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HomeMy WebLinkAbout2014 10-13 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 13, 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 1. Follow-Up Report on Revoked Rental License at 6830 Perry Ave N 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center October 13, 2014 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation —7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of CouncilConsideration Items. a. Approval of Minutes 1.September 22, 2014— Study/Work Session 2.September 22, 2014 - Regular Session 3. October 6, 2014 - Joint Work Session with Financial Commission b. Licenses C. Resolution Setting 2015 Employer Benefits Contribution for Full-Time Non- Union Employees d.Resolution Authorizing Execution of a Professional Services Agreement for Design Services and In-Construction Services, Project Nos. 2015-05, 06, 07 and 08,63 rd Avenue North Street and Utility Improvements e.Deer Program Report f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- October 13, 2014 g. Resolution Adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of January 1, 2015, From the Hennepin County Chiefs of Police Association Mutual Aid Pact 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2014 Landscape and Garden Spotlight Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. An Ordinance Regulating Signs that are Works of Public Art; Amending Brooklyn Center City Code, Section 34-140 —This item was first read on September 8, 2014; published in the official newspaper on September 18, 2014; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9.Planning Commission Items —None. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 4407 66th 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. b.Consideration of Type IV 6-Month Provisional Rental License for 6200 Brooklyn Boulevard 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- October 13,2014 C. Consideration of Type IV 6-Month Provisional Rental License for 5245-47 Drew Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. d.Consideration of Type IV 6-Month Provisional Rental License for 5001 Ewing Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. e.Consideration of Type IV 6-Month Provisional Rental License for 5618 Hillsview Road Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. f.Consideration of Type IV 6-Month Provisional Rental License for 5307 Howe Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. g.Consideration of Type IV 6-Month Provisional Rental License for 5442 James 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 -4- October 13, 2014 h.Consideration of Type IV 6-Month Provisional Rental License for 4207 Lakeside Avenue #337 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. i.Consideration of Type IV 6-Month Provisional Rental License for 5400-02 Russell 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.. j.Consideration of Type IV 6-Month Provisional Rental License for 1510 69th Avenue North 1. Resolution Approving a Type IV Rental License for 1510 69th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. k.Consideration of Type IV 6-Month Provisional Rental License for 6316 Quail Avenue North 1. Resolution Approving a Type IV Rental License for 6316 Quail Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -5- October 13, 2014 1. Consideration of Type IV 6-Month Provisional Rental License for 1601 67th Lane North 1. Resolution Approving a Type IV Rental License for 1601 67th Lane North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 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. City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 22, 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 Kleven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, 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 Councilmember Lawrence-Anderson asked, with regard to Regular Session Agenda Item 6c, whether the proposed water treatment plant design will incorporate any of the sustainability measures discussed by the City Council. City Manager Curt Boganey stated the project is designed with the capability of adding solar power in the future. He added, however, the building's current design does not include any of the possible features discussed by the City Council. Councilmember Myszkowski requested clarification regarding Regular Session Agenda Item 6d, related to BC Liquor's location during the Surly Brewing Co. Darkness Day event on October 25, 2014. Mr. Boganey stated BC Liquor will occupy space at Cass Screw Machine Products, near the Surly Brewing Co. facility, during the Darkness Day event. Councilmember Ryan requested clarification with regard to EDA Agenda Item 4a, environmental clean up of the Howe Fertilizer site. He added this has been an ongoing issue with the Minnesota Department of Agriculture. Mr. Boganey stated an agreement has been reached and final clean up and commencement of construction is expected in fall 2014. Mayor Willson requested that City staff provide a schedule timeline for the Howe Fertilizer site environmental clean up for the City Council's review. Mr. Boganey agreed. 09/22/14 -1- DRAFT MISCELLANEOUS There were no items to discuss. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS There were no items to discuss. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Study Session at 6:15 p.m. Motion passed unanimously. 09/22/14 -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 REGULAR SESSION SEPTEMBER 22, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and 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 Ryan shared a passage from Romans 12:7 for the Invocation: "If your gift is serving others, then serve them well." 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 09/22/14 -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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and 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 Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. 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 6b. LICENSES RENTAL INITIAL (TYPE III— one-year license) 132963 d Lane INITIAL (TYPE II— two-year license) 5455 Emerson Avenue N 6243 France Avenue N 6900 Newton Avenue N RENEWAL (TYPE III— one-year license) 142555 th Avenue N 4214 Lakeside Avenue 41016 1't Avenue N 6005 Admiral Place 5351 Irving Avenue N RENEWAL (TYPE II— two-year license) 280665 1h Avenue N 281366 th Avenue N 6300 France Avenue N 4013 Joyce Lane Vicki Krokum Mark Colville Gavin Kleinknecht Gavin Kleinknecht Trnng Duong - No ARM Meetings James Shoultz Long Xiong Missing 1 ARM and CFHC Dan Soffa Doug Wahl A-Jelil Abdella Su Feng Zheng Wade Klick Fredrick Heim 09/22/14 -2- DRAFT RENEWAL (TYPE I— three-year license) 6342 Orchard Avenue N Art Zink 6670 Xerxes Place N Dolores Fischer 6c.RESOLUTION NO. 2014-130 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-05, WATER TREATMENT PLANT 6d.RESOLUTION NO. 2014-131 APPROVING A LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 6e. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR LUTHER BROOKDALE TOYOTA AND HONDA DEALERSHIP SITES, 6700 AND 6800 BROOKLYN BOULEVARD Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8.PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed special assessment hearing. She reviewed each appeal and provided information for the City Council's review in each case. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Wade Klick 6300 France Avenue North, stated he did not receive sufficient notice of the complaint from the City, and City staff has not been able to provide copies of letters sent to him. He added his tenants do not speak English, and did not forward mail addressed to him. He questioned why the first two letters were sent via Certified Mail, but the third letter was not. Mr. Klick stated he does not think the fines should continue to increase if he has not received proper notice. 09/22/14 -3- DRAFT Councilmember Ryan asked whether Mr. Klick receives his water bill. Mr. Klick stated utility bills are sent to both his P.O. Box and the rental property to ensure that they are paid on time. He added the rental property address is listed in Hennepin County tax records. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Councilmember Ryan asked, with regard to 6300 France Avenue North, whether the owner has some responsibility to ensure that their property records are up to date, and to communicate any changes to the County. Mayor Willson asked, with regard to 5331 Camden Avenue North, whether the photos are an accurate representation of the current state of this property. Ms. Schleuning stated she is unsure whether junk and other items on the property have been moved around, but the resident has not made any effort to improve the situation, and the property continues to be in violation of City ordinances. Mr. Boganey stated it would be very difficult for City staff to determine whether Hennepin County property ownership records are current and accurate. He added County property records are reliable as property taxes are sent to the address on file with Hennepin County. 1.RESOLUTION NO. 2014-132 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2.RESOLUTION NO. 2014-133 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-132 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls; and RESOLUTION NO. 2014-133 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1309 68TH LANE NORTH 09/22/14 -4- DRAFT Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1309 68th Lane North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOb. