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HomeMy WebLinkAbout2014 09-22 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 22, 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 Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center September 22, 2014 AGENDA REVISED 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.August 27, 2014— Joint Work Session with Financial Commission 2.September 3, 2014 - Joint Work Session with Financial Commission 3.September 8, 2014 - Study/Work Session 4.September 8, 2014 - Regular Session b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2014-05, Water Treatment Plant d. Resolution Approving a Limited Lease for BC Liquor at 3615 48111 Avenue North, Brooklyn Center, MN 55429 e. Approval of Site Performance Guarantee Release for Luther Brookdale Toyota and Honda Dealership Sites, 6700 and 6800 Brooklyn Boulevard CITY COUNCIL AGENDA September 22, 2014 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a. Continued Special Assessment Hearing for Proposed Special Assessments for Nuisance Abatement Costs and Vacant Building Registration Costs 1.Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls 2.Resoution Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to reopen Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 1309 68th Lane North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. b.Consideration of Type IV 6-Month Provisional Rental License for 7018 Irving Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. C. Consideration of Type IV 6-Month Provisional Rental License for 6900 Quail Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- September 22, 2014 d.Consideration of Type IV 6-Month Provisional Rental License for Victoria Townhouses, 6740 Grimes Place Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. e.Consideration of Type IV 6-Month Provisional Rental License for 3413 62nd Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. f.Consideration of Type IV 6-Month Provisional Rental License for 5517 Knox 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. g.Consideration of Type IV 6-Month Provisional Rental License for 4204 Lakebreeze Avenue 1. Resolution Approving a Type IV Rental License for 4204 Lakebreeze Avenue Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -4- September 22, 2014 h. Consideration of Type IV 6-Month Provisional Rental License for 5706 Camden Avenue North 1. Resolution Approving a Type IV Rental License for 5706 Camden Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. Hearing for Ming Yao Zheng Regarding Rental Property Located at 6830 Perry Avenue North 1. Resolution to Revoke a Rental Housing License for 6830 Perry Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for property located at 6830 Perry Avenue North or adopt proposed resolution to revoke the rental license. 11.Council Report 12.Adjournment Agenda Items Tabled Tobacco Related Products License for Value Foods, 6820 Humboldt Avenue North —This item was tabled at the September 8, 2014, meeting, until the applicant has resolved the court case. EDA MEETING City of Brooklyn Center September 22, 2014 AGENDA Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. September 8, 2014 4.Commission Consideration Items a. Resolution Approving and Authorizing the Execution of Grant and Sub-Grant Agreements for Environmental Cleanup (Howe Fertilizer Site) Requested Commission Action: —Motion to adopt resolution. 5.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 27 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson (arrived at 6:33 p.m.), Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Community Activities, Recreation and Services (CARS) Director Jim Glasoe, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Anna Burke, Dan Schueller, James Schulz, and Dean Van Der Werf (arrived at 6:33 p.m.). Councilmember Ryan moved and Councilmember Myszkowski seconded to approve this evening's agenda. Motion passed unanimously. 2015 GENERAL FUND REVIEW City Manager Curt Boganey discussed the purpose of this evening was to share information from staff regarding the General Fund revenues, expenditures, and department operating goals. At the July 21, 2014, City Council Budget Work Session with the Financial Commission a budget overview was presented that included current financial results, strategic priorities, operating budget policies, and property tax implications based on preliminary department budget requests. At this time, the requested City property tax levy is $4,778,030 which is a $417,060 (2.90 percent) levy increase. A one percent change in the 2015 requested property tax levy is approximately $144,000. The Housing and Redevelopment Authority Levy is limited to .01813% of taxable market value of the City. Total requested General Fund Revenues/Expenditures for 2015 are $19,402,601, which is an increase of $936,351 from the previous year. In the upcoming Work Sessions, departments will be presenting their budget requests and discussing departmental operating spending plans related to strategic priorities and operating goals. Department Heads will also provide further analysis on their budget requests and be able to respond to specific City Council/Financial Commission questions. The City Council will be asked to provide consensus on department goals or further guidance on the results desired, based on feedback from departments 08/27/14 -1- DRAFT Finance Director Nate Reinhardt outlined a PowerPoint Presentation on the 2015 General Fund. Public Works Director/City Engineer Steve Lillehaug outlined the Public Works Department Mission, Department Description, Staffing, Strategic Function, Annual Goals and Strategies, Annual Goal Performance Measures, Key Initiatives, and Budget Highlights. CARS Director Jim Glasoe outlined the CARS Mission, Department/Division Description, Staffing, Strategic Functions/Divisions, Key Initiatives, Annual Operating Goal Performance Measures, Capital Outlay, and Budget Highlights. UPDATES ON PREVIOUS DISCUSSION ITEMS City Manager Boganey discussed the updates that were included with agenda packet in regards to questions raised at the July 7, 2014, Budget Work Session. FUTURE BUDGET DISCUSSIONS Listed with the agenda packet were future budget discussions which included September 3, 2014, and September 8, 2014. September 3, 2014, would be the continued discussion of the General Fund Budget requests and September 8, 2014, would be the regular City Council meeting where the Preliminary Budget and Levy is considered. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 8:00 p.m. Motion passed unanimously. 08/27/14 -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 JOINT WORK SESSION WITH FINANCIAL COMMISSION SEPTEMBER 3, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan, Councilmember Carol Kleven was absent and excused. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Business and Development Director Gary Eitel, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Aima Burke, Steve Landis, Rex Newman, James Schulz, and Dean Van Der Werf. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve this evening's agenda. Motion passed unanimously. DEPARTMENT BUDGET REQUESTS City Manager Curt Boganey discussed a PowerPoint outlining the Mayor and City Council's Department Description, 2015 Key Initiatives, Principal Spending, Personnel and Capital, Performance Objectives, and Budget Impacts. He also outlined the Administration Department's Description, Staffing, Strategic Functions, Key Initiatives, Performance Objectives, and Budget Impacts. Finance Director Nate Reinhardt discussed a PowerPoint outlining the Finance Division's Responsibilities, Staffing, Budget Requests, Key Initiatives, and Performance Objectives. There was conversation regarding the long term forecasting objectives, electronic advances (going to paperless agendas), and the benefits for on-line utility accounts. Police Chief Kevin Benner discussed a PowerPoint outlining the Police Department's Mission, Department Description, Staffing, Strategic Functions for Administration, Investigation, Patrol, Community Service, and Support Service Divisions, Key Initiatives, Annual Goals and Strategies, Goal Performance Measures, Budget Items, and Challenges Faced Today. There was conversation regarding the Auto Theft Officer grant funded position, violent crime ratio (City to Hennepin County); and the ongoing opportunities the department is accessing to help with diversity. 09/03/14 -1- DRAFT Fire Chief Lee Gatlin discussed a PowerPoint outlining the Fire Department's Mission, Strategic Functions, Staffing, Key Initiatives, Performance Objectives, and Budget Highlights. There was conversation regarding vehicle replacements, the salary for the Full Time Deputy Chief position, and the new programs being developed. Business and Development Director Gary Eitel discussed a PowerPoint outlining the Business and Development Department's Mission, Department Descriptions, Staffing, Key Initiatives, Strategic Functions, Annual Goals and Strategies, and Goal Performance Measures. He also outlined the Economic Development Authority's Mission, Description, Key Initiatives, Staffing, Strategic Functions, Annual Goals and Strategies, and Goal Performance Measures. There was a request to possibly have the department heads and members of the Brooklyn Center Business Association (BCA) attend a brainstorming session regarding safety within businesses. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning discussed a PowerPoint outlining the Building and Community Standards Department's Mission, Department Description, Staffing, Strategic Functions, Key Initiatives, Goal Performance Measures, and Budget Summary. It was noted there has been positive feedback on improved neighbors due to all the initiatives in place. UPDATES ON PREVIOUS DISCUSSION ITEMS Finance Director Reinhardt distributed and outlined updated numbers on property market values and property tax implications based on the proposed levy that will be placed on the September 8, 2014, City Council Agenda. FUTURE BUDGET DISCUSSIONS Listed with the agenda packet were future budget meetings which included September 8, 2014, and October 6, 2014. September 8, 2014, would be the regular City Council meeting where the Preliminary Budget and Levy is considered and October 6, 2014, would be discussion on the Special Revenue, Debt Service, and Internal Service Funds. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 9:22 p.m. Motion passed unanimously. 09/03/14 -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 STUDY/WORK SESSION SEPTEMBER 8, 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey requested that Agenda Item 6d be removed from the Regular Session Agenda so that City staff can address unresolved issues related to the land title for the water treatment plant site. It was the majority consensus of the City Council to remove Regular Session Agenda Item 6d from the September 8, 2014, Regular Session Agenda. MISCELLANEOUS There were no miscellaneous issues to discuss. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PAPERLESS AGENDAS Mr. Boganey stated the City Council requested that City staff explore the possibility of paperless agendas for City Council meeting packets. He presented a report compiled by the International City/County Management Association (ICMA) regarding organizations that have gone paperless. He stated the City Council had received the report in advance, and he requested their comments and feedback. He noted that City Clerk Sharon Knutson and IT Manager Patty Hartwig were present to answer questions and provide information, as they would be primarily involved in the implementation of any changes to the current process. 09/08/14 4- DRAFT Councilmember Lawrence-Anderson thanked City staff for researching the issue and compiling information for review. She stated paperless meeting packets would be more efficient and cost effective, and all the necessary documents can be reviewed electronically in any case. She noted the ICMA's report concluded that there is significant cost savings associated with going paperless. Councilmember Myszkowski stated the School Board went through a similar change when she was a Board member, and the District purchased laptops for them. She added it took a significant amount of time to become comfortable using the laptop. She noted the City Council could pursue a compromise, including a trial period. Councilmember Ryan stated he appreciates the concept of paperless meeting packets. He expressed concern that it would be City staff's responsibility to provide technical help to the City Council, as well as purchasing and maintaining the laptops or tablets. He added he is often more comfortable reviewing hard copies of documents. He questioned whether it is wise or necessary to go completely paperless, especially in light of City staffs current workload during an election year. Mayor Willson stated he supports the notion of a paperless meeting packet, as less paper and ink would be used for printing, and the Police Department would no longer be required to hand- deliver the packet. He added, as with any project, the most important issue is funding and potential cost savings. He asked whether City staff had any opinion on the matter. Mr. Boganey stated City staff has researched the issue and presented relevant facts to the City Council in an effort to gather their perspective. Councilmember Ryan stated he would like to see details of potential cost savings, which would be a strong argument in favor of paperless packets. He noted the City Council would need to receive sufficient technical training. Mayor Willson stated many questions would need to be addressed regarding hardware and software requirements, and whether City staffs IT needs would take priority over technical support for the City Council. He added he would prefer a transition to total paperless meeting packets for the whole City Council. Councilmember Lawrence-Anderson stated she would like to see more cost analysis. She added any related financial impact should be considered over the four-year City Council term. Mr. Boganey agreed to provide specifics regarding the costs associated with paperless meeting packets for the City Council's review at an upcoming meeting. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m. 09/08/14 -2- DRAFT RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:47 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:48 p.m. 09/08/14 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 8, 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrene-Anderson read a verse of lyrics from the song "Imagine" by John Lennon (Imagine, 1971). She recognized U.S. troops and their families throughout the world for their contributions and sacrifices. She requested a moment of silence in their honor as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 09/08/14 -1- DRAFT Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6d, Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2014-05, Water Treatment Plant, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 25, 2014— Study Session 2.August 25, 2014 - Regular Session 3.August 25, 2014— Work Session 4.August 25, 2014 - Executive Session 6b. LICENSES MECHANICAL B & B Plumbing LLC 25593 109th Street NW, Zimmerman Carter Custom Construction 3276 Fanum Road, Vadnais Heights Faircon Service Company 764 Vandalia Street, St. Paul Peterson Pinney, Inc. 4151 Coon Rapids Blvd, Coon Rapids RENTAL INITIAL (TYPE III - two-year license) 2001 54th Avenue N Ying Que 7036 Morgan Avenue N Lillian McDonald INITIAL (TYPE II - tvvo-year license) 1600 7lst Avenue N 6907 Grimes Avenue N 6907 Palmer Lake Drive W RENEWAL (TYPE III— one-year license) 5924 June Avenue N 4207 Lakeside Avenue #322 RHA 3,LLC Jack Zheng RHA 3,LLC Tou Vue - Missing ARM Meeting Paul Swedberg 09/08/14 -2- DRAFT 5319 Northport Drive 7024 Oliver Circle RENEWAL (TYPE II— two-year license) 4309 63 d N 4416 69th Avenue N 7025 Drew Avenue N 3024 Nash Road 6812 Scott Avenue N Mindy Jean Mazzuco Juliana Koe Kyle Dalton Eugene & Diane Wright Dave Swartout James Hardy Morgan Lankia Lartey RENEWAL (TYPE I— three-year license) 3141 49th Avenue N Manoj Moorjath 5655 Northport Drive Cindy & Raymond Scherbing 6e. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH AND SCHOOL, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD OCTOBER 3, 2014 6d.Item was removed from the agenda. 6e.RESOLUTION NO. 2014-118 AUTHORIZING THE EXECUTION OF A LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNTING FIRM FOR PROFESSIONAL AUDIT SERVICES 6f. RESOLUTION NO. 2014-119 PROVIDING FUNDING TO SUPPORT THE BROOKLYN BRIDGE ALLIANCE YOUTH EMPLOYMENT INITIATIVE 6g. RESOLUTION NO. 2014-120 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 61i. ORDINANCE REGULATING SIGNS THAT ARE WORKS OF PUBLIC ART; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34-140 —Approve first reading and set second reading and Public Hearing on October 13, 2014. 6i.RESOLUTION NO. 2014-121 AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A HUB FAIR HOUSING COMPLAINT 6j.RESOLUTION NO. 2014-122 AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A PETITION TO AMEND MINNESOTA RULE 3535 Motion passed unanimously. 