Sections 1-265 or 1-270 or
Minn. Stat. § 347.515;
b.convicted of 2' degree manslaughter due to negligent or intentional use
of a dog under a violation under Minn. Stat. § 609.205, clause 4;
c. convicted of a gross misdemeanor harm caused by a dog under Minn.
Stat. § 609.226, subdivision 1;
d.been convicted of a violation under Minn. Stat. § 609.226, subdivision 2;
e.had a dog ordered destroyed under Section 1-280 and been convicted of
one or more violations of Section 1-265, 1-270, Minn. Stat. § 347.515 or
609.226, subdivision 2.
2. Household members. If any member of a household is prohibited from owning a
dog under paragraph 1, unless specifically approved with or without restrictions
by the City, no person in the household is permitted to own a dog.
3, Dog ownership prohibition review. Beginning three years after a conviction
under Section 1-276 (1) that prohibits a person from owning a dog, and annually
thereafter, the person may request in writing to the City Manager that the Animal
Control Review Panel review the prohibition. The Panel may consider such facts
as the seriousness of the violation or violations that led to the prohibition, any
criminal convictions, or other facts that the Panel deems appropriate. The Panel
may rescind the prohibition entirely or rescind it with limitations. The Panel also
may establish conditions a person must meet before the prohibition is rescinded,
including, but not limited to, successfully completing dog training or dog
handling courses. If the Panel rescinds a person's prohibition and the person
subsequently fails to comply with any limitations imposed by the City or the
person is convicted of any animal violation involving unprovoked bites or dog
attacks, the Panel may permanently prohibit the person from owning a dog in this
state.
City of Brooklyn Center 1-8 City Ordinance
Section 1-280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
1. Circumstances. Notwithstanding Sections 1-265 to 1-276, a dog may be ordered
destroyed in a proper and humane manner by the Animal Control Officer if the
dog:
a.inflicted substantial or great bodily harm on a human being on public or
private property without provocation;
b.inflicted multiple bites on a human being on public or private property
without provocation;
c.bit multiple human victims on public or private property in the same attack
without provocation; or
d.bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack.
2. Hearing. The Animal Control Officer may not destroy the dog until the dog
owner has had the opportunity for a hearing before the Animal Control Review
Panel.
Section 1-300. PENALTY.
1.Any person violating the provisions of Sections 1-265 or 1-275, shall, upon
conviction thereof, be guilty of a misdemeanor and shall be subject to penalties
specified for misdemeanors in Mimi. Stat. § 609.03, as amended from time to
time. Each day that a violation exists shall constitute a separate offense.
2.It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a potentially dangerous or
dangerous dog, to fail to account for a dangerous dog's death or change of
location where the dog will reside, to sign a false affidavit with respect to a
dangerous dog's death or change of location where the dog will reside, or to fail
to disclose ownership of a dangerous dog to a property owner from whom the
person rents property.
3.A person who is convicted of a second or subsequent violation of paragraphs (1)
or (2) is guilty of a gross misdemeanor.
4.An owner who violates Mimi. Stat. § 347.542 or Section 1-276 of this Code is
guilty of a gross misdemeanor.
5. Any household member who knowingly violates Minn. Stat. § 347.542,
subdivision 2, or Section 1-276 of this Code is guilty of a gross misdemeanor.
City of Brooklyn Center 1 -9 City Ordinance
COUNCIL ITEM MEMORANDUM
Attachment 2
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
-1- I , • • . • . .• •
:
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•
• •
•. , :_::: • •"Po . .
Notice of Potentially Dangerous Dog
Brooklyn Center Police Department ReportNumber: ‘i 3 -0° Cg ' 1 7
6645 Humboldt Ave. N
Brooklyn Center, MN 55430-1853 Date: / I / 77 I 13 Time: fICZ .(763) 569:3333 .
Owner: c--: }"'■ ,S- e- )1 0 1 1
Address: '.?o7 .70 C R 9 PhOne (Home): I Z
City: E ypt e4416;- • zip: 5-,S-VZ Phone (Work):
•• a •- • • ..
*411111111111111111110.
starrb.o f Dog: L,./t/e_ 1 ery
Breed
•Colo*); It) k •
•Sex: . ?C ..F - M
Aga: 2. . Neutered • y )(....14:: -„ , .. •. . . . . ._,.=
•Distinguishing Markings: get,:i r,_ pr.,;(cLef
. • ... •
The ab .oye listed dog owner is hereby notified that the'nhoveliited 4og his been declared to be i"PoteritiallY DangerdDog"I defttied by • - • •
Knoesota Statute 347.50.This'declarátioU is based upon (one or more may be checked): •
. •, •
The dog has, when unprovoked inflicted bite(s) on a human or domestic animal on public or private property.
Report Number 13- 5 f '
-The dog has, when tuhprovolcdd, chased or approached a person, including a person on a bicycle, upon the streets,
sidewalks, or any public or private property, other than the dog owner's property, in an apparent altitude of a:y=1c;
Rep•ort Number •
_
. • • . ,•
The dog has a known propensity, tendency, or disposition to attack unprovoked, causing injury orotherwise threatening -the-
safety of humans or domestic animni9. •1.. •
Report. Number .
. . • .
The owner oithiS clog should be aware that this dog Will be . &moldered ta . be a "Dangerous Dog;" within the Meaning of Minnesota Statute 347.50,
and required to be registered as such, and confined or muzzled as required by the statute ifit
I. Withotit provOcaidon, inflicts substantial bodily-I:arm:on a human being; (or)
2.Kills a domestic aninial without provocation while off the owner's pieperty; (or)
3.
•
}las been found to be potentially dangerous, and •after the owner has notice that the dog is potentially dangerous, the dog
aggressively bites, ntinnien, or endangers the safety of hitmnnn ofdomestic animals.
- • • •
I hereby acknowledge receipt of the above. notice.
(Signature ar Does Owner/Reprnentati've)_ . . ••• _.
••
-Rev- 0/01-
•- (haulug Officer/Badge Number) .
. . •. -
CITATION
State of Minnesota
11111111111111111111270213003370 1111Citation #:
270213003370
Cotinty Name: 14 . -eAnn i toe-vl Sequential Citations 1 of )'
Identification: 0 DL . 0 DVS Web 0 Photo ID ' .0 FP • 0 Other
DL Number MN 0 CDL 0 State
Name: First Middle Last Suffix
SosreA. pi e....v-+.'e- 54 to4 11Address — Street, Apt #
3307 Po-' em
City ,..., State Zip
b rooLi vrt reo lg- -md 6",c4Z9Height
6- (O
Weight
/.. 0 c)
Eyes .
lk-e-e-kl
GenderF-
p Juvenile Court
Offense. Circle One:
JTR, JPO, DEL
Parent or Guardian's Name:
Address: .
0 Same
address as
Juvenile
Child'sRace
Veh.:Lic. No.Plate Year State Make Style 016+ pass.Color .
Date of Offense
I //z 7/i 3
Time of OffenseI I gm'''
D Accident/Crash . .
0 Property 0 Injury 0 Fatal 0 Pedestrian
0 Unsafe conditions
Weather:
0 Endangering Life or Property*
*court appearance required If checked
0 Commercial Vehicle
.DOT#
#Pounds overweight:
aliazardous Materials (DOT)
0 Driver I I=1 Owner 0 Passenger 0 Operate 0 Parked I 0 Booked
Offense Location
33o 1 Po& 2p Circle One: ' /County/Township/Other
.0f: B ronkivn e.d.kviter
Offense Charge Description - Statute/Ordinance
Oon OVP 1-4 ,r5,sz- Hi i 0 3rdviolation PM, M,-GM
Offeed - Charge Description Statute/OrdinancePoi a+ LC,r-54 • I— ill
0 3rdviolation PM, M,GM
Offense Charge Description . Statute/Ordinance 0 3rdviolation PM, M,GM
Offense Charge Description • • Statute/Ordinance .13 3rdviolation PM, M,GM
El Speed Minn. Stat. § 169.14 (subd. ) mph Zone PM, M 0 3rd In 12 months
DI No proof of Insurance Minn. Stat. § 169.791 (subd )IN, GM
0 No Seat Belt Use Minn. Stat. §169.686.1(a)Pm
AC Taken —AC: Test type: 0 Refused. 0 Breath 0 Blood 0 Urine
If this is a payable citation, you must pay the amount owed or schedule an
.appearance within 30 days from the date the citation was issued.
See the back of this citation for more information:- ..
Officer(s) Name(s) 9 ..FN-14. 5,5 Officer No(s) 3 .z .7 I Prosecutor
Controlling Agency (CAG)
MNO270200
How Issued
IX In Person D Mailed 0 Left at Scene
-
Date Issued
.1 111 7//..
ts
Agency Name: 6) ret./t/ n tert4e, 9 Q CN/ICR 13_ 55,,z4
Version: 2013.1
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13-005829
Incident Summary
Incident Type: CRIMINAL OFFENSE(S) Report Type: ANIMAL CONTROL
Inc Occurred Address: 3301 POE RD, BROOKLYN CENTER, MINNESOTA 55429 Sector/Beat: /BCO3
Inc Occurred Start: 11/27/2013 11:00 Inc Occurred End: Report Taken:
Domestic: N Bias Motivation: Gang Related: N Substance: U
Contact Nature: 911 Reported Date/Time: 11/27/2013 11:00
Reporting Officer: RUSS, MATTHEW Primary Assigned Officer:
Case Status: CLOSED
Approved by:
Disposition: ADULT ARREST Disposition Date: 12/02/2013 10:36
Approved date/time: Approve status:
Offenses
Statute Code: 1-111 Enhancers:
Statute Desc: ANIMAL RUNNING AT LARGE
Counts: 2 Statute Severity: MISDEMEANOR
Officers
Event Association Emp# Badge# Name Squad#
PRIMARY ASSIGNED OFFICER 3274 3274 RUSS, MATTHEW
Associated Events
Association: Event Type: Event#: Event Date (Start): Event Date (End): Agency:
ARREST TO INCIDENT ARREST BCI 3-005829 11/27/2013 11:00:08 BC
CITATION TO INCIDENT CITATION 270213003370 11/27/2013 11:59:00 BC
Persons Involved
Person#: 0001 MNI: 58426123 Can ID Suspect: No
Event Association: REPORTING PARTY Contact Date/Time: 11/27/2013 11:00
Name: SAMUEL, JEAN ROSIE
SSN: OSSIMMII Issam• Sex: FEMALE Race: BLACK NON-HISPANIC
Height: Weight: Eye Color: Hair Color:
Address: 3301 POE RD, BROOKLYN CENTER, MINNESOTA 55429 Sector/Beat: /BCO3
Phone Type 1: Phone# 1: (763) 566-2502 Ext 1:
Phone Type 2: Phone# 2: - Ext 2:
DL State: DL#: DL Exp. Date:
Occupation: Employer/School:
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Printed by: bc3166kb
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Page 2 of 4Incident Report
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13 -005829
Persons Involved
Person#: 0002
Event Association: ARREST
Name: SCHOLL, SARA MARIE
SSN:
Height: 5' 1IY - 5' 10"
MN1: 3321511 Can ID Suspect: No
Contact Date/Time: 11/27/2013 11:59
Weight: 200 - 200 lbs
Sex: FEMALE
Eye Color: GREEN
Race: WHITE
Hair Color: BROWN
SectorlBeat: /BCO3Address: 3307 POE RD, BROOKLYN CENTER,
Phone Type 1: Phone# 1: (612) 998-7841 Ext 1:
Phone Type 2: Phone# 2: Ext 2:
DL State: MINNESOTA DL#: 0163058319710 DL Exp. Date:
Occupation: CASHIER Employer/School: BP GAS STATION
Person Offenses
Statute Code: 1-111 Enhancers:
Statute Dose: ANIMAL RUNNING AT LARGE
Counts: 1
Printed by: 1303166kb
Printed date/time: 12/2/13 10:54
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13-005829
Narratives
ENTERED DATE/TIME: 12/02/2013 10:48:28
NARRATIVE TYPE: MAIN REPORT
SUBJECT: MAIN REPORT
AUTHOR: RUSS, MATTHEW
On Wednesday 11/27/13 I Community Service Officer (CSO) Russ was dispatched to a woman screaming overs
dogs fighting at 3301 Poe RD. Police Officer's Vesey and Nordby were also dispatched to the scene due to the
nature of the call. I waited for Officer Gregg Nordby and Officer Brett Vesey to arrive before approaching the
scene. Officer Nordby, Officer Vesey and I walked in to the house at 3301 Poe Rd. I came into contact with a Ms.
—Rosie Jean Samuel who I was able to ID by drivers license..
Ms. Samuel showed us to the back kitchen which overlooked her back yard. In the backyard I saw two white
pitbull's that were acting extremely aggressive jumping on the home owners windows and barking in Ms.
Samuel's fenced in yard. Ms. Samuel advised us that the dog belonged to her neighbor who I have personally
dealt with before along with Officer Nordby when he was a CSO for both dogs at large in Ms. Samuels's
backyard in April.
Ms. Samuels stated that the dogs came across the fence and then proceeded to a Yorkie and Toy Puddle that
Ms. Samuels owns. I took a look at Ms. Samuel's pictures of the damage done to her dogs. I noticed that there
were scratch marks and mike marks and some blood was drawn on her dogs. She told us the dogs lived at
3307 Poe RD and that there was a dog that died that lived at this address that was labeled by the city as
dangerous; and it had attacked her toy puddle a few years ago almost killing it the dogs in questions are the
offspring of said dog.
