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HomeMy WebLinkAbout2014 03-10 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION March 10, 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 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 10, 2014 AGENDA 1.Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.February 20, 2014— Special Session 2.February 24, 2014 — Study Session 3.February 24, 2014 — Regular Session 4.February 24, 2014 — Work Session 5 March 3, 2014 — Special Session b. Licenses c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements d. Resolution Accepting Bid and Authorizing Award of Contract, Improvement No. 2014-07, Contract 14-D, 2014 Street Seal Coating CITY COUNCIL AGENDA -2- March 10, 2014 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a. Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs This item was first read on February 10, 2014; published in the official newspaper on February 20, 2014; and is offered this evening for Public Hearing. 1. Resolution Certifying Special Assessments for Diseased Tree Removal Cost to Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for The Pines of Brooklyn Center Apartments, 6511-6521 Humboldt Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11.Council Report 12.Adjournment 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 SPECIAL MEETING FEBRUARY 20, 2014 CITY HALL 1.CALL TO ORDER The Brooklyn Center City Council met at a special meeting for the purpose of conducting the evaluation of the City Manager. The meeting was called to order by Mayor Tim Willson at 6:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present was City Attorney Charlie LeFevere. Motion by Dan Ryan, seconded by Lin Myszkowski to close the meeting as authorized by Minnesota Statutes, Section 13D.05, Subdivision 3, for evaluation of the City Manager. All voted in favor. Motion passed. 3.EVALUATION OF CITY MANAGER The City Council evaluated the performance of City Manager Curt Boganey. 4.ADJOURNMENT Motion by Dan Ryan, seconded by Lin Myszkowski to adjourn the meeting and continue the evaluation to a special meeting at 6:00 p.m. on Monday, March 3, 2014. All voted in favor. Motion passed. The special meeting was adjourned at 6:56 p.m. 02/20/14 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 24, 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, Director of Business and Development Gary Bite!, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6c, Annual Report on Franchise Fees, in particular, how franchise fees are determined and whether the City has the legal authority to negotiate directly with the two utility companies to increase the franchise fees. He asked if that option could be considered by the Financial Commission. City Manager Curt Boganey explained the City has two franchise agreements, each with a different length of time. The CenterPoint Energy contract is currently under negotiation but the Xcel Energy franchise agreement goes for another ten years. He explained those agreements were originally negotiated with intertwined rates so it would present some difficulty to uncouple those two agreements for the length of the remaining contract term. Councilmember Ryan thanked Mr. Boganey for that explanation, noting franchise fees are passed through from the utility company to the City so, in a way, it is a type of tax. He stated it would be helpful if the City was able to make an adjustment so it is able to continue funding capital improvement projects into the future. City Administrator Curt Boganey stated staff will present additional background information and address the City's latitude relating to renegotiation when it presents the new CenterPoint agreement. Councilmember Kleven requested the following correction to the Study Session minutes of February 10, 2014: 02/24/14 -1- DRAFT Page 1, fifth paragraph: "packet contains Park and Recreation Commission minutes with the some same typographical errors." Councilmember Lawrence-Anderson requested the following correction to the Regular Session minutes of February 10, 2014: Page 4, sixth paragraph: Staff to add full address for Sheku Samba. It was the majority consensus of the City Council to accept the correction to the February 10, 2014, Study Session and Regular Session minutes. Councilmember Myszkowski asked how many out of State owners have rental licenses in Brooklyn Center. Mr. Boganey indicated staff would provide that information. Mr. Boganey noted the City Council had been provided with a revised resolution for Item 6d, Resolution Approving Projected Use of Funds for 2014 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements, to include $3,500 for Avenues for Homeless Youth. MISCELLANEOUS Youth in City Government Councilmember Kleven stated Youth in City Government will be on March 24, 2014, and the application deadline is February 28, 2014. She asked whether any applications have been received. Mr. Boganey stated he will provide that information in the weekly update. E-Cigarettes Councilmember Myszkowski informed the City Council about a New York Times article on e- cigarettes that encompassed the discussion that had taken place in Brooklyn Center. Mayor Willson stated Mr. Boganey had provided the City Council with an article relating to the impact of third-hand smoke. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSSION REGARDING A LETTER OF INTENT AND EXCLUSIVE NEGOTIATING AGREEMENT WITH RIDGECREST INVESTORS, LLC FOR THE COMMERCIAL DEVELOPMENT OF LOT 1, BLOCK 1, NORTHBROOK CENTER 2ND ADDITION (TOLD DEVELOPMENT — 57 TH AND LOGAN) Director of Business and Development Gary Eitel reviewed that in 2013 staff met with Jeff Budish of CBRE and Trent Mayberry of Told Development to discuss the potential interest of 02/24/14 -2- DRAFT Told Development in the acquisition of the Brookdale Square site and partnering with the EDA on a mixed use residential and commercial development, similar to their Excelsior and Grand projects in St. Louis Park. Mr. Eitel explained at that time, Told Development expressed reservation with taking on an additional residential project but were very interested in pursuing the potential commercial development of the 57" and Logan Avenue site as there were similarities with this eight acre site to The Shops of Wedgewood that they were completing in the City of Maple Grove (northwest quadrant of 1-494 and Bass Lake Road). Mr. Eitel displayed a slide of the subject site and described the location of Lot 1, Block 1 that is under discussion. Mr. Eitel stated their interest had been spearheaded because a national user was looking at Brooklyn Center; however, the name of that company was confidential at that time. He stated Told Development was provided with a copy of the City's Development Guidelines and a draft Letter of Intent using standard commercial language. That Letter of Intent has been reviewed by City Attorney LeFevere. Mr. Eitel explained that as the Letter of Intent evolved, the confidentiality of the national user went away so Told Development was more comfortable with pursuing a Development Agreement. Mr. Eitel displayed a slide of the 8.5-acre PUD project and described the types of uses that it would include a Hilton Garden Inn, two multi-tenant commercial buildings, Fairview Clinic, and a CVS Pharmacy. Mr. Eitel also displayed graphics of the Shops at Wedgwood located in the City of Maple Grove, noting it is an attractive design including exterior brick treatments. Mayor Willson asked about the electrical line easement and if the utility company supported construction of an access road. Mr. Eitel described the location of that Xcel Energy transmission line, noting it is an overhead line so Xcel Energy does do not object. Mr. Eitel presented the terms of the Letter of Intent and Exclusive Negotiating Agreement. There was discussion on the position of the MPCA. Mr. Boganey stated staff is confident there are no environmental issues with this particular property that would preclude its development. He stated when this property was subdivided, staff assured the lower portion had no indication of contamination on that site. Mr. Boganey stated that documentation will be provided to the developer. Mr. Eitel asked the City Council whether it found the conceptual development plan, as submitted by Told Development, to be consistent with its development vision for this site. He asked the City Council to provide direction regarding proceeding with a Letter of Intent and Exclusive Negotiating Agreement with Ridgecrest Investors, LLC for the commercial development of Lot 1, Block 1, Northbrook Center 2 nd Addition (Told Development — 57 th and Logan). Mayor Willson stated he has no problem with the proposed user for the 16,000 sq. ft. pad. He asked about users for the other pads and whether there is a finite time to fill those pads. He explained the Development Agreement would be broken down into phases with the anchor tenant within Phase One as it will drive this development. 02/24/14 -3- DRAFT Mayor Willson noted that control is lost if the property is sold outright and asked how the EDA can assure the project proceeds. IvIr. Boganey stated that should be addressed in the Development Agreement, noting it may be a subject of contention/negotiation but the EDA has final control as it can decide whether or not to sell the property. He explained the need to balance the interests of the City (the property being back on the tax rolls, development commencing) against the City's desire to assure the property becomes fully developed over a period of time. Mayor Willson stated this is a concern of the City Council and asked staff to assure it is addressed. He asked if there is an opportunity for recourse should only the anchor be constructed. He also asked if that should occur, could the land then revert back to the EDA. Mr. Boganey stated that point would have to be negotiated with the developer. Mayor Willson noted that Embassy Suites was required to return a second parcel when it failed to construct the walkway. He suggested consideration of a similar restriction with Told Development. Councilmember Ryan agreed that the City needs to negotiate a desirable position so there are conditions/guarantees the developer will pursue the rest of the site. Mr. Eitel noted the developer makes money by constructing buildings and it is thought the anchor tenant will drive this project. He stated staff will assure, through the Development Agreement, that the City's interests are protected. Councilmember Ryan stated he is also concerned with the properties on the other side of Logan Avenue (side bungalows). Mr. Eitel stated that will be addressed by orienting the center building towards the center of the project. In addition, there will be sufficient boulevard area. Discussion of this item continued and reached conclusion at the February 24, 2014 Work Session. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. -4- DRAFT02/24/14 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 FEBRUARY 24, 2014 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Kathie Amdahl and Judy Thorbus, representing the Housing Commission, provided an update on its activities including the delivery of 269 welcome packages in 2013. Ms. Amdahl thanked sponsors, staff, and Councilmember Kleven who helped deliver welcome packets. She stated the swim pass and discounted golf coupon were well received; however, a few residents did not know of the City's swimming pool so there should be a better effort to educate about its location. Ms. Amdahl thanked the Mayor and Council for its support, noting this project has become larger so the Housing Commission will consider whether there is a better method of distribution 'as it is currently taking two to three evenings per month. Mayor Willson thanked Ms. Amdahl and Ms. Thorbus for the update and services provided to the City's residents. Ludmila Bryskina, 5601 Indiana Avenue N., described her experience to obtain a building permit to construct an addition to connect her garage and house. She questioned why the Building Official is requiring a structural engineer's stamp when the City's Code says it "may be required in special situations." She now has a solar panel project and is again experiencing problems in obtaining a building permit. Darryl Thayer, 411 Meeker Avenue, Watkins, Minnesota, reviewed his experience with solar panel projects and explained how the load capacity is calculated. He described the City's requirements for Ms. Bryskina's solar panel project, noting it exceeds the requirements contained -1- DRAFT02/24/14 in the booklet just issued by the State of Minnesota that includes Standard Load Tables for solar panel projects for residential structures in Minnesota. City Manager Boganey suggested Ms. Bryskina schedule a meeting with him or Assistant City Manager/Director of Building and Community Standards Schleuning so the specific details can be reviewed and determined whether a resolution can be found. If not, staff will bring the matter before to the City Council. Mayor Willson closed the Informal Open Forum at 7:00 p.m. 2.INVOCATION Councilmember Myszkowski read a quote from Marian Wright Edelman, president and founder of the Children's Fund, as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes and Regular Session minutes of February 10, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 10, 2014 — Study Session 2.February 10, 2014 — Regular Session 3. February 10, 2014— Work Session 6b. LICENSES MECHANICAL 02/24/14 -2- DRAFT Dependable Heating and Cooling K & K Mechanical Heating & Cooling MAG Mechanical Metro Air, Inc. Select Mechanical Services, Inc. RENTAL INITIAL (TYPE III— one-year license) 3807 61 st Avenue N. INITIAL (TYPE — two-year license) 5327 Queen Avenue N. 3200 63" Avenue N. 1421 63 rd Lane N. 1336 68 th Lane N. 3808 France Place 6353 Halifax Drive 4207 Lakeside Avenue N. #327 RENEWAL (TYPE III— one-year license) 4500-4590 58 th Avenue N. Twin Lake North Apartments Passed w/ Weather Deferral 7111 Riverdale Road 5119 66 th Avenue N. 7030 Regent Avenue N. RENEWAL (TYPE II— two-year license) 3813 61 st Avenue N. 419 67 th Avenue N. 3834 Oak Street 6925 Regent Avenue N. Passed w/Weather Deferral RENEWAL (TYPE I— three-year license) 3713 47 th Avenue N. — Ryan Creek Manor Passed w/ Weather Deferral 3815 Burquest Lane 4701 Eleanor Lane 5344 Twin Lake Boulevard E. 2619 Coon Rapids Blvd. NW, Coon Rapids 8751 Palmgreen Avenue NE, Otsego 7100 Medicine Lake Road, Minneapolis 16980 Welcome Avenue SE, Prior Lake 6219 Cambridge Street, St. Louis Park Invitation Homes Alvin Stachowski Adedamola Ogundipe Gary Fraser Soye Chalte Invitation Homes Charles Anderson Rachel Petz TLN LA NEL Allan and Vicki Olson Beverly Dahl — Missing Phases I & II Douglas Wahl Dhaneshwarie Himraj John Stalock Prosperous Property LLC Paul Cameron Drew Kabanuk Nicole Cornell Charles Bright Takasi Sibuya 6c.ANNUAL REPORT ON FRANCHISE FEES 6d.RESOLUTION NO. 2014-30 APPROVING PROJECTED USE OF FUNDS FOR 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING 02/24/14 -3- DRAFT SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENT Motion passed unanimously. 