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7018 IRVING AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7018 Irving Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOc. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6900 QUAIL AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6900 Quail Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOd. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR VICTORIA TOWNHOUSES, 6740 GRIMES PLACE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 09/22/14 -5- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for Victoria Townhouses, 6740 Grimes Place, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOe. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3413 62ND AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3413 62nd Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOf. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5517 KNOX AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5517 Knox Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOg. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4204 LAKEBREEZE AVENUE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-134 APPROVING A TYPE IV RENTAL LICENSE FOR 4204 LAKEBREEZE AVENUE Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt 09/22/14 -6- DRAFT RESOLUTION NO. 2014-134 approving the Issuance of a Type IV Rental License for 4204 Lakebreeze Avenue, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOh. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5706 CAMDEN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-135 APPROVING A TYPE IV SIX-MONTH PROVISIONAL RENTAL LICENSE FOR 5706 CAMDEN AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2,014-135 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 5706 Camden Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOi. HEARING FOR MING YAO ZHENG REGARDING RENTAL PROPERTY LOCATED AT 6830 PERRY AVENUE NORTH Mr. Boganey introduced the item. He invited City Prosecutor John Thames to address the City Council on this issue. John Thames, City Prosecutor, stated the Police Department has responded to 54 calls for service since 2010 at the rental property located at 6830 Perry Avenue North. He added the owner of the property is Ming Yao Zheng, to whom the rental license is issued. He noted the rental license expires on December 31, 2014. Mr. Thames stated public disturbance notices were sent to the property owner, Mr. Zheng, on May 5 and September 15, 2013, and April 10, 2014. He added that Mr. Zheng was notified on August 28, 2014, that, pursuant to City Ordinance 12-911, evidence of eviction on his part would stay any action by the City Council, but he did not pursue eviction. He noted it is the recommendation of City staff and the Brooklyn Center Police Department that Mr. Zheng's rental license be revoked, effective immediately. City Attorney Charlie LeFevere stated any decision of the City Council should include a written order providing a date when the new license can be effective as well as a date when applications will be received. 09/22/14 -7- DRAFT Police Commander Tim Gannon stated Police Officers were called to the rental property and witnessed 7 validated disturbances, and neighbors have been submitting anonymous complaints. He added the rental property has been occupied by the same renters since 2010, and the property owner has been given ample opportunity to take action. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Jack Zheng, a student at the University of Minnesota, spoke on behalf of his brother, Ming Yao Zheng, 2010 Van Buren Avenue North, Hopkins. He asked how long his brother will have before he has to evict his tenants if the license is revoked at tonight's meeting. Mayor Willson encouraged the property owner to begin proceedings against his tenants immediately. Mr. LeFevere stated the property owner can pursue an unlawful detainer action. Councilmember Lawrence-Anderson stated the property owner has been aware of the renter's violations since 2013, as well as the possibility that the rental license could be revoked. She added no action was taken by the property owner to evict the tenants. Councilmember Ryan asked why the applicant did not evict the tenant, as indicated in his October 13, 2013, letter to City staff. Mr. Zheng stated they are good tenants, and always pay their rent on time, and he decided to give them another chance. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan stated the property owner made a conscious decision not to evict the tenants, even though he was aware of their repeated disturbances. He added there has been clear communication from the Police Department to the property owner. He noted, on that basis, this action by the City Council is warranted. Councilmember Myszkowski stated the residents of Brooklyn Center are continually confronted with rental tenants causing neighborhood disturbances, and they want it to stop. She added the City often does not have enough information or documentation to enact change. She noted, in this case, the tenants caused repeated disturbances and created an atmosphere in which the neighbors felt threatened, and yet no action was taken by the property owner to address this issue, which has led to the loss of the quality of life in the neighborhood. Councilmember Myszkowski stressed to the property owner, Mr. Zheng, the importance of the City Council's action in revoking his rental license, and the seriousness with which the City Council undertakes this action. 09/22/14 -8- DRAFT Councilmember Lawrence-Anderson stated Brooklyn Center is a safe community with good neighborhoods and residents who care about their homes and their neighbors. She added one of residents' main concerns is the blight of rental housing in neighborhoods, which reduces desirability and negatively impacts home values. Councilmember Ryan stated residents often wonder why it takes so long for the City to take action on issues like this, but the City is required to pursue due process. He added, in this situation, abusive, disorderly tenants have subjected neighborhood residents to disturbances and fear, and created the possibility of escalating conflict. He noted he is pleased that the City is taking action on this rental license. 1. RESOLUTION NO. 2014-136 TO REVOKE A RENTAL HOUSING LICENSE FOR 6830 PERRY AVENUE NORTH Mayor Willson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014- 136 to Revoke a Rental Housing License for 6830 Perry Avenue North, with the following amendment: 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 from October 1, 2014, to October 1, 2015. No approval of any application will be effective until October 1, 2015. No application will be accepted for processing until August 1, 2015. and Mayor Willson further instructed that City staff provide a report to the City Council at a meeting within the next thirty days detailing the property owner's actions with regard to eviction of the current tenants. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 10, 2014, tour of model apartments in newly remodeled Lake Pointe Apartment complex, 53' Avenue North and Brooklyn Boulevard • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 18, 2014, gave Mayor's Greeting and Proclamation at Prince Hall Grand Masonic Lodge Annual Convention, held at Boulevard Hotel • September 18, 2014, Firehouse Park Neighborhood Meeting • September 21, 2014, Multimodal Transportation Forum, held at Union Depot, St. Paul • September 28, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School from 8:00 a.m. - 12:30 p.m. 09/22/14 -9- DRAFT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 12, 2014, shopped at Crime Prevention Association's Book Sale Fundraiser • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 13, 2014, North Memorial Clinic Opening Ceremony Ribbon Cuffing • September 15, 2014, met with new CEAP Board Chair and prospective CEAP Board Member • September 15, 2014, Brooklyns Youth Council meeting • September 16, 2014, Earle Brown Days Meeting, elected new Chair Tom Shinnick • September 17, 2014, CEAP Board Meeting • September 18, 2014, Firehouse Park Neighborhood Meeting • September 19, 2014, met with new CEAP President • September 22, 2014, lunch meeting with Decontee Sawyer, widow of Patrick Sawyer, American who contracted and died from Ebola virus; hosting a memorial service for victims of Ebola to be held Saturday September 27, 2014, 12:00 p.m., at Brookdale Christian Center Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 10, 2014, Odyssey School Board Meeting • September 12, 2014, shopped at Crime Prevention Association's Book Sale Fundraiser • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 16, 2014, Earle Brown Days meeting • September 18, 2014, Firehouse Park Neighborhood Meeting • September 17, 2014, Odyssey School visit with 3' grade class • September 21, 2014, visited Brooklyn Center Farmer's Market • September 25, 2014, Brooklyn Center Business Association Luncheon • September 17, 2014, Robbinsdale School District 281 Referendum Meeting - discussed renewing existing operating levy as well as new technology levy • September 23, 2014, Regional Cultural Service Unit Peer Education Training at West Fire Station • October 25, 2014, Odyssey Academy Grand Re-Opening and Pancake Breakfast Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 10, 2014, toured Lake Pointe Apartments, new complex renovated by Jim Soderbergh - expressed appreciation for Mr. Soderbergh who has refurbished many of the City's apartment complexes, creating more