Ms. Samuel advised us that she had already called the dog's owner a Ms. Sara Scholl. I CSO Russ identified
the dog owner as Sara Marie Schollglinalk when she arrived a short time later. She lives at 3307
Poe Rd which is the house next door. Once Ms. Scholl was on scene she was very upset and uncooperative.
Officers Nordby and Vesey placed her in the back of the squad car to cool off.
The dog's names are Chief and Little Remy ones a male and one is a female. Officers Norbdy and Vesey and I
decided that the dogs should be labeled potentially dangerous. After much discussion we decided to leave the
dogs in quarantine at 3307 Poe RD. Ms. School was served with the notice to label her dog's potentially
dangerous dogs as well as she was cited for two counts of dog at large 1-111 on 11/27/13.
There is a copy of pictures attached in the file
Nothing further to report at this time
Matthew Russ
#3274
Incident Report Page 3 of 4
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Printed dateltime: 12/2113 10:54 Incident Report
Page 4 of 4
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13 -005829
Community Service Officer
Brooklyn Center Police Department
KB.
12/02/13.
Signatures
Reporting Officer Date
Supervisor Date
Printed by: bc3166kb Page 1 of 1
Printed date/time: 12/12/13 9:50 Narratives
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13 -005829
ENTERED DATE/TIME: 12/1112013 14:48:56
NARRATIVE TYPE: SUPPLEMENTAL REPORT
SUBJECT: SUPP1 XL 11/27/13
AUTHOR: LOR, XIONG
12/02/13 at 1100 hours- both dogs seem fine, very active, keep trying to jump on me. Owner stated dogs been in
kennel all night and that's why dogs are active.
12/08/13 at 1105 hours- both dogs seem fine no sign of aggression less active than the last checkup. Owners
state that dogs got out through a lost section of a wooden fence and the fence has been fixed.
No further follow up at this time, case closed.
Xiong/kb
12/11113.
COUNCIL ITEM MEMORANDUM
Athchnitea 3
Hearing Regarding Dangerous Dog Declaration
—
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the 000 , of life
for all people and preserves the public trust
CITY OF .c.gri#17
ART, A GREAT PLACE TO -!5TAY:-
Office of the City Cler
yo rcio
City Clerk
763-569-3306
December 2, 2013
Sara Scholl
3307 Poe Road
Brooklyn Center, MN 55429
RE: Notice of Potentially Dangerous Dog
Dear Sara Scholl:
On November 27, 2013, both your dogs were declared a "potentially dangerous dog" as defined by Minnesota
Statute §347.50, Subd. 3, and City Code Section 1-250(2). Enclosed is a copy of City Code Sections 1-250
through 1-300 relating to the regulation of potentially dangerous dogs. As owner of a potentially dangerous dog,
you must comply with the requirements of City Code Sections 1-265 and 1-270 and continue to comply with such
requirements until the dog is deceased or removed from the City, or the City has determined that the dog is not
potentially dangerous.
REGISTRATION PROCESS
1.Complete the Registration Application for Potentially Dangerous or Dangerous Dog;2.Submit photos showing that a proper enclosure exists for the dog and that warning symbols/signs have
been posted at every entryway to the premises to inform children that there is a potentially dangerous dog
on the property (your photos will be returned to you or you can e-mail digital photos to
sknutson@ci.brooklyn-center.mn.us );
3.Submit proof that the dog has had microchip identification implanted;
4.Submit proof that the dog is current on rabies vaccination; and
5. Submit $35.00 registration fee.
ALL required , application materials are due within 14 calendar days from the date of this letter Monday,
DeteMbei•.,16, 2013). Once the required application materials have been received, the City Manager will issue a
certificate of registration, along with a tag identifying the dog as potentially dangerous, which must be affixed to
the dog's collar and worn by the dog at all times. The City will also provide for posting on the owner's property
one warning symbol/sign. Potentially Dangerous Dog Registrations expire September 30, and an owner must
renew the registration of the dog annually until the dog is deceased.
CONTEST/APPEAL TIM DANGEROUS DOG DECLARATION
Particular attention should be given to City Code Section 1 -255(5)(a), which provides that if an owner of a dog
has received a notice of intent, the owner may request that a hearing be conducted to determine Whether or not
such a designation is justified. Such request must be made in writing, and delivered to the City Manager within 14
calendar days of receipt of the notice of intent (MOiidaY i-D -Ce`eh'.ib0 16, 2013).
Sincerely,
Sharon Knutson, MMC
City Clerk
Enclosure
City Hall
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3300 • Fax: 763.569.3494
Community Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3400 • Fax: 763.569.3434
Police & Fire Departments
6645 Humboldt Avenue North
Brooklyn Center, MN 55430-1853
763.569.3333 • Fax: 763.561.0717
COUNCIL ITEM MEMORANDUM
Attachment
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
RECEIVED
CEO iS 2013
To Brooklyn Center City Manager,
I am writing this letter in contest to the proposed actions which the city would like me to take regarding
my dogs and an incident which occurred between my neighbor and myself. I have been served with
papers indicating my dogs are to be deemed dangerous or potentially dangerous which I do not feel is
even remotely the case. First of all I admit my dogs did make it over the fence that borders property
lines between myself and 3301 Poe Rd however they did not bite anyone or any other animal and they
did not show any signs of doing so. The resident of 3301 was actually not the person who called the
police, another neighbor did simply because he saw my dogs on her porch (they were not being
dangerous or bothering anyone at the time). This incident did not involve this particular person, it
involved my neighbor directly next to me, not three houses down, the resident next door to me refrains
from calling the police and simply calls me to let me know if there is a problem and vice versus. I would
like to reiterate again that my dogs did not bite, did not attempt to bite, nor provoked harm to anyone
or anything therefore should not even be considered to be deemed dangerous. My fiancé and I have a 5
month old daughter and we fully trust our dogs to be around her, matter of fact she is able to crawl on
them, pull on their ears, and get in their face with no indication of the dog wanting to attack. I sincerely
feel if anyone were to call the police on my animals it should be the resident of the yard they were in,
not anyone else who is not involved and does not have the same understanding as I do with my direct
neighbor. I am requesting this decision be appealed under the basis my dogs did not inflict harm or
damage to any person, animal, or object. I also do not feel it is necessary for me to spend the money to
microchip my dogs since I do not feel it is ethical and I will not put my animals through any sort of
procedure that I am against.
Under City of Brooklyn Center section 1-250 it is stated that a potentially dangerous dog is: a) one when
unprovoked, has inflicted a bite on a human being or domestic animal on public or private property (my
dogs did not bite anyone or anything) b) when unprovoked, has chased or approached a person,
including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than
the dog owners property, in an apparent attitude of attack (my dogs did not show any indication they
were going to attack, they were not growling or biting at anyone) c) has a known propensity, tendency,
or disposition to attack unprovoked causing injury or otherwise threatening the safety of humans or
domestic animals (my dogs have never bitten anyone or anything) d) has been determined to be a
potentially dangerous dog by any other governmental jurisdiction (I have never lived anywhere other
than Brooklyn Center with these dogs, they are not deemed dangerous by any other jurisdiction).
Because none of these points involved my animals, and they have not done anything to qualify them to
be deemed dangerous nor potentially dangerous, I respectfully request this issue be dismissed, if not
dismissed I do ask for a fair trial or appeal hearing where all parties can be heard on this matter.
Thank you kindly,
Sara Scholl rtio(0 (o/d-q9Er-- 7ev
33U 7'7
Cenfeie, )
COUNCIL ITEM MEMORANDUM
Attachment 5
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
Offices in
Minneapolis
Saint Paul
St. Cloud
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity EmployerA
MARY D. TIETJEN
Attorney at Law
Direct Dial (612) 337-9277
Email: mtietien@kermedy-graven.com
December 20, 2013
Sara Scholl
3307 Poe Road
Brooklyn Center, MN 55429
RE: Dangerous Dog Hearing
Dear Ms. Scholl:
On December 2, 2013, the City of Brooldyn Center Police Department issued a notice to you that
your dogs have been declared "potentially dangerous" under state law and city ordinances. In a
letter from you received by the City of Brooklyn Center on December 13, 2013, you requested a
hearing to determine whether this designation is justified.
The City has convened a panel for the hearing. The hearing will take place on January 7, 2014, at
6:00 p.m. in the All-America conference room at Brooklyn Center City Hall.
Please feel free to bring any infoimation to the meeting that you feel may be helpful to the panel in
reaching its decision. If you have questions, you may contact me at 612-337-9277 or Sharon
Knutson, City Clerk, at 763-569-3300.
Sincerely,
(
Mary D. Tietj en
MDT:peb
cc: Mayor Willson (incident report)
Robbie Hiltz (incident report)
Jerry Low (incident report)
CSO Matthew Russ #3274
Sgt. Patrick Toohey
—Sharon-Knutson; City Clerk'-
Charlie,LeFevere, City Attorney
I
436862v1 MDT BR291-265
COUNCIL ITEM MEMORANDUM
Attachment 6
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
(03-2J'is.
Time: V5L'Vb
Report Number:
Date: vt 170
Brooklyn Center Police Department
6645 Humboldt-Ave. N
Brooklyn Center, MN 55430-1853
(763)569-3333
Owner: SC, \IA 62(-^-"\\N \'-&ç Iv(
Phone (Home): Cp 17:— 7f) I
Phone (Work):
Address: -7--;30`) 1`11)
City: %1-(-)rix I 6( Zip: ..Cf? (4 7,-
.Name of Dog: Vl"fri lt")
Breed: 171' t btA
Color(s): 1.9 Cle-
Sex: )61 ,F
Age: 7, Neutered
Distinguishing Markings:
Notice of Dangerous Dog
The above listed dog owner is hereby notified that the above listed dog has been declared to be a "Dangerous Dog" as defined by
Minnesota Statute 347.50. This declaration is based upon (one or more may be checked):
The dog has, without provocation, inflicted substantial bodily ban:a on a human being:
Rep ort Number
The dog hs killed a doniestio animal without.pravocation while off the owner's property:
Report Number ' ". : 2 [ 3 05
The dog has been found to be potentially dangerous, and after the owner had notice that the dog is potentially
dangerous, the dog aggressively bit, attacked, or endangered the safety of huthans or domestic 'arrithais:
Report Number
You must comply immediately with all requirements for confinement and restraint of the dog. You must register the dog with
Hennepin County within fourteen days of the date of this notice.
VIOLATIONS MAY RESULT IN SEIZURE OF THE DOG.
I hereby acknowledge receipt of the above notice.
f. 7.'1
(Issuing Officer/Badge Number)(Signature of Dog's Owner/Representative)
Rev 12/01
Notice of Dangerous Dog
Report Number: G75,S.
Date: • / 790 / 1-12 Time: Z,0 1-1 Z./
Address: -77-0srl VOC, Qt)Pt-h,n471111111611.(Home): 4. / Z — 7115 —`)8 1-( (
City: "7-yro6\ckur Ce r\ \r-( Zip: .5 14-6 `k Phone (Work):
.Name of Dog: ( k 1 T* eP--- Sex: F -10 M
Breed: ?lc.' \---NDO \A Age: 71/ ; Neutered , Y N
Color(s): 771u c (A-- 4--' (Ai' 1 —C./ ' Distinguishing Markings:
The above listed dog owner is hereby notified that the above listed dog has been declared to be a "Dangerous Dog" as defined by
Minnesota Statute 347.50. This declaration is based upon (one or more may be checked):
The dog has, without provocation, inflicted substantial bodily hami on a human being:
Report Number
The dog hs killed a doniestic animal without provocation while off the owner's property:
Report Number 1 -27 -1,03 C6"
The dog has been found to be potentially dangerous, and after the owner had notice that the dog is potentially
dangerous ) the dog aggressively bit, attacked, or endangered the safety of humans or domestic anirnals:
Report Number
You must comply hnmediately with all requirements for confinement and restraint of the dog. You must register the dog with
Hennepin County within fourteen days of the date of this notice,
VIOLATIONS MAY RESULT IN SEIZURE OF THE DOG.
I hereby acknowledge receipt of the above notice.
1 ).c(og-
iSignature of Dog's Owner/Representative) (Issuing Officer/Badge Number)
Rev 12/01
Brooklyn Center Police Department
6645 Humboldt Ave. N
Brooklyn Center, MN 55430-1853
(763)569-3333
Owner: \io \ o,(■
Printed by: bc3166kb
Printed date/time: 12131/13 8:03
Page-1 of 4Incident Report
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13 -006338
Incident Summary
Incident Type: CRIMINAL OFFENSE(S)
Inc Occurred Address: 3301 POE RD, BROOKLYN CENTER, MINNESOTA 55429
Inc Occurred Start: 12/30/2013 19:38 Inc Occurred End:
Report Type: ANIMAL CONTROL
Sector/Beat: /13003
Report Taken:
Domestic; N Bias Motivation: Gang Related: N Substance: U
Contact Nature: 911 Reported Date/Time: 12/30/2013 19:38
Reporting Officer: LOR, XIONG Primary Assigned Officer:
Case Status: ACTIVE Disposition; PENDING/OPEN Disposition Date: 12/31/2013 07:35
Approved by: Approved date/time: Approve status:
Offenses
Statute Code: 347-50
Statute Desc: POTENTIALLY DANGEROUS DOG
Counts: 1 Statute Severity:
Officers
Event Association Emp# Badge#
REPORTING OFFICER 3276 3276
Enhancers;
Name
LOR, XIONG .