7. PRESENTATIONS/PRO CLAMATI ONS/REC 0 GNITIONS/D °NATIONS 7a. TWINWEST CHAMBER OF COMMERCE Deb McMillan, Director of Government Affairs for TwinWest Chamber of Commerce, provided a presentation relating to their initiatives, 2014 State and local priorities, legislative platform, and Foundation scholarship programs. Ms. McMillan concluded her presentation by naming their staff and describing opportunities to interact with the Chamber via social media. Councilmember Ryan referenced the Chamber's legislative platform relating to an increase to minimum wage. He referenced a Washington Post article indicating that should it be raised to $8 per hour, many households with a family of four could then achieve an income that is only two- thirds of the federally identified poverty level. Councilmember Ryan stated the minimum wage has been increased most infrequently so he supports its consideration by business people, noting those employees also patronize businesses. Ms. McMillan stated it does impact the real costs for businesses and with hospitality businesses, they are then looking at how it impacts efficiencies and other staffing. She stated it is naive to believe there will be no impact if the minimum wage is increased, but many business owners have great loyalty to their staff and are wiling to find a way to make it work. She clarified that "minimum wage" was never intended to be a "living wage," but rather a "starting wage." Councilmember Ryan referenced the Chamber's position on object based coding for local governments and urged the Chamber to look at the League of Minnesota Cities' position on that matter. Mr. McMillan stated they are looking at things that can be done without burdening cities in a way that is not sustainable while still providing transparency and additional information for taxpayers to understand how their dollars are being spent. Mayor Willson stated one of their transportation initiatives is to assure the completion of Highway 610; however, he thinks that has already been assured. Ms. McMillan stated she thinks there is money in the queue to complete Highway 610 and they want to assure it is not diverted elsewhere. Councilmember Myszkowski asked for more information on the Chamber's Early Childhood initiative at Meadowbrook, noting Brooklyn Center has similar housing areas. Ms. McMillan stated she will forward the Chamber's Year 1 Report to Mr. Boganey so it can be distributed to the City Council. She explained their findings on the great benefit of early childhood education and stated they use a licensed teacher for several hours a day. The City Council thanked Ms. McMillan for the informative update. 02/24/14 -4- DRAFT 8.PUBLIC HEARINGS - None. 9.PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS City Manager Curt Boganey introduced the item and explained the City Code provides the owner of a dog that has been declared dangerous or potentially dangerous to contest the declaration and request a hearing before the Animal Control Review Panel. It also provides that 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 Panel review the designation. He explained that the City Code does not currently require a hearing fee for appeals by owners of declared dogs. In 2013, the City paid $3,783.83 in appeal hearing fees for seven appeal hearing requests. The City Attorney fees include services for review of the case, notification to owners, hearing attendance, consultation with dog owners or their representatives/legal counsel, findings of fact letters following the hearing, and other information exchanges relating to the appeal hearings. Mr. Boganey stated in an effort to recover some of the City's costs of the hearings, staff drafted an ordinance that would establish a hearing fee for a contested notice of intent at $250 and a hearing fee for designation review at $100. He noted that should the appeal be overturned, the fee would be returned to the party. Mr. Boganey stated it is recommended that the City Council consider approving first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs and setting second reading and Public Hearing for March 24, 2014. Mayor Willson stated support for raising fees to at least partially meet the City's costs. He noted there are additional soft costs as he is in attendance as well as a police officer, Code Enforcement, and others. Mayor Willson stated he does not think the $100 six-month review fee should be returned to the party as it covers the cost for the process to involve City staff, the attorney, and Review Panel. City Attorney LeFevere stated the fee is returned in the first instance because staff made a mistake or there is not sufficient evidence. But, if the dog is trained and no longer dangerous, the cost for a review is to change that designation so it makes sense to not return that $100 fee. He suggested revising the ordinance to remove the second new sentence. The City Council agreed with this suggestion. 02/24/14 -5- DRAFT Councilmember Ryan stated his support for staffs recommendation with the revision suggested by Mayor Willson. Mayor Willson stated if this is enabled, people will think twice before appealing because there would be dollars associated with that review. He noted it may result in lowering the number of contested hearings so the fee may actually cover the City's costs in subsequent years. Councilmember Myszkowski stated her support for the ordinance, as amended, and felt that once the community is aware of this ordinance, it may compel dog owners to assure their dogs are well trained and good dog citizens. Mr. Boganey stated the action before the City Council is to consider the ordinance and if adopted, the ordinance establishing the fees will be presented at the March 24, 2014, meeting. The consensus of the City Council was to revise Section 1-260 to remove this sentence: "In the event that the declaration is overturned, the hearing fee will be returned to the owner." Mayor Willson moved and Councilmember Myszkowski seconded to approve First Reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs, as amended, and set Second Reading and Public Hearing for March 24, 2014. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5843 HALIFAX AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5843 Halifax Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5412 PENN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the 02/24/14 -6- DRAFT issuance of a Type IV six-month provisional rental license and mitigation plan for 5412 Penn Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. II. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: O February 11, 2014, Brooklyn Center Crime Prevention Association Meeting •February 13, 2014, Toured ITT Technical Institute O February 19, 2014, Briefing on health effects of e-cigarettes •February 20, 2014, Annual City Manager's Performance Review •February 20, 2014, Non-partisan Coalition •February 25, 2014, meeting with Brooklyn Center Crime Prevention members •February 27 and 28, 2014, League of Minnesota Cities Conference Councilrnember Kleven reported on her attendance at the following and provided information on the following upcoming events: •February 11, 2014, Brooklyn Center Women's Club •February 11, 2014, Brooklyn Center Crime Prevention Association Meeting •February 18, 2014, Meeting on Immigration Reform •February 19, 2014, Crime Prevention Association Meeting •February 20, 2014, Briefing on health effects of e-cigarettes •February 27, 2014, Brooklyn Center Business Association Luncheon Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •February 16, 2014, Taped an Interview with Delegates who went to Liberia •February 18, 2014, Earle Brown Days Committee Meeting •February 18, 2014, Meeting on Immigration Reform •February 18, 2014, Parks & Recreation Commission Meeting •February 19, 2014, Welcomed the Housing Commission and Councilmember Lawrence- Anderson for a tour of CEAP •February 20, 2014, Annual City Manager's Performance Review Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •February 18, 2014, Earle Brown Days Committee Meeting •February 19, 2014, Housing Commission Meeting and tour of CEAP •February 20, 2014, Annual City Manager's Performance Review •February 22, 2014, Odyssey Strategic Planning Meeting •February 27, 2014, Brooklyn Center Business Association Luncheon -7- DRAFT02/24/14 Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •February 12, 2014, Cable 12 Mayor's Minute •February 12, 2014, Interview with a Sun Post reporter on his visit to Liberia o February 16, 2014, Gospel Ministries Show at Cross of Glory •February 18, 2014, Meeting on Immigration Reform •February 27, 2014, Earle Brown will host Brooklyn's Youth After School Summit •March 3, 2014, Evergreen Park Elementary School for Read Across America Program •March 3, 2014, Continuation of the City Manager's Performance Review held in Executive Session •March 4, 2014, Dangerous Dog Hearing •March 12, 2014, Tour of the Andover Water Treatment Plant 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:55 p.m. Motion passed unanimously. -8- DRAFT02/24/14 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 FEBRUARY 24, 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 8:02 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, Director of Business and Development Gary Eitel, Director of Community Activities, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. DISCUSSION REGARDING A LETTER OF INTENT AND EXCLUSIVE NEGOTIATING AGREEMENT WITH R1DGECREST INVESTORS, LLC FOR THE COMMERCIAL DEVELOPMENT OF LOT 1, BLOCK 1, NORTHBROOK CENTER 2 ND ADDITION (TOLD DEVELOPMENT — 57 TH AND LOGAN) - continued Mayor/President Willson stated his support for the conceptual development plan as submitted by Told Development. Councilmember/Commissioner Myszkowski agreed and stated she finds it to be consistent with the EDA's development goals. Councilmember/Commissioner Lawrence-Anderson stated support for the development plan but expressed concern relating to the user of Lot 2 (grocery, gas station, retail) because there is a gas station across the street. Mayor/President Willson agreed that is an issue with some redevelopments but if the City is going to allow the marketplace and redevelop underutilized properties, it has to consider uses that developers recommend. He noted the City cannot hold up redevelopment of property based on there being a gas station across the street. City Manager Boganey stated if the developer is not able to secure the major tenant, the project will probably not move forward. He stated the developer will probably look at what has worked in other developments. -1- DRAFT02/24/14 Councilmember/Commissioner Kleven stated in the past this was a busy spot and the neighborhood had welcomed the pharmacy and small restaurant (Chuck Wagon). She stated support for the proposed development plan. Councilmember/Commissioner Ryan stated he found the conceptual development plan to be consistent with the City Council's/EDA's vision and supported staff proceeding with a Letter of Intent. The consensus of the City Council/EDA was to find that the conceptual development plan, as submitted by Told Development, is consistent with its development vision for this site and to direct staff to proceed with a Letter of Intent and Exclusive Negotiating Agreement with Ridgecrest Investors, LLC for the commercial development of Lot 1, Block 1, Northbrook Center 2 nd Addition (Told Development — 57 th and Logan). ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 8:07 p.m. Motion passed unanimously. 02/24/14 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL MEETING MARCH 3, 2014 CITY HALL 1.CALL TO ORDER The Brooklyn Center City Council met at a special meeting for the purpose of conducting the evaluation of the City Manager. The meeting was called to order by Mayor Tim Willson at 6:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. 3.EVALUATION OF CITY MANAGER The City Council continued the evaluation of the performance of City Manager Curt Boganey. 