09/08/14 -3- DRAFT 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2014 AS NATIONAL RECOVERY MONTH. Mayor Willson read in full a Proclamation declaring the month of September 2014 as National Recovery Month. Mayor Willson stated he has been asked to participate in a panel discussion with other recovery advocates at the White House on September 17, 2014, hosted by the Office of National Drug Control Policy (ONDCP). Councilmember Myszkowski thanked Mayor Willson for his leadership and dedication to recovery advocacy, and for turning his personal tragedy into momentum for change and awareness. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt a Proclamation Declaring the Month of September 2014 as National Recovery Month. Motion passed unanimously. 7b.RESOLUTION NO. 2014-123 EXPRESSING RECOGNITION AND APPRECIATION OF JEFFREY FRYBARGER FOR OVER 29 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of City employee Jeffrey Frybarger, who is retiring from his position within the Brooklyn Center Fire Department after 29 years of service. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-123 Expressing Recognition and Appreciation of Jeffrey Frybarger for Over 29 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 7c. PRESENTATION AND RECOGNITION OF FIREFIGHTER DAVE DUSTIN Mayor Willson read in full a posthumous Proclamation in recognition of Firefighter Dave Dustin. He presented the Proclamation to the family of Dave Dustin. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve a Proclamation of Recognition of Firefighter Dave Dustin. Motion passed unanimously. 8. PUBLIC HEARINGS 09/08/14 -4- DRAFT 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item and summarized the process for the City to specially assess public nuisance abatement costs, administrative vacant building registrations, administrative fines, citations, and delinquent utilities. She reviewed the procedure for property owner notification and public hearing. She recommended holding the Public Hearings for all three special assessments simultaneously, and if an assessment is appealed, action on that property will be continued to allow time for staff review and report at the September 22, 2014, City Council meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Wade Klick, 17003 Weaver Lake Drive, Maple Grove, stated he is the owner of the property at 6300 France Avenue North, Brooklyn Center. He added he received a final notice for Special Assessments, but had never received the first two notices. He noted the third notice came via certified mail, but the first two notices did not. He expressed concern with regard to the process. Mr. Klick stated his current address was available on the rental application. He added his tenants speak Spanish, and the Special Assessment notices should be written in both English and Spanish. Queena Sloan, 7882 83rd Court North, Brooklyn Park, stated she is the owner of the property at 5914 Fremont Avenue North, Brooklyn Center. She added neither she nor her rental management company received notices. She noted her current address is on the rental application. She expressed concern that she should not be responsible for the increased fees because she did not receive proper notice. Mr. Boganey requested clarification regarding the alleged violations. Ms. Sloan stated she was required to produce a document necessary for completion of the rental application. William Leyman, 7236 Riverdale Drive, Brooklyn Center, stated he received a Special Assessment notice for tall grass and weeds in his back yard. He added the photos were taken over the top of a privacy fence. Rodney Birosh, 5331 Camden Avenue North, stated he paid fines earlier in 2014 for a trailer on his property that is not visible from the street or his neighbor's yard. 09/08/14 DRAFT . q(0 Mr. Birosh stated that City staff advised him to pay the fine and avoid lengthy delays which would increase his total levy amount. He added City staff indicated that the City Council would approve the Special Assessments. James Elliott, 3713 Zenith Avenue North, Robbinsdale, stated he is the owner of the property at 5316 Logan Avenue North, Brooklyn Center. He added he was fined by the escrow company because they recorded the property as vacant although he was in the process of renovating the home. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. City Attorney Charlie LeFcverc recommended a single motion to encompass all special assessments as the Public Hearing was held for all three resolutions. It was the general consensus of the City Council to adopt the three resolutions pertaining to special assessments under one motion. 1.RESOLUTION NO. 2014424 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2.RESOLUTION NO. 2014-125 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION NO. 2014-126 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt the following: RESOLUTION NO. 2014-124 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls, with the exception of the following properties: 6300 France Avenue North, 5914 Fremont Avenue North, 7236 Riverdale Road, and 5331 Camden Avenue North, and continue the Public Hearing for those properties; RESOLUTION NO. 2014-125 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls, with the exception of the following property: 5316 Logan Avenue North, and continue the Public Hearing for this property; and, RESOLUTION NO. 2014-126 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. 09/08/14 -6- DRAFT 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mayor Willson stated the staff memo related to this agenda item indicates a consistent annual increase in the total number of delinquent accounts as well as the dollar value of assessments. He expressed concern with regard to the subsequent financial impact of these increases. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2014-127 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014 -127 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS lOa. PRELIMINARY 2015 LEVY AND BUDGET Finance Director Nate Reinhardt introduced this item and reviewed the proposed establishment of a maximum levy and preliminary budget for 2015. He added City staff recommends the adoption of a resolution to establish the preliminary property tax levy for 2015 fiscal year, as well as a resolution to adopt the preliminary budget for those funds. 09/08/14 -7- DRAFT 1.RESOLUTION NO. 2014-128 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2015 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-128 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2015. Motion passed unanimously. 2.RESOLUTION NO. 2014-129 ADOPTING A PRELIMINARY BUDGET FOR THE 2015 FISCAL YEAR Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-129 Adopting a Preliminary Budget for the 2015 Fiscal Year. Motion passed unanimously. Mayor Willson expressed his appreciation of City staff's comprehensive review of the budget, along with input from the Financial Commission. Councilmember Myszkowski thanked Mr. Reinhardt for his clear and well-presented review of this issue, especially as he is relatively new to City staff. lOb. TOBACCO RELATED PRODUCTS LICENSE FOR VALUE FOODS, 6820 HUMBOLDT AVENUE NORTH Mr. Boganey introduced this item and reviewed a tobacco related products license submitted by Abdou Wahab Jaiteh for Value Foods, 6820 Humboldt Avenue North. He stated a new standard was implemented under the current licensing ordinance, and applicants are required to prove that they have not been convicted of any violation within the last 5 years. Mr. Boganey stated the applicant was cited for sale of tobacco to a minor in 2013, as well as another employee in May 2014. He added the City Attorney has given the applicant the opportunity to resolve the outstanding citation. He noted the applicant has declined the offer and requested a public defender, and a court case has been scheduled for October 21, 2014. Mr. Boganey stated City staff recommends that this license application be denied until the outstanding citation is resolved. Mayor Willson stated the case is not technically subject to the citation rule as the applicant has not been convicted. 09/08/14 -8- DRAFT Mr. LeFevere stated the matter could be tabled and resolved after the City Council's November 10, 2014, meeting. Police Chief Kevin Benner expressed concern that the court case has been delayed multiple times and could extend into 2015. Mayor Willson stated he would support tabling the issue, as he would prefer to wait it has been reviewed by the courts. Councilmember Lawrence-Anderson stated she supports tabling the issue. Councilmember Myszkowski stated tabling the issue might indicate an assumption of guilt. Councilmember Lawrence-Anderson asked whether the applicant's licenses would be revoked if he is found guilty. Mr. Boganey stated the applicant would not be eligible for license renewal for 5 years. Councilmember Ryan moved and Councilmember Myszkowski seconded to table the license application for Value Foods, 6820 Humboldt Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • August 28, 2014, Interview Committee for City Financial Auditor; MMKR selected for the next 3 years • September 3, 2014, City Council Budget Work Session with Financial Commission • September 4, 2014, Lions Club Business Meeting to organize fundraising for charitable causes • September 9, 2014, Metro Cities Transportation Policy meeting • September 12, 2014, Crime Prevention Association Book Sale pre-sale ($3 entry) from 4:00 8:00 p.m. at Cross of Glory Lutheran Church • September 13, 2014, Crime Prevention Association Book Sale Fundraiser from 9:00 a.m. - 3:00 p.m. at Cross of Glory Lutheran Church • September 13, 2014, West Fire Station Open House, 9:00 a.m. - 2:00 p.m. • September 13, 2014, Grand Opening of North Memorial Clinic, 5615 Xerxes Avenue North Suite D, from 10:00 a.m. - 1:00 P.M. • September 18, 2014, Proclamation of Grand Chapter of Masons' Annual Convention - filling in for Mayor Willson • September 18, 2014, Firehouse Park Neighborhood Meeting, 6:00 - 8:00 p.m., opening remarks - filling in for Mayor Willson Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: 09/08/14 -9- DRAFT August 27, 2014, City Council Budget Work Session with Financial Commission September 3, 2014, City Council Budget Work Session with Financial Commission September 13, 2014, Grand Opening of North Memorial Clinic - food shelf donations will be accepted, 1t 400 children will receive a plush toy Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • September 3 and September 8, 2014, Brooklyn Center Business Association meeting • September 12, 2014, Crime Prevention Association Book Sale pre-sale at Cross of Glory Lutheran Church • September 13, 2014, Crime Prevention Association Book Sale Fundraiser at Cross of Glory Lutheran Church • September 3, 2014, "Highway 100, Lilac Way" airs on PBS Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 27, 2014, City Council Budget Work Session with Financial Commission • August 28, 2014, Interview Committee for City Financial Auditor; MMKR selected • August 30, 2014, Key Note Speaker at Liberian Convention, hosted by Kru Tribe • September 3, 2014, City Council Budget Work Session with Financial Commission • September 10, 2014, "Mayor's Minute" videotaping at Cable TV 12 • September 13, 2014, West Fire Station Open House • September 13, 2014, Grand Opening of North Memorial Clinic • September 17, 2014, National Drug Control Policy Panel at the White House, Washington, D.C. • September 18, 2014, City Council Budget Work Session with Financial Commission • September 18, 2014, Firehouse Park Neighborhood Meeting, will arrive late 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 09/08/14 -10- DRAFT City Council Agenda Item No, 6b I[I1IJ[iJ I fl I N ak'A U'A I Dk (I) t11I 1IJhYA I DATE: September 16, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk(flf(— SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 22, 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. RENTAL See attached report. iWission: Eusuring an attractive, clean, safe, inclusive community that enhances the qualiti' of life for all people and preserves the public trust [i1II(iJ I i I Di'4 V '4 I I4O) 1I 1IJ1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only)_________________ Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Number of Units Category No Category I 1-2 Impact 3-4 units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0 -1 5 or more units 0-0.3 5- Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. iWission: Ensining an attractive, clean, soft, inclusive community that enhances the quality of hfe fin- till people and preserves the public trust z -oa)4-.U) a)-Q -oCMa)Li a)U) 0'I- a) a)Li>0 H itci) — a) ci). 0. 0.(ci 4-,0 coCa)>- U) IIa) —U) —C a)a) 0.. >.-J I- (ci CL Ic a) o >- Li U) U)Ca) - 0o a)CL a)a)C(i) 0 a) U)0'4- 0C bO a) (3) U)UI 03%_ U)0U_ a) CII a)UI . .EU.. ..J *° * ** * * U)a)xa)4- >. a)0.0 0. 0C a) U)a) 4-. >.4-,UC09-.Ca) Lia) (a 1/) * a) 0. 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Background: Bids for the Water Treatment Plant, Project No. 2014-05, contract were received and opened on August 20, 2014. The bidding results are tabulated below: Bidder Total Knutson Construction Services $18,066,120.50 Municipal Builders, Inc. $18,180,001.00 Gridor Construction, Inc. $18,748,658.70 Of the three (3) bids received, the lowest bid of $18,066,120.50 was submitted by Knutson Construction Services of Minneapolis, Minnesota. Knutson Construction Services has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project as indicated in the attached recommendation letter dated August 26, 2014, from Bolton & Menk, Inc. (BMI). The award of bid was anticipated to be granted at the September 8, 2014, City Council meeting. However, a minor glitch was recently discovered on the property deed which did not specifically prescribe a "water treatment plant" as an allowable use on the proposed water treatment plant property, which was acquired through tax forfeiture proceedings. While the City went through the formal process to add the indicated use, and approval was granted by the County in 1982, the County has no record of it and it is not indicated as such on the deed. The City has subsequently provided the County original copies of the documents and will proceed to update the deed as required. Budget Issues: The bid amount of $18,066,120.50 exceeds the pre-bid estimated construction cost and contingency total amount of $17,015,600. The updated total estimated project amount including contingencies, administration, engineering and legal is $19,980,352.50, which is 7.9 percent above the pre-bid estimated amount (see attached Resolution - Costs and Revenues tables). The additional cost will be factored into proposed water utility rates, which are expected to be finalized and adopted later this year for implementation in 2015 Contributing factors to the higher than expected bids are most likely a result of increased material costs, labor costs and the backlog of work in the local construction economy of Minnesota and North Dakota. While the bid amounts exceed the pre-bid estimated amounts, the Minnesota Public Facilities Authority (PFA) has indicated that the increased project budget amount qualifies for full loan coverage under the PFA program. PFA staff has indicated that other recently received similar project bids have 4Iissioi,: Ensuring an (ttII'(!CIIL', CIL(IJl Soft?, inclusive coininujuir that enlunicos the quality of life for all people and preserves the public trust [i[I1IJ[iJ I II k'A Uh!A I D [I] 1I I1SJh'A I seen similar significant cost increases. It should also be noted as indicated in the attached BMI memo that if the bids were rejected, it is highly likely that a re-bidding of the same project would result in even higher costs due to increasing construction costs. Strategic Priorities: e Financial Stability Mission: Ensuring (tit attractive, clean, safe, indusivL' community that enhances the quality of life for all people ant/preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-05, WATER TREATMENT PLANT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2014-05, bids were received, opened, and tabulated by the City Clerk and Engineer on the 20th day of August, 2014. Said bids were as follows: Bidder Total Knutson Construction Services $18,066,120.50 Municipal Builders, Inc. $18,180,001.00 Gridor Construction, Inc. $18,748,658.70 WHEREAS, it appears that Knutson Construction Services of Minneapolis, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Knutson Construction Services of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2014-05, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $16,275,791.00 $18,066,120.50 Contingency $ 739,809.00 $ 500,000.00 Subtotal Construction Cost $17,015,600.00 $18,566,120.50 Engineering (Bolton Menk) $ 1,089,176.00 $ 1,131,500.00 MCES SAC $ 132,732.00 $ 132,732.00 Other AdminlLegal/Engr. $ 284,492.00 $ 150,000.00 Total Estimated Project Cost $18,522,000.00 $19,980,352.50 RESOLUTION NO. REVENUES Estimated PFA Loan $18,254,000.00 Water Fund Operating Budget (SCADA)$ 34,000.00 San, Fund Operating Budget (SCADA) $ 34,000.00 Sales Tax Capital Refund $ 200,000.00 Total Estimated Revenues $18,522,000.00 Amended ner Low Bid $19,662,352.50 $ 34,000.00 $ 34,000,00 $ 250,000.00 $19,980,352.50 September 22, 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. Consutng Engineers & Surveyors 2035 County Road D East • Suite B Maplewood, MN 55109-5314 Phone (651)704-9970. Fax (651) 704-9971 www.bolton-menk.com August 26, 2014 Mr. Steven L. Lillehaug, P.E. Director of Public Works/City Engineer City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2113 RE: Bids Received - Water Treatment Facilities City of Brooklyn Center, Minnesota City Project Improvements No. 2014-05, Contract No. 14-B BMI Project No. N21.107570 Dear Steve, On August 20, 2014, three bids were received for the construction of the Water Treatment Facilities project. The base bids ranged from $18,066,120.50 to $18,748,658.70. The difference between the low and high bids were less than 4 percent. The low bid was submitted by Knutson Construction, Inc. The bid results are listed below and the bid tabulation is attached for your information. We discovered minor addition errors in two of the unit price bid schedules and corrected them as allowed by the bidding documents. Bidder Submitted Total Bid Amount Corrected Total Bid Amount Knutson Construction Services $18,066,021.00 $18,066,120.50 Municipal Builders $18,180,000.00 $18,180,001.00 Gridor Construction $18,748,658.70 $18,748,658.70 The Engineer's Opinion of Probable Construction Cost was $17,015,600.00 which is approximately 6 percent less than the low bid amount. There are certain market factors that have increased construction costs in recent months as follows: 1.Local Construction Economy - The construction economy in Minnesota and North Dakota are booming with multiple, large scale projects which have driven up construction costs in our region. Most general contractors have sufficient backlog of work and have the benefit of bidding projects at higher prices as a result. 