Squad#
Persons Involved
Person#: 0001 MNI: 57886419
Event Association: COMPLAINANT
Name: SAMUEL, ROSIE JEAN
SSN: dEMMINIIMP
Height: 5 2' - 5' 2" Weight: 173 - 173 lbs
Address: 3301 POE RD, BROOKLYN CENTER, MINNESOTA 5
Can ID Suspect: No
Contact Date/Time: 12/30/2013 19:30
Sex: FEMALE Race: BLACK NON-HISPANIC
Hair Color:
5430 Sector/Beat: 3/BCO3
11111M
Eye Color: BROWN
Phone Type 1:
Phone Type 2:
DL State: MINNESOTA
Occupation:
Phone# 1:
Phone# 2: (763) 566-250
DL#: H848097114720
Ext 1:
2 Ext 2:
DL Exp. Date:
Employer/School:
Person#: 0002 MNI: 3597209
Event Association: MENTIONED
Name: MAXWELL, TYRECA NATEASE
SSN:
Address: 3301 POE RD, BROOKLYN CENTER, MINNESOTA 55429
Phone Type 1: OTHER
Phone Type 2:
DL State; MINNESOTA
Occupation; CASHIER
tWB§azia._J--
Phone# 1: (612) 998-7841
Phone# 2:
DL#: A041035889605
Can ID Suspect: No
Contact Date/Time: 12/30/2013 19:30
FEMALE Race: BLACK WITH HISPANIC
Hair Color: BLACK
Sector/Beat: /8003
Ext 1:
Ext 2:
DL Exp. Date: 12/21/2013
Employer/School:
Height: 5' 5" - S'S Weight: 115 - 115 lbs
Sex:
Eye Color: BROWN
Printed by: bc3166kb
Printed date/time: 12/31113 8:03
Page 2 of 4Incident Report
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number: BC13 -006338
Persons Involved
Person/I: 0003 MNI: 3321511
Event Association: SUSPECT
Name: SCHOLL, SARA MARIE
SSN:
Height: 5' 10" - 5' 10" Weight: 200 - 200 lbs
Address: 3307 POE RD, BROOKLYN CENTER,
Can ID Suspect: No
Contact DatelTime: 12/30/2013 19:36
L__) Sex: FEMALE Race: WHITE
Eye Color: GREEN Hair Color: BROWN
Sector/Beat: /BCO3
Phone Type 1:
Phone Type 2:
DL State: MINNESOTA
Occupation: CASHIER
Phone# 1: (612) 998-7841
Phone# 2:
DU: C163058319710
ExtI
Ext 2:
DL Exp. Date:
Employer/School: BP GAS STATION
Person#: 0004 MNI: 18516599
Event Association: SUSPECT
Name: ANDERSON, JIMMY LEE
SSN:
Height: 6' 4" - 6 ,4" Weight: 210 -220 lbs
Address: 3307 POE RD, BROOKLYN CENTER,
Can ID Suspect: No
Contact DatelTime: 12/30/2013 19:36
aiglaia Sex: MALE
Race: BLACK
Eye Color: BROWN Hair Color BLACK
Sector/Beat: /BCO3
Phone Type 1:
Phone Type 2:
DL State: MINNESOTA
Occupation:
Phone/Il:
Phone# 2:
DU: A536414497394
Ext 1:
Ext 2:
DL Exp. Date:
Employer/School:
Printed by: bc3166kb
Printed dateltirne: 12/31113 8:03
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333 Incident Number:BC13-006338
Narratives
ENTERED DATE/TIME: 12/31/2013 08:01:35
NARRATIVE TYPE: MAIN REPORT
SUBJECT. MAIN REPORT
AUTHOR: LOR, XIONG
On 12/30/13 at 1936 hours I, Cso Lor #3276 was dispatched to 3301 Poe Road for a dog attack. Officer Moua
was also dispatched to the same location for a domestic but it turns out his call was related to my call.
Officers arrived on scene and saw Maxwell, Tyreca Natease,VMMINP carrying a lifeless dog in her arms
out of 3301 Poe Road. Maxwell told us that she had let her dog out with her grandmother's two dogs in the
backyard to use the bathroom when the neighbor's two pit-bulls from 3307 Poe Road jumped the fence and
attacked her dog. The two pit-bulls cornered her dog and killed it while her grandmother's two dogs ran onto the
porch and try to get inside the house. Maxwell and her grandmother, Samuel, Rosie Jean, iluggo tried to
get the two pit-bulls to leave the property by banging on the glass door and wall but the dogs only growled at
them. The neighbors from 3307 Poe Road came over and grabbed their dogs and brought them back home by
the time we arrived on scene. Maxwell's dog was a 2 year old Yorkie named Rocky. The Yorkie was bit in the
mid-section, face, and there were signs of blood and bodily injuries.
After speaking with Maxwell, Officer Moua and I went over to 3307 Poe Road and spoke with Scholl, Sara Marie,
11111111111111 Scholl stated that she had let her dogs out to use the bathroom in the backyard unsupervised for
no more than 15 minutes while she was making dinner. This was the first time she let them out unsupervised
since the last dog incident (CN 13-5829) where the dogs were deemed potentially dangerous for attacking•the
neighbor's dog. Scholl stated that She doesn't know how the dogs got loose. The two pit-bulls were black and
white in color and were both 2 years old. The male is call Chief and the female is call Remey. Scholl stated she
thought they could have jumped the fence in the back where wooden siding had fallen off. The siding had
added 2-3 feet to the height of the fence but had fallen off and Scholl doesn't know how it fell off since it was
bolted to the fence. Scholl and her fiancé Anderson, Jimmy Lee,N11.1101, stated they had told the
neighbors that when the back porch light is on that mean their dogs is out and the neighbors should keep their
dogs inside. I tried confirming this with Samuel and she stated she was never told this and that before they use a
flag system where a flag up mean the dogs is out but it never work since Scholl or Anderson would forget to put it
up and down.
After speaking with both Maxwell and Scholl I seized the dogs according to ordinances 1-275a(3)(4)(5), and to
comply with the rabies quarantine. While trying to load the male dog into the squad car he was very aggressive.
I had to ask the owners to help load the dog in the back of the squad. Once I arrived at PUPS the male was still
aggressive. I had to call the Maple Grove CSO to assist me in removing the dog from the squacflo a cage;fhe
female was not aggressive and follow direction easily.
The pit-bulls were deemed dangerous dogs and the owners were issued a citation for dogs at large.
Incident Report Page 3 of 4
Printed by: bc3166kb
Printed date/time: 12131113 8:03
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 569-3333
Incident Report
Incident Number: BC13-006338
Page 4 of 4
Attach are photos from the scene of the attack and the fence where the dog jumped from.
No further information at this time, case pending disposition of dogs.
Please forward this report to Sharon Knutson.
Cso Xiong Lor 3276/kb
12/31/13.
Signatures
Reporting Officer Date
Supervisor Date
Printed by: bc3163km Page 1 of 1NarrativesPrinted date/time: 1/12/14 15:54
BROOKLYN CENTER POLICE DEPT
6645 HUMBOLDT AVE N
BROOKLYN CENTER, MINNESOTA 55430
(763) 669-3333 Incident Number: BCI 3-006338
ENTERED DATE/TIME: 01/12/2014 15:49:09
NARRATIVE TYPE: SUPPLEMENTAL REPORT
SUBJECT: SUPP2 MR 01/10/14 1326
AUTHOR: RUSS, MATTHEW
On 01/05/2014, I, Community Service Officer (CSO) Russ did the five day check on Remy (female) and Chief
(Male) pitbulls lodged at PUPS. Chief was aggressively posturing towards me as well as showing teeth no signs
of rabies. Remy charged the gate of the holding area she was in and was growling and showing teeth. Both dogs
were acting very aggressively.
On 01/10/2014, I did the 10 day check of the dogs at PUPS both dogs were still acting aggressively and no sign of
rabies present. I spoke with Danielle, the manager of PUPS. She advised me that the dogs were not friendly and
some of the workers had trouble being able to take care of the dogs because they were not friendly and had at
times shown aggression against staff. Dogs are to be held PUPS until owner Scholl complies with the dangerous
dog requirements.
Russ/kmm
01/12/14
COUNCIL ITEM MEMORANDUM
Attachment
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
Office of the City Cler
$TV -_
December 31, 2013
www.city6fbrooklyncentetorg
Sharon Knutson
City Clerk
CITY OF
Sara Scholl
3307 Poe Road
Brooklyn Center, MN 55429
RE: Notice of Dangerous Dog
Dear Ms. Scholl:
On December 30, 2013, your dogs Little Remy and Chief were declared a "dangerous dog" as defined by Minnesota Statute
347.50, Subd. 2, and City Code Section 1-250(1). Enclosed is a copy of City Code Sections 1-250 through 1-300 relating to
the regulation of dangerous dogs. As owner of a dangerous dog, you must comply with the requirements of City Code
Sections 1-265 and 1-270 and continue to comply with such requirements until the dog is deceased or removed from the City,
or the City has determined that the dog is not dangerous.
REGISTRATION PROCESS
1.Complete the Registration Application for Potentially Dangerous or Dangerous Dog;
2.Submit photos showing that a proper enclosure exists for the dog and that warning symbols/signs have been posted
at every entryway to the premises to inform children that there is a dangerous dog on the property (your photos will
be returned to you or you can e-mail digital photos to sknutson@ci .brooklyn-center mn us);
3.Submit proof that the dog has had microchip identification implanted;
4.Submit proof that the dog is current on rabies vaccination;
5.Submit a surety bond in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a
policy of liability insurance by an insurance company authorized to conduct business in this state in the amount of at
least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; and
6.Submit $35.00 registration fee.
The required application materials are due within 14 days of the date of this letter (ttieSdaST,4a -UitatY:14; 2.014). Once the
required application materials have been received, the City Manager will issue a certificate of registration, along with a tag
identifying the dog as dangerous, which must be affixed to the dog's collar and worn by the dog at all times. The City will
also provide for posting on the owner's property one warning symbol/sign. Dangerous Dog Registrations expire
September 30, and an owner must renew the registration of the dog annually until the dog is deceased.
CONTEST/APPEAL THE DANGEROUS DOG DECLARATION
Particular attention should be given to City Code Section 1-255(5)(a), which provides that if an owner of a dog has received a
notice of intent, the owner may request that a hearing be conducted to determine whether or not such a designation is
justified.: _Such :request :must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of
intent g**; diiik600141, •
Questions regarding the registration of dangerous dogs should be directed to me at 763-569-3306 or e-mail
sknutson@ci.brooklyn-centerann.us .
Sincerely,
14yukt8t*
Sharon Knutson, MMC
City Clerk
Enclosure
City Hall
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3300. Fax: 763,569.3494
Community Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3400. Fax: 763.569.3434
Police & Fire Departments
6645 Humboldt Avenue North
Brooklyn Center, MN 55430-1853
763.569.3333 Fax: 763.561.0717
COUNCIL ITEM MEMORANDUM
Atta hinent
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
CSiri? Or
•4 , 'S; ART,' GRE AT1LCEjQ STAYFit vinaliv.citköfbrooklyncenter.or6
January 9, 2014
Ms. Sara Scholl
3307 Poe Road
Brooklyn Center, MN 55429
RE: Dangerous Dog Hearing
Dear Ms. Scholl:
This letter is the Panel's decision and findings for the dangerous dog hearing that was held on
January 7, 2014. The panel members reached a unanimous decision to uphold the designation of
your dogs as dangerous. If you disagree with the Panel's decision, you have the right to appeal to
the Brooklyn Center City Council. The appeal must be in writing and submitted to the City
Manager within 14 days of the date of this letter.
Procedural Background
On December 2, 2013, the City issued a Notice of Potentially Dangerous Dog to you for an incident
involving your dogs on November 27, 2013: You sent a letter to the City Manager (received by the
City on December 13, 2013) that you wished to appeal the designation and have a hearing. The
City scheduled the hearing for January 7, 2014. On December 30, 2013, another incident occurred
involving your dogs. As a result, the City issued a Notice of Dangerous Dog to you on DeceMber
31, 2013.
You waived your right to hold a hearing on the potentially dangerous dog notice and agreed to
proceed directly to a hearing on the dangerous dog notice. The hearing was held on January 7, 2014
at 6:00 p.m:
Factual Background
Police reports indicate the following events occurred. (These events were also confirmed by the
officers who attended the hearing on January 7, 2014.) On December 30, 2013, Brooldyn Center
Police were dispatched to your neighbor's residence for a dog attack. When officers arrived on the. „.„ „.
scene, your neighbor was carrying a lifeless dog (a Yorkie) from, the backyard. The neighbor told
the officers that your dogs (two pit bulls) had jumped over the fence and attacked her dog. The
Yorkie was bitten in the mid-section and face and there were some signs of blood and bodily
injuries. There was also evidence of blood in the backyard. Photographs of the deceased dog and
the' backyard were presented at the hearing. The officers testified that the Yorkie was not stiff or
frozen when they arrived on the scene.
City Half6301 Shingle Creek ParkWayBrooklyn Center; mf■I 55430-2199
763.669.3300 • Fat 763.569,3494
,Cpmfnunify Center
6101 Shingle 'Creek Parkwayrooklyn Center, MN 55430-2199
763.569.3400 Fax: 761.5693434
*Pcilidê ;3:c Fire Departments
6645 Htirnbtat Avenue Nooh,
Brooklyn Qe.Ner, MN 56430-1$53
763.569,3333 t FM.: 763.561.0717
PINT orRO
A GREAT PLACE TO START, A GREAT pLACE . TO STAY 11111011.cityofbrooklyncentenorg
Both you and your fiancé, Jimmy Lee, testified at the hearing and offered infonnation that you
believe exonerates your dogs. You stated that you had let the dogs out to go to the bathroom and
then got a call from your neighbor telling you that "your dog is eating my dog." You stated that the
neighbor did not have much emotion in her voice when she made the call.. You then indicated that
Jimmy ran over to the neighbor's and your dogs were not near the Yorkie, but instead were
"running the fence line". It was your opinion that if your dogs had attacked and killed the Yorkie,
they would not have simply let the Yorkie lie there. You said that your dogs had. not &fen dog fuod
in two days and, also, they have white fur and there was no blood on them. You testified that you
think another animal in the neighborhood such as a fox or a raccoon — probably killed the Yorkie
earlier. You also told the Panel that you have never had any other incidents with your dogs and that
they are gentle with your child and other people as well.