4.ADJOURNMENT Motion by Lin Myszkowski, seconded by Kris Lawrence-Anderson to adjourn the meeting. All voted in favor. Motion passed. The special meeting was adjourned at 6:32 p.m. 03/03/14 -1- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: March 4, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cler),i e s. SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 10, 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. MECHANCIAL 3-D Heating & A/C Air Conditioning Associates American Air Supply B & D Plumbing, Htg & A/C Centraire Htg & A/C, Inc. Corporate Mechanical Crosstown Mechanical DJ's Heating & Air Cond. Follmer Heating and Air, Inc. Golden Valley Heating Hoffman Refrigeration & Heating Home Energy Center Horwitz, Inc. J Berd Mechanical Knott Mechanical, Inc. McAlister Mechanical Minnesota Heating and A/C Northern Heataing & A/C, Inc. Riccar Heating & A/C Ron's Mechanical Sabre Heating & A/C Schadegg Mechanical, Inc. Solid Refrigeration, LLC Standard Heating & A/C Ray Vin Zant Plumbing Wenzel Heating & A/C 206 Jefferson Avenue, Watertown 55 West Ivy Avenue, St. Paul 11257 207 th Avenue NW, Elk River 4145 MacKenzie Court, St. Michael 7402 Washington Avenue S, Eden Prairie 5114 Hillsboro Avenue N, New Hope 3115 Long Lake Road, Roseville 6060 LaBeaux Avenue NE, Albertville 7517 Colfax Avenue N, Brooklyn Park 5182 W Broadway, Crystal 5660 Memorial Avenue N, Stillwater 2415 Annapolis Lane N, Plymouth 4401 Quebec Avenue N, New Hope 3308 Southway Drive, St. Cloud 3051 220 th Street E, Prior Lake 1828 Pierce Street NE, Minneapolis 10701 93 rd Avenue N, Maple Grove 9431 Alpine Drive NW, Ramsey 2387 Station Parkway NW, Andover 12010 Old Brick Road, Shakopee 15535 Medina Road, Plymouth 225 Bridgepoint Drive, So. St. Paul 1125 American Boulevard E, Bloomington 130 Plymouth Avenue N, Minneapolis 593 Hamline Ave N, St. Paul 4145 Old Sibley Memorial Hwy, Eagan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM RENTAL See attached report. SIGN HANGER A Sign & Screen Printing Signart Company Sign Source Topline Advertising 708 Lowry Avenue N, Minneapolis 2170 Dodd Road, Mendota Heights 7660 Quattro Drive, Chanhassen 11775 Justen Circle, Maple Grove Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Greater than Greater than 3 3-4 units 1-2 Property Code and Nuisance Violations Criteria Property Code Violations per Inspected Unit 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 Number of Units 1-2 3-4 units 5 or more units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 0-0.35 License Category No Category Impact 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 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. 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GOv.,M 0I--- cato o_ 2-073< 0.,0s-0_ City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: March 4, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager /4,1k THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project Nos. 20 14- 01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements. Background: On January 13, 2014, City Council conducted a series of two public hearings on the proposed Wangstad Area Street, Storm Drainage and Utility Improvements. At that meeting, City Council ordered the improvements and directed staff to prepare plans and specifications for the project. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the April 28, 2014, City Council meeting. Budget Issues: The total project cost is estimated to be $7,230,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 9, 2013, and presented to the Council at the January 13, 2014, meeting. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2013-78, ordered Improvement Project Nos. 2014-01, 02, 03 and 04 and authorized the preparation of plans and specifications for the Wangstad Area Street, Storm Drainage and Utility Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2014-01, 02, 03 and 04 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. March 10, 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. alimm CITY OF ROOBKLYN CENTER HENNEPIN COUNTY, MINNESOTA I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DRIECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE: DATE: PRINTED NAME: MICHAEL J. ALBERS LIC. NO. 47074 CITY OF BROOKLYN HENNEPIN COUNTY, MINNESOTA PLANS FOR GRADING, BITUMINOUS PAVING, CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER, WATERMAIN AND MISCELLANEOUS CONSTRUCTION GOVERNING SPECIFICATIONS THE 2014 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" AND THE 2014 EDITION OF THE "MATERIALS LAB SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. INDEX SHEET NO. 2 3-4 5 6 7 8 9-11 12-15 16-20 21-22 23 24-31 32-48 49-51 52-69 70-72 73-79 80 81 82-149 2014 WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS SAP 109-102-002 LOCATED ON JUNE AVENUE NORTH FROM 61ST AVENUE NORTH TO 63RD AVENUE NORTH CITY PROJECT NO. 2014-01,-02,-03 & -04 DESCRIPTION TITLE SHEET GENERAL LAYOUT STATEMENT OF ESTIMATED QUANTITIES CONSTRUCTION/SOILS NOTES TABULATIONS SANITARY SEWER TABULATION STORM SEWER TABULATION TYPICAL SECTION CITY OF BROOKLYN CENTER STANDARD PLATES TEMPORARY SEDIMENT CONTROL STORM WATER POLLUTION PREVENTION PLANS STAGING PLAN REMOVAL PLANS STORM SEWER AND STREET CONSTRUCTION PLANS MISCELLANEOUS STORM SEWER PROFILE DRAWINGS SANITARY SEWER AND WATERMAIN PLANS INTERSECTION DETAILS PEDESTRIAN RAMP DETAILS STRIPING PLAN STORAGE YARD PLAN CROSS SECTIONS PROPOSED CURB & GUTTER EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER EXISTING WATERMAIN PROPOSED WATERMAIN EXISTING SANITARY MANHOLE PROPOSED SANITARY MANHOLE EXISTING STORM MANHOLE PROPOSED STORM MANHOLE • EXISTING CATCH BASIN PROPOSED CATCH BASIN • EXISTING HYDRANT PROPOSED HYDRANTHYDRANT EXISTING GATE VALVE 0PROPOSED GATE VALVE EXISTING WATER MANHOLE 0 PROPOSED WATER MANHOLE • EXISTING CURB BOX PROPOSED CURB BOX UTILITY POLE, LIGHT POLE 70Yrf- ELECTRIC MANHOLE BURIED GAS MAIN BURIED GAD MAIN (ABANDONED) ELECTRIC (UNDERGROUND) ELECTRIC (OVERHEAD) CABLE TV (UNDERGROUND) CABLE TV (OVERHEAD) TELEPHONE (UNDERGROUND) TELEPHONE (OVERHEAD) FIBER OPTIC (UNDERGROUND) FIBER OPTIC (OVERHEAD) RIGHT—OF—WAYPROPERTY LINE FENCE DECIDUOUS TREE CONIFEROUS TREE SHRUB YARD LIGHT MAILBOX SIGN PLAN REVISIONS SHEET NO.DATE THIS PLAN CONTAINS 149 SHEETS. 5' VERTICAL PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO DATE: APPROVED: BROOKLYN CENTER CITY ENGINEER DATE: APPROVED:HENNEPIN COUNTY: DIRECTOR, TRANSPORTATION DEPARTMENT & COUNTY ENGINEER R—VALUE 69 ADT (Current Year) 2014 970 ADT (Future Year) 2034 1080 PAVEMENT DESIGN 10 TON FUNCTIONAL CLASSIFICATION COLLECTOR NO. OF TRAFFIC LANES 2 NO. OF PARKING LANES 1 ESALS (20) 125,000 DESIGN SPEED 30 MPH BASED ON SIGHT DISTANCE STOPPING HEIGHT OF EYE/HEIGHT OF OBJECT 3.5/2.0' DESIGN SPEED NOT ACHIEVED AT N/A GROSS LENGTH 1353.68 FEET 0.2564 MILES BRIDGES—LENGTH 0 FEET 0 MILES EXCEPTIONS—LENGTH 0 FEET 0 MILES NET LENGTH 1353.68 FEET 0.2564 MILES LENGTH AND DESCRIPTIONS BASED ON JUNE AVE N DATE: DISTRICT STATE AID ENGINEER: REVIEWED FOR COMPLIANCE WITFI STATE AID RULES/POLICY DATE: STATE AID ENGINEER: APPROVED FOR STATE AID FUNDING -=7 1- a APPROVED BY ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE °MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCD AND PART VI, "FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. SAP 109-102-002THE SUBSURFACE UTIUTY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS QUAUTY LEVEL WAS DETERMINEDACCORDING TO THE GUIDELINES FOR 11-IE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. THE BURIED UllUTY LINE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROXIMATE. CONTRACTOR SHALL CALL 'GOPHER STATE ONE CALL' (651-454-0002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK.SHEET NO 1 OF 149 SHEETS DATE' UC NO 47074 SIGNATURE: PRINTED NAME: MICHAEL J. ALBERS MA AH,BJ,IL MA 3/14 DESIGN BY DRAWN BY CHECKED BY DATE CITY OF .BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA NO. DATE BY REVISION WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS GENERAL LAYOUT Sheet Of 149 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS Of THE STATE OF MINNESOTA CITY PROJECT NOS. 2014-01, 02, 03 & 04 SAP 109-102-002 0 120 240 LEGEND 0 SANITARY SEWER AND WATER MAIN CONSTRUCTION PLAN STORM SEWER AND STREET CONSTRUCTION PLAN REMOVAL PLAN 120 PROPOSED CONSTRUCTION AREA FEETSCALE ••••• GIOT SAP 109-102-002 END CONSTRUCTIONJUNE AVENUE NORTHSTA 114+04.00 !Iii I : ii111 IIli I0.0 I I •i i .??63RD -AVE .s . ; 71- • -1 10 ip id 0 id ip i•I-li - i 11-1.L.C7Iiii lir .; N . III ANtri Wi I ii . . alipmigiwarigimmgr& .,K.4...._••_, .__ " -.I..7.• .. - ..II .. iII I I i !L'A ![ Trgi ,„, ri d I El== City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: March 4, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Accepting Bid and Authorizing Award of Contract, Improvement No. 2014-07, Contract 14-D, 2014 Street Seal Coating Recommendation: It is recommended that the City Council consider approval of the lowest bid and award a contract for the 2014 street seal coating activities. A map depicting the ektent of the proposed work is also attached to this memorandum. Background: Construction bids for the 2014 Street Seal Coating Project were solicited as part of a Joint Powers Agreement (JPA) for street maintenance activities with the cities of Coon Rapids, Andover, Fridley, Ham Lake, Columbia Heights, Mahtomedi and East Bethel. The intent of this joint powers agreement is to provide an opportunity for participating cities to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid in order to promote a more competitive bidding environment. The Joint Powers arrangement appears to be producing highly competitive bids for this work. Construction contract bids were collected and opened by the City of Coon Rapids on February 28, 2014. The bidding results are tabulated as follows: Bidder Brooklyn Center Bid Amount JPA Bid Amount Allied Blacktop $136,377.00 $1,236.842.58 Pearson Bros. $139,117.00 $1,254,520.00 Astech Corp. $152,701.00 $1,398,583.75 Budget Issues: Of the three (3) bids received, the lowest Joint Powers bid was submitted by Allied Blacktop of Maple Grove, Minnesota, in the amount of $1,236,842.58. A total of $142,475 is designated within the 2014 operating budget for street and parking lot seal coating work. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life ,for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2014-07, CONTRACT 14-D, 2014 STREET SEAL COATING WHEREAS, bids for 2014 Street Seal Coating activities were solicited under the Joint Powers Agreement (JPA) for street maintenance activities as authorized by City Council Resolution No. 2006-21; and WHEREAS, pursuant to an advertisement for bids, bids were received, opened, and tabulated by the City of Coon Rapids on the 28 th day of February, 2014, under the JPA. Said bids are as follows: Bidder Brooklyn Center Bid Amount JPA Bid Amount Allied Blacktop $136,377.00 $1,236,842.58 Pearson Bros. $139,117.00 $1,254,520.00 Astech Corp $152,701.00 $1,398,583.75 WHEREAS, the overall lowest responsible bidder in accordance with the Joint Powers Agreement Contract is Allied Blacktop. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Director of Public Works is hereby authorized to order 2014 seal coating activities, pursuant to the Joint Powers Agreement for Street Maintenance Activities, for Improvement Project No. 2014-07, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2.Project costs shall be allocated as follows: Public Works Street Maintenance (43220-6404) $95,464 Municipal State Aid Fund (40200-6404) $40,913 March 10, 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, -Ur following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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INT LC /1Vi C INi, LEE AVEN; 1\11AJOR AVE N 1 MAJOR AVE N 1 ; AVEN J --NOBLE AVE N_T _ ORCHARD AVE NI - PERRY AVE N '_ PERRY AVE N 1_j QUAIL AVE 'N REGENT AVN SCO OLEDO AVE N VERA CRUZ 1341 N A A v eva 3A110_1 I N BAVINVA2,19 )::3) —N-31AVINO1\132E- N OFIIAIIIH- I I,• 1 , V SWIM' I I , V XON11-- - V NYU 01-I Ni ENV NOIM301:Ui I z N —N 3AV SaV\111:10 < 1 p_ Co , 0 (NN- -N 3AV -Xyd 11VH I I N RAV-XV-IIIVH - 1),1 vmvicim Lil - N 3AV ./WIF 0 0 SHERIDANN VE N (.1 a) 0 Page 3 of 3A_ 0 200 400 800 Feet II iiI I 73RDA4 I )0bBINE LNr cc- CD u_ 0 0 7 6r •sl 70TH AVE N -- EM RSON L 69TH-AVEN-, J <--n1 ! 67Th AVE N 0 a-m z - mz. _14 -1 ./ 7 -' 1 1 I 0 -n - u11111104`f ..191-7moul- Ill 'mu -•-liniE411 tiz, —= w.,=-411-,:!,-;ENNIOmu! 4.- rat---t-=.pi re= ! • .FAN H le "Pr'1 - I_ .wrier pr U .,...:.. 