2.Labor - A booming construction economy decreases the supply of qualified labor and specialized trades. As a result, the average cost of labor for general contractors and subcontractors has increased significantly. DESIGNING FOR 4 BETTER TOMORROW Bolton & Menk is an equal opportunity employer , Mr. Steven L. Lillehaug, P.E. August 26, 2014 Page 2 3.Steel - The average cost of steel has increased by almost four percent in the past year. This project includes major quantities of steel with structural reinforcement and miscellaneous metals. 4.Concrete - The demand for concrete has increased significantly in the Twin Cities due to the local construction boom while the number of concrete producers has remained about the same. Our staff have experience working with Knutson Construction on the Eagan Water Treatment Facility Expansion, the Plymouth Central Water Treatment Plant, and the 'Plymouth Zachary Water Treatment Plant. Knutson Construction recently completed a major water treatment plant expansion project for the City of Brooklyn Park. Based on our knowledge of Knutson Construction, we have determined that Knutson Construction meets the Minimum Contractor Qualifications and has sufficient experience for this project. We recommend that the project be awarded to Knutson Construction. If possible, we recommend not rejecting the bids and re-bidding the project due to the likelihood that construction and material costs will continue to increase. Please contact us at your convenience if you have any questions. Sincerely, BOLTON & MENK, INC. Greg F. Johi son, P.E. Principal Engineer/ Project Manager (0IL I1 09 z —LUe QzLA <09 N U00 <O Q ul 1 I: 893 o o a. 5FoO09 09 0 0 0 0 0 0 0 0 0 000000L0000000000000CU 0 0 0 0 9) 0 0 0 0 LI)0) 0 0 000000 N-00 ILL 0 ILL0 LI) U)_L)0000000000000 0 0 1)10 0 U) 0 1)) 0 d 0 6)III LA LALA 1)69 IA 69 LA 10 00 09 6900 - -I- 00 IN 69 0 0 69 IA 0 0 (A (0 U) 0 LA 0 II) U) - 0) 0 0 0) 0 0 U) 0 0 0 (N (0 0 0 I'I 0 0 0 0) (0 0 0 19 IL)IL) 0 00000 IL)N' 10 OIL) 0) 69 00 (0 LA LA 1') 0 0) 9) N- 0 U) 10 III 0 0 U) IN 0 0 LAO 0 0 U) 0 0 (0 U) 0 600 _w2 _0 69 ILL j I d 0 '09 09 N 09 LA LI)(0 0 0 09 U) (0 U) 0(0 0 '1) 10 10 0 09 0 0 CD 09 0 0 IN 10 0) 0 09 09 (0 IL)0 0 09 0 0 LA 0 II) a 2 2 =o Co 0 LA 09 0)IA IL)III 090Cft09690'00000009099)6909OLA00) 09 LA 0 69 LA 6) 69 9) (0 (9 '9' Ifl 009090909000(000000000000000000000I0000040I0000N,LflO(00,-0 0 CO IN (0 0 0 09 (1)0 CA 000000e0O0(0eeoo(0_..,o09000 0 0 III 'o0o a=o Lu 20:O0) '09 'IL (LI CL) I IL 0 IL C = +C - 1Z.' 0 U) N-N-LAO 0 LI)e o IA 0 00W0In0900tNU)0 LI) 0 'COON IL(0mION-(0N 00900'00 o 0 I'C 0 <0 II)In ,,N 0 09 CO 0)tO LA N 0 10 LA 0 o IL m a --<>0:I<Wa )<OQ:O<o)09CO0In0wNO<ZZ I <ZZZZ )o < Z0 <0 0D H o0909 CL 0 2 0 0010091A00,09 0) 0,_0A ,DInDN00900900909 09 0) 0 01)000090090fl0900fl(00)09 0 0 N 0 0 OL0A 09090909090909 090 ID City Council Agenda Item No. 6d [IIS1SJ[J I fl N N IYA U I M'4 0 t1I iiIJYAi DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Lease of space for BC Liquor from Cass Screw Machine Products Company Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the lease document between the City, d.b.a. BC Liquor and Cass Screw Machine Products Company. Background: The City has previously leased space at Surly Brewing Company to sell Surly's "Darkness" product at "Darkness Days" a festival held in October at their brewery at 4811 Dusharme Drive. The proposed lease would allow BC Liquor to operate at a nearby location to the brewery during this event. The State's Liquor Control Board will allow this arrangement and the City's insurance will cover the risks under the existing BC Liquor policy. The lease will allow the City to utilize a space of 1,380 square feet at Cass Screw Machine Products, located at 3615 48th Avenue North. The terms of the lease provides enough time to set up the BC Liquor operation, sell the product, and clean up and vacate the premises. This is a one day event to be held on Saturday, October 251h Budget Issues: Staff estimates that BC Liquor sales from this location will generate a minimum of $10,000 in net profit for BC Liquor after the costs of lease, staffing, security and mobilization. Strategic Priorities: e Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION APPROVING A LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 WHEREAS, the City of Brooklyn Center previously operated retail liquor sales through a limited lease at 4811 Dusharme Drive in Brooklyn Center; and WHEREAS, the City has been offered the opportunity to operate retail liquor sales through a limited lease at an alternative location for a limited term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute a lease between Cass Screw Machine Products Company and the City of Brooklyn Center, d.b.a. BC Liquor, for space to be used for a one day sale of alcoholic beverage for off premise consumption. September 22, 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. LEASE This Lease (the "Lease") is made as of , 2014 between the City of Brooklyn Center, doing business as BC Liquor (the "City"), a Minnesota municipal corporation, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; and Cass Screw Machine Products Company ("Cass Screw"), a Minnesota company, whose address is 3615 48' Avenue North, Brooklyn Center, MN 55429. ARTICLE I BASIC LEASE PROVISIONS 1.1 DEMISED PREMISES: The City will lease from Cass Screw 1,380 square feet of space (the "Store") for the operation of a retail liquor store for off-premise consumption of liquor in connection with the Surly Brewing Company Darkness Day Event. The Store will be within the west-end of the building located at 3615 48 th Avenue North in Brooklyn Center. 1.2 TERM COMMENCEMENT: The term of this Lease shall commence upon October 24, 2014 and shall expire on October 26, 2014. 1.3 RENT: A lump-sum payment of $1,000 shall be made in full prior to the expiration of the Lease. The lease payment shall cover all charges incurred by Cass Screw related to use of the leased space for the Store including, but not limited to, access to and from the Store for employees and customers, electrical power access, utility costs, custodial care and maintenance, property taxes, and insurance. 1.4 SECURITY: The City is responsible for monitoring conduct and providing security at the Store during the lease period. ARTICLE II - INSURANCE, RELEASE, IDEMNIFICATION 2.1 IDEMNIFICATION: During the lease period the City agrees to indemnify and save Cass Screw, its shareholders, directors, officers, agents, contractors, invitees, customers, employees and licensees harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of the business conducted by the City in the Store or from any breach or default on the part of the City in the performance of any covenant which the City is to perform pursuant to this lease, or from any act of negligence of the City, its agents, contractors, invitees, customers, employees or licensees, in or about the Store. All property in the Store and all property of the City's in the Store shall be there at the City's risk and Cass Screw shall not be liable for any damage thereto or theft or misappropriation thereof. Nothing in this lease shall be deemed a waiver by the City of the limitations on liability set forth in Chapter 466 of Minnesota Statutes and the City's obligation to indemnify Cass Screw shall be limited to the amount specified in Chapter 466 of Minnesota Statutes, less any amounts which the City is required to pay on its own behalf for claims arising out of the same occurrence. 2.2 RELEASE: Cass Screw hereby waives and releases all claims, liabilities, and causes of action against the City and its agents, servants, and employees for loss or damage to, or destruction of, the improvements in and around the Store resulting from fire, explosion or other perils insured against by Cass Screw's insurance, whether caused by the negligence of any of said persons or otherwise. The City hereby waives and releases all claims, liabilities, and causes of action against Cass Screw and its agents, servants, and employees for loss or damage to, or destruction of, any fixtures, equipment, supplies, or other property, whether that of the City or of other in or upon the Store resulting from fire, explosion, or other perils insured against by the City's insurance, whether caused by the negligence of any said persons or otherwise. 2.3 INSURANCE: Cass Screw shall carry and maintain insurance against such perils and in such amounts as Cass Screw may from time to time determine consistent with coverage which is now, or may in the future be, considered prudent for similar property and business situations in the Minneapolis/Saint Paul metropolitan area or which its mortgagee requires. The City shall carry and maintain, during the lease term, at its expense, the following types and amounts of insurance: Commercial General Liability on an occurrence basis with respect to the City's business and occupancy of the Store, with limits of not less than one million dollars ($1,000,000) per occurrence. Worker's Compensation insurance for all of the City's employees working in the Store in an amount sufficient to comply with applicable laws and regulations. ARTICLE III - MISCELLANEOUS 3.1 RIGHT TO ENTER: Cass Screw shall have the right to enter the Store at all reasonable hours for the purposes of the inspecting thereof, making repairs or cleaning. 3.2 SURRENDER OF PREMISES: At the end of the term the City shall surrender the Store to Cass Screw in its original condition, subject to reasonable wear and tear. Prior to the surrender of the Store, the City shall remove all fixtures and property of the City and will not hold Cass Screw responsible for fixtures or property left on or in the Store upon expiration of the Lease. for the Lessor: for the Lessee: Cass Screw Machine Products Company Mayor City Manager City Council Agenda Item No. 6e [i11IJII I fl I Dh IY I k' 0) 1I P1IJ'A I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development At. SUBJECT: Site Performance Guarantee Release for Luther Brookdale Toyota and Honda Dealership Sites, 6700 and 6800 Brooklyn Boulevard (ref. Planning Application Nos. 2008-005 & 2011-013) Recommendation: It is recommended that the City Council authorize the release of the Site Performance Guarantee for Luther Brookdale Toyota and Honda Dealership Sites, located at 6700 and 6800 Brooklyn Boulevard, respectively. Background: On July 28, 2008, the City Council approved Planning Application No. 2008-005, which included an overall planned unit development plan with site and building plans for two new dealerships, Luther Brookdale Toyota and Luther Brookdale Honda. On June 13, 2011, the City Council subsequently approved Planning Application No. 2011-013, which allowed for a new subdivision of lands and minor site plan modifications to the overall PUD plans. As part of these approvals, a number of conditions and requirements were established between Luther Company and the City, one of which related to the posting of a financial guarantee: 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be subm itted prior to the issuance ofpermits to assure the completion of all site improvements. On November 7, 2011, Luther Company submitted an irrevocable letter of credit in the amount of $670,000 in conjunction with an approved performance agreement between Luther and the City, to be held as a guarantee for completing certain site improvements. This letter of credit was issued by Wells Fargo Bank, N.A., with an automatic (annual) renewal provision. All site improvements, including landscaping, sidewalks, utilities, and other improvements have been completed or accepted, except the new screening wall and additional landscaping. The work on this wall is currently underway, and Luther has agreed to submit a new $50,000 bond to be used for security on these remaining items. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment A'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 1?[e for ti//people tint/preserves the public trust Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number 1S0230768U Wells Fargo Bank, N.A. U.S. Trade Services Standby Letters of Credit 794 Davis Street, 2nd Floor 1vLkCA028:3-023. San Leandro, CA 94577-6922 Phone: 1(600)798 -2615 0 pt101 t 1E-Mail: sftradewellsfargo.com Irrevocable Standby Letter Of Credit FILE COPYNumber: 150230768U Issue Date: August 20, 2014 BENEFICIARY APPLICANT THE CITY OF BROOKLYN CENTER THE LUTHER COMPANY, LLLP 6301 SHINGLE CREEK PARKWAY 3701 ALABAMA AVENUE SOUTH BROOKLYN CENTER, MINNESOTA 55430 ST LOUIS PARK, MINNESOTA 55416 LETTER OF CREDIT ISSUE AMOUNT USD 100,000.00 EXPIRY DATE AUGUST 18, 2015 LADIES AND GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF ONE HUNDRED THOUSAND AND 00/100 UNITED STATES DOLLARS (US $100,000.00) WHICH IS AVAILABLE BY PAYMENT UPON PRESENTATION OF THE FOLLOWING DOCUMENTS: 1.A DRAFT AT SIGHT DRAWN ON WELLS FARGO BANK, N.A., DULY ENDORSED ON ITS REVERSE SIDE THEREOF BY THE BENEFICIARY, SPECIFICALLY REFERENCING THIS LETTER OF CREDIT NUMBER. 2.THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS ATTACHED THERETO. 3, A DATED STATEMENT ISSUED ON THE LETTERHEAD OF THE BENEFICIARY AND PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE STATING: THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BROOKLYN CENTER (THE CITY') HEREBY CERTIFIES THAT THE AMOUNT DRAWN UNDER WELLS FARGO BANK, N.A. LETTER OF CREDIT NO. IS0230768U IS DUE TO THE CITY IN CONNECTION WITH AND PURSUANT TO THE OBLIGATIONS OF THE LUTHER COMPANY, LLLP TO THE CITY UNDER THE PERFORMANCE AGREEMENT BETWEEN THE LUTHER COMPANY, LLLP AND THE CITY." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT FOR ONE YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE, WE SEND THE BENEFICIARY NOTICE AT THE ABOVE STATED ADDRESS BY OVERNIGHT COURIER THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT BEYOND THE INITIAL OR ANY EXTENDED EXPIRY DATE THEREOF. THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, THIS UNDERTAKING IS INDEPENDENT OF AND SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED, OR INCORPORATED BY REFERENCE TO ANY DOCUMENT, CONTRACT, OR AGREEMENT REFERENCED HEREIN. DRAWINGS MAY BE PRESENTED AT EITHER OF OUR FOLLOWING LOCATIONS:Together we'll go far WELLS FARGO BANK, N.A. US TRADE SERVICES STANDBY LETTERS OF CREDIT 794 DAVIS STREET, 2ND FLOOR SAN LEANDRO, CA 94577-6922 OR WELLS FARGO BANK, N.A. 109 5 7T STREET, 5TH FLOOR MINNEAPOLIS, MN 55402 IF DOCUMENTS ARE PRESENTED TO THE WELLS FARGO BANK, NA., 1095 7TH STREET, 5TH FLOOR, MINNEAPOLIS, MN 55402. THEY MUST ALSO BE FAXED BY THE BENEFICIARY TO 336-735-0952 THE SAME DAY IN ORDER TO BE DEEMED A PRESENTATION. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED ABOVE AT OUR OFFICE LOCATED AT 794 DAVIS STREET, 2ND FLOOR, SAN LEANDRO, CA 94577-6922, ATTENTION: STANDBY LETTER OF CREDIT DEPT. ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY EXTENDED EXPIRY DATE IF APPLICABLE. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (1SP98'). Very Truly Yours, WELLS FA BANK, N.A. By: /7' 1) Authorized Signature The original of the Letter of Credit contains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services at either 794 Davis Street, 2nd Floor or 401 Linden Street, 1st Floor MAC A0283-023, MAC D4004-017, San Leandro, CA 94577-6922 Winston-Salem, NC 27101 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-798-2815 Option 1 1-800-776-3862 Option 2 (Hours of Operation: 8:00 am. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:30 p.m. EST) Together we'll go far of this Irrevocable Standby Letter of credit Number 1S0230768U Tim Benetti From: Linda McGinty <Linda.McGinty@lutherautO.cOm > Sent: Wednesday, September 17, 2014 11:13 AM To: Tim Benetti Cc: Sharla Beithon Subject: request for bond release Dear Tim, Please accept this notice as a request for the release of the Performance Bond for our projects at 6700 and 6800 Brooklyn Blvd. It is greatly appreciated if it is possible to include it on the Sept. 22 City Council agenda. Respectfully, Linda McGinty Tim Benetti From: Linda McGinty <Linda.McGinty@lutherauto.com > Sent: Wednesday, August 13, 2014 12:41 PM To: Tim Benetti; Gary Eltel Subject: RE: Luther Brookdale Honda/Toyota Projects Tim and Gary, I am stunned at this thoughtful and considerate gesture!! The numbers you suggest, $100,000 for the Brookdale VW project and $50,000 for the fence and landscaping are kindly accepted! I will send those to Wells Fargo (via our CFO) today and generate the letter to request the release of the $670,000 LOC. I wish you could have been present at our staff meeting when Barb spoke about your Youth Soccer program kick- off! She was thrilled at the turnout and the increased number of kids participating. Hmmm .... maybe some budding pro or Olympic players in the mix©! Thank you so very much!!! I will get on this. On a technical note-should I use the form that Dan Reckard filled out and cross out the $890,942 and write in $100,000? Most gratefully, Linda From: Tim Benetti [maiIto:tbenettici.brooklvn-center.mn.US] Sent: Wednesday, August 13, 2014 12:29 PM To: Linda McGinty Cc: Gary Eitel Subject: Luther Brookdale Honda/Toyota Projects Linda: forgot to add discussion point on the Honda/Toyota sites. We still hold a $670K LOC from Wells Fargo on the two sites. We should discuss reducing this to an amount to cover the remaining fence and landscaping. The original PA's cost estimate worksheet included a $45,000 line item amt. for the fencing; and $99,204 amount for landscaping. Suggest we release the $670K LOC from Wells-Fargo; and have Luther Co./Wells Fargo submit a new or reduced LOC in the amount of $50,000 ($45K for fence + $5K for additional landscaping). We need City Council approval to release or reduce any LOC's - so if you agree to this suggestion, we can have it on the next City Council agenda - depending on turn-around time from Luther or Wells Fargo. Again - tet me know if this works for you or call me to discuss. Thanks Linda! Tim Benetti Planning & Zoning Specialist City of Brooklyn Center, MN PH: (763) 569-3319 / FAX (763) 569-3360 EMAIL: tbenetti@ci.brooklyn-center.mn.us City Council Agenda Item No. 8a DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Vickie Schleuningssistant City Manager/Director of Building and Community Standards SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs and Administrative Vacant Building Registrations Recommendation: It is recommended that the City Council consider approval of the attached resolution certifying special assessments for Administrative Fines/Citation Costs and Administrative Vacant Building Registrations costs to the Hennepin County tax rolls. Background: At the City Council Meeting on September 8, 2014, the City Council moved to continue the Public Hearing until September 22, 2014 for certain properties where appeals were made. Additional information was requested for certain properties where the proposed special assessments include unpaid Administrative Fines/Citation Costs and unpaid Administrative Vacant Building Registrations. As part of the property maintenance and enforcement process, property owners are given notice to correct violations, receive notice to pay the bills, and unpaid fees are processed as a pending special assessments in accordance with applicable laws. The pending special assessment amounts are available to the public, including title companies, when a property sale takes place. The nuisance abatement and administrative penalty program also provide an opportunity and prescribe a legal process for appealing an administrative citation. Information specific to each special assessment appeal is provided in this report. Please note that there may be differences in the amounts indicated for this year's special assessment and the total amounts shown in the reports. The reason for the differences include: payments may have been made, there may have been hearing officer adjustments, amounts may have been assessed in previous years, and amounts may be pending for special assessment in future years. The special assessment rolls are provided and include those amounts that are scheduled for special assessment this year. The special assessment charges and payment schedule are provided in the notification letter and are often explained to parties that contact staff. It is summarized as follows: • If not paid by the end of business day on September 5, 2014, an additional $40 special assessment fee will be added to the amount owed. frlissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S1II(iJ I fl V V I'4 I I Ik (I] t1I I1IJYAi • Unless the City Council makes changes to the amounts due at the public hearing, no other bill or notice will be provided. • This letter is the party's notice of amounts due. Interest on these special assessments will begin on October 9, 2014, following the 30-day interest free grace period. Interest shall accrue at an annual rate of 6.0 %. • When the City Council adopts the special assessments, there are the following payment options: 1.The total special assessment may be paid without interest between September 9, 2014 and October 8, 2014. 2.After October 8, 2014 and through November 26, 2014, the total special assessment plus accumulated interest through the date of payment may be made. Payments will be accepted in the Assessing Division until close-of- business November 26, 2014. As indicated by the fee schedule, payments can be made until the Friday before the Council meeting without added fees. After this date, fees apply. There are costs associated with appeals and the fees are an attempt to make sure the public is not required to pay for unsuccessful appeals. This is similar to other programs that have appeal options. Budget Issues: The fees for these special assessments help recover City costs associated with providing a service. Nuisance abatement costs and administrative fines occur where voluntary compliance is not achieved and additional staff time is required to gain compliance. Strategic Priorities: • Vibrant Neighborhoods Attachments: Resolutions- Nuisance Abatements Administrative Vacant Building Registrations Summary of Appealed Properties !i'fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2013 thru June 30, 2014 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 8, 2013, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2013 thru June 30, 2014, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citations 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 Administrative Fines/Citations costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citations costs incurred from July 1, 2013 thru June 30, 2014 is hereby adopted and certified as Levy No. 18767. 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 October 1, 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 October 8, 2014. After October 8, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from RESOLUTION NO. October 9, 2019 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. September 22, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly 2nded 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. 9i ddvd-N C N 0 0 0 çl cr fl —CC/)4- ————UU 'dO kf),—Nkfl 'N(OCN I I I I I I II———— I I I-00000\G\ 0 —————o I I I I z 0 0 Z 0 ct o 1r)LrNO dZ NNNN NNNN000000000—— Cl) 0 I Cl) 0 U Cl) 1-I II l c I ' z 0 0U 0 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Vacant Building Registration costs for certain properties within the City from July 1, 2013 thru June 30, 2014 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 8, 2014, certain Administrative Vacant Building Registration costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2013 thru June 30, 2014, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Vacant Building Registration costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent Administrative Vacant Building Registration 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 Administrative Vacant Building Registration costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Vacant Building Registration costs incurred from July 1, 2013 thru June 30, 2014 is hereby adopted and certified as Levy No. 18766. 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 October 9, 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 October 8, 2014. After October 8, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 9, 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. September 22, 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. -d j4Q E2 C,) C 4) •44 EE -4 E —o - -d -N 4=4 41)c)cD 0 00 C/D 41) C))=4 CDcq z -d ci) -d41)d 41) 0 41)00 Attachment- Summary of Appealed Properties Property Number 1 I Address: 6300 France Ave N I Owner: Wade Klick I Appellant's Statement: The owner states that the notice of corrections and citations were being sent to an address that he no longer occupies. The Owner states he received and signed for the special assessment notice but did not receive other notices from the City. Findings: Violations of City ordinances existed at the property. Notices and citations were sent to the owner's mailing address as indicated by Hennepin County ownership records and copies were also sent to the occupant. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $750. Violation Type Dates Action Fees Accumulation of 6/11/2012 An inspection was completed and a lS Rubbish/Brush/Debris compliance notice was sent to the occupant and the owner of record. 6/4/2013 An inspection was completed and a 2nd compliance notice was sent. 6/18/2013 An inspection noted the rubbish, brush,$125 and debris remained and an administrative citation was issued. (This fee certified in 2013) 7/l/2013 An inspection noted the rubbish, brush,$250 debris remained and an administrative citation was issued. 7/23/2013 An inspection noted the rubbish, brush,$500 debris remained and an administrative citation was issued. 8/5/2013 Staff spoke with the property owner and informed him of the violations. Owner stated he would have the property violations taken care. 8/14/2013 An inspection was conducted and noted that the rubbish, brush, and debris were removed. 9 IPage di 1 U ---.-- ---. TYV ,_ ILI 10 P age 11 IPage Property Number 2 Address: 5331 Camden Ave N Owner: Donna Birosh Appellant's Statement: Rodney Birosh, son of the property owner, stated that his trailer feet fence and the code enforcement officer took photos over thewas inside a six tall privacy fence and through cracks of the fence from the neighbor's yard. Findings: Numerous violations of city ordinances existed at the property. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property remains in violation of certain city ordinances. Recommendation: Legal notification requirements were followed and some administrative citations were appealed as prescribed by City ordinances. The special assessment is for the amount of $4,210.00. V io lation Type Accumulation of Dates 6/6/2013 Action An inspection was completed and a Fees junk/furniture/compliance notice was sent. Staff spoke to appliances Mr. Birosh on site about the violations.___________________ 6/18/2013 An inspection noted the junk, furniture,$125 and appliances remained and an administrative citation was issued. (This fee certified in 2013) 7/3/2013 An inspection was completed and staff spoke to Mr. Birosh and informed him that he needed to make progress in removing the junk, furniture, appliances and other debris in order to avoid further citations. 7/10/2013 An inspection was completed and staff spoke to Mr. Birosh and informed him that he needed to continue to make progress in removing the junk, furniture, and appliances in order to avoid further citations. 7/17/2013 An inspection was completed and it was noted that some items were corrected. However, other lumber, commercial vehicles, junk and debris were brought to the property and were in violation of city ordinances. A time frame for corrections was discussed. 7/31/2013 The ownerequestenisti hearing. The Hearing Officer found Mr. Birosh in violation and imposed $50, staying $75 on condition that all violations are corrected by 08/31/2013. 12 j P a g e 8/5/2013 Staff spoke with Ms. Birosh regarding the citations that were issued. The appeal process was explained to her as well as what needed to be corrected. 9/4/2013 An inspection noted the junk, furniture,$250 and appliances remained and a repeat administrative citation was issued. The $75 is imposed because the violation was not corrected by 08/31/2013. 9/10/2013 Staff spoke with Ms. Birosh who stated she is unable to pay for the citations. She was informed of the Hearing Officer's decision and lack of compliance. 1/30/2014 An inspection noted the junk, furniture,$500 and appliances remained and an administrative citation was issued. 2/27/2014 Mr. Birosh requested the administrative hearing be postponed due to an emergency health appointment. The hearing was rescheduled. 3/10/2014 Administrative hearing was completed and the Hearing Officer found Mr. Birosh in violation and imposed $500 citation. 3/11/2014 An inspection noted the junk, furniture,$1,000 and appliances remained and an administrative citation was issued. 4/11/2014 Administrative hearing was completed and the hearing officer found the violation existed and imposed the $1,000 citation. 5/13/2014 Inspection conducted onsite and Mr. Birosh asked for an extension. Extension granted for one week. 5/21/2014 An inspection noted the junk, furniture,$2000 and appliances remained and an administrative citation was issued. 5/27/2014 Staff spoke with Ms. Birosh who stated that she feels the citations were issued inaccurately. Staff explained the administrative citation appeal process. 7/18/2014 An inspection noted the junk, furniture,$2000 and appliances remained and an administrative citation was issued. (Fee for certification in 2015) 131 Page Commercial Vehicle Parking 6/6/2013 An inspection found a white commercial truck with MN plate A7641 parking in driveway. compliance notice was sent._____ 6/18 12013 An inspection noted the vehicle was still parked in the driveway and an administrative citation was issued. $125 (Fee certified in 2013) 7/3/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/10/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/17/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/31/2013 The owner requested an administrative hearing. The Hearing Officer found Mr. Birosh in violation and imposed $50, staying $75 on condition that all violations are corrected by 08/31/2013. 8/5/2013 Staff spoke with Ms. Birosh regarding the citations that were issued. The appeal process was explained to her as well as what needed to be corrected. 9/10/2013 Staff spoke with Ms. Birosh who stated she is unable to pay for the citations. She was informed of the Hearing Officer's decision and lack of compliance. 9/25/2013 The commercial vehicle was removed and comuliance was achieved with this item. Illegal 7/2013 An inspection found a trailer parked on the Parking/storage I front lawn. A 1St compliance noted was of vehicles sent. 6/18/2013 An inspection noted the vehicle was still iiE parked in the driveway and an administrative citation was issued. _______ (Fee certified in 2013) 7/3 _____ /2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/10/2013 Met with Mr. Birosh at the property to discuss violations and necessary I corrections. 14 Page 7/17/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/31/2013 The owner requested an administrative hearing. The Hearing Officer found Mr. Birosh in violation and imposed $50, staying $75 on condition that all violations are corrected by 08/31/2013. 8/5/2013 Staff spoke with Ms. Birosh regarding the citations that were issued. The appeal process was explained to her as well as what needed to be corrected. 9/10 12013 Staff spoke with Ms. Birosh who stated she is unable to pay for the citations. She was informed of the Hearing Officer's decision and lack of compliance. 1/30/2014 An inspection found the violation was not $250 corrected and an administrative citation issued. 3/10/2014 Administrative hearing was completed and the hearing officer found Mr. Birosh in violation and imposed the full citation amount of $250. Unlicensed!06/6/2013 An inspection found various vehicles Inoperable Vehicles without engines, parts, or license plates._________ 6/18/2013 An inspection found the violation was not $125 corrected and an administrative citation issued. 