Panel member Robbie Hiltz, dog expert and former animal control expert, stated that pit bulls or any
other "fighting dog" are not typically interested in their "victims" if they do not fight back. It would
simply take one "good shake" and it would be over. There would not necessarily be a lot of blood
involved. In addition, she said that dogs that are aggressive to other dogs or animals are not
necessarily aggressive towards people.
You also described to the Panel that you had installed additional sections of lattice on your fence in
an effort to keep your dogs from leaving your yard, but that the lattice had come down. You didn't
know how the lattice had come down or how long it had been down. Photographs indicate that it
had likely been down for some time.
Finally, you tated that you had an "agreement" with your neighbors that when your porch light is
on, that means your dogs are out and they should' keep their dogs inside. You previously had a
system whereby a flag was raised or lowered indicating that the dogs were outside.
City Ordinance
Under Brooldyn Center City Code, Section 1-250, a dangerous dog is "any dog that has: a) without
provocation, inflicted substantial bodily harm on a human being or domestic animal on public or
private property; . . ."
Panel Decision
Based on the evidence, including your testimony at the hearing, the Panel finds that:
1.On December 30, 2013, your dogs inflicted substantial bodily harm, resulting in death,
to a domestic animal.
2.The evidence you presented to refute the attack was not convincing in light of the police
department reports and photographs of the scene. Significantly, the officer's statement
that the Yorkie was not frozen or stiff upon their arrival at the scene indicates that the
Citylia.11530 Shingle Creek Pa(lorayprbOlclyrt(entor; MN 55.430-2199763.569,3300 Fax: 763.569.3494
Community *gaiter6301 ShfcigleCreek .P.arkway
..ProOklyri Oentef, 55.4.30-21.99
703.569.3460 Fak: 763.569,3434
F.)9Mcp:& Fird Departments6645 Humboldt Avenue North.Brooldyn Center, MN 55430-1.03763.5.69.333.3 Fax: 763.561,0717
=Mr CIFOOKL CENTE
GREAT TO START A GREAT PLACE TO STAY, -wiNW.citybfbrodklynahter.org
4e--,7-7
v
Mayor Tim Willson bie Hiltz
Yorkie had not been attacked earlier by another animal. There was no evidence that
another animal had been present in the backyard. The Panel also finds that the lack of
blood on your dogs and the fact that they were ignoring the Yorkie afterwards, is not
strong evidence that the attack did not occur. This is based on expert knowledge of dog
behavior and common sense. The size differential alone means that the Yorkie could
have been killed simply by being shaken.
3.Regardless of any "agreement" with your neighbors to signal that your dogs are outside,
it is your responsibility to keep your dogs on your property and prevent harm to people
and other animals. There was no evidence presented that your dogs were being
provoked.
4.Therefore, there is sufficient evidence under City Code Section 1-250 to declare your
dogs dangerous.
The Notice of Dangerous Dog is valid and you must comply with all applicable requirements of the
City's Ordinance and take steps to register the dogs with the City. The requirements under the
Ordinance are outlined in the letter to you from Sharon Knutson dated December 31, 2013 (copy
enclosed).
Feel free to contact City Clerk Sharon Knutson at (763) 569-3306 at the City of Brooklyn Center if
you have any questions about this letter or the Panel's decision.
Sincerely,
CC:
Sharon Knutson, City Clerk
Sergeant Garett Flesland
Commander Tony Gruenig
Charlie L. LeFevere, City Attorney
Mary D. Tietj en, Assistant City Attorney
CityHall610,1Sh141e .CrOk PatkWay
.BrboklyliCantat;t■AN 5543.0-2199.
763.553,3300 5* 70569..3484
Community Center
6301 Shia& Creek_Ratigi4
'Brooklyn Ceaterf.MN 55430-2199
763.569.1400 Fax: 761.569,3434
Pieo Departments043 Flontoldt Avenue North
Broplclyn Centor, MN 5.54104853
761568.3313 Fax: 763:561:0717
COUNCIL ITEM MEMORANDUM
Attachment 9
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
(bad/tj C,64e(2_
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RECEIVED
3cup,o, S&vvtA
JAN 1 0 2014
3361 [POE Gzt
(90— 91-791
COUNCIL ITEM MEMORANDUM
Attachment 10
Hearing Regarding Dangerous Dog Declaration
Mission: Ensuring an attractive, clean, soft, inclusive committal), that enhances the quality of life
for all people and preserves the public trust
Office of the City.eterk,
wititti.-bity6thrtioklytidêntet.
Sharon Knutson, MMC
City Clerk
763-569-3306
sknutson@ci.brooklyn-center.mn.us
CITY OF
pk0A -T ,OCAQbTo.i .s .T.A 111".0V--19.At.d?(Actfr.tiPtiA.r
January 17, 2014
Ms. Sara Scholl
3307 Poe Road
Brooklyn Center, MN 55429
RE: Dangerous Dog Hearing
Dear Ms. Scholl:
On December 30, 2013, the City of Brooldyn Center Police Department issued a notice to you that your dogs,
Chief and Lil' Mama (Remy), had been declared "dangerous" under state law and City Ordinances. On
January 4, 2014, you requested a hearing to determine whether this designation is justified.
On January 7, 2014, the City's Animal Control Review Panel held a hearing, at which you were present. On
January 9, 2014, a letter was hand-delivered to you of the Animal Control Review Panel's findings that there
was sufficient evidence to declare both dogs as potentially dangerous dogs.
By letter from you dated January 10, 2014, you appealed the Panel's decision and requested a City Council
appeal hearing. The Brooklyn Center City Council will hear your appeal on Monday, January 27, 2014, at 7
p.m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek
Parkway, Brooklyn Center, Minnesota 55430.
Please feel free to bring any information with you that you feel may be helpful to the City Council in reaching
its decision. Questions should be directed to me at 763-569-3306 or sknutson@ci.brooklyn-center.mn.us .
Sincerely,
Sharon Knutson, MMC
City Clerk
City Hall
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3300 . Fax: 763.569.3494
Community Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
763.569.3400. Fax: 763.569.3434
Police & Fire Departments
6645 Humboldt Avenue North
Brooklyn Center, MN 55430-1853
763.569.3333 Fax: 763.561.0717
City Council Agenda Item No. 10b
COUNCIL ITEM MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
January 27, 2014
Curt Boganey, City Manager
Sharon Knutson, City Clerk 44A/1k '414A 64-,
Type IV 6-Month Provisional Rental License for 5444 Dupont Ave N
Recommendation:
It is recommended that the City Council consider approval of the Mitigation Plan and issuance of
a Type IV 6-Month Provisional Rental License for 5444 Dupont Ave N. The applicant or
representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If
the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the
motion be to direct staff to prepare proposed findings for disapproval of the Miti ation Plan and
notify the license applicant of any pending license actions to be taken at a subseq ent 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:
05-17-2013
06-10-2013
08-15-2013
11-04-2013
11-06-2013
The Owner, Willie Young, applied for an initial rental dwelling license for 5444
Dupont Ave N, a single-family residential property.
An initial rental inspection was conducted. (14 property code violations were
cited, see attached rental criteria)
A follow up inspection was conducted and failed.
A follow-up 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.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
CO _ACP, IITEM MEMORANDUM
11-18-2013
12-17-2013
12-3 0-20 13
01-09-2014
01-17-2014
01-17-2014
A second letter was sent to the owner(s) notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
A $125 Administrative Citation was issued for not submitting a mitigation plan.
The property was posted as unlicensed.
A Mitigation Plan was submitted.
The Mitigation Plan was finalized.
A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin in
approximately four months. The new license will be based on the property code violations found
during the initial renewal license inspection and the number of validated police calls for services
for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan
must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
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
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
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
Type II — 2 Year
Type III — 1 Year
1-2 units
3+ units
1-2 units
3+ units
1-2 units
3+ units
0-1
:0-035
Greater than 1 but not more than 4. . .
Greater than 0.75 but not more than 1.5
Greater than 4 but not more than 8
Giater:.th an 1 .5 but notmote:than 3
Type IV —6 Months 1=2 units
3+ units
Greater than 8
Greater than -3
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
- - - - -
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
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 Priorities:
Vibrant Neighborhoods
Attachment
- Mitigation Plan
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
*Pending Type IV ',idenseExii. Date:..
(Six inimths from cuireni license expirolion)
_
,Property .Addrcss:.5444 DUPON1f:A.V .E --.N.!
'Owner Mime:IA ./ILL YOUNO ..
.0Wrier',AddrdsS:
• l'°Pal RENTEkS'VVARLHOOS.E.,
Agent Address:..'
. ,
4309 EDlO BE09OI(TERRACEI1 pRdoKLyti rai* MN 554,73 6101 BAKER ROAD, SUITE 200 MINNETONKA, MN 553.15-
'QWrIcr:Ph°416: 612=207-0634.13
Owner Ethail ; WI LLIEYOUNG1 @msN:com
Agent Phone: 952.4M888g. , .
:Ai9 4 EI:Ila !l ':RENTERSWABOOUSELOM
P.cntal License:. .J New I 1 Renewal: Current License EXpiMtion Date
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. 'I'he 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.
I-'SetAion e lured Doetwevt ,.
Submit the following documents with the Mitigation Plan for approval:
1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.
2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10 1h of each month (after license approval).
etion FreeiliKtujiug l'r■igranattquitotHeill6
e I
I. Use written lease including Crime Free Housing Lease Addendum.
2. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3 Pursue the eviction of tenants who violate the terms of the lease or any addendums.
I I
I
VI
I City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
IIIIIMIMIIIINIMIIIIIIII-77-7>Tininify .7' •
Phone: 763-569-3300 TTY 711
Fox: 763-569-3360
www.cityofbrooklyncenterorg
Rental License Mitigation Pian--Type IV Rental License
Handwritten plans will not be accepted. Please type or use finable form on City website.
Page 1 Type IV Mitigation Plan Rev 11-16-11
I i I 4. Attend City approved eight hour Crime Free Housing
Date Course Completed: 1 /20/10 or
course.
Date Course Scheduled:
Phase II
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
1/31114 glOAM Improvements to be completed by: 30 DAYSDate Scheduled:
1 ,/
Phase III
(two).
& 3113114
%/ I will attend a minimum of 50% of the ARM meetings
I will attend the ARM meetings scheduled for: 119114
Do these two meeting dates occur before the *Pending Type IV License expiration date? IIII Yes No
(*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal.
I I will have no repeat code violations previously documented within the past year.
with four or more twits:
1 will conduct resident training annually that includes crime prevention techniques.
I will hold regular resident meetings.
For properties
I, 1
I 11I)
get'tlkartftti tt---C.tekirT — iiiii-6 Iiiiiiittiaig ' 41%.7.14crit';VAIAM:a. ),Igit..:;&Vi -
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-2005 2030
Water Heater-2005 2015
Kitchen Appliances-2006-RANG/ FRIDGE 1998 2018
Laundry Appliances-2005 2020
Exterior
-Paint/Siding,fascia, trim 2013 2018
-Windows 2019
-Roof 2013 2033
-Fence 2002 2030
-Shed 2002 2015
-Garage 2013 2033
-Driveway 2002 2034
-Sidewalks na
Smoke Alarms & Carbon Monoxide Alarms 2013 2021
Other(s).sieioii'fir...:Fli-iCtrillitiAli%")---ifili41Wita'IA..-601i1O.W.61,41161:ielim_,A*,g.rj.J'Mft„ . • ,
management of your property.
month.
By checking
Implementing the following best practices may assist in the
the boxes below, you agree to:
I. Check in with tenants every 30 days.
2. Drive by property to check for violations twice a
1II i
Page 2 Type IV Mitigation Plan Rev 11-16-11
Fqr.,City Use-- tigation Plan Approved By:$1
Police Department I Title Dat
F-73. Evict tenants in violation of the lease and all addendums.
4. Provide lawn/snow service.
5 Provide garbage service.
[F71 6. Install security system,
7.Provide maintenance service plan for appliances. Name of service co.: centerpointe
8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other
financial claims due to the City.ri 9. Other(s):
I
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved
Mitigation Plan and all applicable city codes, No later than the 10e 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! 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.
Own r or A ame and 'it le (Please Print)
• yi4j/
Owner or Agtnt Signature
Additional Owner or Agent Name and Title (if applicable) (Please Print)
Additional Owner or Agent Signature (if applicable)
Date
Date
4ldit 'ty Standards Department / Title 9 1 11'/Date(
Page 3 Type IV Mitigation Plan Rev 11 -16 -11
City Council Agenda Item No. 10c
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk 44Na 'WYMM
SUBJECT: Type IV 6-Month Provisional Rental License for 6316 Quail 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 6316 Quail Ave N. The applicant or
representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If
the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the
motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and
notify the license applicant of any pending license actions to be taken at a subsequent Council
Meeting.
Background:
This owner is applying for a new rental license. This property qualifies for a Type IV provisional
rental license, based on 10 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:
10-03-2013
10-09-2013
11-12-2013
11-20-2013
The Owner, Tim Xiong, applied for an initial rental dwelling license for 6316
Quail Ave N, a single-family residential property.