11'1111 IniTallpm011urAii ,11111111 ,1 SRI r-1. •._ filmlwi 2014 Seal Coating Area Riverwood Area Public Works Department January 3, 2014ail or-UIBROOK LYN CENTER City Council Agenda Item No. 8a Amended Special Assessment Certified Roll (Trees) 2013 Tree Removal Printed March 11, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs Five Years Special Total Interest Assessment Amount Amount Charge Charge Certified 18763 6001 Camden Ave N 01-118-21-21-0069 1,546.25 30.00 30.00 1,606.25 18763 6035 Bryant Ave N 01-118-21-21-0093 2,000.47 30.00 30.00 2,060.47 18763 6006 Humboldt Ave N 01-118-21-22-0086 798.13 30.00 30.00 858.13 18763 5406 Girard Ave N 01-118-21-33-0045 1,653.13 30.00 30.00 1,713.13 18763 2407 Ericon Dr 02-118-21-31-0046 1,198.91 30.00 30.00 1,258.91 18763 5301 Northport Dr 03-118-21-43-0050 4,752.50 30.00 30.00 4,812.50 18763 4913 Beard Ave N 10-118-21-13-0023 883.63 30.00 30.00 943.63 18763 7124 Indiana Ave N 27-119-21-31-0094 714.53 30.00 30.00 774.53 18763 3713 72nd Ave N 27-119-21-42-0090 375.00 30.00 30.00 435.00 18763 4313 66th Ave N 34-119-21-23-0037 300.00 30.00 30.00 360.00 Total:14,822.55 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed March 11, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18764 6023 Lyndale Ave N 01-118-21-12-0031 636.65 10.00 30.00 676.65 18764 6018 Camden Ave N 01-118-21-12-0038 100.00 10.00 30.00 140.00 18764 6028 Bryant Ave N 01-118-21-21-0087 552.49 10.00 30.00 592.49 18764 6012 Colfax Ave N 01-118-21-21-0098 318.33 10.00 30.00 358.33 18764 5848 Bryant Ave N 01-118-21-24-0093 100.00 10.00 30.00 140.00 18764 5525 Colfax Ave N 01-118-21-31-0072 516.42 10.00 30.00 556.42 18764 5606 Aldrich Ave N 01-118-21-31-0113 282.26 10.00 30.00 322.26 18764 5404 Emerson Ave N 01-118-21-33-0083 100.00 10.00 30.00 140.00 18764 5355 Emerson Ave N 01-118-21-33-0111 246.19 10.00 30.00 286.19 18764 5307 Emerson Ave N 01-118-21-33-0121 100.00 10.00 30.00 140.00 18764 5424 Fremont Ave N 01-118-21-33-0169 270.23 10.00 30.00 310.23 18764 5305 Bryant Ave N 01-118-21-34-0078 270.23 10.00 30.00 310.23 18764 5421 4th St N 01-118-21-43-0058 564.51 10.00 30.00 604.51 18764 5400 Camden Ave N 01-118-21-43-0084 588.56 10.00 30.00 628.56 18764 401 Bellvue La 01-118-21-43-0110 462.61 10.00 30.00 502.61 18764 5937 Vincent Ave N 02-118-21-22-0037 100.00 10.00 30.00 140.00 18764 5631 Hillsview Rd 02-118-21-31-0002 270.23 10.00 30.00 310.23 18764 5533 Irving Ave N 02-118-21-41-0030 100.00 10.00 30.00 140.00 18764 5632 James Ave N 02-118-21-41-0048 282.26 10.00 30.00 322.26 18764 5508 Morgan Ave N 02-118-21-42-0016 246.19 10.00 30.00 286.19 18764 2106 Ericon Dr 02-118-21-42-0101 576.54 10.00 30.00 616.54 18764 5321 Humboldt Ave N 02-118-21-44-0036 100.00 10.00 30.00 140.00 18764 5316 Logan Ave N 02-118-21-44-0073 246.19 10.00 30.00 286.19 18764 6101 Xerxes Ave N 03-118-21-11-0017 246.19 10.00 30.00 286.19 18764 6006 Ewing Ave N 03-118-21-12-0022 624.63 10.00 30.00 664.63 18764 5801 Drew Ave N 03-118-21-13-0029 100.00 10.00 30.00 140.00 18764 5713 Halifax Ave N 03-118-21-24-0005 576.54 10.00 30.00 616.54 18764 5201 Ewing Ave N 10-118-21-12-0063 258.21 10.00 30.00 298.21 18764 4908 Abbott Ave N 10-118-21-14-0039 100.00 10.00 30.00 140.00 18764 5127 Twin Lake Blvd E 10-118-21-21-0004 708.79 10.00 30.00 748.79 18764 1411 72nd Ave N 25-119-21-32-0060 100.00 10.00 30.00 140.00 18764 6942 Newton Ave N 26-119-21-43-0068 342.38 10.00 30.00 382.38 18764 1707 70th Ave N 26-119-21-44-0040 246.19 10.00 30.00 286.19 18764 7015 Brooklyn Blvd 27-119-21-33-0010 306.30 10.00 30.00 346.30 18764 6940 Brooklyn Blvd 27-119-21-33-0102 973.32 10.00 30.00 1,013.32 18764 3806 Urban Ave 27-119-21-43-0049 100.00 10.00 30.00 140.00 18764 6924 Scott Ave N 28-119-21-43-0012 100.00 10.00 30.00 140.00 18764 5200 70th Ave N 28-119-21-43-0035 100.00 10.00 30.00 140.00 18764 7001 Quail Ave N 28-119-21-44-0047 366.42 10.00 30.00 406.42 18764 6803 Perry Ave N 33-119-21-11-0044 506.30 10.00 30.00 546.30 18764 6703 PeiTy Ave N 33-119-21-11-0060 930.94 10.00 30.00 970.94 18764 6319 Scott Ave N 33-119-21-42-0073 576.54 10.00 30.00 616.54 18764 6142 Scott Ave N 33-119-21-43-0021 100.00 10.00 30.00 140.00 18764 5330 62nd Ave N 33-119-21-43-0080 426.54 10.00 30.00 466.54 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 2 Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed March 11, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18764 3112 67th Ave N 34-119-21-14-0004 306.30 10.00 30.00 346.30 18764 6400 Noble Ave N 34-119-21-32-0026 100.00 10.00 30.00 140.00 18764 3912 Janet La 34-119-21-34-0012 306.30 10.00 30.00 346.30 18764 3013 62nd Ave N 34-119-21-44-0103 246.19 10.00 30.00 286.19 18764 6201 Brooklyn Dr 35-119-21-33-0059 246.19 10.00 30.00 286.19 18764 6807 Dupont Ave N 36-119-21-22-0008 406.30 10.00 30.00 446.30 18764 6614 Biyant Ave N 36-119-21-24-0018 100.00 10.00 30.00 140.00 18764 6400 Fremont Ave N 36-119-21-32-0028 282.26 10.00 30.00 322.26 18764 6127 Lyndale Ave N 36-119-21-43-0021 270.23 10.00 30.00 310.23 Total: 19,202.95 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 2 March 6, 2014 City of Brooklyn Center Building and Community Standards Department Attn: Rebecca Crass 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 RE: Property ID: 27-119-21-34-0039 Property Address: 6930 Halifax Ave N. Levy Number: 18764 Dear sir or madam: I write to you today in regards to the Proposed Special Assessments affecting the above- referenced property address. Although my name is still listed as the property owner, I have not resided at 6930 Halifax Ave. N. since October 31, 2009. I conceded ownership of the property to the mortgage company in 2009 and would now be considered a trespasser on the property. The documentation you sent me did not indicate the time period for which the Proposed Special Assessments relate. I would like to work together on this matter regarding what can be done about me continuing to be listed as the property owner. Additionally, I would consider paying the original charges of $282.26 to clear this matter up. Please advise on how to prevent additional charges as with spring on the horizon I suspect the grass will continue to be an issue for me. Tha ou for your time and consideration, Sonya Herr 5309 Jackson Drive Mounds View, MN 55112 March 3 rd 2014 City of Brooklyn Center Building & Community Standards 6301 Shingle Creek Pkwy Brooklyn Center, MN, 55430 RE: Property ID: 26-119-12-41-0051 Property Address: 1606 Amy Ln Levy Number: 18763 We, Kou and Jamie, have bought/close the property on 1606 Amy Ln in August 1 st , 2013. We just recently received a letter from the City of Brooklyn Center regarding the cost of a tree removal that was done on the property sometimes in July of 2013. We believe we may have already paid for the tree removal in our closing settlement back in August 1 st '2013. Please contact our Settlement Agent for more detail: Luna & Luna, LLP- Minnesota 9298 Central Avenue N.E., Suite 412 Blaine, MN 55434 (612) 276-3700 Our File Number is 13-0004900mn / Kpu Yan 7Xoperty Owner/ q./ Amended Special Assessment Certified Roll (Trees) 2013 Tree Removal Printed March 10, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs Five Years Special Total Interest Assessment Amount Amount Charge Charge Certified 18763 6001 Camden Ave N 01-118-21-21-0069 1,546.25 30.00 30.00 1,606.25 18763 6035 Bryant Ave N 01-118-21-21-0093 2,000.47 30.00 30.00 2,060.47 18763 6006 Humboldt Ave N 01-118-21-22-0086 798.13 30.00 30.00 858.13 18763 5406 Girard Ave N 01-118-21-33-0045 1,653.13 30.00 30.00 1,713.13 18763 2407 Ericon Dr 02-118-21-31-0046 1,198.91 30.00 30.00 1,258.91 18763 5301 Northport Dr 03-118-21-43-0050 4,752.50 30.00 30.00 4,812.50 18763 4913 Beard Ave N 10-118-21-13-0023 883.63 30.00 30.00 943.63 18763 1606 Amy La 26-119-21-41-0051 250.00 30.00 30.00 310.00 18763 7124 Indiana Ave N 27-119-21-31-0094 714.53 30.00 30.00 774.53 18763 3713 72nd Ave N 27-119-21-42-0090 375.00 30.00 30.00 435.00 18763 4313 66th Ave N 34-119-21-23-0037 300.00 30.00 30.00 360.00 Total:15,132.55 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 iJ Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed March 10, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Amount Capital Levy Runs One Year Special Total Interest Assessment Amount Charge Charge Certified 18764 6023 Lyndale Ave N 01-118-21-12-0031 636.65 10.00 30.00 676.65 18764 6018 Camden Ave N 01-118-21-12-0038 100.00 10.00 30.00 140.00 18764 6028 Bryant Ave N 01-118-21-21-0087 552.49 10.00 30.00 592.49 18764 6012 Colfax Ave N 01-118-21-21-0098 318.33 10.00 30.00 358.33 18764 5848 Bryant Ave N 01-118-21-24-0093 100.00 10.00 30.00 140.00 18764 5525 Colfax Ave N 01-118-21-31-0072 516.42 10.00 30.00 556.42 18764 5606 Aldrich Ave N 01-118-21-31-0113 282.26 10.00 30.00 322.26 18764 5441 Dupont Ave N 01-118-21-33-0076 100.00 10.00 30.00 140.00 18764 5404 Emerson Ave N 01-118-21-33-0083 100.00 10.00 30.00 140.00 18764 5355 Emerson Ave N 01-118-21-33-0111 246.19 10.00 30.00 286.19 18764 5307 Emerson Ave N 01-118-21-33-0121 100.00 10.00 30.00 140.00 18764 5424 Fremont Ave N 01-118-21-33-0169 270.23 10.00 30.00 310.23 18764 5305 Bryant Ave N 01-118-21-34-0078 270.23 10.00 30.00 310.23 18764 5421 4th St N 01-118-21-43-0058 564.51 10.00 30.00 604.51 18764 5400 Camden Ave N 01-118-21-43-0084 588.56 10.00 30.00 628.56 18764 401 Bellvue La 01-118-21-43-0110 462.61 10.00 30.00 502.61 18764 5815 Humboldt Ave N 02-118-21-14-0065 246.19 10.00 30.00 286.19 18764 5937 Vincent Ave N 02-118-21-22-0037 100.00 10.00 30.00 140.00 18764 5631 Hillsview Rd 02-118-21-31-0002 270.23 10.00 30.00 310.23 18764 5533 Irving Ave N 02-118-21-41-0030 100.00 10.00 30.00 140.00 18764 5632 James Ave N 02-118-21-41-0048 282.26 10.00 30.00 322.26 18764 5508 Morgan Ave N 02-118-21-42-0016 246.19 10.00 30.00 286.19 18764 2106 Ericon Dr 02-118-21-42-0101 576.54 10.00 30.00 616.54 18764 5321 Humboldt Ave N 02-118-21-44-0036 100.00 10.00 30.00 140.00 18764 5316 Logan Ave N 02-118-21-44-0073 246.19 10.00 30.00 286.19 18764 6101 Xerxes Ave N 03-118-21-11-0017 246.19 10.00 30.00 286.19 18764 6006 Ewing Ave N 03-118-21-12-0022 624.63 10.00 30.00 664.63 18764 5801 Drew Ave N 03-118-21-13-0029 100.00 10.00 30.00 140.00 18764 5713 Halifax Ave N 03-118-21-24-0005 576.54 10.00 30.00 616.54 18764 5201 Ewing Ave N 10-118-21-12-0063 258.21 10.00 30.00 298.21 18764 4908 Abbott Ave N 10-118-21-14-0039 100.00 10.00 30.00 140.00 18764 5127 Twin Lake Blvd E 10-118-21-21-0004 708.79 10.00 30.00 748.79 18764 1411 72nd Ave N 25-119-21-32-0060 100.00 10.00 30.00 140.00 18764 6942 Newton Ave N 26-119-21-43-0068 342.38 10.00 30.00 382.38 18764 1707 70th Ave N 26-119-21-44-0040 246.19 10.00 30.00 286.19 18764 7015 Brooklyn Blvd 27-119-21-33-0010 306.30 10.00 30.00 346.30 18764 6940 Brooklyn Blvd 27-119-21-33-0102 973.32 10.00 30.00 1,013.32 18764 6930 Halifax Ave N 27-119-21-34-0039 282.26 10.00 30.00 322.26 18764 3806 Urban Ave 27-119-21-43-0049 100.00 10.00 30.00 140.00 18764 6924 Scott Ave N 28-119-21-43-0012 100.00 10.00 30.00 140.00 18764 5200 70th Ave N 28-119-21-43-0035 100.00 10.00 30.00 140.00 18764 7001 Quail Ave N 28-119-21-44-0047 366.42 10.00 30.00 406.42 18764 6803 Perry Ave N 33-119-21-11-0044 506.30 10.00 30.00 546.30 18764 6703 Perry Ave N 33-119-21-11-0060 930.94 10.00 30.00 970.94 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 2 , --that/ Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed March 10, 2014 Municipal Code No. 22 Levy Runs One Year Total Amount Certified 616.54 140.00 466.54 346.30 322.26 140.00 346.30 286.19 286.19 446.30 140.00 322.26 310.23 Total: 20,273.66 Levy No.Property Address Property ID Pending Capital Special Interest Assessment Amount Charge Charge 18764 6319 Scott Ave N 33-119-21-42-0073 576.54 10.00 30.00 18764 6142 Scott Ave N 33-119-21-43-0021 100.00 10.00 30.00 18764 5330 62nd Ave N 33-119-21-43-0080 426.54 10.00 30.00 18764 3112 67th Ave N 34-119-21-14-0004 306.30 10.00 30.00 18764 6341 Halifax Dr 34-119-21-31-0006 282.26 10.00 30.00 18764 6400 Noble Ave N 34-119-21-32-0026 100.00 10.00 30.00 18764 3912 Janet La 34-119-21-34-0012 306.30 10.00 30.00 18764 3013 62nd Ave N 34-119-21-44-0103 246.19 10.00 30.00 18764 6201 Brooklyn Dr 35-119-21-33-0059 246.19 10.00 30.00 18764 6807 Dupont Ave N 36-119-21-22-0008 406.30 10.00 30.00 18764 6614 Bryant Ave N 36-119-21-24-0018 100.00 10.00 30.00 18764 6400 Fremont Ave N 36-119-21-32-0028 282.26 10.00 30.00 18764 6127 Lyndale Ave N 36-119-21-43-0021 270.23 10.00 30.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 2 COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: March 10, 2014 Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards Public Hearings on Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs Recommendation: It is recommended that the City Council conduct the subject Public Hearings and consider approval of the attached resolutions certifying special assessments for Diseased Tree Removal Costs and Weed Removal Costs. Background: Two Public Hearings are scheduled for March 10, 2014 to consider certification of proposed special assessments. The City Council called for a March 10, 2014 Public Hearing at its February 10, 2014 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of March 7, 2014, no formal appeals have been made to City staff since the February 10, 2014 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. •A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. •A follow up inspection is conducted to verify compliance. •If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. •The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. •The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. Mission: Ensuring an attractive, clean, safe conununi01 that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between March 11, 2014 and April 9, 2014. 2.After April 9, 2014 through November 26, 2014, the property owner may pay the total special assessment plus accumulated interest (6.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2015. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 6.0 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Year Weed Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: The levy roll for diseased tree removal costs totals $17,837.39. The levy roll for weed removal costs totals $21,764.36. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 7, 2014. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Attachment: Resolutions- Diseased Tree Removal Weed Removal List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 7, 2014. Strategic Priorities: •Financial Stability •Vibrant Neighborhoods Mission: Ensuring an attractive, clean, so e community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2012 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 10, 2014, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2013 is hereby adopted and certified as Levy No. 18763. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six (6) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2015, and shall bear interest on the entire assessment from April 10, 2014 through December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 9, 2014. After April 9, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 10, 2014 through the date of payment. Such payment must be made by the close of business November 26, 2014 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 10, 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Trees) 2013 Tree Removal Printed February 27, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs Five Years Special Total Interest Assessment Amount Amount Charge Charge Certified 18763 6001 Camden Ave N 01-118-21-21-0069 1,546.25 30.00 30.00 1,606.25 18763 6035 Bryant Ave N 01-118-21-21-0093 2,000.47 30.00 30.00 2,060.47 18763 6006 Humboldt Ave N 01-118-21-22-0086 798.13 30.00 30.00 858.13 18763 5406 Girard Ave N 01-118-21-33-0045 1,653.13 30.00 30.00 1,713.13 18763 2407 Ericon Dr 02-118-21-31-0046 1,198.91 30.00 30.00 1,258.91 18763 5301 Northport Dr 03-118-21-43-0050 4,752.50 30.00 30.00 4,812.50 18763 4913 Beard Ave N 10-118-21-13-0023 883.63 30.00 30.00 943.63 18763 1606 Amy La 26-119-21-41-0051 250.00 30.00 30.00 310.00 18763 1612 69th Ave N 26-119-21-44 0104 664.53 30.00 30.00 724.53 18763 7124 Indiana Ave N 27-119-21-31-0094 714.53 30.00 30.00 774.53 18763 3713 72nd Ave N 27-119-21-42-0090 375.00 30.00 30.00 435.00 18763 4313 66th Ave N 34-119-21-23-0037 300.00 30.00 30.00 360.00 18763 6237 Bryant Ave N 36-119-21-34-0047 1,920.31 30.00 30.00 1,980.31 Total:17,837.39 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of I Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statues Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 10, 2014, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2013 is hereby adopted and certified as Levy No. 18764. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2015, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from April 10, 2014 through December 31, 2015. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 9, 2014. After April 9, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 10, 2014 through the date of payment. Such payment must be made by the close of business November 26, 2014 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 10, 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed February 27, 2014 vlunicipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18764 6023 Lyndale Ave N 01-118-21-12-0031 636.65 10.00 30.00 676.65 18764 6018 Camden Ave N 01-118-21-12-0038 100.00 10.00 30.00 140.00 18764 6028 Bryant Ave N 01-118-21-21-0087 552.49 10.00 30.00 592.49 18764 6012 Colfax Ave N 01-118-21-21-0098 318.33 10.00 30.00 358.33 18764 5951 Dupont Ave N 01-118-21-22-0001 246.19 10.00 30.00 286.19 18764 5848 Bryant Ave N 01-118-21-24-0093 100.00 10.00 30.00 140.00 18764 5525 Colfax Ave N 01-118-21-31-0072 516.42 10.00 30.00 556.42 18764 5606 Aldrich Ave N 01-118-21-31-0113 282.26 10.00 30.00 322.26 18764 5441 Dupont Ave N 01-118-21-33-0076 100.00 10.00 30.00 140.00 18764 5404 Emerson Ave N 01-118-21-33-0083 100.00 10.00 30.00 140.00 18764 5455 Emerson Ave N 01-118-21-33-0091 100.00 10.00 30.00 140.00 18764 5355 Emerson Ave N 01-118-21-33-0111 246.19 10.00 30.00 286.19 18764 5307 Emerson Ave N 01-118-21-33-0121 100.00 10.00 30.00 140.00 18764 5424 Fremont Ave N 01-118-21-33-0169 270.23 10.00 30.00 310.23 18764 5305 Bryant Ave N 01-118-21-34-0078 270.23 10.00 30.00 310.23 18764 5421 4th St N 01-118-21-43-0058 564.51 10.00 30.00 604.51 18764 5400 Camden Ave N 01-118-21-43-0084 588.56 10.00 30.00 628.56 18764 401 Bellvue La 01-118-21-43-0110 462.61 10.00 30.00 502.61 18764 5815 Humboldt Ave N 02-118-21-14-0065 246.19 10.00 30.00 286.19 18764 5937 Vincent Ave N 02-118-21-22-0037 100.00 10.00 30.00 140.00 18764 5631 Hillsview Rd 02-118-21-31-0002 270.23 10.00 30.00 310.23 18764 5533 Irving Ave N 02-118-21-41-0030 100.00 10.00 30.00 140.00 18764 5632 James Ave N 02-118-21-41-0048 282.26 10.00 30.00 322.26 18764 5508 Morgan Ave N 02-118-21-42-0016 246.19 10.00 30.00 286.19 18764 2106 Ericon Dr 02-118-21-42-0101 576.54 10.00 30.00 616.54 18764 5500 Oliver Ave N 02-118-21-42-0122 294.28 10.00 30.00 334.28 18764 5321 Humboldt Ave N 02-118-21-44-0036 100.00 10.00 30.00 140.00 18764 5316 Logan Ave N 02-118-21-44-0073 246.19 10.00 30.00 286.19 18764 6101 Xerxes Ave N 03-118-21-11-0017 246.19 10.00 30.00 286.19 18764 6006 Ewing Ave N 03-118-21-12-0022 624.63 10.00 30.00 664.63 18764 5801 Drew Ave N 03-118-21-13-0029 100.00 10.00 30.00 140.00 18764 5713 Halifax Ave N 03-118-21-24-0005 576.54 10.00 30.00 616.54 18764 5319 Northport Dr 03-118-21-43-0047 100.00 10.00 30.00 140.00 18764 5201 Ewing Ave N 10-118-21-12-0063 258.21 10.00 30.00 298.21 18764 4908 Abbott Ave N 10-118-21-14-0039 100.00 10.00 30.00 140.00 18764 5127 Twin Lake Blvd E 10-118-21-21-0004 708.79 10.00 30.00 748.79 18764 1411 72nd Ave N 25-119-21-32-0060 100.00 10.00 30.00 140.00 18764 6942 Newton Ave N 26-119-21-43-0068 342.38 10.00 30.00 382.38 18764 1707 70th Ave N 26-119-21-44-0040 246.19 10.00 30.00 286.19 18764 7015 Brooklyn Blvd 27-119-21-33-0010306.30 10.00 30.00 346.30 18764 6940 Brooklyn Blvd 27-119-21-33-0102 973.32 10.00 30.001,013.32 18764 6930 Halifax Ave N 27-119-21-34-0039 282.26 10.00 30.00 322.26 18764 3806 Urban Ave 27-119-21-43-0049 100.00 10.00 30.00 140.00 18764 6924 Scott Ave N 28-119-21-43-0012 100.00 10.00 30.00 140.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 2 Amended Special Assessment Certified Roll (Grass/Weeds) 2013 Weed Destruction Printed February 27, 2014 Municipal Code No. 22 Levy No. Property Address Property ID Pending - Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18764 5200 70th Ave N 28-119-21-43-0035 100.00 10.00 30.00 140.00 18764 7001 Quail Ave N 28-119-21-44-0047 366.42 10.00 30.00 406.42 18764 6803 Perry Ave N 33-119-21-11-0044 506.30 10.00 30.00 546.30 18764 6703 Perry Ave N 33-119-21-11-0060 930.94 10.00 30.00 970.94 18764 5000 Howe La 33-119-21-14-0053 100.00 10.00 30.00 140.00 18764 6424 Scott Ave N 33-119-21-42-0012 100.00 10.00 30.00 140.00 18764 6319 Scott Ave N 33-119-21-42-0073 576.54 10.00 30.00 616.54 18764 6142 Scott Ave N 33-119-21-43-0021 100.00 10.00 30.00 140.00 18764 5330 62nd Ave N 33-119-21-43-0080 426.54 10.00 30.00 466.54 18764 3112 67th Ave N 34-119-21-14-0004 306.30 10.00 30.00 346.30 18764 6341 Halifax Dr 34-119-21-31-0006 282.26 10.00 30.00 322.26 18764 6400 Noble Ave N 34-119-21-32-0026 100.00 10.00 30.00 140.00 18764 3912 Janet La 34-119-21-34-0012 306.30 10.00 30.00 346.30 18764 3013 62nd Ave N 34-119-21-44-0103 246.19 10.00 30.00 286.19 18764 6201 Brooklyn Dr 35-119-21-33-0059 246.19 10.00 30.00 286.19 18764 6807 Dupont Ave N 36-119-21-22-0008 406.3010.00 30.00 446.30 18764 6614 Biyant Ave N 36-119-21-24-0018 100.00 10.00 30.00 140.00 18764 6400 Fremont Ave N 36-119-21-32-0028 282.26 10.00 30.00 322.26 18764 6125 Emerson Ave N 36-119-21-33-0033 270.23 10.00 30.00 310.23 18764 6127 Lyndale Ave N 36-119-21-43-0021 270.2310.00 30.00 310.23 Total:21,764.36 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 2 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: March 10, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AO-AZA-11\0‘.1At/°1\(--- SUBJECT: Type IV 6-Month Provisional Rental License for 6511-6521 Humboldt Avenue North, The Pines of Brooklyn Center Apartments 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 6511-6521 Humboldt Ave N, The Pines of Brooklyn Center Apartments. 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 336 (3.29/unit) property code violations found during the initial rental license inspection and 13 (0.13/unit) validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-21-2013 The Owner, Norlin Boyum, applied for renewal of the rental dwelling license for 6511 Humboldt Ave N, a two building, 102 unit multi-family dwelling. 09-18-2013 An initial rental inspection was conducted. 336 (3.29/unit) property code violations were cited, see attached rental criteria. 10-23-2013 An extension was requested due to new —site management. 11-12-2013 A follow up inspection was conducted and failed. 11-30-2013 The previous rental license expired. Mission: Ensuring an attracti»e, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-03-2014 An inspection was conducted and passed with weather deferral for exterior items. 01-03-2014 City records indicate 13 (0.13/unit) validated police incident/nuisance calls occurred in the past twelve months. Incidents included 1/27/2013 theft, 4/29/2013 theft, 5/25/2013 disturbing peace, 7/23/2013 assault, 7/29/2013 theft, 8/19/2013 disturbing peace, 8/23/2013 disturbing peace, 8/25/2013 auto theft, 9/6/2013 burglary, 9/27/2013 burglary, 11/8/2013 damage to property, 11/22/2013 theft, 1/12/2014 disturbing peace. 01-21-2014 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. 02-04-2014 A Mitigation Plan was submitted. 02-14-2014 The Mitigation Plan was finalized. 02-28-2014 A letter was sent to the owner notifying that the hearing before the Council will be held March 10, 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. Excel t from Cha ter 12 of Ci Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0 75 but not more than 1 5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive communi0 that enhances the quality of life for all people and preserves the public trust Number of Units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 0-0.35 Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Greater than 3 Greater than 1 Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: • 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 IRental License. :OPnerNarne:The NOrtti Local Agent: Spectrum Property Management Compariy,-Inc. ;Owner Addregs ...-,, •78.00 Mehl.) Nye tr200 Bloomington, MN 55428 Agerit .AddreSs: 7800 Metro Drive #112 Blooriiington, mr,I 55425 ()Wrier Phone: 95243585574 ::Agent Phone : 952785370036 OWner Email.rICDOVUM msn.cofn Agent Email:dscliroeder@a.peetrUmpropertymgrrit.corn- . - - Renewal: - Current License Expiration -Date:11 '3:1 -2013 *Pending Type IV License-ExilDatth 5-a1 -201 4 (Six inonthSfrom current license expiration,) I. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 www.cityofbrooklyncenter.org Fox: 763-569-3360 41EiroTaihiMratrATEEIET):,1-,-!5_, ;-::,,,i,Tp.--12,71 ... --..,....:.:...•.... • :Tc -:.: , Rental License Mitigation Plan--Type IV Rental Licenseh Odwritten plans will not be accepted. Please type or use finable form on City website. $eCtion l ireitieftY:IiifO linatinn''t “.• •;i. Property Address: 6511 .Humboldt Avenue North Brooklyn Center, MN 55430- - . , 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 oneoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the 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. Sec on eciltiteAne6,0,1006; !-''' Submit the following documents with the Mitigation Plan for approval: ii Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum I 3. Submit written report by 10 111 of each month (after license approval). 1 i I 1 1II1 784:iiii:,4j 7 Ciiiiiel -lfre uotimprdj'aiiiI e.iiiiiiaeliis:;; ' ' . i .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. I 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. 1 [ i I I 1 Page 1 Type IV Mitigation Plan Rev 11-16-11 I j i 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled:Date Course Completed: September 16, 2010 or Phase II improvements recommended by the Et...* 4:day ar,rotkratet, I ow. ba elmsto be completed by: i j Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 1 '31-2014 Improvements Phase III (two). & May ft, 20141 V I I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: March 13,2014 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? Yes 11 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 more units:I 1 III training that includeswill conduct resident annually1 1 11 will hold regular resident meetings. .$.ealtni_ ong : eiiii ................................ _ .- .. 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 30 years after installationFurnace/AC- All Boilers were new prior to purchase in 2000 Water Heater- All new since 12/11 all 3 of them 12/11, 3112, & 11/12 15 years after installtion Kitchen Appliances- Replaced on turnover (see Add/ Replace schedule) Laundry Appliances- tt,....-^,--,--t--.....^.--=-,--',----u one washer a one diyer replaced since new 20 years Exterior -Paint/Siding, fascia, trim stucco Stucco repaired on garages Oct. 2013 minus lo bs repaired an opt bending • by 6114 -Windows original with many sash updates eo WWI about 30 new window sashes per your _Roo f newer built up roof when purchased 30 years from time of installation -Fence only fence Is by the dumpster dumptter fencing part of upgrade 6-14 -Shed nia -Garage Newer doors and newer roof a,..,. is row ner non.46*.50. Guar V ...1.•30 years from time of installation -Driveway In good shape Asphalt repairs & Crack filing ovary spring Seal coat 5 to 7 years -Sidewalks in good condition only replace If needed Smoke Alarms & Carbon Monoxide Alarms mane datednrs aro hard Med and battery backup CO2 every 5 years Other(s) se7etf.6AGoiif6-ppaC6.i' 66'4,''''''''.,'' ,•:0 - ,-''-'; Implementing the following best practices may assist in the By checking the boxes below, you agree to: management of your property. month. 