7/3/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/10/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/17/2013 Met with Mr. Birosh at the property to discuss violations and necessary colTections. 7/31/2013 The owner requested an administrative hearing. The Hearing Officer found Mr. Birosh in violation and imposed $50, staying $75 on condition that all violations are corrected by 08/31/2013. 8/5/2013 Staff spoke with Ms. Birosh regarding the citations that were issued. The appeal I 15 I P a g e process was explained to her as well as what needed to be corrected. 9/4/2013 An inspection found the violation was not $250 corrected and an administrative citation issued 9/10/2013 Staff spoke with Ms. Birosh she stated she was not able to pay the citations issued. Staff explained the appeal process to Ms. Birosh. 11/07/2013 An inspection found the violation was not corrected.__________ 1/30 1 2014 An inspection found the violation was not $500 corrected and an administrative citation issued. 3/10 12014 An administrative hearing was completed and the hearing officer dismissed the $500 citation. 5/13 12014 Staff met with Mr. Birosh at the property to discuss the violations. Parts/Engines & related items 06/6/2013 An inspection found various vehicles without engines, parts, or license plates. A 1st compliance notice was sent. 6/18/2013 An inspection found the violation was not $125 corrected and an administrative citation issued. (Fee certified in 2013) 7/3/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/10 12013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/17/2013 Met with Mr. Birosh at the property to discuss violations and necessary corrections. 7/31/2013 The owner requested an administrative hearing. The Hearing Officer found Mr. Birosh in violation and imposed $50, staying $75 on condition that all violations are corrected by 08/31/2013. 8/5/2013 Staff spoke with Ms. Birosh regarding the citations that were issued. The appeal process was explained to her as well as what needed to be corrected. 9/4/2013 An inspection found the violation was not $250 l6jPage corrected and an administrative citation issued. 9/10/2013 Staff spoke with Ms. Birosh she stated she was not able to pay the citations issued. Staff explained the appeal process to Ms. Birosh. 11/07/2013 An inspection found the violation was not corrected. 3/11/2014 An inspection found the violation was not $500 corrected and an administrative citation issued. 4/11/2014 An administrative hearing was completed and the hearing officer found the violation occurred. The citation was stayed pending there are no same or similar violations for 1 year. 5/13/2014 Staff met with Mr. Birosh at the property to discuss the violations. Staff explained what needed to be completed to comply with city ordinance. 5/21/2014 An inspection found the violation was not $500 corrected and an administrative citation issued. The $250 administrative citation is imposed since there is a violation within 1 year of the administrative hearing. 7/18/2014 An inspection found the violation was not $1000 corrected and an administrative citation issued. (Fee for certification in 2015) 18 Page 19 1 P a g e z.. I 20 1 P age I.- *1 / 211 Page 22 1 Page 23 1 Page 24 1 P age 25 1 P age 44i / IF I 26 P a g e 27 1 Page 28 1 Page 29 1 P age Property Number 3 Address: 7236 Riverdale Rd Owner: William Lahman Appellant's Statement: The owner states there is a six feet privacy fence and 12 feet lilac bushes that prevent the backyard from being visible from the street. The code enforcement officer took photos of the backyard that is not visible from the street. Findings: The property was in violation of city ordinance for long grass/weeds. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. This special assessment is for the amount of $875. Violation Type Tall grass and Weeds Dates 6/9/2014 Action A complaint was received regarding tall grass in the backyard. Fees 6/11/14 Met onsite with the property owner and informed him of the tall grass violation in the front and rear yards. 1st compliance notice was sent. 6/19/2014 A referral was made to the grass abatement contractor. 6/20/2014 Property owner prevented grass abatement contractor from mowing and correcting $125 violation. An inspection noted the tall grass and weeds remained and an administrative citation was issued. 6/25/2014 An inspectionnoted the tall grass weeds remained and an administrative $250 citation was issued. 6/27/2014 An inspection noted the tall grass and weeds remained and an administrative $500 citation was issued. 6/30/2014 Staff spoke with the Mr. Lahman and informed him of the violation and was advised to cut the tall grass and weeds in the backyard or citations will continue to be issued. Copies of the citations, appeal process of the citations, and ordinance for tall grass and weeds was mailed to him as requested. 7/1/2014 An inspection noted the tall grass and weeds remained and an administrative $1000I 30 1 P a g e citation was issued. (Fee for 2015 certification) 7/3/2014 An inspection noted the tall grass and $2000 weeds remained and an administrative citation was issued. (Fee for 2015 certification) 7/10/2014 An inspection noted the tall grass and $2000 weeds remained and an administrative citation was issued. (Fee for 2015 certification) 7/16/2014 A follow tip inspection was conducted and during the inspection a complaint was received regarding the tall grass and weeds in the backyard. 7/21/2014 An inspection noted the tall grass and weeds were abated by the property owner. 9/4/2014 A complaint was received regarding the tall grass and weeds. The backyard had not been maintained. 9/5/2014 An inspection noted the tall grass and weeds remained and a 1st compliance notice was sent. 9/15/2014 An inspection noted the tall grass and weeds were abated by the property owner. 31P age -J 32 1 P age 33 1 P a g e 34jPage 35 1 P age 36Page 37Page Property Number 4 I Address: 5914 Fremont Ave N - Owner: Queena Sloan I Appellant's Statement: Owner stated she didn't get notice and has a rental company that did I not receive notices. She says she did receive the special assessment notice because she was present at the property collecting rent. She does not live at her rental property and her current address is not being used for her mailing. Findings: Violations of city ordinance occurred. Notices were mailed to the address of record according to Hennepin County records. (5914 Fremont Ave N) In addition to the mailed notifications, emails were sent at an email the owner used to correspond with staff and phone calls were made. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $3,750.00. Note: Staff assisted owner with change of ownership form in August 2014. Violation Type Dates Action Fees Failure to submit 12/31/2012 Rental license application was submitted to an Action Plan Business Licensing. 1/25/2013 1" rental inspection failed with 8 property code violations. 2/25/2013 Follow up inspection was conducted and all items were corrected. 4/1/2014 An email was sent requesting an Action Plan to be submitted. 5/9/2014 An email was sent requesting an Action Plan to be submitted by 5/16/20 14. 5/14/2013 Notice was sent to the owner of record to submit an Action Plan. 5/31/2013 Reminder notice was sent to the owner of record to submit an Action Plan. 6/14/2013 Citation issued for not submitting an Action $125 Plan. (Fee certified in 2013) 6/24/2013 Action Plan was submitted. 6/28/2013 Action Plan was incomplete and an email was sent to submit the missing information by 7/8/2013. 7/8/2013 An email was sent with an attached Action Plan to be completed and returned. 7/9/2013 The missing information was submitted however the lease agreement and crime free 381P age housing lease addendum was not submitted. An email was sent requesting the information to be submitted by 7/17/2013. Ms. Sloan responded in an email stating that the information will be sent on 7/10/13. 7/18 12013 Citation issued for not submitting an $250 acceptable Action Plan. 7/2212013 An email was sent informing the owner that a citation has been issued. Staff requested that the missing information be submitted by 7/29/2013. 8/1/2013 An email was sent stating the lease agreement and addendum was not received and to submit by 8/5/2013. 8/6/2013 A citation issued for not submitting an $500 acceptable Action Plan. 8/15 1 2013 An email was sent requesting the missing $1000 information to be submitted by 8/23/2013. Citation issued for not submitting an acceptable Action Plan._________ -8/26 12013 A voicemail was left for Ms. Sloan to $2000 submit the missing information. A citation issued for not submitting an acceptable Action Plan. 9/4/2013 Ms. Sloan sent an email stating that the information was sent on 6/10/2013. 9/17/2013 An email was sent requesting the missing information or citations will continue._________ 10/9/2013 All information was submitted and Action Plan was approved. 12/27/2013 Rental license application was submitted. 1/3/2014 1" rental inspection failed with 2 property code violations. 2/3/2014 Follow up inspection was conducted. 1 item was weather deferred and 1 item was not corrected. 2/1112014 Phone call was received from Ms. Sloan stating that the vehicles are properly licensed and operable. 2/13/2014 Documentation was submitted showing they are operable. Inspection passed with weather deferral. 3/25/2014 Notice was sent to the owner of record to submit an Action Plan. Property qualified for a Type II rental license however Action Plan requirements were not met. Did not 39Page complete 2 ARM meetings, CPTED, or attend Crime Free Housing training. Reminder notice was sent to the owner of record to submit an Action Plan 4/1/2014 An email was sent to submit the Action Plan._______ 5/9/2014 An email was sent to submit the plan by $125 5/16/2014. Citation issued for not submitting an Action Plan. 5/222014 Follow up on weather deferred correction item conducted and passed. 6/4/2014 Reminder notice was sent to the licensee applicant to submit an Action Plan. 6/30/2014 Citation issued for not submitting an Action $250 Plan. 7/29/2014 Citation issued for not submitting an Action $500 Plan. (Fees for 2015 certification) 9/15/2014 Currently an Action Plan has not been submitted. 40 IPage Property Number 5 I Address: 5316 Logan Ave N I Owner: James Elliott Appellant's Statement: The property is sold and it is occupied and it was found that there is a vacant building registration during the closing. He stated he purchased the property in October 2013. When he sold the property the $1,000 was escrowed. Chapter 12 allows for a waiver of fee and if the property is under the process of demolition and rehabilitation. The property cannot be occupied because there is no bathroom, kitchen, etc. which he pulled permits for. Further, he may have received a notice in February but he did not feel that the property was a vacant property, however, did not pay attention to it and did not register. Findings: The property owner was given proper notice. The property was not registered by the owner as required by the City Ordinance; therefore the Waiver of Fee does not apply. In addition, the owner did not apply for a waiver of fee as required by City Code Section 12- 1504 Subd 6 as part of the registration process. City records indicate that only an electrical permit was obtained for minimum fee work. Based on the owner's statement, the extensive construction/rehab work was performed without required permits or approval. I.e. Building, demolition, plumbing, etc. Further, a reoccupancy permit has not been issued or inspection completed. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $1,000.00. Violation Type Dates Action Fees Vacant Property 12/20/2012 Water shut off at curbside because the water in the property could not be shut off. 12/27/2012 Met with 5 Brothers Management Solutions. regarding the status of the property. Property posted as a vacant property and the notice to register was sent to owner of record. 12/31/2012 Staff spoke with the current owner and was informed that the property is vacant and he is trying to get access to the property to remove his personal belongings. 1/8/2013 Property was registered as a vacant building by 5 Brothers Management Solutions. The registration would expire 1/8/2014. 1/11/2013 A vacant building inspection was conducted. The correction orders are posted onsite and mailed to the owner of record. 4/25/2013 Follow up inspection was completed and found no change in status. 5/10/2013 Received foreclosure information and 41 Page redemption expiration of 10/18/2013. 8/7/2013 Follow up inspection completed and found no change in status. 12/412013 Follow up inspection completed and found a waste bin onsite. 1/8/2014 The vacant building registration expired. 1/23/2014 Follow up inspection completed and posted the property for a second year vacant building registration. The notice was also mailed to the owner of record according to Hennepin County records. 2/4/2014 Vacant building registration notice returned from the post office as undeliverable. (Also posted onsite) 3/5/2014 Follow up inspection completed and noticed the waste bin in the yard. Submitted for administrative vacant building registration. 3/12/2014 Administratively registered as a vacant $1,000 building. 4/22/2014 Staff was informed that water was turned back on by Public Works, not typical for vacant properties. 8/13/2014 Staff spoke with a person who claimed to represent the owner (but didn't provide a name) and explained why it was administratively registered. Staff also informed the person that the property needs to have construction permits and inspections for certain types of construction projects. 9/9/2014 A notice was sent to the owner to obtain the I re-occupancy inspection prior to occupancy.I 42jPage I 1' I c: LOC) Subjtct L I LOI il lp f-rcn1: 1 Utlin To: corr.; Date. lue, Auut 12. 2314 9 43 PM Jim I.in sc r ii U) t.Ee I1jir1 f :tachd t en 1) 1' CKI) I U[ tI1 COO ICC rh 011 in et')n 0 On Cd4)Ii '(Cu r.- thrrn ft'.r cnicac^.. , ht tIi. c tOtr,jvti L( IJEy h'ie t) 1Ict C .b!IrQ wil Ir, IC C.3i yCv , tr* i'nng lo'oIt, U iri wow Dfti*X41,'nce tot ctq.JL.Jn 14 CHA'FR 12. ILD? fAINT ENCt AJ cCCUP/rJC' ORIiItJ.Y'JCE 1%k,sker of Fez [C,itrI iii t'C Il) he V'tI cd ifIht owricr or 1rty li 1id Pt titc I!141LLII k's and all :th:i Ii :mr:il A Q A h i nnud dcl's CA % id to We tIy tli:i' ar ph tic \t.IPt ptt\'tIy .II)J 1101 I11i'. 1.) the thf;t:t;t'n of Ihc ('omphnc Uflhi;ii .t tlit tI' 11I'i1[Irty 1% rc.I :i1ijiteJ. ith tI ctJ'lii I II I if I le Illolittcit. li7hj*1 .. piiiJ 4 tn dcncd rao..ihic thc. ( jl Ii.t! ( )l1;ial: and eithCr 1l :1 h.. w \h t in thv jri:c$ i1dcniitioI1. rh:tliik1nin. c o lhvt Ihtant!al rq\tir, of the v,i.wt huikIin: or c, that he ii she Lt a phin f: I,: de IIiin rchhititw. or other Sut aniiaI z p.nr of the s.i:.i:fl lnniJ:i UI a 3\ rjuil 411 Inir ihat is decntd r tsomihit lii th. I (Ii1L i.tI * A waswimL If Q rgi 2t ,ition fc. or n l ly )rtk riot within &) d:rvs iftci hiiIii:. or within (it) day 21cr any j.a1 ccn ItL%i. c ( ity (.onIi flL*) CO66 thc ri r;rJ ct ;r.tnrt the irt in ith the ir .esc set futth ut Sect it in 1 1 ItIS 4 11 n. I •.k. Tr;i OV;rn 'ic RI-AL IOR CRS EPiO Iti)/A< M'i.ae 612-810.7728 ta,Lfl(Ir(n.X ri1 -own Tamsms ram •c:;,( /i.1t/ Irrrn% vw6 n mil ni ,:1*,eh9 A c IiIJI 43 1 Pa g e City Council Agenda I{tm No. Aa [EI1lJ(i1 I fl I ak'A LA I *h'A 0) 1I 111Jh'A I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jlt( 1A*J SUBJECT: Type IV 6-Month Provisional Rental License for 1309 68th Ln N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 1309 68 w' Ln N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Provisional Rental License, based on 19 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04-07-2014 The Owner, Amanda Frost, applied for an initial rental dwelling license for 1309 68" Ln N, a single-family residential property. 04-29-2014 An initial rental inspection was conducted. (19 property code violations were cited, see attached rental criteria) 05-28-2014 A second inspection was scheduled and failed. Maintenance personnel onsite denied access for the inspection. 06-11-2014 A third inspection was scheduled and failed. No answer at the door. A $100 reinspection fee was charged to the property. 06-12-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i1IJ[iI I NI I I I [S) 1I 1SAi 07-09-2014 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-17-2014 $200 in reinspection fees were paid. 07-24-2014 A sixth inspection was conducted and passed. A $100 reinspection fee was charged to the property. 07-29-2014 The $200 reinspection fee was paid. 08-06-2014 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. 08-12-2014 A Mitigation Plan was submitted. 