An initial rental inspection was conducted. (Ten property code violations were
cited, see attached rental criteria)
A follow-up 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.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
12-17-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
12-02-2013 A Mitigation Plan was submitted.
01-07-2014 The Mitigation Plan was finalized.
01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin in
approximately four months. The new license will be based on the property code violations found
during the initial renewal license inspection and the number of validated police calls for services
for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan
must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public Mist
COUNCIL ITEM:\ EMORANDUM
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public tnist
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
Type II —2 Year
Type III — 1 Year
I■111V
Type IV — 6 Months
1-2 units
3+ units
1-2 units
+ units
1-2 units
3+ units
1-2 units
3+ units
0-1
0-0.75
Greater than 1
Greater than 8
Greateftbari -3
but not more than 4
:Greater than 0.75 but not more tharil .5
Greater than 4 but not more than 8
Greater than 1.5 but not more than 3
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
1-2 0-1
3-4 units - .0 0 25
5 or more units 0-0.35
Mission: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of life
for all people and preserves the public
COUNCIL ITEM MEMORANDUM
Greater than 1 but not more than 3Decrease 1
Category
Decrease 2
Categories
1-2
3-4 units Greater than 0.25 but not more than 1
Greater than 0.35 but not more than 0.50 5 or more units
1-2 Greater than 3
3-4 units
5 or more units
Greater than 1
Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic Priorities:
o Vibrant 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
Phone: 763-569-3300 TTY 711
6301 Shingle Creek Parkway
Far 76.3,569-33 60
Brooklyn Center, MN 55430-2199
www.cItyofhtooklyncenter.org
WlBMIISSIIII-11B2m1101&1511219316F-2:11WSI — malltioilists-.1,it in :
ea: t.::::
Rental License Mitigation Plan--Type IV Rental License tte
Handwritten plans will not be accepted. Please type or use finable form on City website.
W7-4311a:
11AVF iiigifitnaNia2
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
ensurn fiance 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.
WS-911.1artEff. CiM-Z271-221t.i roiTTAWINEINASTIVIRIN
Submit the following documents with the Mitigation Plan for approval:
=1 I Crime Free Housing Program Training Certificate Of completed, if not completed, please include
scheduled date in Section C.
2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum
ICI 3. Submit written report by 10 th of each month (after license approval).
11 ri:MW t ES1.-liarMil.
el
1.Use written lease including Crime Free Housing Lease Addendum.
2.
Conduct criminal background check for all prospective tenants. Provide documentation to City
if
requested.
3. Pursue the eviction of tenants who violate the testes of the lease or any addendums.
Type iv Mitigation Plan Rev 1146•1
Page 1
ESE
j v 14, Attend City approved eight hour Crime Free housing course.
1 i ll ?r*.Date OltIMO COIrlpidCd: 40+Za.i 1 61( .• or Date COUTiC SChedUIC4:
1-4171ft IIL. I Complete Security AsseSsment and implement all security improvements reconur.encled by the
Brooklny Center Pohce Department. f• 1 1 axi al xr
I ; ,.,..\.. 11 t.) )Date Scheduled: • 10,41 1 w4, ' ''," Is pros bus to be completed by;
P tent
I will attend a minimum of 50% of the ARM meetings (two),
T will attend the ARM meetings scheduled for: ',MI,"& VI:::2til,= =
Do these two meethip, dates occur before the +Pentlirtg T,Iyvit'Llovrao expiration elate? mi Yes 0 No
(4 See Section A) If no you will only be able to qualify for is Type IV Rental theme upon rtnewaL
I will have no repeat code violat;01H previously documented within the post year.
For propertl.y with four or more units:
t=t I will conduct resident training annually that includes crime prevention techniques
En I n•il hold regular resident meetings
S WIT: W-1.'" I 4.Wrillp Milk ffft:EffinikiTri(1M1,Wti'luiP,11i[lista on condition and age, estimated replacement dates ore provided for common capital items. funding
shOuld be considered accordingly. HONSTVet, itCUIS broken, worti Or othenvist, in violation prior to the estimated
re lseernem date will require earlier eerrections.
Date Laat Replaced Estnnated
I._ te. 13_,__p_cernent Date
invznefurnacc/AC-up.1,-,.tos
Water Beater-wog;1.1i7Ols
—Kitchen Appliances-1,v24a ittr2m5
Loan A w hanees-Urn*'yarn _____
Exterior
-Point/Siding, fascia, trio:
711M0 0■50011
VWStd 7,112D1 5
-Windows Oar,.ill I I
-Roof sweeto.snear
-Fence _n nenar
'Shed rer rr,,1
1TAHL intal 0 50.(2117
-DTIVL:Way 71111341 mow
.SitiCWaliZ rdtd
Smoke Alarms &Carbon Monoxide Alarms 51t15510 _1 ityvalt
Othaf , „,r. ._mr., t .,,,wiiiwila u
Implementing the following best practices rnay assist In the
.0, , , 4, . JO t9IgStad'ili.,
management of your property-
let !licking the bores below, you agree to:
1. Check in with tenon ts, every 30 days,
ii, V I 2. Drive by property to clic& for NititaiOCIS tWICV a month.
Page 2 Type IV Mitigation Plan rte./11-16 ,11
LI Other(s)3
Fri 3 Evict tenants in violation oft I act and all aditendurns
ip_
4.Ptoside lay:10410w ECTACO.
5.Provide garbage SOT-VICO.
6, Install security systent,
7. Provide maintenance service plan kr tipplionees. Name of service
I am and will remain amen( on payment of utility fees, tax - aS-Sewarnt.c, fines, Fenalties and other
fit:am:jai claims dee to the City,
Far City Uwi Iii JcI anaU Arivovi,!
Cm amity Standard4Department I Title
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee mom comply with the approved
Isfitigatiors Plan And all apylicable city codes. No later than the le ()reach calend.rr month, the licensee must
submit to the Building and Community Standards Department a written report &scribing all t;teps taken to
comply with the Mitigation Plan,
I verify that all Mrs:mating provided above is true and 11Ccuralc, I understand that if I do not comply with sin
aPPruved Nlitikation Plan, comply with all applicable ordinances within th license period, or operate beyond
the license expinnion date; enforcement actions SU ch as citations, formal complaint or license review may
result
Tirn >gong
Omer os Avert (Please Print)
0(lle r or Agent Sipatt:------1
Karen Than
AdeitinuM Owner Dr AgentNasne and Tide (jferppimble) (Please Print)
Additions' Owner or Agent Signature Of oohed(*)
12/2/2013
Date
43/411 3
Date —
Page 5 Type IV Mitigation Plan ReV11.16-I1
City Council Agenda item No. lOci
COUNCIL ITEM MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
January 27, 2014
Curt Boganey, City Manager
Sharon Knutson, City Clerk 4,INIAO,
Type IV 6-Month Provisional Rental License for 7208 Dallas Road
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 7208 Dallas Road. The applicant or
representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If
the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the
motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and
notify the license applicant of any pending license actions to be taken at a subsequent Council
Meeting.
Background:
This owner is applying for a renewal rental license. The previous rental license was a Type II
rental license. This property qualifies for a Type IV provisional rental license based on 12
property code violations found during the initial rental license inspection and zero validated
police incidents/nuisance calls for the past twelve months.
Staff from Administration, Building & Community Standards and Police Departments worked
with the property owner regarding a mitigation plan, which requires Phase I, II and III of the
Crime Free Housing Program, and other items included by City ordinance for a Type IV License.
A Mitigation Plan has been developed addressing the requirements of the ordinance and any
issues specific to the property.
Therefore, staff is recommending approval of the Type IV Rental License on condition of
adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for
more information.
The following is a brief history of the license process actions:
08-12-2013
09-04-2013
10-31-2013
11-15-2013
11-15-2013
The Owner, Neng Xi Zhang, applied for renewal of the rental dwelling license for
7208 Dallas Road, a single family dwelling.
An initial rental inspection was conducted. 12 property code violations were cited,
see attached rental criteria.
The previous rental license expired.
A second rental inspection was conducted and passed.
City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for ailpeople and preserves the public trust
COUNCIL I[TEM MEMORANDUM
12-04-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
12-17-2013 A Mitigation Plan was submitted.
01-07-2014 The Mitigation Plan was finalized.
01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin
immediately. The new license will be based on the property code violations found during the
initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
- -
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
COUNCIL ITEM MEMORANDUM
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or -for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
k Code Only)
Type I — 3 Year
Number of Units
1-2 units
3+ units
Property Code Violations per
Inspected Unit
0-1
0 0 75
1-2 units
3+ units
1-2 units
3+ units
Greater than 1 but not more than 4
. . ,
Greater :Olaf' 0.75. but not more than 1.5
Greater than 4 but not more than 8
Ot.04iet than 1 .5 but not more than 3
Type II —2 Year
Type III — 1 Year
Type IV —6 Months 1-2 units
3+ Units
Greater than 8
-Graterlhart3.
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
....
1-2 0-1
:34units --04).25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
34units :Ow:ter:than Q.25 but not mole than 1
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Strategic Priorities:
0 Vibrant 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
.Agent AddreSs:
Ow n e r Agèfit.Phiine:
'.0ivner Agent
..Suction
,. q0..8)b. Cellt,ei',,MN, 55430Property AcIdt .0...Ss'e4
•'114001::A:gent::,-Npng')C1.!Zharig ."_• •
.61.1 6ellvu4w Lgne,13 :rofoklyn Center ; MN 65430
'Rental License: NeW Renewal: Curiti -riliCedse:Expiration.TiAte-::1 01.01 113
•• ' ' '::•Pending ,Type IV LidcnseiExp. Date t13W14 '
montbsfrom.cztrren( license expiration)
04,Viter Addt-ess:.'
Phase I
1 I.
2.
13
Page 1
I
I City of Brooklyn Center Phone: 763-569-3300 TTY 721
6301 Shingle Creek Parkway Fax: 763-569-3360
Brooklyn Center-, MN 55430-2199 www.chyofbrooklyncenterorg
L:LAIIMMINIIIII - ------ - - 3111111.1 _ _. _ 1
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans will not be accepted. Please type or use fillable form on City website.
Based on property conditions and/or validated police nuisance incidents, the above referenced property
qualifies for a Type IV Rental License. Before your license application can be considered by the City Council,
a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be
submitted immediately to ensure timely completion of the license application process. The Mitigation Plan
should indicate the steps being taken to correct identified violations and the measures that will be taken to
ensure 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 ACTION NOW in order to meet all the city ordinance
and Mitigation Plan requirements within this *pending license period and avoid legal actions.
PAto„P 0— 14 -qiiirc#Poeitin
Submit the following documents with the Mitigation Plan for approval:
1 1 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.
2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10 1h of each month (after license approval).1 I
PIgittiA
Use written lease including Crime Free Housing Lease Addendum.
Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
Pursile the eviction of tenants who violate the terms of the lease or any addendums.
Type IV Mitigation Plan Rev 11-16-11
I i 4. Attend City approved eight hour Crime Free Housing course.
Date Course Scheduled:Date Course Completed: 2117111 or
Phase II
improvements recommended by the
to be completed by: 30 days
1 I Complete Security Assessment and implement all security
Brooklyn Center Police Department.
Date Scheduled: 1 /15114 @ 3 PITI Improvements
Phase HI
(two).& 3/13/14
I ,/ Hill attend a minimum of 50% of the ARM meetings
I will attend the ARM meetings scheduled for: lig/14
Do these two meeting dates occur before the *Peuding
(*See Section A) If no, you will only be able to qualify
Type IV License expiration date? III Yes I I No
for a Type IV Rental License upon renewal.
within the past year.
crime prevention techniques.
I will have no repeat code violations documentedpreviously
For properties with four or wore units:
I I I 1 includeswill conduct resident training annually thatII will hold regular resident meetings.
Based on condition and age, estimated replacement dates are provided for common capital items. Funding
should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated
replacement date will require earlier corrections.
Date Last Replaced Estimated.
Replacement Date
Furnace/AC-2011 2030
Water Heater-2010 2020
Kitchen Appliances-2010 2020
Laundry Appliances-2012 2022
Exterior
-Paint/Siding, fascia, trim 2012 2017
-Windows 2009 2030
-Roof 2009 2030
-Fence 2009 2030
-Shed 2009 2030
-Garage 2010 2030
-Driveway 2033
-Sidewalks 2033
Smoke Alarms & Carbon Monoxide Alarms 2013 2015
Other(s).l'S'-:606.4*.ii4OfoiWCO=XiiiiilicoW440:140i 1.4ii:F.410.1Miiiiiii6iiilitYiliailif.,
management of your property.
month.
Implementing the following best practices may assist in the
By checking the boxes below, you agree to:
I. Check in with tenants every 30 days.I I I I 2. Drive by property to check for violations twice a
Page 2 Type IV Mitigation Plan Rev 11-16-11
Aei.41
Co munity Standards Department / Title
For City Approvcil Ity:
/44
Police Department / Title
/ ?-k?(///
136te /
ate
•
3. Evict tenants in violation of the lease and all addendums.Fi/
4.Provide lawn/snow service.
5.Provide garbage service.
6.Install security system.
7.Provide maintenance service plan for appliances. Name of service co.:
."'
8. I am and will remain current on payment of utility fees, taxes, assessments, tines, penalties and other
financial claims due to the City.
V 9. Other(s): Tenants call me anything break/ I check on them
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the lo th of each calendar month, the licensee must
submit to the Building and Community Standards Department a written report describing all steps taken to
comply with the Mitigation Plan.
I vetify that all information provided above is true and accurate. I understand that if 1(10 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.