1 I 1. Check in with tenants every 30 days.1 1 1 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 MU! 1=1 V/VkW Date P06/01Date For City Use 4itigation Plan Approved By: olice Department / Title /2- nity Standards Department / TitleBuil 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. Sundgaard Service 651-775-8189 Leif 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. =1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 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. David A chroe r Agent for Owner Owner or Ag t Name and T; ('lea e Print) 02/03/2014 Date Additional Owner or Agent Name and Title (ifapplicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 Added Item 10b ilk giirSOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY it 1111 it 0,444.6 www.cityo fbrook,yncenwr.otr Mayor's Office DATE: March 10, 2014 TO: City Council FROM: Tim Willson, Mayor SUBJECT: City Manager's Compensation Mayor Willson has recommended, the Council agrees, to the following wage incentive for the City of Brooklyn Center City Manager. After careful review, consideration and analysis of the City Managers annual compensation using data from similar cities, the Mayor has recommended an increase in base salary retroactive to July 1 st, 2013 of $ 6,000.00 and a salary increase of 3% beginning July 1, 2014. City Manager Curt Boganey has a base salary of $ 138,883.00 as of July 1 5 % 2013. The increase of $6,000.00 in base salary brings his annual salary up to $ 144,883.00. Of the 9 cities in the city managers base pay survey this ranks Mr. Boganey 5 th or right in the middle of the City Manager compensation survey. Consideration of an annual review and increase for City Managers in the 9 cities for the upcoming fiscal year, 2015, Mayor Willson has recommended a 3% increase in base salary beginning July 1 st , 2014. Again the analysis of annual salary is estimated to put Brooklyn Centers City Manager 5 th in a ranking of 9 cities. Base salary for the fiscal year period 2015 is estimated to be $ 149,050.00. On the Mayors recommendation this review and compensation is for the last fiscal year 2014 and next fiscal year 2015. Mr. Boganey's next city managers review will be under consideration in July of 2015 for fiscal year period 2016. City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300. Fax: 763.569.3494 763.569.3400 . Fax: 763.569.3434 763.569.3333. Fax: 763.561.0717 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THIRD ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, the City Manager Employment Agreement provides for an annual salary adjustment following a determination of satisfactory performance by the City Manager; and WHEREAS, the City Council has determined that a salary and other compensation adjustment is warranted; and WHEREAS, both parties mutually agree to amend the City Manager Employment Agreement to reflect said changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the second addendum to the City Manager Employment Agreement provided herein be approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said addendum on behalf of the City of Brooklyn Center. March 10, 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. ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT This Addendum is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City") and Cornelius L. Boganey (hereinafter referred to as the "Manager") as of the 10th day of March, 2014. WHEREAS, the City and Manager have entered into an employment agreement dated September 25, 2006 (herein after referred to as the "Employment Agreement"); and WHEREAS said agreement was amended on November 26, 2012; and WHEREAS, the parties wish to amend the Employment Agreement as hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants set forth in the Employment Agreement and herein, City and Manager agree the Employment Agreement is amended as follows: Section 8.Compensation B)The Salary for the Manager shall be $138,883 effective July 1, 2013. C)The Salary for the Manager shall be $149,050 effective July 1, 2014. This amendment shall take effect on July 1, 2013. Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in full force and effect. CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYEE By: By Tim Willson, Mayor Cornelius L. Boganey By: Sharon Knutson, City Clerk AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 10, 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 1.E-Cigarette Options 2.Discussion on Option of Entering Into a Two Year Contract with Hennepin County for Assessing Services 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.Assessing Department Reorganization Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: February 25, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Electronic Cigarettes and Related Vapor Inhalation Devices Ordinance Review Recommendation: It is recommended that the City Council consider providing direction to staff regarding the licensing and allowed use of electronic cigarettes and related vapor inhalation devices. Background: • In January 2014, the City Council had directed staff to review the possible health concerns related to the use of electronic cigarette and related vapor inhalation devices. Commander Tim Gannon and Juvenile Officer Kris Knodle conducted extensive research on the current trends related to the use of these vapor producing devices and the rules that other cities have adopted to address them. On February 10' 2014 Commander Gannon presented this information to the City Council. The Council directed staff to provide information regarding a review of Brooklyn Center's ordinances as they relate to electronic cigarettes and related valor inhalation devices. The City staff has worked with the City Attorney in preparing information that includes changes of City ordinances to address the changes in nicotine and related delivering systems. Staff will present three examples of ordinance actions that can be considered and discuss what the impact of each example will be on the existing ordinance and enforcement. Policy Issues: Discuss possible changes in the license ordinance as it pertains to the use/sale of electronic cigarettes and related vapor inhalation devices found in ordinance 23-101. Strategic Priorities: 0 Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust OPTION 1 TOBACCO RELATED PRODUCTS Section 23-101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the City of Brooklyn Center unless a license therefore shall first have been obtained as provided in this ordinance. Section 23-102. DEFINITIONS. 1."Tobacco related product" means cigarettes, cigars, cheroots; stogies; perique; granulated, plug cut crimp cut, ready, rubbed and other smoking tobacco; snuff; snuff flower; cavendish, plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. 2."Self-service merchandising" means open display of tobacco related products that the public has access to without the intervention of an employee. 3. "Individually packaged" means any package containing only one individually wrapped item. Included are single packs of cigarettes, single bags of tobacco for rolling, and individual cans of tobacco for chewing or sniffing. Not included are cartons containing two or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking, chewing or sniffing. Section 23-103. APPLICATION AND ISSUANCE. Application for such license shall be made to the City Clerk on a form supplied by the City. Such application shall state the full name and address of the applicant, the location of the building and the part intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the application form. Upon the filing of such application with the Clerk, it shall be presented to the City Council for its consideration, and if granted by the Council, a license shall be issued by the City Clerk upon the payment of the required fee. Section 23-104. LICENSE FEE. The fee for every such license shall be as set forth by City Council resolution. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under this ordinance shall be paid to the City Clerk prior to the first day of January of the year for which said license fee is required, and in the event that said payment is made after said date, the license fee established by this ordinance shall be increased ten percent (10%) for each month or portion thereof which has elapsed since said date. Section 23-105. LICENSE SHALL BE DISPLAYED. Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. Section 23-106. RESTRICTIONS. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of tobacco related products at any place other than his established place of business. No license shall be issued for the sale of tobacco related products at a movable place of business; nor shall any one license be issued for the sale of tobacco related products at more than one place of business or applicant. No person shall sell or dispense any tobacco related products through the use of a vending machine. No person shall sell or give any tobacco related products to any person below the age of 18 years. No person shall keep for sale, sell or dispense any tobacco related products containing opium, morphine, jimson weed, belladonna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. It shall be unlawful for any person to offer for sale any individually packaged tobacco related product by means of self-service merchandising. All sales must be made in such a manner that requires the vendee to specifically ask for the tobacco related product and all other sales are unlawful. Any person selling any tobacco related product must require identification if he/she has any reason to believe that the proposed purchaser is less than 18 years of age. Section 23-107. NOTICE AND HEARING. No penalty, suspension, or revocation shall take effect until the licensee or individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Manager or City Manager's designee. A decision that a violation has occurred shall be in writing. Section 23-108. PENALTY. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. Administrative Penalties: Individuals. An individual who sells tobacco to a person under the age of 18 years shall be charged an administrative penalty of $50. Nothing in this section prohibits the City from imposing additional penalties based upon the circumstances of the violation and the history of violations at the same location. In addition to the applicable administrative penalties, any person who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 23-109. COMPLIANCE CHECKS. The City will conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Sections 23-101 through 23-109. Section 23-110. SAMPLING PROHIBITED. The inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product in a tobacco products shop, as defined in Minnesota Statutes, section 144.4167, subdivision 4, is prohibited. OPTION CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2014, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the sale of tobacco related products in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATED TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. Brooklyn Center Code, Section 23-102 is amended as follows: Section 23-102. DEFINITIONS. 1."Tobacco related product" means cigarettes, cigars, cheroots; stogies; perique; granulated, plug cut crimp cut, ready, rubbed and other smoking tobacco; snuff; snuff flower; cavendish, plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices including electronic delivery devices. 2."Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 3. "Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 3,4. "Self-service merchandising" means open display of tobacco related products that the public has access to without the intervention of an employee. 440093v1 BR291-20 475. "Individually packaged" means any package containing only one individually wrapped item. Included are single packs of cigarettes, single bags of tobacco for rolling, and individual cans of tobacco for chewing or sniffing Not included are cartons containing two or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking, chewing or sniffing. Article 2. Brooklyn Center Code, Section 23-109 is amended as follows: Section 23-109. COMPLIANCE CHECKS. The City will conduct unannounced compliance checks at 1 st once each calendar year at ch location where tobacco is sold to test compliance with Sections 23 104 through 23109. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco related devices to include electronic delivery devices are following and complying with the requirements of Sections 23- 101 through 23-110. Compliance checks shall involve the use of minors. Compliance checks shall also mean the use of minors who attem t to surchase tobacco tobacco iroducts tobacco related devices and electronic delivery devices for educational research in training purposes as outlined by State and Federal laws. These checks will be unannounced and be conducted no less than once a year where tobacco, tobacco products, tobacco related devices including electronic delivery devices are sold to test compliance with Sections 23-101 through 23-110. Article 3. Section 23-110 is amended as follows: Section 23-110. SAMPLING PROHIBILE,D. The inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product, or an electronic delivery device in a tobacco products shop, as defined in Minnesota Statutes, section 144.4167, subdivision 4, is prohibited. Article 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: 440093v1 BR291-20 OPTION 3 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2014, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the sale of tobacco related products in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATED TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23-109 are repealed. Article II. Brooklyn Center City Code is amended by adding new sections 23-101 through 23-108 as follows: Section 23-101. LICENSE REQUIRED No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the City of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1."Compliance checks" means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia deliveiy devices are following and complying with the requirements of Sections 23-101 through 23-108. Compliance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 2."Electronic delivety device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any oilier substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 439156v3 BR291-20 3."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. 4."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 5."Loosies" means the common term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. 6."Minor" means any natural person who has not yet reached the age of 18 years. 7."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 8."Retail establishment" means any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 9."Sale" means any transfer of goods for money, trade, barter or other consideration. 10."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 11."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 12."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 13."