08-14-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinance s:, 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council Miss/oil: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust kI1IJ[iJ I U I IYA I I k' 0) 1I WJh'A I 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust ES1O[J I U V h'A L I MMI] 1I WJhYAI 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 11-2 units I-2Year1-2uthts Greater than 1 but not more than 4 Type III — 1 Year 1-2 units Greater than 4 - but not more than 8 Type iV— Months [iunits Greater than 8 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 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for alipeople and preserves the public (rust [EI1SJIJ I fl I I *h'4 U'A I MhYA (1) 1I WJ I License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 344 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 um s Greater than 1 5 or more units Greater than 0.50 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 al/people and preserves the public trust I City of Brooklyn center phone: 763-569-3300 TTY 7116301 Shingle Creek Parkway Fax: 763-569-3360BrooklynThnter, MN 554302199 www.cftyofbrookIyncenrer.org Rental License Mitigation Plan—Type IV Rental License Handwrfttenphths will not be wceptL Please type or ucefiilaMefonn on City welaslfr MandFrbt Lucal:ut R rWgteioutie 1OneiMdrea ;a1a\Jay c Aeiit Address Qiyner Pllofte3) 42 2t4 Agent)honq 92 4 iI OerJI'jtiajl mtostyi cirn Agent ort ena1 License Jjcw fill ReniwiLLl UdTJVL CHI Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rcntàl License. Before your license application can be considered bythe 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 Planshould rodicate the steps bemg taken t o correct identified violations and the measures that will be taken to • ensure Oitgoingcothpliç*ith City Ordinances and applicable Codes. The Mitigation Plan iirovides an •opportunity to teview pro" àoncerns and identi' possible solutions to improve the overall conditions andmanagement of the property. . . NOTICE: lime is Running Out—You mUst TAKEACTION NOW in order to meet all thecity ordinanceand Nlitigation. Plan requirements within this ending license period and avoid legal actions. • Submit *befIowig do mnenta with the Mitigation Plan for approval: - [Xliii i. Cr óFiee Housing Program Training Certificate (if completed, if not completed, please include• scheduled date in Section CLXIII 2. Copy ofLease including Minnesota Crime Free Rousing Lease Addendum [ii] . Submit 'Written report by 10 of each month (after license approval). Phase! i Use written lease mcluiling Crime Free }Iousmg Lease Mdendum.CXI] 2 Conduct cntnwal background check for alt prospective lenants Provide documentation to City if•seguested.[II] . Pu me ihe eviction oftennais who violate the terms of the lease or any add Page 1 . Type IV Mitigation Pla /Z 2014 3. Evicttenantt in violation of the lease and all addendums. LII] 4. Provide lawn/snow service,[Iii] . Provide garbage service.[IIIJ 6. Install security system.LIII]. Provide n nance service plan for appliances. Name of service co.;.,________— [KI] 8. I ani and will remain current km jaymnit of utility fees, taxes, assessments, tines, penalties and other financial claims cute to lhcCity.- LII . Other(s): ____---___-------- Please real! thoroughly: If the Type IV Rental License is approved by the City Council, the Licenses must comply with then proved Mitigation Plan and all applicable city codes. No later than the 10' of each calendar month, the U nlcc must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Miligation Plan. I verify That alliñformatioti provided above is tnie and accurate. I understand that if I do not coniply with an approved Mitigation Plan, comply with all applicable ordinances within the litenseperiOd or operate hyond the license expiration date; enforcementactions such as dtafl mons, foral complaint orlicenSe review may result 0^yner or Agent Name an Title (Pk-e Print) 8/12/2014 Amanda FrostOwner or Agent Signature •. l)ate ..r6rAlkeotNam and Title (ifapplicable) (Please Print) Date For City Use itigpiion'PIan Apprbved By; . 77— Datdolice tIT:. B Co r ardsDepiirinieiit/ Title. Date . Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOb EI1Ih[JI Rli DIY4 LU kTA [I) 1I IIBA!A1 DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lv'&4u;ta^ SUBJECT: Type IV 6-Month Provisional Rental License for 7018 Irving Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7018 Irving Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Provisional Rental License, based on 9 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-10-2013 The Owner, Omar Adams, applied for an initial rental dwelling license for 7018 Irving Ave N, a single-family residential property. 06-25-2013 An initial rental inspection was conducted and failed. (9 property code violations were cited, see attached rental criteria) 07-02-2013 A second inspection was scheduled and failed. No one answered the door bell/knocks. 10-15-2013 A third inspection was scheduled and failed. No access at time of inspection. A $100 reinspection fee was charged to the property. 10-29-2013 The property was posted as unlicensed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust [ES1IJ(J I U U M'4 U I D (I) )1BJ!A1 11-12-2013 A fourth rental inspection was conducted and passed. The $100 reinspection fee was paid. 12-04-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2014 Two citations were issued; one for $300 for operating a rental dwelling without having a license, and the other for $125 for failure to submit mitigation plan as required for Type IV license approval. 04-01-2014 An email was sent requesting a mitigation plan be submitted. 05-08-2014 Two citations were issued; one for $600 for operating a rental dwelling without having a license, and the other for $250 for failure to submit mitigation plan as required for Type IV license approval. 05-22-2014 Two citations were issued; one for$ 1,200 for operating a rental dwelling without having a license, and the other for $500 for failure to submit mitigation plan as required for Type IV license approval. 06-09-2014 Two citations were issued; one for $2,000 for operating a rental dwelling without having a license, and the other for $1,000 failure to submit mitigation plan as required for Type IV license approval. 07-15-2014 A Mitigation Plan was submitted. 08-14-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ¶e for al/people andpresen'es the public trust [ILI]JJ[J I U DkA U I *'A 0) 1I I1lJhA I Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [St1IJSJ I U U I lYA U'A [I) 1iI I1IJ'A1 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria 1 License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I-3 Year Lunits 071 Type 11-2 Year 1 1-2 units Greater than 1 but not more than 4 Type III - 1 Yearunits Greater than 4 but not more than 8 Type IV —6 Months 11 -2 un Greater than 8 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1IJ[SJ I U U ak'A LA I M'A [I) 1SJhkÀ I 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units -Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan I1'Iissio,z: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for al/people and preserves the public trust Phone: 763-569-3300 TTY 711City of Brooklyn Center Fox: 763569-3360 6301 shingle Creek parkway JUL 1 5 www.cityofbro0klYflcenter.Org Brooklyn Center MN 55430-2199 ________ •.......; Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or usefihlableform on City website. Property Address: 7018 Irving Ave. North Local Agent:Owner Name:Qmar Adams Owner Address: Agent Adilress: 5387 Geachside Dr, Minnetonka, MN 5343 same Owner Phone: 763-232-3153 Agent Owner Email:hqadams@yahoo.com AgentEiTlail:50 riml Rental License:Lm New 11111 Renewal: Current License Expiration Date:_.____— • *pending Type IV License Exp. Dat...______. (Six months from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License, Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan most 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 qnaoj,ng 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. Submit the following documents with the Mitigation Plan for approval: LIET1 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.J 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumFV 1 . Submit written report by 1Qth of each month (after license approval). Use written lease including Crime Free Housing Lease Addendum, 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if L?_J_______ requested. . Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 L..±iJ 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5 Provide garbage service. 6. Install security system.[11=] . Provide maintenance service plan for appliances. Name of service ELEJI 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. or Agent Name and Tine 14Please Print) 2115/2013 DateOwner^o, Afte.tftn^ate ---------------------Additional Owner or Agent Name and Title (if applicable) (Please Print) - Additional Owner or Agent Signature (if applicable) Date For City Use--Mitigation Plan Approved By Date' omuStandat D te Page 3 Type iv Mitigation Plan Rev 1146-11 City Council Agenda Item No. lOc [Ei1SJ[i1 I N I I ah'A I'A I 0) 1I I1lJ I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J/ttVUY( 4n15(_ SUBJECT: Type IV 6-Month Provisional Rental License for 6900 Quail Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6900 Quail Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Provisional Rental License, based on 9 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-08-2014 The Owner, Michael Johnson, applied for an initial rental dwelling license for 6900 Quail Ave N, a single-family residential property. 05-29-2014 An initial rental inspection was conducted. (9 property code violations were cited, see attached rental criteria) 06-20-2014 A second inspection was conducted and passed. 07-09-2014 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. 08-05-2014 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for all people and preserves the public trust iEIilJ[SJ I U I N 31hA U'A I*'A (SJ M11 08-25-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. fifjssjo,i: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1BJ[iJ I I N kA Ih'A I Mk' 0) t1II 1SJ"A1 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter .12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 1U[iJ I V I MYI I'A I ak'A (1) tUI miii Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-11 Type II —2 Year j2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 - Impact - 3-4 units 0-0.2 5 - 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0 25 but not morel 1 5 or more units Greater than 0.35 but not more than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust SII1Bk[SJ I fl I I Vk!4 U I Mh'A (I) 1I I1IJ I Decrease 2 1-2 Greater than 3 Categories 3- 4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrook1Yncente.0r0 Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or u.ceflliableforifl on City website Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1, Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 °' of each month (after license approval). eI 1, Use written lease including Crime Free Housing Lease Addendum. L7J 2. Conduct criminal background check for all prospective tenants. Provide requested. . Pursue the eviction of tenants who violate the terms of the lease or any Pagel Type IV IIIIIII II V I . Evict tenants in violation of the lease and all addendums.H 4. Provide lawn/snow service. 5.Provide garbage service 6.Install security system.F-1 7. Provide maintenance service plan for appliances. Name of service co.: I Li1. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.LIII 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 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. /1iC-ltt/( 7415ôv1 - Ov4ier or Agent Name and Title (Please Print) Datele igue Additional Owner or Agent Name and Title ((f applicable) (Please Print) Add.itionat Owner or Agent Signature ¶app1icable Date j ..............................ii ; .\;prut'd tv: Police Department / Title Date /.0 i ^&Anmnepartment D eIdi / Title Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOd [EIiJA'[IJ I fl N I DW4 L'A I ak"A (I] 11II USJ I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4"^4-6 &__ SUBJECT: Type IV 6-Month Provisional Rental License for 6740 Grimes P1 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 6740 Grimes P1. 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. This is a multi-family property with eight buildings/48 units. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Provisional Rental License based on 179 (3.73/unit) property code violations found during the initial rental license inspection and 3 (0.06/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: 03-21-2014 The Owner, Victoria Townhomes, applied for renewal of the rental dwelling license for 6740 Grimes P1, an eight building, 48 unit multi-family dwelling. 04-10-2014 An initial rental inspection was conducted. 179 (3.73/unit) property code violations were cited, see attached rental criteria. 05-19-2014 A second rental inspection was conducted and failed. The owner was notified that there would be a $150 reinspection fee for the next inspection. 05-31-2014 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves (lie public trust [[i1IJ[iJ I U I k'4 L'A I D [I) iI 1SJYAi 06-16-2014 A third inspection was conducted and passed with weather deferral. A $150 reinspection fee was paid. 07-09-2014 City records indicate 3 (0.06/unit) validated police incident/nuisance calls occurred in the past twelve months. Incidents included 3/04/14 theft, 5/17/14 theft, and 6/15/14 criminal damage to property. 07-09-2014 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. 07-30-2014 A Mitigation Plan was submitted. 08-25-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[I1IJ[SJI U I N1Ik'A LU *k'A O]t1I 1PA'AI state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Jlfissioi,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1J[I1 I IhYA L'A I M (I) iIiiIJi 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) - Type I - 3 Year 1-2 units 0-1 Type II - 2 Year units J Greater than I but not more , than 4J L 3+ units Greater than 0.75 but not more than I Type III - 1 Year [j2 units Greater than 4 but not more than 8 pe V_onths 1=2 units Greater than 8_ re-t units tGreater hall 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact I 34Itthit :OO.25: 5 or more units 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[I1IJ[iJ I fl M alk"A LA I k'A (IJ 1I I1IA'A I Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Grèaterthan0.25 but notn orethani 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 umts Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center phone: 763-569-3300 TTY 711 Fax: 763-569-3360 6301 Shingle Creek Parkway ww,c/fyofbrookIynCeflter.0tg Brooklyn Center, MN 55430-2199 Rental License Mitigation Plan'-Type IV Rental License Handtvritte!i plans will not be accepted. F/ease type or use Jullablefonn on City website. Perty Address 68 57 GRIM ES P LACE 0 0 KLYN CE NT ER 5 54 Owner Name VICTORIA TOWNHOMES Local Agent:SANDY SCHMIDT Owner Addiess Agent Address 56 E IIROAO WAY STE 6200 FOREST LAKE 00N4 55025 taE BROADWAY STE 6200 FOREST LAKE 4N 65520 Owner Phone 661-464-.5700 AgentPhone 651-255-5560 Owner Email Agent Email SANDYSCHMIOT@GAUGHANCOMPANIES coM Rental License LII New [] Renewal Current License Etpiration Date 5 :1O ( 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 ongcting compl i ance 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. Submit the following documents with the Mitigation Plan for approval: I. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.I ,_. Copy of Lease including Minnesota Crime Free Housing Lease Addendum Submit written report by I O'h of each month (after license approval). haeJ_LJ I. Use written lease including Crime Free Housing Lease Addendum. - 2.Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested. 3.Pursue the eviction of tenants who violate the terms of the lease or any addendums. Type IV Mitigation Plan Rev 11-16-11 Page 1 sENo newal. ng stimated Date LIJ 3, Evict tenants in violation of the lease and all addendums.1 4. Provide lawn/snow service.M S. Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: IIZIII S. I sun and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type TV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan amid all applicable city codes. No later than the 101h of each calendar month the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan, I veri fy 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. SANDY SCHMIDT, PROPERTY MANAGER Dwmtar or Agent NameaxId TmtJa-Qlease Print) 7/10/2014Wv Dateor Agent f ignature Additional Owner os Agent Name and Title (If applicable) (Fleece Print) Additional Owner or Agent Signature (if applicable) Date F or City Use--Mitigation Plan Approved By: Polic e Department /f Date DateB2^^ai ng & Community Standards Department / Title Page 3 Type IV Mitigation Plan Rev 11-16-11 0) 0 a0) CLLU 0) 0) 0. coo) In a 4.&C0) a .0)0)0)0) )0Co 0) COO) CL co 0')io .0) 0 LUG)c 0)0)0)O) CO 0)St)Co •.'o 0 0)0E .0)0)0)CO N.COO)SttLCOCL 000 C0 OLZ •o .0 .0) .0)COvG) 't 0) o U St :• •a E g a oi d) U)Lu j .i co City Council Agenda Item No. Oe EI1IJ[iJ I N I I ak'A LA I Dk"4 [I) UI fl*'A I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon K nutson, City Clerk ^L^41T^ SUBJECT: Type IV 6-Month Provisional Rental License for 3413 62nd Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 3413 62nd Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 20 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04-07-2014 The Owner, Lee Mixson, applied for renewal of the rental dwelling license for 3413 62nd Ave N, a single family dwelling. 