Neng Xi Zhang
Owner or Agent Name and Title (Please Print)
N 4
Owner or Agent Signature
Additional Owner or Agent Name and Title (if applicable) (Please Print)
Additional Owner or Agent Signature (if applicable) Date
Page 3 Type IV Mitigation Plan Rev 11 -16 -11
11-1
1E1
a Date
City Council Agenda tem No. 10e
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 6607 Drew 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 6607 Drew 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 I
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:
10-07-2013 The Owner, Jeffrey Davis, applied for renewal of the rental dwelling license for
6607 Drew Ave N, a single family dwelling.
10-17-2013 An initial rental inspection was conducted. Ten property code violations were
cited, see attached rental criteria.
11-14-2013 A second rental inspection was conducted and passed with weather deferral items.
(Repairs are needed to the exterior stucco and the service door and windows need
to be painted.)
11-14-2013 City records indicate zero validated police incident/nuisance calls occurred in the
past twelve months.
Mission: Ensuring an attractive, clean, safe, inclusive conununiO, that enhances the quality of life
for all people and preserves the public trust
COUNCE, ITEM MEMORANDUM
11-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
12-04-2013 A Mitigation Plan was submitted.
01-07-2014 The Mitigation Plan was finalized.
01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin
immediately. The new license will be based on the property code violations found during the
initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
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
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public frost
1-2 units
3+ units
0-1Type I — 3 Year
0-0.75
Greater than 0.75 but not more than 1.5
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
.011■•■■..
Type II —2 Year 1-2 units Greater than 1 but not more than 4
Type III — 1 Year
3+ units
Type IV —6 Months 1-2 units
Greater than 4 but . not more than 8
Greater thanl
Greater than 8
3+ units
1-2 units
3+ units Greater than ,3
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
.....----
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0 25 but not more than 1
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Strategic Priorities:
0 Vibrant 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
tt.01-1Arna..5x.4 Waf
*Le AillrigtaiiarABLEO,P
v
I J
Submit the following documents with the Mitigation Plan for approval:
1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.
2, Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10Th of each month (after license approval).
v
1 v 11v1
el
1.Use written lease including Crime Free Housing Lease Addendum.
2.Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3. Pursue the eviction of tenants who violate the terms of the lease or any addendnins.
Dec. 16. 2013 10:23AM No. 1313 P. 1
City of Brooklyn Center •
6301 Shingle Creek Parkway
Brooklyn center, MN 55430-2199
Phone: 763-569-3300 77Y 711
Fox: 763-569-3360
www.c(tyofbrooklyncen ter.org
n'Y
Rental License Mitigation Plan—Type IV Rental License
Handwritten plans will not be accepted. Please type or use fillable form on City website.
. ':÷T Itt r.i:4;.,h- 'L .– IPM — 11,41,-411 er; .t. i 4--•.,-1--- . 'LT ,
PropertyAddres s..,..,:„....,.„.., :.epp7..:[yew..:ttyqN :,
'
n,• .
4).Y.v1.3.. 6i n ciild:''.6 .:1".7i th 7i....:663 .:. - •.... ... ., . ,.A:geniPlionel e'll ,6 .66:--8--
910 1':. Em a il''.: ..: ,,.:;.j. e. t- f'ci. a–Tii M-i. 0, 7. "barn.....c.' ist,,,Ail.......: .Ag6:-Iijni.......il':- 6.ilip..iji" 6' " '.i,41:1. ,66G:tiin..
::-.i.i‘li- hieelise. 1 I New.;;-. :IN Renewal ,',.Cur‘rentiideni'c'Eitiir.ai'Ot6S.a.t,e;Q:141146.1i)014.;'
)1PendMg i1ylie
.. • ''' . (Six nidntlii
•
Exp
07/31/2014 SKIiiiiienkt,ip.. bite;:9 6 /N 12.9 1.1.. -.
froni.eun;Militensi'exiiircillin) :.-
Based on property conditions and/or validated police nuisance incidents, the above referenced property
qualifies for a Type TV 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 Ivlitigation 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 3. Type IV Mitigation Plan Rev 1146-11
i 4. Attend City approved eight hour Crime Free Housing course.
Date Course Scheduled:1/22/2014Date Course Completed: or
Phase II .
improvements recommended by the
Cali / # djito be completed i
1 j i Complete Security Assessment and implement all security
Brooklyn Center Police Department,
Date Scheduled: 1/2/14 at 10am Improvements t
Phase III
(two).
& 3/13114
I / I I will attend a minimum of 50% of the ARM meetings
I will attend the ARM meetings scheduled for: 1/9/14
Do these two meeting dates occur before the *Pending
(*See Section A) If no, you will only be able to qualify
Type IV License expiration date? III Yes No
for a Type IV Rental License upon renewal.
within the past year.
crime prevention techniques.
1 I I will have no repeat code violations previously documented
For properties with four or more units:
I li• that includesI trainingwill conduct resident annuallyI1 I will hold regular resident meetings.
Section Et .*LOng Term Capital ititprovementS Plan .
Based on condition and age, estimated replacement dates are provided for common capital items. Funding
should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated
replacement date will require earlier corrections.
Date Last Replaced Estimated
Replacement Date
2021Furnace/AC-2011
Water Heater-2012 2022
Kitchen Appliances-2010 2016
Laundry Appliances-2012 2018
Exterior
-Paint/Siding, fascia, trim 2013 2020
-Windows 2000 2020
-Roof 2000 2020
-Fence NA
-Shed NA
-Garage 2013 2030
-Driveway 2000 2030
-Sidewalks 2000 2020
Smoke Alarms & Carbon Monoxide Alarms 2013 2015
Other(s). , , . .
Section E*Steps to Impro v e Management and Conditions of Property -
Implementing the following best practices may assist in the
By checking the boxes below, you agree to:
management of your property.
month.
II I II, Check in with tenants every 30 days.11-71 2, Drive by property to check for violations twice a
Page 2 Type IV Mitigation Plan Rev 11-16-11
3.Evict tenants in violation of the lease 'and all addendums.
4.Provide lawn/snow service,
5. Provide garbage service.
6 Install security system.Service Plus7. Provide maintenance service plan for appliances. Name of service co.:
S. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other
financial claims due to the City.
9. Other(s): •
v
151 1
H I
Por City Use—Mitigation Plan Approved By:
Police Department / Title Date
Bull' n munity Standards Department / Title Date
Owner or (g hl Signature
e'-
Dec. 16.. 2013 10:24AM 1313 V. 3
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.
Jeff Davis
Owner or Agent Name and Title (Please Print)
12/03/2013
Date
Michael Hochman
iAdditional Owner or A.: ) tName and Title (f applicable) (Please Prinl)
4 iv rtik
Additional Owner or A Pi t Signature Of applicable) Date
Page 3 Type Ri Mitigation Plan Rev 114641
12/03/2013
City Council Agenda Item No. 10f
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk SI C164A.
SUBJECT: Type IV 6-Month Provisional Rental License for 3019 Mumford Road
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 3019 Mumford Road. 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:
07-31-2013 The Owner, Morris Matthews, applied for renewal of the rental dwelling license
for 3019 Mumford Road, a single family dwelling.
08-20-2013 An initial rental inspection was conducted. Nine property code violations were
cited, see attached rental criteria.
09-20-2013 A second rental inspection was conducted and passed.
09-20-2013 City records indicate zero validated police incident/nuisance calls occuned in the
past twelve months.
10-09-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ffTEM MEMORANDUM
11-18-2013
11-26-2013
11-3 0-20 13
01-07-2014
01-17-2014
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
A second letter was sent to the owner(s) notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
A Mitigation Plan was submitted.
The previous rental license expired.
The Mitigation Plan was finalized.
A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin
immediately. The new license will be based on the property code violations found during the
initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public
COUNCIL ITEM MEMORANDUM
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive conmunity that enhances the quality of life
for people and preserves the public trust
1-2 units
3+ units
0-1Type I — 3 Year
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
1-2 units
3+ units
1111111111111,
Greater than 1 but not more than 4
Greater than 0.75 but not more than 1.5
Type 11-2 Year
Type III — 1 Year 1-2 units
3+ units
Type IV —6 Months 1-2 units
Greater than 4 but not more than 8
Greater than 1.5 but not more than 3
Greater than 8
COUNCIL ITEM MEMORANDUM
Inspections will be conducted in conjunction with established department policies. In
cases where 100% of the units are not inspected, the minimum inspection standards will
be established as follows:
0 At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
Mission: Ensuring an attractive, clean, safe, inclusive comnutni0, that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Strategic Priorities:
0 Vibrant 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
,kY.44Etka&,, A .44t
Submit the following documents with the Mitigation Plan for approval:
1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.
2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum1 3. Submit written report by 10'1' of each month (after license approval).
:Pee lafratlaiiiiiMMMISERITC 'ARNE
e I
1.Use written lease including Crime Free Housing Lease Addendum.
2.Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3 Pursue the eviction of tenants who violate the terms of the lease or any acidendums.
I
V.
(7) City of Brooklyn Center
6301 Shingle Creek Parkway
r -j Brooklyn Center, MN 55430-2199
Phone: 763-569-3300 7TY 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 fillable form on City website.
rigitialkaifialtaii0flir ''''''-'1 --,,,
Prope rty-4 El ress" A `',.----1.—,--:
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:,.....=
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..:;C:1:iC1.1108iii -fillr i-..4Mr.n...01 ,.. ppl4tPrn Agent EmailEiliii!: . 111-i7f1-- , . . ; .,. i.,.
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'_- iSti 1110'11111s
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',q5*ficlit:II*F01.:Ttljaiiietit . .-;i:'%-,:-.1tv.,,Ji.:.;-1,;1,,.D ate:---,M14,Niirèfirrentlaen;fe,exiAltiiin)I:-Mr
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 onaoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an
opportunity to review property concerns and identify possible solutions to improve the overall conditions and
management of the property.
NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance
and Mitigation Plan requirements within this *pending license period and avoid legal actions.
Page 1 Type IV Mitigation Plan Rev 11-16-11
i 4. Attend City approved eight hour Crime Free I-lousing course.
Date Course Completed: 110/09 or Date Course Scheduled:
Phase H .1 1 i Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.
Date Scheduled: 11 /21 /13 Improvements to be completed by:
Phase III
■,/I will attend a minimum of 50% of the ARM meetings (two).
I will attend the ARM meetings scheduled for: 119114 & 3113114
Do these two meeting dates occur before the *Pending Type IV License expiration date? I Yes LI No
(*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal.
I, 1/ h will have no repeat code violations previously documented within the past year.
For properties with four or more units:
I II I training that includes techniques.will conduct resident annually crime prevention
1 11 will hold regular resident meetings.
!Sedi3O111) -- I..5.4tg,r tit441 .,(7 'ttpitill 114 prsiv enkelit,5 r 4gi
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-9109 9/2034
Water Heater-unsure 2020
Kitchen Appliances-3/07 2017
Laundry Appliances-unsure 2019
Exterior
-Paint/Siding, fascia, trim 0/13 2023
-Windows unsure 2023
-Roof unsure 2023
-Fence NA
-Shed unsure win not replace
-Garage 1/05 2023
-Driveway unsure 2033
-Sidewalks NA
Smoke Alarms & Carbon Monoxide Alarms 9/13 batteries replace every 6 months
Other(s)
S_ektioxiE‘:.-=:84±; lb Tinp r ()I,i: Ntwag4.,-;uTai 14n-
Implementing the following best practices may assist in the
By checking the boxes below, you agree to:
thfations ciAyvvexiiit,
management of your property.
f 1 I I. Check in with tenants every 30 days.
I 1 I 2. Drive by property to check for violations twice a month.
Page 2 Type IV Mitigation Plan Rev 11-16-11
Owne r Agent Name anttle (Please Print)
For City Use—Mitigation Plan Approved By:
e)Ef)
olice Department / Title
/BM ldi Co unity Standards Department / Title ate (4
= 3
4.
5.
Install security system.Center Point7. Provide maintenance service plan for appliances. Name of service co.:
8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other
financial claims due to the City.
9.Other(s): I ‘11 tk“i', v." tItikivc case 61- -110,Ati
Evict tenants in violation of the lease and all addendums.
Provide lawn/snow service.
Provide garbage service.
lutm vtiUkt rAy-(tge,k. is-61 46(en ott/i4 . tal"
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must
submit to the Building and Community Standards Department a written report describing all steps taken to
comply with the Mitigation Plan.
I verify that all information provided above is true and accurate. I understand that if I do not comply with an
approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond
the license expiration date; enforcement actions such as citations, formal complaint or license review may
result.
P-zzzlz6e.44—
kiiaa/ r4,44141
Owner or Agent Signature
/I 1 g40,1
Date r
IiLill A a
Additional Owner or Agent Name and Title (if •pplicable) (Please Print)
tatol
Date Additional Owner or Agent Signature (if applicable)
Page 3 Type IV Mitigation Plan Rev 11-16-11
City Council Agenda Item No. 10g
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 4204 Lakebreeze 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 4204 Lakebreeze 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 I
Rental License. This property qualifies for a Type IV provisional rental license based on 14
(3.5/unit) property code violations found during the initial rental license inspection and one
validated police incidents/nuisance calls for the past twelve months.
Staff from Administration, Building & Community Standards and Police Departments worked
with the property owner regarding a mitigation plan, which requires Phase I, II and III of the
Crime Free Housing Program, and other items included by City 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:
09-30-2013
10-24-2013
11-26-2013
11-26-2013
12-04-2013
The Owner, Andrew Hardacre, applied for renewal of the rental dwelling license
for 4204 Lakebreeze Ave N, a one building/four unit rental dwelling.