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 14."Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of 439156v3 BR291-20 payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco- related device. Section 23-103. LICENSE REQUIRED 1.Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the city as provided in this section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. 3.Action. Upon receipt of a completed application, the city clerk shall forward the application to the police depai intent for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in sections 23-101 through 23-108, and report the results of its investigation to the city clerk within 30 days of receipt of the application. The city clerk shall forward the application for consideration by the city council. 4.Fees. No application for a license under sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the city council by resolution from time to time. 5.Sanctions for violation. Shall be set by the city council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under sections 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS The following shall be grounds for denying the issuance of or renewal of a license under sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3. The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 439156v3 BR291-20 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the city and/or county, including, but not limited to, utilities and property taxes. 7.If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under sections 23-101 through 23-108. Section 23-105. PROHIBI'l ED SALES It shall be a violation of sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: 1.To a minor; 2.By a vending machine; 3.By self-service; 4.As loosies; 5.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or 6.To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. SECTION 23-106. SMOKING PROHIBITED Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY 1.Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. 439156v3 BR291-20 a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by sections 23-101 through 23-108, found to be in violation of sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully inirchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. The administrative fine or other penalty shall be established by city council ordinance upon the city council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the administrative penalties authorized to be imposed by Minn. 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(P) .0.=, qiir,)) • ko • cr. .-_,.--,(q) © Lc•.-' , (,=, _c,.- (-,(0 ,,,q) (_..D (1.)J i----,,.-i_i ©6/) 0 '' ___ - ( r •••-• ( ,---,1 ')' 1 \ ,..,.. ) \`i .',...-1_r--- I 1, t,,,_ - -• ) ! i II__ ! ( n7 ,,i I li r''', I , • .......... • • Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: March 10, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development , SUBJECT: Discussion on the Option of Entering into a Two Year Contract with Hennepin County for Assessing Services. Recommendation: It is recommended that the City Council consider providing direction to staff regarding contracting with Hennepin County for Assessing Services. Background: The Assessing Division's primary function involves the accurate classification and valuation of all real, personal, and exempt property, including the value of all improvements and structures in a maximum of 5 year intervals, as prescribed by the Statutes of the State of Minnesota, and is the staff liaison to the City's Board of Equalization. Additionally, the Assessing Division is also responsible for the processing of homestead applications; maintaining the City's Property Data System (PDS) information; and tracking of all special assessments processed by the City, The 2010 Census reported the City's population at 30,104, which exceeded a statutory threshold relating to a City's responsibility and role in providing appraisal reports and expert testimonies on tax court petitions. As a result of the additional workloads associated with the tax court, the City's Assessing Division has been in a state of transition with the following restructuring of the job responsibilities and roles of the assessing staff: •In 2012, the City entered into a contract with the Hennepin County Assessing Department to continue the services associated with tax court petitions and to provide the training to the City Assessor that would enable the City to assume its statutory role and responsibilities related to tax court petitions. This transition was scheduled to occur in 2014. •In 2013, the position of Appraiser II was created to assume a portion of the CIA property assessment (commercial, industrial, apartments) to free up the City Assessor for the Tax Court work load. •In 2013, the part time position of Assessing Technician was created to provide office support services and office coverage to free up the City Assessor and the two appraisers. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION September, 2013, the City Assessor resigns to accept a position with the Hennepin County Assessor's Office. In November, 2013, the City enters into an interim contract with Hennepin County to carry out the statutory responsibilities and duties of the City Assessor's position; the determination of assessed valuations of the CIA properties (commercial, industrial, and apartment) for the 2014 Assessment Year; and renewed its contract with the City to provide appraisal reports and expert testimonies for tax court appeals The cost of the contract is calculated on a time and material basis not to exceed an amount equivalent to the City's budget for the Assessor's position during this time period. The 2014 Budget for the Assessing Division was established at $374,795 and included the replacement of the City Assessor Position with the City undertaking the responsibilities for tax court appraisal; with the notation, that the City was reviewing the overall budget effects of entering into a contractual arrangement with Hennepin County for Assessing Services. Specifically, the City was reviewing the additional functions and roles performed by the Assessing Division relating to special assessments and maintaining the City's property data system. Hennepin County Contract for Assessing Services: In addition to the interim budget for the 2014 Assessment Year, the County Assessor's Office provided the City with a draft contract to perform the primary function of the Assessing Division and meet all of the City's statutory requirements for the Assessment Years of 2015 and 2016, The contract provides for the payment of an annual sum of $161,000 (plus cost of postage and tax court costs). The County's estimated budget was projected at $190,000 to $200,000, depending on tax court petitions for each assessment year. The contract requires the City to provide office personnel to accept and process homestead applications and a work space for the occasional use of two County appraisers. The following estimates include the current office costs for the Assessing Division and options for either the continuation of the part time technician's position or a full time position that enables other departmental job sharing opportunities: Budget with County Contract and a continuation of a part time administrative support position: $216,729 to $226,729, which reflects a potential General Fund savings of $158,000 to $148,000 Budget with County Contract and a full time administrative support position: $253,491 to $263,491, which reflects a potential General Fund savings of $121,000 to $111,000. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION During the last 3 months, there have been continued discussions with the County Assessor on options relating to the employment possibilities for the existing Assessing staff which has evolved into an outline of a modified 2 year contract that includes the following: •The agreement would be effective May 1, 2014 and include the 2015 and 2016 Assessment Cycles. •An inter-jurisdictional transfer of one employee for a position that County is reserving for a residential appraiser position. •The City would retain one employee who would complete the residential assessment for 2015, which is projected to be completed by the end of September, 2014. •The County would provide this employee with the necessary tools, training, and supervision to collect, create, and edit the 2015 residential assessment in the County's appraisal (CAMA) system. •The County and the City would work out a formula to account for the City's actual costs of the city staff appraiser and credit those costs against the City's costs of the contract. •The County and the City will continue to work out staffing plans in the event the City's employee were to leave the employment of the City prior to the completion of the residential assessment. •The 2016 Assessment Cycle would be completed entirely by the County. As part of this option, the City would be considering the structuring of a severance package, in the event the residential assessment is successfully completed and the City's appraiser staff has not found other employment. The County has expressed that the goal of this agreement is to establish a long term relationship with the City and provided the attached list of Cities that they have contract with for Assessing Services. Additionally, attached for your reference is a handout provided by the County Assessor at our initial meeting in 2013, Expectations of Assessors in Hennepin County for the 2014 Assessment, which provides an insight into the role of the County Assessor's office and responsibilities to property assessments, all related legislative mandates and statutes and their relationship to all assessment office staff in Hennepin County, regardless of their employer. Policy Issues: Does the City Council believe they have a sufficient understanding of the option of contracting with Hennepin County for Assessing Services? Does the City Council believe that entering into a Contractual Relationship with Hennepin County for Assessing Services is in the best interests of the City? Strategic Priorities: •Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust * * * N01 .t.UDc-I CON (NJN 0Lil 1.0oe-I 0en 0.-1I-I NT-1 01N M 1 ct N ri o I N,..4 C■1e-1 %-I o tr)ct.0 N N I 1 N.coe--1 C.1enN UD01N COe-iH .-Iille-1 001e-I 001 r-ICON 00LilN •zr1.0 Ct*Ul CO NCO CrLO COr...1 LnN h0,i toLn c-I ci'N N cncn CO d"N NN tnUD.-I rs: v-iNr. 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L.w> C 04, a) I-0 ... . C0°+'"-N'13LC (Si a).. _I0 C.-u-a (I), RS ca 4-'co>. j4>sea "cs'-e.,4-z— uO Ca)>(0.c (Uci) c,gU)re_c .20 Expectations of Assessors in Hennepin County for the 2014 Assessment September 10, 2013 All assessment offices in the county are expected to follow the recommendations and policies set by the Hennepin County Assessor and the Department of Revenue, and adhere to all legislative mandates and statutes. This document applies to all assessment office staff in Hennepin County, regardless of their employer. All assessing personnel in Hennepin County shall: Provide prompt, professional and courteous customer service. Be available to respond to property owners, the general public, government officials, county assessor staff, or others regarding assessment or appraisal issues and inquires during regular business hours. Respond to data requests and review reports from County Assessor staff within the requested timeframe. Provide timely communication to County Assessor staff of questions and concerns. Meet all assessment deadlines and follow all guidelines and procedures set forth by the County Assessor as described in the Information and Communication Manual, HAM meetings and other communications from Hennepin County. Utilize all software programs and workflows, and maintain databases, such as ACE, eCRV and TAXSYS as prescribed by Hennepin County and the DOR. Any configurations or modifications to these systems must be approved by the County Assessor. Provide the County Assessor with the name, role and designation of all associates involved with the assessment and or classification of property in their assessment jurisdictions. Maintain the appropriate State Board of Assessors designation, license level and income • certification required for all staff in the assessment jurisdiction. Adhere to the State Board of Assessors Code of Conduct and maintain current Assessor Disclosure forms. The County Assessor will serve as the liaison between DOR and all other assessors and assessment staff in Hennepin County. All DOR questions, requests or responses shall be submitted through the County Assessor. Attend and participate in all meetings, training sessions and information sessions when offered or recommended by the Hennepin County Assessor's Office. It is the responsibility of the city assessor to ensure that the appropriate staff is also in attendance at meetings and training sessions appropriate to their job responsibilities. If the city assessor and/or their personnel will not be attending a required meeting, the city assessor should make sure they send appropriate representation in their place and notify the County Assessor of whom will not be attending and why. This includes ., but is not limited to, the following meetings: O HAM Meetings O Assessment Information and Communication Meetings Page 1 of 7 •Residential Assessment Meetings, i.e., Ag Meeting, Lakeshore Meeting •Commercial, Industrial and Apartment Meetings •Instructional sessions relating to new technologies and software •Fall Ratio and Truth-in-Taxation Meeting, along with appropriate representatives from city administration, finance department and city council •Any other meetings, training, or information sessions offered or recommended by Hennepin County City and local assessors and their