livable and modern spaces • September 12, 2014, videotaped "Mayor's Minute" at Cable TV Channel 12 • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 13, 2014, North Memorial Clinic Grand Opening and Ribbon Cutting 09/22/14 -10- DRAFT • September 16, 2014, participated in panel discussion at the Presidents' Office of National Drug Policy Control Forum at the White House, along with other recovery advocates; related the story of his daughter, who passed away in May 2007 from a heroin overdose • September 18, 2014, spoke with a reporter from Minnesota Public Radio along with Mr. Boganey • September 18, 2014, Firehouse Park Neighborhood Meeting • September 20, 2014, met with West African Family Day Committee at Center for Families, 333 North 4th Street, Minneapolis • September 28, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School from 8:00 a.m. - 12:30 p.m. • September 30, 2014, Dangerous Dog Hearing • October 1, 2014, Candlelight Vigil at North Hennepin Community College to raise domestic abuse awareness • October 6, 2014, Special Budget Meeting with Financial Commission • October 7, 2014, Brooklyn Center Fire Relief Association Meeting • October 11, 2014, meeting with a group to discuss the City of Brooklyn Center at Gardens of Salonica, 19 5 IStreet NE, Minneapolis • October 12, 2014, Cub Scouts Eagle Badge Award Ceremony at St. Alphonsus Church at 6:30 p.m.; assist Cub Scouts in getting their citizenship badges 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 9:20 p.m. Motion passed unanimously. 09/22/14 -11- 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 OCTOBER 6, 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 Kieven was absent and excused. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Anna Burke, Steve Landis, Rex Newman, Dan Schueller, James Schulz, and Dean Van Der Werf. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve this evening's agenda. Motion passed unanimously. SPECIAL REVENUE FUNDS INTERNAL SERVICE FUNDS DEBT SERVICE FUNDS Finance Director Nate Reinhardt provided an overview of the Special Revenue Funds, which include the Community Development Block Grant (CDBG) Fund, Police Forfeitures, Tax Increment Financing Districts (TIF), City Grants, Recreation Grants, and Police Grants. Finance Director Reinhardt also presented information on the Internal Service Funds, Equipment Replacement, Central Garage Cash Flow, Debt Service Funds, Combined Debt Payment Schedule for Debt Service Funds (Principal and Interest), and information on a proposed debt issue for 2015. There was discussion regarding the police officers body microphones and it was noted that the Police Chief will be asked to provide more information as to what is covered with the proposed $15,000 and what the total cost would be to have all police officers equipped with body microphones. A question was raised as to whether or not the recently damaged fire truck will be repaired or replaced. It was noted that the damaged fire truck is proposed to be replaced two years earlier than the replacement date because it was more cost effective than repairs. There will be some insurance funds provided and Finance Director Reinhardt will provide those numbers. 10/06/14 4- DRAFT There was some discussion regarding the golf course equipment replacement items and whether or not it will be necessary to replace them now. It was noted the items have reached the useful life and it has been determined the cost of maintenance exceeds the dollar of replacement. The golf course will be discussed further at a future Work Session. A question was raised as to what the life expectancy is for a street sweeper. City Manager Boganey answered that he thought it was 15 years; however, he will report back on the exact amount of years. A question was raised as to whether or not a comparison regarding backward debt/financing could be researched to provide reliable data for the new water treatment plant. City Manager Boganey answered that could be done by putting information together from the Comprehensive Annual Financial Report (CAFR). FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS Listed with the agenda packet were future budget meetings which included October 20, 2014, and November 3, 2014. November 10, 2014, would be the regular City Council meeting where the Utility Rates would be considered and December 1, 2014, would be the Public Hearing and Budget adoption. iMIi1SJ1iWAI 3K11 Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 7:30 p.m. Motion passed unanimously. 10/06/14 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: October 7, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cl y1 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on October 13, 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. LIQUOR - CLASS A ON-SALE INTOXICATING, SUNDAY, AND 2 A.M. 2200 Beverage Management, LLC dba Minneapolis Boulevard Hotel 2200 Freeway Boulevard MECHANICAL Air Rite Heating & A/C Inc. Associated Mechanical Contractors, Inc. Cities 1 Plumbing & Heating Freedom Heating & Air Conditioning Inc Friendly Home Services Inc. Northwest Heating & Cooling Pfiffner Heating & Air Conditioning Sedgwick Heating RENTAL See attached report. SIGN HANGERS DeMars Signs Landmark Architectural Signs, LLC Designer Sign Systems 6935 146th Street W #3, Apple Valley 1257 Marschall Road, Shakopee 787 Hubbard Ave, St. Paul 2500 Hwighway 88, Minneapolis 7510 Lannon Avenue NE, Otsego 434 Taylor Street, Anoka 6301 Welcome Ave N #26, Brooklyn Park 1408 Northland Drive, Mendota Heights 11570 Foley Blvd. NW, Coon Rapids 17576 Hemlock Ave, Lakeville 9975 Flanders Court, Blame 1fission: Ensuring an attractive, clean, safe, inclusive community that enhances the qual!t.v oJlfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 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 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 4/c for all people and preserves the public trust U- •- -- !!LI .— .— .— .— i!!!H!II!I!!I!III 70U) I I II t l I 4 I I I I I I I I I I I II I I I cI ci c1 E 1 El I I I I I I II ImI Lfl D N I Iii I -4 -.- I 1 Im .H k 0II0ICONICOICOI I I INI I t i I I l I I I I I I I I I I I I I I I I I col VI c c -D Q -LI LU Ln a) c c In cE -0 _IL) 4-c II)00)4-' Coc 0)0 cc Wc I-(a a)a)- (3___I '-Ca cE (D 0 >-0a)c g c 0ca(a bO v 0)-<c E --0 -c j3 -=(a >0 =-0)-c 0 U)a)(a0>E800c o (, u 3c>--E a)a)cnc E cc E c E a)c c C0c c -'-.2 0 c O c >-E -J ca Q cc(a0ct..r ,..cm ._-c o o-U)03 UO303-U -------- (a (a (a (a (a (aC0 (a (a(a (a(a---(a(0 (a(a--(a (a (a(0 (a o (a (a (a a)(I)a)a)a)cu a)a) -- a)a)0)01 a)a)(1)ccca)0)a) a) IW ccc a)ccc(I)(1) c c c c ccc c cc a)ccc a)a)a)a) a)a)a)a)Ifl a)U0,a)0 a)0)a)Wa)a)a)a)a)a)a)0) In U - -- — ----- ::- - U -J >>- _EEEEEEEEEEEE co E VI E E E E U-U-'U-U-U-U-U-(aU-°U-U-'U- U-(a U-'U-cuU- U-IL(1)a)U) Eb1D3 bflc Li.Li.LI-L1 a)a)a)a)a)a)a)a)0)0)a)a) a)w a C a)ObOb0-N-°°w OD tLo U 0HF-N I—I— U)z z z z .z zzEU)>a)Z-le a)a)a)Z c E. LOa)2 .0 cr U,0 (.9 N NI-NLC) C3OLONLO 1-0 00 N N Lfl -1 -1 N CO 0 0o0NNcOU)N COCO 000 00 0 N CO CO 0 ro CO o 0co LflN 0 CO .O_CO C)0t COLO N.0 If)COIf D It)00 N -1 N N L/)U)ID CO U)ID -1 N CO IDU)CO U)o >-o -i U CL rL co RL 4-'a) - Ca U) 1 I ICL W 2 CL U)cua)U) 0 VIo .0 0) U) VI o 4-'q- v 0a) C 0)1 0a) a) VILI) () C- VI 00 CU- U) CU CU 11 GJ ai IL .) *cu (_) * * =* * * City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: September 26, 2014 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION SETTING 2015 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Recommendation:It is recommended that the City Council consider adoption of the attached resolution setting the 2015 employer benefits contribution for full-time non-union employees. Background:The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and- short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power for health and life insurance. Our current health insurance provider is Blue Cross Blue Shield. Annually the City receives the premium increase for health insurance coverage from the LOGIS group. For 2015 the group received a 10.7%. For 2015 the single health insurance premiums range from $483 to $807. Family premiums range from $1,254 to $2,095. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for out of pocket expenses (preventative visits are always covered at 100 %.) We are continuing efforts to encourage better consumerism hoping the results will continue to affect and lower our claims experience, which in turn will affect our rates. In order to continue efforts in achieving the goal we are proposing no increase to the benefit contribution and a $57 increase to the incentive for those employees electing to participate in a high deductible health plan. It is recommended that the City Council consider adoption of the attached resolution setting the 2015 employer benefits contribution for full-time non-union employees. The total recommended employer benefits contribution for 2015 is $852 per month (2014 was $852.) Those electing a high deductible health plan will receive a $207 per month incentive (2014 was $150.) Budget Issues:The total increase of $57 per month to the cafeteria benefit plan would result in a maximum increase of $58,140. Sufficient funds are available in the general fund of the proposed 2015 budget. Council Goals:1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public Member introduced the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION SETTING 2015 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that the City's contribution for 2015 should remain at the current amount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full-time non-union City employees for the calendar year 2015 shall be set at $852.00 per month including the cost of$1 0,000 in life insurance coverage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that an incentive of $207 per month shall be provided to all regular, full-time non-union City employees electing to participate in a high deductible health plan. October 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d 1IJ[iJ fl I I Ih'A UhYA I 3k'A [I]tiIP1IJ'AI DATE: October 7, 2014 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Manager SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for Design Services and In-Construction Services, Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue North Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the resolution authorizing execution of a Professional Services Agreement for Design Services and In-Construction Services for the 63rd Avenue North Street and Utility Improvements project. Background: On March 24, 2014, City Council established 63rd Improvements project. This project is included in the 2015 in the amount of $3,910,000. The total 2015 CIP amou second neighborhood reconstruction project (Freeway P $7,060,000) that is being designed "in house" by City staff. Avenue North Street and Utility Capital Improvement Program (CIP) .t is $12,127,000, which includes a k Area Improvements budgeted at City staff sent a Request for Proposals to three consulting firms to provide design services and in-construction services for this project and two proposals were received. City staff evaluated and ranked the proposals by SRF Consulting Group, Inc. and WSB and Associates, Inc. Based on qualifications, project delivery, work plan, schedule and cost, staff is recommending SRF Consulting Group, Inc. to provide the needed professional services. SRIF Consulting Group, Inc. is available to start immediately to continue with the preliminary and final design of this project. The following is the schedule for this project: Design and Project Approval October 2014 - Spring 2015 Start Construction Spring 2015 Complete Construction Fall 2015 Budget Issues: The contract amount of $417,704 with SRF Consulting Group, Inc. for design services and in- construction services (see attached contract) is within the 2015 budgeted project amount. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for al/people aiulpreseri'es the public heist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AND IN- CONSTRUCTION SERVICES, PROJECT NOS. 2015-05, 06, 07 AND 08, 63 AVENUE NORTH STREET AND UTILITY IMPROVEMENTS, WHEREAS, the Capital Improvement Program for the City of Brooklyn Center identifies street and utility improvements along 63 Avenue North from Brooklyn Boulevard to the west city limits; and WHEREAS, a feasibility study will be prepared by the City in December 2014 for the 63'd Avenue North Street and Utility Improvements; and WHEREAS, the City desires to complete the proposed street and utility improvements for the 63rd Avenue North corridor in 2015; and WHEREAS, City staff has negotiated a Professional Services Agreement with SRF Consulting Group, Inc., to provide for the design of street and utility improvements and in- construction services for said project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to execute an agreement for professional services with SRF Consulting Group, Inc. in the amount of $417,704 to provide street and utility design and in-construction services for Improvement Project Nos. 2015-05, 06, 07 and 08, 63'd Avenue North Street and Utility Improvements. October 13, 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. PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 13th day of October, 2014, between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ("City") and SRF CONSULTING GROUP, INC., One Carlson Parkway North, Suite 150, Minneapolis, MN 55447 ('Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2.Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3.Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4.Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5.Audit Disclosure. The Consultant must allow the City or its duly authorized • agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Professional Services Agreement Page 2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6.Term. The term of this Agreement will be from October 13, 2014, through December 31, 2015, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7.Termination. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8.Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9.Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10.Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11.Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13.Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14.Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15.Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16.Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17.Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,500,000 for each occurrence and aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Professional Services Agreement Page 4 19.Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20.Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF BROOKLYN CENTER SRF CONSULTING GROUP, INC. By: Steven L. Lillehaug, Public Works Director Date: By: Cornelius Boganey, City Manager Date: By: Its: Contracts Officer Date: r. N c; I Nit R s 01 D F s i (; N. E i^ s P IA N N I 1 S EXHIBIT A Group, Inc October 2, 2014 Mr. Mike Albers Project Manager CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR 63RD AVENUE RECONSTRUCTION PROJECT BROOKLYN CENTER, MINNESOTA Dear Mr. Albers: Based on your request, we are pleased to submit this proposal to provide professional services for design and construction of 63rd Avenue from the western City limits through the Brooklyn Boulevard intersection. This important link within the City system will be designed and constructed to State Aid standards. Our scope of services for both the design and construction services are attached as spreadsheets and indicate the actual tasks, hours and fee associated with each activity. Our cost is summarized as follows: Preliminary and Final Design $ 201,924.00 Construction Observation and Survey $215,780.00 TOTAL $417,704.00 A copy of SRF's current company billing rates is attached, as requested. Our design team includes the following: • Kevin Jullie will be the Project Principal and ensure SRF staff has adequate resources to perform all the needed tasks. Kevin will provide overall project oversight and participate in project meetings, as needed, to ensure the project is moving forward towards a successful completion of both design and construction administration. • Steve Miller will be our Project Manager and oversee all design efforts and plan production. Steve has 18 years of design experience including numerous projects for local cities and counties following State Aid standards. Steve has worked extensively for cities such as Maple Grove, Minneapolis and Richfield. • Alysa Emerson will perform day -to -day design tasks and report directly to Steve for the duration of the design phase of the project. w w w . r f c o n s ul tin g. torn i)n, Crlson P)rkWy North, $uit 10 I Monipotk, MN 55447-443 I 70.3.47M010 F>.: 76.47.2429 An FquiI Oppr!itn!ty Lm;ilny'r Mr. Mike Albers - 2 - October 2, 2014 City of Brooklyn Center Bob Leba will oversee the design and plan production of the drainage system to meet State Aid standards. Bob has 16 years of experience and extensive knowledge with reconstruction projects with State Aid standards. Bob will also be responsible for project permitting. e Bob Moore will oversee construction activities in the field. Alysa Emerson will be assigned to the project as the Inspector for the duration of the project on a full-time basis. This assignment will bring the benefit of first hand design knowledge to the construction phase of the project. As an example of a similar project, we offer the plans and specifications for Dupont Avenue, which was designed in 2009 through 2010, and constructed in 2010 through 2011. The Dupont Avenue project is similar in size and complexity, and included reconstruction of pavements along with installation of utilities. A copy of those plans and specifications are included as an attachment. Included in our scope of services, we list all the plan sheets anticipated as needed for the 63rd Avenue reconstruction project. Please refer to Section 10 (of our design scope), Final Construction Plans, for a complete listing of required plan sheets. We understand the intent of this RFP is to provide all items needed to successfully deliver a bid package for the construction of 63rd Avenue. In addition, construction administration services including observation and staking is required. Our scope includes those items. The following is a list of deliverables for this project: • Facilitation of project meetings, including agendas and records of meeting • Facilitation of one public meeting, including display materials, as needed • Web page update materials • Feasibility report information, as needed • Topographic survey information • Permit applications • Cost estimates • Utility verification letter and coordination with Owners • Layout showing major design features • Draft plans at 50% and 95% milestones • Final signed plan, specifications and cost estimate • Electronic files including AutoCAD design files • Advertisement for bidding • Construction services, including observation and staking • Final As-Builts Mr. Mike Albers -3- October 2, 2014 City of Brooklyn Center SCHEDULE We will complete this work within the schedule provided in the REP. A detailed schedule is attached, as requested. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information Sincerely, SRF CONSULTING GROUP, INC. Kevin J. iullie, PE (MN ND) Principal KJi/bls Attachments S:\Marketing\Proposals\2014 Letter Proposals \P1475763rdA venueBrooklynCenter 1002 14_KJJdocx City Council Agenda Item No. 6e [i1U[iJ I U I I DVk' LII Ik11 11 1 1111 t1I Uh'A I DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: 2014 Deer Management Program Report Recommendation: It is recommended that the City Council consider acceptance of the 2014 Deer Management Program Report. Background: On October 27, 2003 the City Council approved a Deer Management Plan as a result of a taskforce created to address citizen concerns about the growing presence of deer in the city. Since then, a couple of deer harvesting programs have been conducted within the City of Brooklyn Center using bow hunters. The last deer harvest was conducted in 2005. As required by the Deer Management Plan, a report is prepared and attached to document the annual program implementation progress. Staff from Public Works Department, Police Department, Building & Community Standards, and Administration reviewed information available about the deer population in the City of Brooklyn Center. Some resident complaints about deer have been received in 2014, and are being investigated. Further, staff from the City of Brooklyn Park has requested our participation in their annual deer harvest in order to improve their efforts to manage the deer population, especially in the Palmer Lake Park area. After reviewing the information and deer counts in winter 2014/2015, staff will make recommendations regarding the need for conducting or participating in a deer harvest in fall 2015. The estimated deer counts are provided in the attached report. Budget Issues: The cost of the aerial deer survey is based on an hourly rate, but is generally budgeted at $400- $600. The costs of a deer harvest would vary depending on the scope of the program. A deer harvest would likely be coordinated with the City of Brooklyn Park and other agencies. The estimated cost for a city-wide harvest is $6,000. Items to consider include staff time, communications (mailings, signs, etc.), and contract prices. Strategic Priorities: Community Image Attachment: 2014 Deer Management Program Report ]11ission: Ensuring on attractive, clean, safe, inclusive coininhiflity (11(11 enhances the quality of ljfe for all people am! preserves the public trust I Brooklyn Center Deer Management Program •201 ,411 Annual Report • October 13, 2014 Introduction On October 27, 2003 the City Council approved a Deer Management Plan as a result of a taskforce created to address citizen concerns about the growing presence of deer in the city. Since then, a couple of deer harvesting programs have been conducted within the City of Brooklyn Center using bow hunters. The last deer hunt was conducted in 2005. As required by the Deer Management Plan, this report is prepared to document the annual program implementation progress. Staff from Public Works Department, Police Department and Administration reviewed information available about the deer population in the City of Brooklyn Center. Some resident complaints about deer have been received in 2014, and are being investigated. The estimated deer counts indicated the deer population was significantly higher in their area. Further, staff from the City of Brooklyn Park has requested our participation in their annual deer harvest in order to improve their efforts to manage the deer population, especially in the Palmer Lake Park area. After reviewing the information and deer counts in winter 2014/2015, staff will make recommendations regarding the need for conducting or participating in a deer harvest in fall 2015. The estimated deer counts are provided in the attached report. Estimated Deer Counts The City pays for an aerial deer survey typically each year to monitor the population of deer. The survey is conducted from a helicopter by the Three Rivers Park District in the winter months when snow cover is adequate for deer visibility. Although the aerial survey is a snapshot of the deer population, it is a helpful tool in monitoring the estimated deer populations. The areas in Brooklyn Center that predominantly harbor deer include Metropolitan Wetland/Kylawn, Shingle Creek Parkway, and Palmer Lake Basin (which also includes areas in Brooklyn Park). The table below indicates the deer population in that geographical area as ascertained by the aerial survey. The Brookdale Park area is in Brooklyn Park but has been included since it is adjacent to a Brooklyn Center wildlife location and deer migrate between areas. Maps of the 2014 Annual Deer Survey conducted for the Cities of Brooklyn Center and Brooklyn Park are attached. Annual Estimated Deer Counts (Aerial Survey by Three Rivers Park District) MAC Single Creek Palmer Lake Brookdale Park C Mississippi WL/South Twin Pkwy Basin (BCIBP)(BP)River Island ;013 35 0 42 8 0 18 0 41 4 0 2012 14 0 44 11 2011 17 0 24 21 2010 19 0 27 N/A Page 1 of 5 2009 28 0 56 I N/A Complaints/Problems The following table indicates the number of complaints or problems associated with deer. Information includes the number of vehicle accidents involving deer, as well as complaints the city received about deer. The complaints were primarily related to dead deer, injured deer or nuisance types of issues. While this information is considered reliable, it is not guaranteed due to data processing variables. Deer Complaints, Accidents, Reports Year Deer/Vehicle Accidents Complaints (I.e. dead, injured or nuisance reports) 2013 15 4 2012 13 5 2011 29 10 2010 16 8 2009 25 8 2008 17 6 Data from Police Department and Administration Estimated Cost to Implement Deer Harvest Program The cost of police overtime, aerial mapping, and notices was approximately $1,800 in 2005 when the last deer hunt occurred. Estimated costs today could be more than $6,000 depending on the scope , of the program. This cost has been budgeted each year in the City budget. 2014/2015 Recommendations Monitoring The City should continue to monitor the aerial counts, deer accident statistics and complaints. Staff has contacted staff from the City of Brooklyn Park and discussed options and coordination if we proceed with a deer hunt. Education It is recommended that the City continue to educate residents about appropriate deer management and feeding problems. Information is provided on the City website. If needed, information could be placed in the City Watch newsletter, or a segment on the City Video series. Information could be distributed through local Sun Post Newspaper and Channel 12 news. Feeding Ban The City should continue enforcement of the feeding ban. Population controlAs indicated in the Deer Management plan, the optimum number of deer for an urban area is fifteen to twenty per square mile of habitat area. The Deer Management Plan sets a goal maximum of twenty deer per square mile of habitat area. With 751 acres of habitat in Brooklyn Center the maximum goal for Brooklyn Center is 21 deer. In 2014, more than 35 deer were estimated in Brooklyn Center. In 2013, there was an estimated 59 deer. For the past several years, the City of Brooklyn Park has conducted deer hunts, removing deer throughout the city, including the Palmer Lake Basin (BC/BP) and Brookdale Park (BP) areas. These efforts will reduce the deer population in Brooklyn Center as well. However, Page 2 of 5 there is concern that the deer herds move to adjacent areas that are not hunted reducing the overall effectiveness of the deer control efforts. Combined efforts would be more effective in managing the deer population in these areas. While there are various methods in which cities conduct their deer harvest, staff would recommend coordinating the hunt with the City of Brooklyn Park and following similar processes. They have been successful in conducting deer harvest for several years. Multi-jurisdiction Cooperation We will continue to communicate with Brooklyn Park for the deer management in the Palmer Lake Basin Area. In addition, we will communicate with the City of Crystal and the Metropolitan Airport Commission for the deer management program near the Crystal Airport property. Page 3 of 5 Attachment- 2014 Aerial Deer Survey for Cities of Brooklyn Center, Brooklyn Park, Champlin I i -- j' - IN 1 k. z= 2 _ ro AVE u --TT : '12 -:l : J7\812lll ir 'J •! : ' I ' \' -1 '7 1 11l•In IN. ul---s-; —I . ;' Ur kzx 2 7sll h 4 i 6351 Yl'• 12l/ h7,l. 212127 - r -4I-i cc: :17 IF hd n - i.— I I 12 B -BPPh12IrLa - --'a '9 I 42 moldh - 12 2-7' --tl 7-tI1 0 2 12 fill,12', 1 • -. 12 7'' 12 12 • ll"Th'i ' ,, 127712 WTI C 5 S 9 I o IIV JOT 3• Ii —$IT, 2 MWV Al it: 49TH T-W ii n -'74 q .•_\ 722 - 4, 27272 72 , -' - , Il --77t •,9._ llfr o I, - b 7$7 'k,,212: & - Aerial Deer Survey - 3/4/2014 Coon Rapids Dam Regional Park - 0 Brooklyn Park - 170 12 7 112121 Champlin - 28 fl- Cr-Id:t3',5120I4 Brooklyn Center - 35 Total Deer Counted - 233 WMI 694 94 City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2014 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM respective property owner, and if unpaid, is specially assessed to the property. Council Goals: . Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The diseased tree at the following address is hereby declared to be a public nuisance. Pronertv Address Tree No. and Type 5800 Emerson Ave N 94 Elm 5737 Emerson AveN 95 Elm 5900 Xerxes Ave N 97 Elm 6124 Kyle AveN 123 Elm 3900 Burquest La 125 Linden RESOLUTION NO. 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. October 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g IEIiIJ[SIIii LIIA (I1I PiIJhAI DATE: October 8, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Hennepin County Chiefs of Police Joint and Co-operative Agreement Recommendation: It is recommended that the City Council consider adoption of the Hennepin County Chiefs of Police Association ("HCCOP") Joint and Co-operative Agreement effective January 1, 2015. This agreement is a renewal of the existing agreement, which has been in place five years and expires on December 31, 2014. The purpose of this agreement is to continue to work cooperatively with other agencies within Hennepin County for the purpose of using law enforcement personnel and equipment developed by the Hennepin County Chiefs of Police Association, Background: The general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back - up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. This agreement has been reviewed and is supported by the League of MN Cities. Budget Issues: No budgetary impact. Strategic, Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality a./'fife for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JANUARY 1, 2015, FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT WHEREAS, Brooklyn Center has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, such agreement was approved by the Council; and WHEREAS, the participating governmental units have determined that it is advisable to renew the existing agreement which expires December 31, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment, ("Agreement") dated January 1, 2015, from the Hennepin County Chiefs of Police Association be approved; that the City of Brooklyn Center is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement; and that the City Manager and Chief of Police are authorized and directed to execute said Agreement on behalf of the City of Brooklyn Center as a participating member of the Agreement. October 13, 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 CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT Effective January 1, 2015 TABLE OF CONTENTS FOREWORD 2 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I.GENERAL PURPOSE 4 II.DEFINITION OF TERMS 4 III.PARTIES IV.PROCEDURE V.LIABILITY VI.EFFECTIVE DATE VII. WITHDRAWAL AND TERMINATION 9 Hennepin County Chiefs of Police Association Mutual Aid Pact - I - HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT FOREWORD The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ("Joint Powers Agreement") was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other. The general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back-up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each agency should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid was requested and what type of assistance is being provided. Parties should not self-deploy. Hennepin County Chiefs of Police Association Mutual Aid Pact -2- Furthermore, each officer within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. Time commitments for mutual aid requests: While there is no hard and fast time limit, the commitment of resources can be taxing on agencies. In addition, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance, especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriff's Office ("Sheriff') has again volunteered to serve as the administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. Each agency is responsible for entering and updating available agency resources. Previously the parties used the Regional Automated Property Information (RAPID) database. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this agreement are solely responsible to update their available resources in the agreed upon database. The effective date for the new Joint Powers agreement is January 1, 2015. This date was established to allow enough time for agencies to receive the appropriate authority and to provide some finality between the old pact and the new pact. The former pact will expire at midnight on December 31, 2014. Failure to execute the new agreement by December 31, 2014 will terminate a party's participation in the pact. Participation can be resumed upon execution of the new agreement. Agencies that elect not to participate in the new agreement may be bound by other existing mutual aid agreement or state statutes. Hennepin County Chiefs of Police Association Mutual Aid Pact -3- JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I.GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ('Agreement") is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when a Party deems such Law Enforcement Assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. II.DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. "Eligible Party" means a "governmental unit" as defined by Minnesota Statues, Section 471.59, subd. I or a "municipality" as defined by Minnesota Statutes, Section 466.01, subd. 1, that is authorized to exercise police powers in Hennepin County, Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and personnel, including but not limited to, licensed peace officers and non-licensed personnel. Subd. 3. "Party" means an "Eligible Party" that elects to participate in this Agreement by the authorization of its governing body. "Parties" means more than one Party to this Agreement. Subd. 4. "Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Hennepin County Chiefs of Police Association Mutual Aid Pact -4- Subd. 6. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee. III.PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by December 31, 2014. Additional Eligible Parties shall become a Party on the date this Agreement is approved by the Party's governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the Sheriff along with a resolution approving this Agreement. IV.PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official, A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance. Hennepin County Chiefs of Police Association Mutual Aid Pact -5- Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Law Enforcement Assistance, Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this Agreement, it may in turn request Law Enforcement Assistance from other Parties as "back-up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in his or her best judgment deems such recall necessary to provide for the best interests of the Sending Party's community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Law Enforcement Assistance. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Law Enforcement Assistance or the Law Enforcement Assistance is no longer needed. Subd. 7. No charges will be levied by a Sending Party to this Agreement for Law Enforcement Assistance rendered to a Requesting Party under the terms of this Agreement unless that assistance continues for a period of more than eight (8) hours. If Law Enforcement Assistance provided under this Agreement continues for more Hennepin County Chiefs of Police Association Mutual Aid Pact -6- than eight (8) hours, the Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Law Enforcement Assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Law Enforcement Assistance for that amount. Such charges are not contingent upon the availability of federal or state government funds. V. LIABILITY Liability for Injury, Death or Damage to Sending Party's Personnel or Equipment Each Party shall be responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. Worker's Compensation: Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing Law Enforcement Assistance pursuant to this Agreement. Each Party, and where applicable its insurer, waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Damage to Equipment: Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Hennepin County Chiefs of Police Association Mutual Aid Pact -7- Liability for Injury or Death to Third Parties or Property Damage of Third Parties For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees, as defined in Minnesota Statutes, Section 466.01, subd, 6, of the Requesting Party. The Requesting Party agrees to defend and indemnify against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Law Enforcement Assistance pursuant to the Agreement, using legal counsel reasonably acceptable to the Sending Party. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, Chapter 466, applicable to any one Party. The limits of liability for the Parties may not be added together to determine the maximum amount of liability for a Party pursuant to Minnesota Statutes, Section 471.59, subd. la. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. Hennepin County Chiefs of Police Association Mutual Aid Pact -8- No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Law Enforcement Assistance or for recalling Law Enforcement Assistance. VI.EFFECTIVE DATE This Agreement shall become effective and operative beginning at 12:01 A.M., local time on January 1, 2015, The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. VII.WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by action of its governing body. Withdrawal is effective after thirty (30) days' written notice is provided to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and the effective date thereof to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in Section III of this Agreement. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). The Sheriff shall notify the remaining parties that the Agreement has terminated. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. (Each Party must attach a dated and signed signature page consistent with that Party's method of executing contracts.) Hennepin County Chiefs of Police Association Mutual Aid Pact -9- HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment to be executed for the City of Brooklyn Center Police Department on the 13th day of October, 2014. By: Its Mayor And: Its City Manager And: Its Chief of Police Hennepin County Chiefs of Police Association Mutual Aid Pact City Council Agenda Item No. 7a iiSJIJ I U V V Bk'A IhA I Ok'4 (I] 1I flhIhil DATE: October 7, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2014 Landscape and Garden Spotlight Recommendation: It is recommended that the City Council consider approval of the resolution recognizing volunteers who participated in the City of Brooklyn Center's 2014 Landscape and Garden Spotlight. Background: Originally a contest initiated in 1995 as part of a community effort to promote beautification and enhancement of properties in Brooklyn Center, this program has more recently been conducted as a voluntary "spotlight" opportunity. The Landscape and Garden Spotlight opportunity was posted on the City's website for several months, advertised in the SunPost and flyers were provided at the EarthFest and the Great Shingle Creek Watershed Cleanup Day events. Residents or businesses could nominate their own front/side yard garden and/or landscaping or suggest another property that caught their eye. City staff could also nominate a property. This year, five properties were contacted by mail requesting participation. Of those five, three properties responded to participate and allowed photographs to be taken that will be published in the winter edition of the City Watch. Recognition and thanks are provided to the following participants for their efforts and hard work in beautifying not only their own yard, but also beautifying their neighborhoods: Lorraine Harris 4207 Lakeside Avenue, #330 Jacquelyn Christensen 7200 Newton Avenue North Aleta Stevenson 67265 1h Street North Budget Issues: Letters of appreciation and Malmborg's gift cards were presented to each participant. Gift cards were made possible by donations from the Brooklyn Center American Legion. Strategic Priorities: Vibrant Neighborhoods 1iissioiz: Ensuring an alliaclire, ekaji, saft', inclusive community that enhances the quality of life fir all people un (1 preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2014 LANDSCAPE AND GARDEN SPOTLIGHT WHEREAS, the City Council desires to acknowledge and support the efforts of citizens and area businesses to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following residents are to be recognized and honored for their achievements and participation in the City of Brooklyn Center's 2014 Landscape and Garden Spotlight: Lorraine Harris 4207 Lakeside Avenue, #330 Jacqiielyn Christensen 7200 Newton Avenue North Aleta Stevenson 67265 1h Street North October 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Second Reading and Public Hearing of an Ordinance Regulating Signs That Are Works of Public Art [Amending Brooklyn Center City Code, Section 34-140] Recommendation: It is recommended the City Council, following consideration of this item under Second Reading and after Public Hearing, adopt the attached Ordinance Amendment to Chapter 34 of the City Code of Ordinances regulating signs that are works of public art. Background: At the August 25, 2014, the City Council Study Session, staff presented information regarding the new Mentoring Peace Through Art mural sign recently completed on MnDOT's noise wall adjacent to Earle Brown Elementary School and Grand View Park. Staff discovered the mural exceeded the recommended boundaries allowed under a permit issued by MnDOT, and portions of the new mural did not meet the 150-foot setback required from residential uses. Instead of removing or painting over the newly painted areas, MnDOT suggested Brooklyn Center Schools (ISD #286) modify their permit to reflect the expanded mural boundaries; with the condition this modified permit meets city standards regarding mural signs under Chapter 34. In order to meet this condition, the city needs to revise (amend) this 150-ft. setback standard. Staff presented aerial maps which illustrate the mural is approximately 125-feet (at its closest point) from an adjacent residential use. Upon full review of his matter, the City Council directed staff to prepare an ordinance amendment, which would reflect a reduced setback standard from residential uses of 150-feet to 125 feet. The proposed ordinance was presented at the September 8th City Council for initial consideration and first reading. The ordinance is now being presented for 2nd reading, along with a formal public hearing. Notice of this public hearing and context of this ordinance amendment language were duly published in the local newspaper. Budget Issues: There are no budget issues to consider. Strategic Priorities: . Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of October, 2014, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 34 - Sign Ordinance relating to Signs That Are Works of Public Art. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. 2014- AN ORDINANCE REGULATING SIGNS THAT ARE WORKS OF PUBLIC ART; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34-140 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 34-140 PERMITTED SIGNS, paragraph 2p. is amended as follows: P. Signs that are works of public art as follows: The sign must be approved, established and maintained by the state or federal government or their agencies, the City of Brooklyn Center, a public school district, Hennepin County or Three Rivers Park District. 2.The sign must be located entirely on the property of the state or federal government or their agencies, the City of Brooklyn Center, a public school district, Hennepin County or Three Rivers Park District. 3.The sign must not be visible from a property with 4401 feet of the sign that is zoned for residential use. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ___ day of ,2014. Mayor ORDINANCE NO. 2014- ATTEST: City Clerk Date of Publication: Effective Date: (strikeout text indicates matter to be deleted, while underlined text indicates new matter) City Council Agenda Item No. lOa COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AVA "-^%( SUBJECT: Type IV 6-Month Provisional Rental License for 4407 66th 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 4407 66th 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 Rental License based on 17 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-05-2014 The Owner, Sarah Bateman, applied for renewal of the rental dwelling license for 4407 66 th Ave N, a single family dwelling. 03-14-2014 An initial rental inspection was conducted. 17 property code violations were cited, see attached rental criteria. 05-06-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-05-2014 The $100 reinspection fee was paid. 06-30-2014 The previous rental license expired. 07-14-2014 A third inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 08-18-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andp;eserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units I 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 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 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 umts 0-0 25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 030 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: a 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 M711 6301 Shingle Creek Parkway AUG18 Q4 Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrookIyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fihlable form on City website. Section A— Property Information Property Address:4407 - 66th Avenue North, Brooklyn Center, MN Owner Name:Sarah Bateman Local Agent: Owner Address: 6203 France Avenue South, Edina, MN 55410 Agent Address: Owner Phone: 9052-486-3700 Agent Phone: Owner Email: sa rah .batemanvantage-inc.com Agent Email: Rental License: New I1 Renewal: Current License Expiration Date: June 30, 2014 *Pending Type IV License Exp. Date: December 31 2014 (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 filly completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B— Required Documents Submit the following documents with the Mitigation Plan for approval: =(1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include jfç' scheduled date in Section C.I Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3ubmit written report by of each month (after license approval). Section C— Crime Free Housing Program Requirements PhLr Use written lease including Crime Free Housing Lease Addendum. f'2/tàonduct criminal background check for all prospective tenants. Provide documentation to City ifIf - requested,I •1 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: September 18, 2014 Phas I omplete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: August 26, 2014 1:30 Improvements to be completed by: Phase JUl c—.--Mill attend a minimum of 50% of the ARM meetings (two).