An initial rental inspection was conducted. 14 (3.5/unit) property code violations
were cited, see attached rental criteria.
A second rental inspection was conducted and passed.
City records indicate one validated police incident/nuisance calls occurred in the
past twelve months. (Narcotics on 10-10-2013.)
A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
COUNCIL ITEM MEMORANDUM
12-17-2013
12-23-2013
12-31-2013
01-07-2014
01-17-2014
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
A second letter was sent to the owner(s) notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
A Mitigation Plan was submitted.
The previous rental license expired.
The Mitigation Plan was finalized.
A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
If approved, after six months, a new rental license is required. The license process will begin
immediately. The new license will be based on the property code violations found during the
initial renewal license inspection and the number of validated police calls for services for
disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must
also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Rental License Category Criteria Policy — Adopted by City Council 03-08-10
1.Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or
renewal license inspection or for a category verification inspection, along with excessive
validated police service calls occurring over a year. License categories are performance based
and more accurately depict the condition of the property and the City costs of service.
2.Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with
the property to ensure category conditions are met. License fees do not include reinspection
fees, late fees, charges for criminal or civil enforcement actions, or other penalties.
3.Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified
by the City. A licensee must meet all original conditions required by the License Category, even
if a subsequent license category is achieved.
4.License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code
violations per unit identified during the licensing inspection or category verification
inspection. Property code violations for purposes of determining licensing categories
shall include violations of property code and nuisances as defined in Chapter 12, 19, 7
and other applicable local ordinances. The City may, upon complaints or reasonable
concerns that the establishment no longer complies with the license category criteria,
perform a category verification inspection to the same standards as the license renewal
inspection as indicated below.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for ailpeople and preserves the public trust
COUNCIL ITEM MEMORANDU
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:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 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
-
Type II —2 Year 1-2 units Greater than 1 but not more than 4
I- units!Greater than Q . .but not more than *5
Type Ill - 1 Year 1-2 units Greater than 4 but not more than 8
3+ units Greaterithan 1.5 o ino
Type IV — 6 Months 1-2 units Greater than 8
3+ units Greater than 3
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
.
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0. 35 . .._.
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public tuist
COUNCIL ITEM MEMORANDUM
5 or more units Greater than 0.35 but not more than 0.50
IMAM
Decrease 2
Categories
1-2 Greater than 3
3-4 units ,Greater than 1
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Strategic Priorities:
0 Vibrant 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
• • • • . .Cvrier'N trie r 'Ng cl a Cr e Local Agent:1:
dOon 31! 1.1 grAIA.IPP. . ,
'Peoperty s Atltiress:4204:Lakebréeze A venue
,.Owner Address
.1. 4695 Old Kent Road ; PeOlphaVer
CANin i:Th etie;b52 -4 04'4409;
bwner'Email rew. ardacre@gmail.coPi Agent Ein'aik:
Renewal . . -12/31/13 !Cutrept .I.,1cense Expiration Date:
*pending Type IV License Cxp Dtc Exp. 06/30/2014 SK
li&edse expiiatio10
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Phone: 763-569-3300 TTY 711
Fax: 763-569-3350
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,
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 filly 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.
.c 'oliI*1 ufre Adii.iii0its' , ,
,.., . . ,,
Submit the following documents with the Mitigation Plan for approval:
V 1 I. Crime Free I lousing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.I V 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumVSubmitwritten report by I O th of each month (after license approval).
-eC. kikiCL:tiiiilOtO 611.111. ITOM111:12.kiifi'k 0,11 ,
Pha Ie
V I. Use written lease including Crime Free Housing Lease Addendum.ECIEOVE-\1 v 2. Conduct criminal background check for all prospective tenants. Pro i4 documentation to City
requested.
y idens? 3 2013F v I 3 Pursue the eviction of tenants who violate the terms of the lease or
Page 1 Type IV Mitikatinn PJan Rev 11-16, -11
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Police Department.0. 41 bee.. olveltild
I
don't know exact dateDate Scheduled: Improvements to be completed by:
Ct
I viPhase III
I will attend a minimum of 50% of the ARM meeting E (two).
I will attend the ARM meetings scheduled for: Marcn 13
Do these two meeting dates occur before the *Pending Type IV License expiration date? Iffl Yes r No
(*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal.
MEI I will have no repeat code violations previously documented within the past year.
I I
ñfa
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../ I 2. Drive by property to check for violations twice a month.
4. Attend City approved eight hour Crime Free Housing course.
2011Date Course Completed: January 19, or Date Course Scheduled:
Phase!!
For properties with four or more units:
I will conduct resident training annually that includes crime prevention techniques.
I will hold regular resident meetings.
Têtiii,C.apitãiimproOnieii an
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
I II
& May 8
115111
. .
Date Last Replaced Estimated
Replacement Date
2016Furnace/AC-unsure
Water Heater -approx. Oct 2011
Kitchen Appliances-June 2011
Laundry Appliances-June 2011
Exterior
-Paint/Siding, fascia, trim hall 2011
-Windows unsure 2014
-Roof unsure 2020
• -Fence unsure not applicable
-Shed unsure 2015
-Garage unsure not applicable
-Driveway unsure 2020
-Sidewalks unsure 2020
Smoke Alarms & Carbon Monoxide Alarms ongoing ongoing
Other(s)
Page 2 Type IV Mitigation Plan Rev 11-16-11
For City lise —Mitieldion Plau Approved Ily:
szEp
olice Department / Title
Atmli I
'yid\ :- Comi nity Standards Department / Title
Kete
./2._([5e
Dae
3 Evict tenants in violation of the lease and all addendums.
4.Provide lawn/snow service.
5.Provide garbage service.
6 Install security system.
7. Provide maintenance service plan for appliances. Name of service co.:
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):
v 1 1 8.
L1 9 .
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must
submit to the Building and Community Standards Department a written report describing all steps taken to
comply with the Mitigation Plan.
I verify that all information provided above is true and accurate. I understand that if! 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.
Addyi 1,1arbcct--
Owner or Agent Name and Title (Please Print)
/07//3
Date Owner or Agent Signature
Additional Owner or Agent Name and Title (if applicable) (Please Print)
Additional OWner or Agent Signature (if applicable) Date
Page 3 Type IV Mitigation Plan Rev 11-16 -11
City Council Agenda Item No. 10h
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6-Month Provisional Rental License for 6724 France Ave N
Recommendation:
It is recommended that the City Council consider approval of the Mitigation Plan, Resolution
and issuance of a Type IV 6-Month Provisional Rental License for 6724 France Ave N. The
applicant or representative has an opportunity to present evidence regarding the submitted
Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is
recommended that the motion be to direct staff to prepare proposed findings for disapproval of
the Mitigation Plan and notify the license applicant of any pending license actions to be taken at
a subsequent Council Meeting.
Background:
This owner is applying for a renewal rental license. The property would qualify for a Type II
Rental License based on the number of property code violations (four) and validated police
nuisance incidents (zero). However, since the Type IV Rental License condition has not been
met, according to City ordinances, the license should be renewed s a Type IV Rental License.
Specifically the owner failed to attend the Crime Free Housing class and complete security
improvements.
The property owner received a Type IV Rental License on April 22, 2013 on condition of
adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the
Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of
the license category and the Mitigation Plan are not met, the license renewal category remains a
Type IV.
City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete
Phase I and Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c
requires an owner (or authorized representative) to attend a minimum of 50 percent of
Owners/Managers Association Meetings.
Staff is recommending approval of the continued Type IV Rental License in lieu of denial,
revocation or suspension because the owner is working with staff to meet the license
requirements and the property is currently in compliance with the ordinance.
The following is a brief history of the license process actions.
•••••■•••
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public Oat
COUNCIL ITEM MEMORANDUM
license approval activities:
The owner, Jessica Stohl, applied for renewal of the rental dwelling license for
6724 France Ave, a single family dwelling.
An initial rental inspection was conducted. Four property code violations were
cited, see attached rental criteria.
A second inspection was conducted and passed.
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 previous Type IV license expired.
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 January 27, 2014.
Rental License approval activities:
The Owner, Jessica Stoll, applied for an initial rental dwelling license for 6724
France Ave N, a single-family residential property.
An initial rental inspection was conducted. (13 property code violations were
cited, see attached rental criteria.)
A follow up inspection was conducted and failed.
A second follow up inspection was conducted and failed.
$100 in reinspection fees were applied to the property.
The rental inspection was conducted and passed.
The $100 reinspection fee was paid.
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.
Mitigation Plan was finalized.
A letter was sent to the owner notifying that the hearing before the Council will
be held April 22, 2013.
Current rental
08-09-2013
09-05-2013
10-15-2013
10-15-2013
10-23-2013
10-31-2013
11-18-2013
12-03-2013
01-17-2014
01-17-2014
Prior Type IV
11-06-2012
11-16-2012
12-04-2012
12-10-2012
12-10-2012
12-14-2012
01-03-2013
01-31-2013
02-20-2013
03-08-2013
04-03-2013
04- 12-20 13
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public ill1St
COUNCIL ITEM MEMORANDUM
If approved, after six months, a new rental license is required. The license process will begin in
approximately four months. The new license will be based on the property code violations found
during the initial renewal license inspection and the number of validated police calls for services
for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan
must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
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 alipeople 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 Categmy 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:
0 At least 75% of units will be inspected for properties with 15 or less units.
0 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
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
1-2 units Greater than 4 but not more than 8
Greater than 1.5 but not more than 3.3+ units •
Type III — 1 Year
Type I — 3 Year
Type 11-2 Year 1-2 units
3+ units
0-1
0-0.75
Greater than 1 but not more than 4
Greater than 0.75 but not more than 1.5
Type IV —6 Months Greater than 8
Greater than 3
1-2 units
3+ units
1-2 units
3+ units
COUNCIL ITEM MEMORANDUM
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events categorized
as Part I crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are "Family or household members" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of Units Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No Category
Impact
1-2 0-1
0-0.25
0-0.35
3-4 units
5 or more units
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
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for alipeople and preserves the public trust
COUNCIL ITEM MEMORANDUM
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic Priorities:
0 Vibrant Neighborhoods
Attachment
- Copy of Mitigation Plan Approved as Part of the January 27, 2014 Type IV Rental License
Approval
- Resolution Approving a Type IV Rental License for 6724 France Ave N
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6724
FRANCE AVENUE N
WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for
licensed rental properties; and
WHEREAS, the property located at 6724 France Ave N, was issued a Type IV
Rental License on April 22, 2013; and
WHEREAS, City Ordinance Section 12-901.2 requires a property owner who
receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing
Program; and
WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an
owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program,
including attendance at a minimum of 50 percent of Owners/Managers Association Meetings,
complete Crime Prevention Through Environmental Design Requirements and City Ordinance
Section 12-913 requires submittal of monthly updates; and
WHEREAS, the property owner of 6724 France Ave N, Brooklyn Center failed to
attend the crime free housing class and complete security improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property
at 6724 France Ave N, Brooklyn Center, MN.
January 27, 2014
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.
I City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
DEC 0 3 2013 Phone: 763-569-3300 TTY 711
Fax: 763-569-3360
www.cityofbrooklyncenterorg
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans' will not be accepted. Please type or use _tillableform on City website.
Section A— Property Information
Property Address: 6724 France Ave N
Owner Name Jessica Stoll Local Agent
Owner Address:
711 Butternut Ave St. Paul Mn 55102
Agent Address:
Owner Phone 612-309-9885 Agent Phone:
Owner Emait!jaystow27@hotmail.corn Agent Email -
Rental License: New 11 Renewal: Current)
*Pending
(Nix months
License Expiration Date: 4464'wni3er2(133' ic (1 l
Type IV License Exp. Date: may-20-14- qi L t,from current licenseexpiration)
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 measurr.s 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 Dociiments
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.1 vi II 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum1 VI I 3. Submit written report by l0' of each month (after license approval).
Section -C— Crime Free lionsing Prograin Requirements
Pha§e I
V 1 1. Use written lease including Crime Free Housing Lease Addendum.I V I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if
requested.
3 Pursue the eviction of tenants who violate the terms of the lease or any addendnms.
Page 1 Type IV Mitigation Plan Rev 11-16-11
IPhase Ill
I will attend a minimum of 50% of the ARM meetings (two).
I will attend the ARM meetings scheduled for: 0110912014
1 I will have no repeat code violations previously documented within the past year.
E,71 4. Attend City approved eight hour Crime Free Housing course.
Date Course Completed: or Date Course Scheduled: 01-15 and 01-22
Phase II
Complete Security Assessment and implement all security improvements recommended by the
Brooklyn Center Polj.e Department.t 4 Ittee tOAPA
Date Scheduled: Week'endbagEi2a15M.2 1 Improvements to be completed by: 1---Za241:3— 31)
v
Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes No
(*See Section A) If no, 3 ,ou will only be able to qualify for a Type IV Rental License upon renewal.
For properties with four or wore units:
I will conduct resident training annually that includes crime prevention techniques.
I will hold regular resident meetings.
& 03/13/2014
Section D —Long Term Capital Improvements Plan
Based on condition and age, estimated replacement dates are provided for common capital items. Funding
should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated
re laccment date will re uire earlier corrections.. .
Date Last Replaced Estimated
Replacement Date
Furnace/AC-2000's 2020
Water Heater-2010 2030
Kitchen Appliances- stove, fridge, dishwasher 2008,2013,2013 2030
Laundry Appliances- washer, dryer 2011, 1995 2030
Exterior
-Paint/Siding, fascia, trim stucco and brik n/a nla
-Windows 2000's 2030
-Roof 2008 2030
-Fence 2000's 2030
-Shed nla n/a
-Garage n/a nia
-Driveway ilia Elia
-Sidewalks n/a rila
Smoke Alarms & Carbon Monoxide Alarms 2013 2020
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.