staff will provide assistance and cooperation to Hennepin County staff conducting valuation or assessment reviews. Follow all other policies and procedures as described in the Information and Communication Manual or communicated by the County Assessor's Office. Assessment & Taxes Project: The implementation of the Assessment and Taxes program will affect all assessors in Hennepin County. The participation and engagement of assessment staff throughout Hennepin County is imperative to the success of the project. All jurisdictions shall send appropriate representation to all informational and training sessions. Jurisdiction representatives are responsible for informing other jurisdictional staff of information presented at informational and training sessions. All jurisdictions shall review and respond to informational requests to ensure adequate functionality is built into the program to accommodate the needs of all jurisdictions in Hennepin County. Assessment Administration: Complete divisions and combinations in a timely manner throughout the assessment year. Coordinate the printing and mailing of valuation notices with Hennepin County. Administration of the homestead and special homestead classification, and maintenance of the Social Security Number file, both current and prior year. Take appropriate measures using best practices to protect and maintain the security of all confidential data, including but not limited to, social security numbers, specific information on disabilities and income and expense data. Administer all legislatively mandated programs pursuant to the corresponding Minnesota Statutes, and all amended legislation, as directed by the County Assessor. These include: •Abatement processes under (M.S. 375.192; 273.1231 — 273.1235; 273.11, Subd. 21) •This Old House (M. S. 273.11 Subd. 16) •Plat Law (M. S. 273.11 Subd. 14) •Green Acres (M. S. Subd. 273.111) (over 30,000) •Rural Preserve (M. S. 273.114) (over 30,000) •Veterans Homestead Market Value Exclusion (M. S. 273.13, Subd. 34) (over 30,000) Page 2 of 7 Forward all Minimum Assessment Agreements (MAA) to the County Assessor for review and validation in a timely manner. Prepare the documentation required by the County Assessor for requests for exemption from property tax and include your recommendations. Maintain and update the property characteristics of all exempt property in your jurisdiction's database and Hennepin County's exempt file database annually. Utilize and maintain data in the County Ag Program and report appropriate 2a and 2b acreage breakdowns for abstracts and other related programs. Coordinate creation and cancelling of personal property accounts and transfer of valuation and classification data with the appropriate Hennepin County staff. Verify ownership of qualifying property and track all Contiguous Indicators. Maintain a contiguous ownership list noting primary ownership parcels and the secondary parcels, which would have the "Yes" indicator [higher tax capacity] through sales ownership verification. Assessment Submission Requirements: Coordinate the submission of your annual assessment with Hennepin County Staff, dates should be determined by mid-October. All prescribed documents must be submitted in the requested format and timeline, including, but not limited to: •Time adjustments, any breakdowns of the time adjustment used and corresponding MCAP ratios. Preliminary time adjustments and sale code chänge requests for all filed CRV's should be submitted in September o Electronic copies of the Residential & CIA Assessment Summary Forms, including statistics and ratios O Certification of Quintile and 5 year Quintile Plan — See HC Quintile Plan o Electronic report listing all PIDs and sub-records with required data •7 Step forms for CIA as necessary O List of staff with role and designation, involved in the creation of the assessment Hennepin County provides a common email address which shall be used for submitting all assessment documentation: aO.annualfiles@co.hennepin.mn.us Commercial, industrial, apartment (CIA) and corresponding vacant land assessment data must be submitted in electronic spreadsheet format for review and approval by Hennepin County staff prior to submitting the entire assessment. (See attached Exhibit A for specific details) This is a preliminary list. Complete instructions will be provided during a HAM Meeting or similar event.. I Appraisal Requirements: Physically inspect and revalue approximately 20% of all real property and personal property, as required by statute on an annual basis. All properties must be physically viewed in a 5 year cycle. See HC Quintile Plan for additional information. Page 3 of 7 Physically inspect and value all new construction, additions, and renovations each assessment year and submit new construction amounts with the initial assessment. •History surrounding the new construction, including, detail of the improvement, calculations, etc. must remain in the property record file for a minimum of 3 years after the initial assessment. Value all taxable parcels annually to meet assessment requirements set by the County Assessor and Department of Revenue. Value all exempt properties on a 6-year cycle. All valuations should be generated using generally accepted appraisal methodology, considering the highest and best use [HBU], and value in exchange. Maintain updated property records for all taxable and exempt properties in your jurisdiction's database and with Hennepin County on an annual basis. Property records should include the following information: •Current and historical classification, valuation and improvement amounts •Property characteristics •New construction and partial completion documentation •Inspection and characteristic change history •Property photo and building sketches, preferably stored in digital format o Photo(s) must represent the current condition of improvements as of the assessment date. o Building sketch(s) should be scalable, drawn on graph paper or electronic sketching program and must represent status of all improvements as of the assessment date. Copies of site plans, blue prints, etc. are not building sketches. •The scalable sketch is used to determine size cif improvements. •Building sketches must show detail of all improvements. •Residential sketches must show additions, decks, patios, porches, etc. All jurisdictions will maintain a five year plan to complete the quintile and a yearly work plan for submission by April 1 each year, which identifies: •Neighborhoods, property types and the location of each of annual quintile which will be completed in the 5-year cycle, either by map &/or spreadsheet •Sequence of tasks for the year, including plans to rectify items of concern identified by Hennepin County during the assessment approval process or other discussions, or by the Property Tax Compliance Officer or State Board of Appeal and Equalization Sales Verification All sales in the assessor's jurisdiction shall be verified by the assessor or their appropriate staff members. •Sales verifications and sale code changes should be completed and submitted to Hennepin County according to the prescribed procedures and timeframe in order meet the requirements set by Hennepin County and the Department of Revenue. •Concerns should be promptly communicated via the common email address for submitting all eCRV/CRV documentation: ao.crv@co.hennepin.mmus Page 4 of 7 •To change a residential sale after initial clerical screening, complete the Hennepin County Sales Code Change Request Form and provide appropriate documentation. •ACE should be completed for all CIA sales as soon as a determination is made on the sale code, regardless of buyer/seller communication or lack thereof. •There will be times just prior to final CRV pickup in which the assessor will be expected to process CRV's on a daily basis. The County Assessor has final authority in all sales verifications. Any questions to the Department of Revenue shall be submitted through the County Assessor. Local Board of Appeal and Equalization Conduct valuation reviews prior to the Local Board of Appeal and Equalization (LBAE) meeting, attend and participate in your LBAE meeting, perform review appraisals as requested by the LBAE. Any party that contacts the assessor prior to a local board, or who attends a LBAE meeting without an appointment, must be permitted to participate in the appeal process at the local level. Adhere to the DOR Handbook "Board of Appeal and Equalization Training" Additional re uirements for Count staff and urisdictions under 30,000: In an effort to make our processes more consistent, all local and county-assessed jurisdictions will follow the same assessment submission procedures, processes and timelines. These processes include: •Following the Hennepin County Residential and Commercial Assessment Checklist •Preliminary land submissions for residential parcels in September •Timely completion of sales verifications to aid in accurate time adjustment calculations •Meeting with County Assessor representatives prior to assessment submission to review •completion of the Assessment Checklist and assessment levels Use Hennepin County CAMA, Mobile Assessment Integration application (MAI), Apartment Calc, Rescalc and the Ag/Multi-subrecord Program as provided. •Utilize prescribed methodologies for valuation of residential land using neighborhood and site adjustment methodology and for lakeshore, using effective frontage and lake- bay-ratings •Enter all characteristic changes and inspection data into the Mobile Assessment Integration application (MAI) and timely submit changes Hennepin County staff. •Utilize and maintain Apartment calc program as prescribed by Hennepin County •Utilize and maintain data in the County Ag Program and report appropriate 2a and 2b acreage breakdowns for abstracts and other related programs •Hennepin County computer usage guidelines must be followed by anyone using Hennepin County hardware or equipment. Page 5 of 7 Deficiencies: The County Assessor will initiate the deficiency process if there is any evidence of non- compliance with the procedures listed in this document or frequent inaccuracies in the quality/quantity of work submitted by any assessing jurisdiction. (M.S. 273.061 subd. 8) The deficiency process is as follows: •A written warning will be given to the assessor, when appropriate for the level of infraction. The warning will identify the infraction and, as appropriate, detail future expectations of performance and behavior, specific corrective action and a compliance date. •For repeated or more significant deficiencies a written warning will be given to the assessor with copy of said warning sent to city administration, city council and the county board. The warning will identify the infraction and, as appropriate, detail future expectations of performance and behavior, specific corrective action and a compliance date. •• Failure to remedy the infractions as directed in the warning, by the' prescribed date will require corrective actions by the County Assessor, with billing to the jUrisdiction for the full cost of correcting the deficiency. Page 6 of 7 CIA Submission Requirements Spreadsheet must present final 1/2/2014 values and property attributes Exhibit A Specific requirements for all Commercial, Industrial, Apartment, and Corresponding Vacant Land Property •Submit your properties in an electronic spreadsheet format by city (Excel is required) with the minimum data elements listed below. •One spreadsheet should contain the data elements for the property types; A, AX, HF, HL, NH, and LA. •One spreadsheet should contain the data elements listed below for the property types; C, I, LC, LI, MH, NP, SR, GC and U. These spreadsheets should include all taxable real property and personal property account parcels. Parcels that have billboards, cell towers, hangers, railroad leases, etc. should be included in these spreadsheets. •Each parcel should indicate a "new" use code from the list dated 8/14/2013. Each sub record should have a use code relevant to it. Multiple sub record parcels may have a different use code for each sub record. •Hennepin County will provide the taxable value on golf courses and clubhouses. City Assessor's will provide the estimated market values. •Hennepin County will aid assessors in the valuation of manufactured home parks and marinas. Minimum data elements for Commercial, Industrial, Apartment, and Corresponding Vacant Land Property [Required Order] 1.Property ID Number 25.Number of Units (Nursing Homes, 2.'Address Hotel/Motels, Marinas, etc.) 3.Project Name 26.Sale Price (In past 5 years) 4.Owner Name 27.Sale Date 5.Property Type 28.Acceptance or Reject Numeric Code 6.Subrecord [one subrecord per line]29.Petitioned (Y / N) (In past 3 years) 7.Zoning 30.Settlement Value 8.Contiguous Indicator [Y or N]31.2012 Land Value 9.Gross Land Area 32.2012 Building Value 10.Usable Land Area 33.2012 Total Value 11.Use Code 34.2013 Land Value 12."New" Use Code (Based on list dated 35.2013 Building Value 8/14/2013)36.2013 Total Value 13.Market Class of Property (i.e. class A 37.2014 Land Value office bldg)38.2014 Building Value 14.Construction Year 39.2014 Total Value 15.Effective Age 40.2014 Land Value per Useable Land Area 16.Clear Height 41.2014 Total Value per Unit Comparison 17.First Floor Area (FFA)A. Total Value S/GBA 18.Total Floor Area (TFA)B. Total Value $/NRA 19.Gross Building Area (GBA)C. Total Value $/Unit 20.Net Rentable Area (NRA)42.Percent Change Increase or (Decrease) 21.Mezzanine Area 2014 over 2013 value 22.Basement Area 43.2014 Improvement amounts 23.Office Percent (Industrial Properties)44.Comments* 24.Number of Units (Apartments) *Any other comments to assist the reviewer in understanding and explaining what was done to set the (2014) current year assessment. Page 7 of 7