05-01-2014 An initial rental inspection was conducted. 20 property code violations were cited, see attached rental criteria. 05-28-2014 A second rental inspection was conducted and passed. 07-09-2014 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust iES1IJ[iJ I fl V V k'A U I ak'A 0) 1I WIJ 06-30-2014 The previous rental license expired. 08-06-2014 A Mitigation Plan was submitted. 08-15-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1]JJ[IJ I I I I'4 U'A I*'4 (I) 1'II UIJ'A I plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EIiIJ[iJ I U M4 U I alk"A (I] t1I WJk'Ai o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Type II - 2 Year 1-2 units Greater than 1 but not more than 4J 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year units Greater than 4 but not more than 8 rTIV_6Months L!_units Greater than 8 I + imits Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 - Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units 77777 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Iitissioiz: Ensuring an attractive, clew:, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [1i1IJ[iJ I U MhYA UYA I k4(I) 1Il IlBih!A I Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan )'fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklYflCefltet.Org Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type orusefihlableform on City website. Property Address: 3413 62nd Ave North Brooklyn Center, MN Owner Name: Lee Mlxsori Local Agent: Owner Address:Agent Address: 320 County Road 482 SlknL AL 38703 Owner Phone: 612-281-4972 Agent Phone: Owner Email: ImIxson363(attnet AgetltEm3il: Rental License: [J New Renewal: Current License Expiration Date: June 30, 2014 *Pending Type IV License Exp, I)ateDecenibir 31,2014 (SLy months from cunent license expirallo) 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 wilt be taken to ensure onoin comoliance with City Ordinances and applicable Codes. Th e 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. the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. [] 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum Submit written report by 10th of each month (after license approval). Use written lease including Crime Free Housing Lease Addendum. Conduct criminal background check for all prospective tenants. Provide requested. Pursue the eviction of tenants who violate the terms of the lease or any a 2014 Page Type lV Mitigation P111.1.16.11 EI!J 3. Evict tenants in violation of the lease and all addendums.H 4. Provide lawn/snow service. 5. Provide garbage service. v9 6.Install security system. Centerpoint Energy 7, Provide maintenance service plan for appliances, Name of service [J} 8. 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Te LV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing alL steps taken to comply with the Mitigation Plan. I verify that all infonnation provided above is (mc and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result Lee Mixson - Owner Owner or Agent Name and Title (Please Prim) Z9 1 August 5, 2014 Date Additional Owner or Agent Name 50d Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) For City Use—Mhiation Plan Approvcd By: Dag otice Department / Title BStandardaDcpartmeflh[Title to Page 3 Type IV Mitigation Plan Rev 11.16-11 City Council Agenda Fern No. lOf IEs1IJIIU i M a u i ai oJ ii mJ i DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk S644 /v SUBJECT: Type IV 6-Month Provisional Rental License for 5517 Knox Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5517 Knox Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV provisional rental license based on 13 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-30-2014 The Owner, Roger Harris, applied for renewal of the rental dwelling license for 5517 Knox Ave N, a single family dwelling. 06-10-2014 An initial rental inspection was conducted. 13 property code violations were cited, see attached rental criteria. 07-10-2014 A second rental inspection was conducted and failed. The owner was notified that the next inspection would result in a $100 reinspection fee. . 07-17-2014 The $100 . reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[IIIJIIJINl V3I UIO)1I)1lJ4YJ 07-24-2014 A third inspection was conducted and passed. 08-06-2014 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. 08-12-2014 A Mitigation Plan was submitted. 08-15-2014 The Mitigation Plan was finalized. 08-31-2014 The previous rental license expired. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust S[I1IJ[IJ I I ak' LA I OM1I I1IA I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy -Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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.Frty Code and Nuisance Violations Criteria e Category Number of Units Property Code Violations per on Property Inspected Unit Code Only) Type l-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 - --:--- ----- '-- - -------------t--1 but not more than 8Type III - 1 Year 1-2 unit,s Greater than 4 Type IV - 6 -W—nths 11-2 units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Category Service & Part I Crimes (Calls Per Unit/Year) NoCategory Impact 3-4 units J 070.25 5 or more units 0-0.35 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1SJ[SJ I fl U N k7A U'A I MA [I) t1I IlIk'kl Decrease 1 1-2 Greater than 1 but not more than 3 Category 34units . ............Greater than 0.25 but not,ore than:1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 umts Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan IWission: Ensiuiiig an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbroOk1YflCente'.0hiJ It1I Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted Please type or usefillableforlfl on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: ______ I. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.[2111 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10'h of each month (alter license approval). eI I. Use written lease including Crime Free Housing Lease Addendum. [21] 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.LJ 3. Pursue the eviction of tenants who violate the terms of the lease or any addenduins. V Page 1 Type IV Mitigation Plan Rev 11-16-11 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations formal complaint or license review may result. 94"owner rgtSignature J27L Additional Owner or Agent Name and Title (f applicable) (Please Pri)1t) Additional Owner or Agent Siiature (jfapplicabfr) Date P.r (:tt\ t;sr l 5U(tOn J'l;ul Approved Datedent/TitlF &t Department/ Title' Dat Page 3 Type IV Mitigation Plan Rev 11-1641 City Council Agenda Item No. lOg [I$]JA[IJ IU I I k74 Uh'A I DhY4 (SI1IhI BA1 DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4204 Lakebreeze Ave Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4204 Lakebreeze Ave. 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. This is a one building/four unit rental dwelling. The property qualifies for a Type IV Rental License based on the number of property code violations [23, (5.75 violations/unit)] and validated police nuisance incidents (one). Therefore, according to City Ordinance, based on the number of property code violations the license category remains a Type IV. The property owner received a Type IV Rental License on January 27, 2014 on condition of adherence to the Mitigation Plan and City Ordinances and met all the condition of the Mitigation Plan. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c. requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 06-30-2014 The previous Type IV license expired. 03-31-2014 The owner, Andrew Hardacre, applied for renewal of the rental dwelling license for 4204 Lakebreeze Ave, a one building/four unit rental dwelling. 05-15-2014 An initial rental inspection was conducted and failed. 23 property code violations (5.75 unit) were cited, see attached rental criteria. 06-17-2014 A second inspection was conducted and failed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI)ik[iJ I U tk'A L!'4 I IY4 0] 1I 1IJi 06-25-2014 A third inspection was conducted and failed. A $200 reinspection fee was charged to the property. 06-30-2014 A fourth inspection was conducted and passed. The $50 reinspection fee was charged to the property. The $200 reinspection fee was paid. 07-09-2014 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. 07-17-2014 A fifth inspection was conducted and passed. The $50 reinspection fee was paid. 08-01-2014 A Mitigation Plan was submitted. 08-15-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. Prior Type IV Rental License approval activities: 09-30-2013 The owner, Andrew Hardacre, applied for renewal of the rental dwelling license for 4204 Lakebreeze Ave N, a one building/four unit rental dwelling. 10-24-2013 An initial rental inspection was conducted. 14 (3.5/unit) property code violations were cited, see attached rental criteria. 11-26-2013 A second rental inspection was conducted and passed. 11-26-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Narcotics on 10-10-2013.) 12-04-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-23-2013 A Mitigation Plan was submitted. 12-31-2013 The previous rental license expired. 01-07-2014 The Mitigation Plan was finalized. 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerp t from Chapter 12 of City Code of Ordinances: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust [i1iiBkcIJ I U I I k'A UYA I.*A (I) 11I P1SJYA I Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 mitigationpian shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Jl4issioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust flhJ[iJ I fIN DWA L I k'A (1] 1I IIJJkA1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1SJ[i1 I U V N Ih'A U'A I IkYA [I) t1I WJ'AJ Code Only) Type I - 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year [1-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units I Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units99 Greater than 0.25 but not more than 1 5 o more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IES1lJ[iJ I RI I 4 Uh'A I k'4 [I) 1I 1IJYAJ • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 4204 Lakebreeze Ave Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4204 Lakebreeze Ave WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4204 Lakebreeze Ave, was issued a Type IV Rental License on January 27, 2014; and WHEREAS, the property owner of 4204 Lakebreeze Ave, Brooklyn Center qualifies for a Type IV Rental License based on the number of property code violations (23) and validated police nuisance incidents (one); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a Type IV Rental License is hereby approved for the property at 4204 Lakebreeze Ave, Brooklyn Center, MN. September 22, 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. #1 11 y I City of Brooklyn Center phone: 763-569-3300 flY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrook1YflCetter.0rg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or usefihlableform on City website. Property Address: 4204 Lakebreeze Avenue Owner Name: Andrew J Hardacre Local Agent: Owner Address; Agent Addre 4695 Old Kent Road gent Phone:Owner Phone: 952-484-8489 t Em owner Email: andrewhardacre@gmail.cOm Agent Email: Rental License: ^F] New [J Renewal: Current License Expiration Date: ___—_ *Pending Type IV License Exp. Date: /1'4 (Six months from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongo i ng compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identi fy 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. Submit the following documents with the Mitigation Plan for approval: [IZTI 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.M 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum ['3. Submit written report by 10 1"of each month (after license approval). BhaleI 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.LIIJ . Pursue the eviction of tenants who violate the terms of the lease or any addendutns. Page 1 Type IV Mitigation Plan Rev 11 -16-11 F -,713 . Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. [-.1 6. Install security system. [_J 7. Provide maintenance service plan for appliances Name of service co.: 8. 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. II j 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 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. ft&ce'' kfirdai. Owner or Agent Name and Title (Please Print)AorAgemature S Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owneror Agent Signature (if applicable) Date For City Use--Mitigation Plan Approved By:^h Police Department / Title Date Buildi o unity Standards Department I Title Date Page 3 Type I V Mitigation Plan Rev 11-16-11 City Coumiidil Agenda Item N©0 iOh LII1BJ(IJ I N I V ik'4 U'A I 'A 0) 1I PUk'AI DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5706 Camden Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5706 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for two renewal rental licenses. This is a single family property. The property qualifies for a Type IV Rental License based on the number of property code violations (13) and validated police nuisance incidents (zero). In addition, the property owner failed to meet the condition(s) of the previous Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings and complete Phase I and II of the Crime Free Housing Program. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on March 31, 2014 and one that will expire on September 30, 2014. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 04-24-2014 The owner, Marcell Alvin GalTetson, applied for renewal of the rental dwelling license for 5706 Camden Ave N, a single family dwelling. 05-02-2014 An initial rental inspection was conducted. Thirteen property code violations were cited, see attached rental criteria. 06-20-2014 A second inspection was conducted and failed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust [EI1U[iJ I U IA I'A I D 0) 1I 1SJi A $100 reinspection fee was charged to the property. 06-30-2014 The $100 reinspection fee was paid. 07-08-2014 A third inspection was conducted and passed. 07-23-2014 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. 07-31-2014 A Mitigation Plan was submitted. 08-15-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. Prior Type IV Rental License approval activiti es: 09-30-2013 The previous rental license expired. 01-02-2014 The Owner, Marcell Alvin Garretson, applied for renewal of the rental dwelling license for 5706 Camden Ave N, a single family dwelling. 01-27-2014 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 02-27-2014 A second rental inspection was conducted and passed with weather deferral for exterior items. 02-27-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 03-14-2014 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. 03-25-2014 A Mitigation Plan was submitted. 03-31-2014 Previous rental license expired. 04-02-2014 The Mitigation Plan was finalized. 04-15-2014 A $125 Administration Fine was issued for not meeting plan requirements. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. )''Iissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves (lie public trust [i[I1JJ(i1 I fl N I Mh'A U'AI*' [I) 1I IlPJh'A I 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I1IJ[iJ I U I I k'A L' I )I'A El) t1I I1IJYAJ 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria [P((Based ategory Number of Units Property Code Violations per Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0 75 Type 11-2 Year 1J units Greater than 1 but not more than - ,,-,1 1 than 4 but not more than 8Type Ill – 1 Year T-1-2 units Greater Type IV – 6 Months 11-2 units Greater than 8 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EO1ik(iJ I fl Vk' L'k I*'A (I) t1II WJk I 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1. Impact 34 units ______- 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-- 4 units Greater than,: 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5706 Camden Avenue N !fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5706 CAMDEN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5706 Camden Avenue N, is issued a Type IV Rental License with an expiration date of March 31, 2014; and WHEREAS, the property located at 5706 Camden Avenue N, is issued a subsequent Type IV Rental License with an expiration date of September 30, 2014; and WHEREAS, the number of property code violations and validated police nuisance calls qualifies for a Type IV Rental License and the property owner failed to attend the Owners/Managers Association Meetings, and complete Phase I and II of the Crime Free Housing Program of the previous Type IV Rental License; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements, submit monthly updates as required by City Ordinance Section 12-913. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 5706 Camden Ave N, Brooklyn Center, MN. September 22, 2014 Date Mayor ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /141 I t.ity (it 13tthlyI 6301 Shingle (reek Parkway Brooklyn Center, MW 554302199 Renta' License Mitigation Pan--Type IV Rental License I-la,,dwriiten plans will not be accepted. Please type or useflulableforfll on cit y website. Section A— Property information Property Address: 5706 Camden A Owner Name: chman Ftestorafion Semces Local Agent: marceii Garmtson wner Address, Agent Address: ltST Cnwe'ce Ckte W6, Feeley MN 55432 itOO St FtwCM S5e4t.MQk3 MN 55433 Owner Phone: 7..2888 Agent Phone: 612-749-0227 Owner Email: Agent Email: MoucRsr1lrg Rental License: New Renewal: Current License Expiration Date: V / ) *pending Type IV License Exp. Date: 09130r2014 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 e n sure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B— Required Documents Submit the following documents with the Mitigation Plan for approval: - Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10th of each month (after license approval). Section - Crimp Free Housing rrogram ulu vata Phase I Use written lease including Crime Free Housing Lease Addendum. [1IJ 2. Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 1146-11 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: LD 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. i::ii 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' 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. 1 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. Marcell Garretson Owner or Agent Name and Title (Please Print) 07/31/2014 wner or Agent Signature Date Tamera Oats CO -Compliance Officer Add itio n al Owner or Agent Name and Title (f applicable) (Please Print) (applicable) Date ell S /* /_ olice epartment / Title Date ^C-m---it4yStandards Department f Title Da e Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 101 r I k'A LU ak'AtI) 1'WI P1BJ I DATE: September 22, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk adw"6^' SUBJECT: Hearing for Ming Yao Zheng Regarding Rental Property Located at 6830 Perry Ave N Recommendation: It is recommended that the City Council: 1.Receive Staff report. 2.Open the Hearing to receive applicant testimony. 3.Close the Hearing 4.Direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for 6830 Perry Ave N. or adopt proposed resolution to revoke the rental license. Background: According to City Ordinance Chapter 12-911 subd. 2c, if a third instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderly violation for the same tenancy, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. The licensee must be given written notice of the hearing before the City Council regarding the license action. Since the licensee violated the City Ordinance Chapter 12-911, staff is recommending the Council consider revocation of the rental license. According to City Ordinance Chapter 12-911 Subd. 4, if the licensee diligently pursues eviction actions, the license actions would be stayed. Commander Tim Gannon and other Police Department staff have been working with the John Thames, the City Prosecutor, regarding this issue. As of the date of the preparation of this memorandum, no such eviction action has been filed. Any updates regarding the situation will be provided to the City Council at the Council Meeting. City Prosecutor John Thames will present information about this case. Police Commander Tim Gannon will also be available to answer questions. Information regarding this property and violations is summarized below: • According to Hennepin County property records, Ming Yao Zheng is the owner of the residential property located at 6830 Perry Avenue North. Mr. Zheng was issued a Type II (two year) rental housing license for the property on January 16, 2013. The license expires December 31, 2014. A copy of the Hennepin County Property Information record is attached. • On May 5, 2013 the Brooklyn Center Police Department responded to a validated disturbing the peace complaint on the property. In a letter dated May 14, 2013, the Department informed Mr. Zheng of this incident and notified him that it constituted a violation of City Code Section 12-911. Mr. Zheng was further informed that repeated Mission: Ensuring an attractive, clean, safe, inclusive co,nlnuniz)' that enhances the quality of life for ahipeople and preserves the public trust [i1S1IJIIJ I N I Mk74 UYA I DM [I) 1I I1II'AI violations could result in potential action on his rental housing license. A copy of the letter is attached. On September 1, 2013 the Brooklyn Center Police Department responded to another validated disturbing the peace complaint on the property. Mr. Zheng was advised of the violation via a letter dated September 17, 2013. Mr. Zheng was further advised that this constituted a second violation under City Code Section 12-911 and that he would be required to submit a response with proposed remedial actions. In a letter dated October 15, 2013, Mr. Zheng submitted a short response which indicated his proposed remedial action would be to evict his current tenant. Copies of these letters are attached. On April 10, 2014 the Brooklyn Center Police Department responded to yet another validated disturbing the peace complaint on the property. Mr. Zheng was verbally informed of this incident on May 1, 2014 and was advised to inform the Brooklyn Center Police Department of his current intent to evict the present tenants. On May 5, 2014 Mr. Zheng informed Crime Prevention Specialist Becky Boie that he did not intent to evict the present tenants and he planned to give them "another chance". Mr. Zheng was advised that inaction to remedy the ongoing violations on the property could, result in actions taken on his license. Brooklyn Center Police Department sent an official notice letter dated May 6, 2014 advising Mr. Zheng of the April 10, 2014 violation and informing him that it amounted to a third 12-911 violation within one year. A copy of the letter is attached. Mr. Zheng was sent notice of a hearing before the Brooklyn Center City Council on September 22, 2014 at 7 p.m. He was advised of his right to be heard at the hearing and that a diligently pursued eviction action filed against the tenants at the property would stay any action by the Council. A copy of the letter is attached. As of the date of the preparation of this memorandum, no such action has been filed. Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment: Resolution Copies of Correspondence Mission: Eizsu ring an attractive, clean, safe, inclusive community that enhances the quality of life for all people amid preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO REVOKE A RENTAL HOUSING LICENSE FOR 6830 PERRY AVENUE NORTH WHEREAS, the City of Brooklyn Center ("City") issued a rental housing license to Ming Yao Zheng ("Licensee") for property located at 6830 Perry Avenue North, Brooklyn Center, MN 55429 ("Premises"); and WHEREAS, Section 12-911, paragraph 1 of the City of Brooklyn Center Code of Ordinances ("Code") indicates that it "shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly"; and WHEREAS, the Brooklyn Center Police Department responded to approximately 54 calls for service at the Premises since March 2010, which includes at least three validated calls involving disorderly activities as defined in the Code within the twelve (12) month period from May 2013 to May 2014; and WHEREAS, the City's Police Department provided the Licensee written notice of the violations indicating that steps needed to be taken to prevent further violations; and WHEREAS, Section 12-911, paragraph 2.c of the Code indicates that upon the third instance of disorderly use of a licensed premises within a twelve (12) month period from the first disorderly violation for the same tenancy the rental license may be denied, revoked, suspended, or not renewed; and WHEREAS, Section 12-911, paragraph 3 of the Code indicates the City Council shall hold a hearing to consider whether to revoke, suspend, or not renew the rental license, said hearing to be held no less than ten (10) days and no more than forty-five (45) days after giving the Licensee notice of the hearing; and WHEREAS, Licensee was notified of such a hearing to be held on September 22, 2014 via a letter dated August 28, 2014; and WHEREAS, a hearing to consider whether to revoke, suspend, or not renew the rental license was held on September 22, 2014 and evidence was presented of the disorderly activities on the property as well as the notices to Licensee of such activity on which action was not taken by Licensee. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The rental license issued to Licensee for the property located at 6830 Perry Avenue North, Brooklyn Center, MN 55429 is hereby revoked. 2.A notice of this revocation shall be posted at the Premises. September 22, 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. Hennepin County Property Information Search Version * 1.2014.3 Page 2 of 3 Search By: Parcel Data for Taxes Payable 2014 dv—rinl - Property ID:33-119.21-11-0031 J1 Address:6830 PERRY AVE N Municipality:BROOKLYN CENTER School 15 279 Construction year: 1955 Watershed: a Approx. Parcel Size: 75 X 134 HOUSE or BUILDING #: :6830 Sewer Dist: Owner Name:MING YAO ZHENG STREET NAME:(at least first 3 characters)Taxpayer Name MING YAO ZHENG perry avenue & Address: 6830 PERRY AVE N UNIT #(irappticabte)BROOKLYN CENTER MN 55429 Sale Information Search Clear Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: April, 2009 records per page Sale Price: $65,000 Transaction Type: Tax Parcel Description The following Is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name: Lot: Block: First Line Metes & Bounds: Full Metes & Bounds: Abstract or Torrens: MARSTAN PLACE 003 001 Note: To read full tax parcel description, click here. TORRENS Value and Tax Summary for Taxes Payable 2014 Values Established by Assessor as of January 2, 2013 Estimated Market Value: $111,600 Taxable Market Value: $111,600 http://wwwl6.co.hennepin.mn.us/pins/addrresult.jsp 9/17/2014 Hennepin County Property Information Search Version * 1.2014.3 Page 3 of 3 Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: ad to, detail;I1 Property Information Detail for Taxes Payable 2014 Values Established by Assessor as of January 2, 2013 Values: Land Market Building Market Machinery Market Total Market: Qualifying Improvements Veterans Exclusion Homestead Market Value Exclusion Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status $34,400 $77,200 $111,600 RESIDENTIAL NON-HOMESTEAD Hennepin County Is providing this information as a public service. Tax related questions: taxinfoihennenin.uS Hennepin County, Minnesota Open government Privac Copyright 2014 http://wwwl6.co.hennepin.mn.us/pins/addrresultjsp 9/17/2014 7BR70ZKLVN CENTER NNW MN Police Department May 14, 2013 Ming Yao Zheng 210 Van Buren Ave No Hopkins, MN 55343 Dear Property Owner/Manager: Our city records show that you own/manage the property located at 6830 Perry Ave No Brooklyn Center MN 55429 This letter is to inform you that the City of Brooklyn Center Police Department has responded to the above address where a service call involving nuisance misconduct has occurred. The specifics of that call are outlined below; • Case/CAD number: P131250210 • Date and time of incident: 05/05/2013 03:40 AM. • Address, including Apt #: 6830 Perry Ave No • Name of Tenant(s)/parties involved; Lashay Springer/Mona Strong • Misconduct involved: Disturbing the Peace A copy of City of Brooklyn Center Ordinance No 12-911 is available online at www.cityof brooklyncenter.org . This letter serves as first notice for the property listed above for having a violation of City of Brooklyn Center Ordinance 12-911, Conduct on Licensed Premises. You are advised to take appropriate action. If a second violation occurs, the rental licensee is required to submit a written response to Sergeant Richard Gabler regarding actions proposed. A third violation may be cause for 1kense denial or revocation. Please become familiar with City of Brooklyn Center Ordinance 12-911, Conduct on Licensed Premises. - Our procedure is to inform you that a first violation has occurred and ask you to take steps to deal with the problem to prevent further violations. If you have any questions, please feel free to call Sergeant Gabler at 763-503-3208. We appreciate your prompt attention to this matter. Sincerely, Commander Tim Gannon Brooklyn Center Police Department Police Department 763-569-3333 6645 Humboldt Avenue North FAX 763-561-0717 Brooklyn Center, MN 55430-1853 City of BROOKLYN CENTER Police Department September 17, 2013 Kevin Benner, Chief of Police Ming Yao Zheng 210 Van Buren Ave No Hopkins, MN 55343 Dear Property Owner/Manager: Our city records show that you own/manage the property located at 6830 Perry Ave No Brooklyn Center MN 55429 This letter is to inform you that the City of Brooklyn CenterPolice Department has responded to the above address where a service call involving nuisance misconduct has occurred. The specifics of that call are outlined below: • Case/CAD number: 132440960 • Date and time of incident9/1/2013 5:04 PM • Address, including Apt #: 6830 Perry Ave No • Name of Tenant(s)/parties involved: Jamal Marcus Johnson • Misconduct involved: Disturbing Peace A copy of City of Brooklyn denIer Ordinance No 12-911 is available online at www.cityof brooklyncenter.org . This letter serves as first notice for the property listed above for having a violation of City of Brooklyn Center Ordinance 12-911, Conduct on Licensed Premises. You are advised to take appropriate action. A second violation has occurred towards the rental licensee and it is now required that you submit a written response to Sergeant Rick Gabler regarding actions proposed. A third violation may be cause for license denial or revocation Please become familiar with City of Brooklyn Center Ordinance 12-911, Conduct on Licensed Premises. Our procedure is to inform you that a Second Vio1atio.n has occurred and ask you to take steps to deal with the problem to prevent further violations. If you have any questions, please feel free to call Sergeant Gabler at 763-503-3208. We appreciate your prompt attention to this matter. Sincerely, Commander Brian Peters Brooklyn Center Police Department Police Department 763-569-3333 6645 Humboldt Avenue North FAX 763-561-0717 Brooklyn Center, MN 55430-1853 October 15, 2013 Dear Sergeant Rick Gabler, Thank you for informing me of the service call involving nuisance misconduct for my property located at 6830 Perry Ave No Brooklyn Center, MN 55429. The action I purpose to deal with the problem to prevent further violations includes Eviction of the tenant. If you have any questions or would like to discuss this matter further, please feel free to call me 917-815-3026 Sincerely,.eing Yao Zheng t Ming Yao Zheng 210 Van Buren Ave No Hopkins, MN 55343 Dear Mr. Zheng: Our city records show that you own the property located at: 6830 Perry Ave No Brooklyn Center MN 55429 This letter is to inform you that the City of Brooklyn Center Police Department has responded to the above address where a service call involving nuisance misconduct has occurred. The specifics of that call are outlined below: • Case/CAD number: 141001238 • Date and time of incident: 4/10/2014 8:20 PM • Address, including Apt #: 6830 Perry Ave No • Name of Tenant(s)/parties involved: Uncooperative parties • Misconduct involved: Disturbing Peace Officers also responded to another disturbance call on 4/12/2014 at 2:10 AM for a loud party. You were verbally informed of a third violation on May 1, 2014 by Crime Prevention Specialist Becky Boie and were advised at that time to inform us of your intentions with the renters of the property. On May 5, 2014 you contacted Becky Bole and informed her that you were going to give the renters "another chance". You were informed at that time that there could be ramifications with your rental license if you chose to do nothing to rectify the situation. Based on your response and inability to maintain your property in a manner that does not disturb the neighborhood we are moving to the next step as outlined in ordinance. Per City ordinance 12.911 we will be informing the Brooklyn Center City Council that a third-violation has occurred. That notification will accompany a full report by the police department detailing the previous disturbances created by your current renter. The City Council will decide if there is cause for license suspension and/or revocation. If you have any questions, please feel free to call Sergeant Oarett Flesland at 763-503-3205.• We appreciate your prompt attention to this matter. A copy of City of Brooklyn Center Ordinance No 12-911 is available online at www .cityo fbrooklyncenter.org . Sincere AyJ Command/'r Tim Gannon Brooklyn Center Police Department 6645 Humboldt Avenue North Brooklyn Center, MN 55430-1853 Police Department 763-569-3333 FAX 763-561-0717 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 22, 2014 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements for Front Porches 2.Sister City Voinjama Visit Update 3.Wireless Antenna Ground Lease 4.Highway 252 Open House Parking Lot Issues Joint Meeting with Charter Commission