By checking the boxes below, you agree to:
I I. Check in with tenants every 30 days.II
2. Drive by property to check for violations twice a month.
Page 2 Type IV Mitigation Plan Rev 11-16-11
t/
111111
3. Evict tenants in violation of the lease and all addendums.H 4. Provide lawn/snow service.
5.Provide garbage service.
6.Install security system.
7.Provide maintenance service plan for appliances. Name of service co.:
8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other
financial claims due to the City.
9. Other(s):
Please read thoroughly:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved
Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must
submit to the Building and Community Standards Department a written report describing all steps taken to
comply with the Mitigation Plan.
I verify that all information provided above is true and accurate. I understand that if I do not comply with an
approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond
the license expiration date; enforcement actions such as citations, formal complaint or license review may
result.
Owner or Agent Name and Title (Please Print) 0 0-- k 3
Date Owner o Agent Signature
Additional Owner or Agent Name and Title ((f applicable) (Please Print)
Additional Owner or Agent Signature (([applicable)
Date
For Cit> Ifs::!--Ntitigation Plan Appro‘cd Hy:
q1Z'
olice Department / Title
124 I '2--1 (3
ildi mmun y Standards Department I Title Date
Page 3 Type IV Mitigation Plan Rev 11-16-11
City Council Agenda item No. ' Oil
COUNCIL ITEM MEMORANDUM
DATE: January 27, 2014
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk 4614/M
SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Dupont Ave N
Recommendation:
It is recommended that the City Council consider approval of the Mitigation Plan, Resolution
and issuance of a Type IV 6-Month Provisional Rental License for 5301 Dupont Ave N. The
applicant or representative has an opportunity to present evidence regarding the submitted
Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is
recommended that the motion be to direct staff to prepare proposed findings for disapproval of
the Mitigation Plan and notify the license applicant of any pending license actions to be taken at
a subsequent Council Meeting.
Background:
This owner is applying for a renewal rental license. The property qualifies for a Type IV Rental
License based on the number of property code violations (18 or 3/unit) that prescribes a Type III
Rental License combined with validated police nuisance incidents (4 or 0.67/unit) decreasing the
license category by one.
The property owner received a Type IV Rental License on April 8, 2013 on condition of
adherence to the Mitigation Plan and City Ordinances. While the owner met the other conditions
of the mitigation plan, the number of property code violations combined with validated police
nuisance incidents prescribes a Type IV Rental License. Therefore according to City
Ordinances, the license renewal category remains a Type IV.
City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete
Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an
owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers
Association Meetings.
Staff is recommending approval of the continued Type IV Rental License in lieu of denial,
revocation or suspension because the owner is working with staff and the neighbors to meet the
license requirements and the property is currently in compliance with the ordinance.
The following is a brief history of the license process actions.
Current rental license approval activities:
07-29-2013 The owner, Braj Prakash Agrawal, applied for renewal of the rental dwelling
license for 5301 Dupont Ave N, a one building, 6-unit building.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
08-26-2013
10-07-2013
10-27-2013
10-31-2013
11-08-2013
11-15-2013
11-15-2013
11-20-2013
12-10-2013
01-17-2014
01-17-2014
Prior Type IV
07-25-2012
08-16-2012
09-20-2012
12-13 -20 12
01-14-2013
01-14-2013
01-25-2013
02-01-2013
02-20-2013
03-01-2013
03-19-2013
03-19-2013
03-19-2013
03-29-2013
COUNCIL ITEM MEMORANDUM
An initial rental inspection was conducted. 18 (3/unit) property code violations
were cited, see attached rental criteria.
A second inspection was conducted and failed.
$400 in reinspection fees were charged to the property.
The previous Type IV license expired.
The $400 reinspection fees were paid.
A reinspection was conducted and passed.
City records indicate four (0.67/unit) validated police incident/nuisance calls
occurred in the past twelve months. Incidents were disturbing the peace on 03-
19-2013, burglary on 03-20-13 and 03-25-13 and theft on 08-30-13.
A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
A Mitigation Plan was submitted.
The Mitigation Plan was finalized.
A letter was sent to the owner notifying that the hearing before the Council will
be held January 27, 2014.
Rental License approval activities:
The Owner, Braj Prakash Agrawal, applied for an initial rental dwelling license
for 5301 Dupont Ave N, a one building, six unit multi-family residential property.
An initial rental inspection was conducted. 24 (4/unit) property code violations
were cited, see attached rental criteria.
A follow up rental inspection was scheduled. No one was on site to meet the
inspector.
A follow up rental inspection was conducted and failed.
A follow up rental inspection was scheduled. No one was on site to meet the
inspector.
$100 in reinspection fees were assessed to the property.
A follow up rental inspection was conducted and passed.
A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month
Provisional Rental License, including additional requirements to obtain a rental
license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime
Free Housing Program, etc.
A second letter was sent to the owner(s) notifying of qualification for Type IV 6-
Month Provisional Rental License, including additional requirements to obtain a
rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of
Crime Free Housing Program, etc.
A $125 Administrative Citation was issued for failure to submit a mitigation plan.
A Mitigation Plan was submitted.
The Mitigation Plan was finalized.
The $125 Administrative Citation was dismissed.
A letter was sent to the owner notifying that the hearing before the Council will
be held April 8, 2013.
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
If approved, after six months, a new rental license is required. The license process will begin in
approximately four months. The new license will be based on the property code violations found
during the initial renewal license inspection and the number of validated police calls for services
for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan
must also be met.
Excerpt from Chapter 12 of City Code of Ordinances:
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1.Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2.The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3.Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12-901 and 12-911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4.Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
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 Oil 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:
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.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Type I — 3 Year
Number of Units Property Code Violations per
Inspected Unit
0-1
0-0.75
Greater than 1 but not more than 4
Greater than 0.75 but not more than 1:5
Greater than 4 but not more than 8
Greater than 1.5 but not more than 3
Greater than 8
Greater than 3
1-2 units
3+ units •
1-2 units
3+ units
b. Police Service Calls.
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
Number of Units
1-2
3-4 units
5 or more units
1-2
3-4 units
11111111111112017 Decrease 2
Categories
5 or more units
1-2
3-4 units
Greater than 0.35 but not more than 0.50
Greater than 3
Greater than 1
5 or more units
VICII=1111k
Greater than 0.50
0-1
0-0.25
0-0.35
Greater than 1 but not more than 3
Greater than 0 25 but not more than 1
License
Category
No Category
Impact
Decrease 1
Category
COUNCIL ITEM MEMORANDUM
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 ailpeople and preserves the public trust
COUNCIL ITEM MEMORANDUM
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic Priorities:
Vibrant Neighborhoods
Attachment
- Copy of Mitigation Plan Approved as Part of the April 8, 2013 Type IV Rental License
Approval
- Resolution Approving a Type IV Rental License for 5301 Dupont Ave N
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5301
DUPONT AVENUE N
WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for
licensed rental properties; and
WHEREAS, the property located at 5301 Dupont Avenue N was issued a Type IV
Rental License on April 8, 2013; and
WHEREAS, the property qualifies for a Type IV Rental License based on the
number of property code violations (18 or 3/unit) that prescribes a Type III Rental License
combined with validated police nuisance incidents (4 or 0.67/unit) decreasing the license
category by one.
WHEREAS, City Ordinance Section 12-901.2 requires a property owner who
receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing
Program; and
WHEREAS, City Ordinance Section 12-901.2 requires a property owner who
receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing
Program; and
WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an
owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program,
including attendance at a minimum of 50 percent of Owners/Managers Association Meetings,
complete Crime Prevention Through Environmental Design Requirements and City Ordinance
Section 12-913 requires submittal of monthly updates; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property
at 5301 Dupont Avenue N, Brooklyn Center, MN.
January 27, 2014
Date Mayor
ATTEST:
City Clerk
RESOLUTION NO.
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.
qMf,,,zotS4tri.2,%*L Ore
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nse ,Bx iDd Wrsisll,o,fhy O
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'1 01246.5;'All PPEde"
01i6'004.*6 16 '2 6f15q
, Re0 ts 1.:AcenseI
•
IMINEWINN
Submit the following documents with the Mitigation Plan for approval:
1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include
scheduled date in Section C.
2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum
3. Submit written report by 10 6 of each month (after license approval).
"M,Bnit 14-ra e s ir -4, rain-
... 4
I. Use written lease including Crime Free Housing Lease Addendum,
2, Conduct criminal background cheek for all prospective tenants. Provide documentation to City if
requested.
3 Pursue the eviction of tenants who violate the terms of the lease or any addendums.
Hi]v I
I v I
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.cityalbrooklyncenter.org
;
Rental License Mitigation Plan--Type IV Rental License
Handwritten plans will not be accepted. Please type or use fillabk form on city website.
Based on property conditions and/or validated police nuisance incidents, the above referenced property
qualifies for a Type IV Rental License, Before your license application can be considered by the City Council,
a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be
submitted immediately to ensure timely completion of the license application process. The Mitigation Plan
should indicate the steps being taken to correct identified violations and the measures that will be taken to
ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an
opportunity to review property concerns and identify possible solutions to improve the overall conditions and
management of the property.
NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance
and Mitigation Plan requirements within this l'pending license period and avoid legal actions.
Page 1 Type IV Mitigation Plan Rev 11-16-11
1 v i 4. Attend City approved eight hour Crime Free Housing course,
Date Course Scheduled:180Date Course Completed: or
Phase I
improvements recommended by the
to be complete by: Com ted
Complete Security Assessment and implement all security
Brooklyn Center Police Department.
Date Scheduled: November 5th, 2013 "". oit,
Improvements
Phase III i
(two).
001, 2014 & March 13, 20141 V II will attend a minimum of 50% of the ARM meetings
I will attend the ARM meetings scheduled for: January
Do these two Meeting dates occur before the *Pending
(*See Section A) If no, you will only be able to qualify
Type IV License expiration
for a Type IV Rental
within the past year.
crime prevention techniques.
date? M Yes 0 No
License upon renewal.
V 1 I will have no repeat code violations previously documented
For properties with four or wore units:
I v I will conduct resident training annually that includes
( V I will hold regular resident meetings.
CNID 0 V.T 7 ' 111 It arifirSiWiWiti 1
,,, . :7 . —.4:
Based on condition and age, estimated replacement dates are provided for common capital
should be considered accordingly. However, items broken, worn or otherwise in violaron
replacement date will require earlier corrections.
L q,") 7p1,7',1` ,
items. Funding
prior to the estimated
Date Last Replaced Estimated
Re • lacement Date
Furnace/AC-1962_2025
Water Heater - .2008 2020
Kitchen Appliances -2005-2013 2015-2023
Laundry Appliances-2005 2020
Exterior
-Paint/Siding, fascia, trim 1962 2020
-Windows 1962 2025
-Roof 2000 2020
-Fence NA NA
-Shed NA NA
-Garage
-Driveway 2000 2025
-Sidewalks 1990 2025
Smoke Alarms & Carbon Monoxide Alarms 2011 -2013 2015-2017
Other (s)
1$1' :0 1i It iifi' 'golf
Implementing the following best practices may assist in the
lilyillIcking the boxes below, you agree to:
I. Check in with tenants every 30 days.
ituggffeko'
management of your property.
month.
*
I V I 2, Drive by property to check for violations twice a
Page 2 Type IV Mitigation Plan Rev 11-16-11
December 2nd, 2013
Date
—Additional Owner or ASUIT MI= and ntle cable) (Pirair Pr di)
nateAdJiticiOtt--Stt Oi Agent 8mime (froppfio7a-9
Page 3 Type IV Mitigation Plan Rev 11-16-11
Owner Or itgrat INA111C and tIc (Ileum Prietl)
For City t iot.sitou Pint 1pm-0 Uy:
fry l44 Orpartsruest I Title Date
o kportruent F Tri c
Evict knurls Lit violation of the le-wand all nrIciondurg
4 Provide taw:tit:now cervi
Provide rAtbage tervice:,
InsraII security t.ystrin
Novi& mairdenance krvics plait for appliances. Name of litIVICO CO.:
am ru:(I will remain ell MAI on payment of utility fees, taxes, Iva sments„ finest, ()Attica and other
financial clairna doe to the City.
9, Othet(s):
Marc read thoroughly:
If the Type IV ituatul Ileensn is opp:nved by the City Courv..:11, the 1.1ce.nsec most cvmply with the approved
Mitigation Plan and nil applicable oily codes. No tutor than the le of eneh calendar month, tho licen3ce :non,
submit fa the Building And Coromi.mi(y Standxrcls Department (a mitten repcni describing all 'Ups taken to
comply with the 11(itlgalion Plan.
I 'verify that all information provided above is five rind accurate. 1 tuideostand that Itt do not comply voith
aPittowd Mitigation Plan, mnply with 011 applicable ordinare..es within the license period, or operate hyoid
the Hemp: expiration dote; enforcement actions such as citations, formal complaint or license review may
result,
Trevor Throntveit, Manager
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
January 27, 2014
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
PENDING LIST FOR FUTURE WORK SESSIONS
Later/Ongoing
1.BC University
2.Inclusion and Diversity Follow Up — Community Engagement Strategies
3.Consideration of Modifying Setback Requirements for Front Porches
4.Citywide Environmental and Sustainability Efforts Update
5.Sister City Voinjama Visit Update
6.E-Cigarette Report
Parking Lot Issues
1. Joint Meeting with Charter Commission