______ I will attend the ARM meetings scheduled for: 11-13-2014 & 9-11-2014 Do these two meeting dates occur before the *Pending Type IV License expiration date? E.i Yes No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. -j -EEJI will have no repeat code violations previously documented within the past year. For properties with four or more units: LIIIIil I will conduct resident training annually that includes crime prevention techniques.I 11 will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-don't know when needed Water Heater-don't know when needed Kitchen Appliances-don't know when needed Laundry Appliances-none none Exterior when needed -Paint/Siding, fascia, trim when needed -Windows know when needed -Roof know when needed -Fence know when needed -Shed none -Garage know when needed -Driveway don't know when needed -Sidewalks know when needed Smoke Alarms & Carbon Monoxide Alarms July 2014 2018 Other(s) Seclion-E-- Stps toimproye Management tn )onditions of pPty. - - Implementing the following best practices may assist in the management of your property. By chec •ng the boxes below, you agree to: heck in with tenants every 30 days. ______ 2c 'Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 II I 3, Evict tenants in violation of the lease and all addendums.F-1 4. Provide lawn/snow service. I II 5. Provide garbage service. Install security system. CenterPoint EnergyIProvide maintenance service olan for anoliances. Name of service co.: - I LJ1 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 Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 101h of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I 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. - Sarah Bateman Owner or Agent Name and Title (Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title ('jfapplicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use—Mitigation Plan Approved By: Police Department I Title JV S;*Va4z- BityS!dsD - Department / Title Z^/—P - Daet 9 /1^1(1Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4XP&&jAk' SUBJECT: Type IV 6-Month Provisional Rental License for 6200 Brooklyn Blvd 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 6200 Brooklyn Blvd. 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 26 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-03-2014 The Owner, Tuan Pham, applied for renewal of the rental dwelling license for 6200 Brooklyn Blvd, a single family dwelling. 07-18-2014 An initial rental inspection was conducted. 26 property code violations were cited, see attached rental criteria. 08-22-2014 A second rental inspection was conducted and passed. 08-31-2014 The previous rental license expired. 09-03-2014 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-16-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves (lie public trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 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 10-1 Type 11 — 2 Year Greater than 1 but not more than 4 Type III — I Year 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months I 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 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 0-0.3 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 34 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I 0tv oUBwoktynCerner )J 3693O 17r11 Yj) IL ? 63j1) iC5S4. Mitigation P in.Tyjx 1V Rnial Licen ic JI.nth.'Iit'n plaiu ui/I swi t &'pttL Pleasetype (.s JXIl14Jirm )i Ciir Iie. 1,tI p4iv in incdcu, 111C ubv quilfl r i T^pc IV 1ii yow li mmapp l i ca lion tin h: by th Cy Cil. t W und n':td by (1t itT, A fu1 cpd Put n Ftn must b umtt'd 1rnrnJuidj t çkui otth pil tui pc.s T. Hit 2tln ftin sh.uId Ind ic ate th ciçt 3otifk$ vicul tions trd tt,.: nircs thai wH b in to n1n ot1 ii1' C 11 .mJ rr1' & u3 1h MtibG1 ftn xo ,J (ç1tliIytl) uicwpcpy i1tT iiid ikrtity pibIc impri th cker1H (dd.I.:(' flL tflk NOTICE 'FT-v i 1AKt ACTION NOW la iutt rnI iII ih cliv u nd Miii,tkm F'in rJ rcnt within thk *çtr kd w1j avalA aCtiOft. SUImU Me fc-Hol liAt d the rliu for &prh EIII2J t I'rrr I r nir Cttifl.k (f ,in1td ii In t i i td p hic n tiC 2. ('c p), of i flc I ad inE. ),4rc C /1 . *iI tin jin by IIY' fo:h iuiith (ar Iktt iprI). 1 J I. Lk' I1I14Ulj (ti I e4r1:Low Ath5u,r. 2. c Il tvrirnin:1 t tclt imnn PuiI nticin o CiIy (571 • nqitd. ). Lir. th vk1)n of iini l;o '. aw Iiu Ith. Ic ctr Lny ,idumi-. Pt Ptitvbri Fl Fe 11111 I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 9110114 or Date Course Scheduled: Phase III / J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9/19/14 Improvements to be completed by: 30 days Phase IIII I IJ will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 9/11/14 & 11113/14 Do these two meeting dates occur before the *Pending Type JVLicense expiration date? II YesF1 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License UOfl renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: LIII I will conduct resident training annually that includes crime prevention techniques. I1 Twill hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC- within 10 years Water Heater- within 5 years Kitchen Appliances-2011 within 15 years Laundry Appliances-2011 within 15 years Exterior Annually-Paint/Siding, fascia, trim -Windows within 10 years 15 years-Roof -Fence -Shed 10 years -Garage within 15 years -Driveway within 2 years -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 2 years old within 8 years Other(s) pp )Ipove Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:I1II1 i. Check in with tenants every 30 days. I I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 I 1 I . Evict tenants in violation of the lease and all addendurns. 7-714. Provide lawn/snow service. Tr7f cpeoi; &i41.1771 5. Provide garbage service, Ic) I 6. Install security system. jui 'u" D*co- yt LvJ 7. Provide maintenance service plan for appliances. Name of service co.: Centerpoint Energy I / I 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 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 lO 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. TUAN PHAM Owner or Agent Name and Title (Please Print) Ownr or Agent Signat*e Date HEIDI PHAM Additional Owner or Agent Name and Title (if applicable) (Please Print) _____________________ 1 I5j Additional Owner orgent Signature (ti applicable,) Date For City Use--Mitigation Plan Approved By:KA-A e— c-rd Police Department / Title Date $ Standards Department Da e Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4444 yv^ SUBJECT: Type IV 6-Month Provisional Rental License for 5245 -47 Drew Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5245-47 Drew Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a duplex property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on 40 (20/unit) property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-13-2014 The Owner, Mai Xiong, applied for renewal of the rental dwelling license for 5245-47 Drew Ave N, a duplex dwelling. 04-08-2014 An initial rental inspection was conducted. 40 (20/unit) property code violations were cited, see attached rental criteria. 05-12-2014 A second rental inspection was conducted and passed with weather deferral. 05-21-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enh ances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 05-31-2014 The previous rental license expired. 06-05-2014 The weather deferral inspection was conducted and passed. 06-27-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-08-2014 A Mitigation Plan was submitted. 09-22-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy -Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 34 units 0-0.25 Sor 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Section A— Property Information Property Address: 5245-47 Drew Ave. Owner Name: Mai Xiong Local Agent: Owner Address: 9163 Parkside Drive, Woodbury, MN 55125 Agent Address: Owner Phone: 6518084718 Agent Phone: Owner Email: maLxiong©yahoo.com Agent Email: Rental License: [ii] New Renewal:Current License Expiration Daie :M 43" 11 '-t' 4 *Pending Type N License Exp. Date: 11130/14 (Six months from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type N 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 onnoinu 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: I I I I.Crime Free Housing Program Training Certificate (if completed, if not completed, please include I I II scheduled date in Section C. of Lease2.Copy including Minnesota Crime Free Housing Lease Addendum III I 3.Submit written report by 10th of each month (after license approval). Section C— Crime Free Housing Program Requirements PheI 1.Use written lease including Crime Free Housing Lease Addendum. 1 Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I I I 3.Pursue the eviction of tenants who violate the terms of the lease or any addendç Page 1 Type IV Mitigation Plan / 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled: 0 140 y_____ Phase IILU Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Improvements to be completed by: Phase HI/ I I will attend a minimum of 50% of the ARM meetings (two). ( (I will attend the ARM meetings scheduled for: .' (1 C 7 & I Do these two meeting dates occur before the *pending Type IV License expiration date? Yes No(*See Section A) If no you will only be able to qualify for a Type LV Rental License upon renewal. 'i" 11 will have no repeat code violations previously documented within the past year. For properties with four or nwre units: I I will conduct resident training annually that includes crime prevention techniques.I Ii will hold regular resident meetings. Section D Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-June 2012 Water Heater-June 2012 Kitchen Appliances- June 2018 Laundry Appliances-None None Exterior -Paint/Siding, fascia, trim -Windows -Roof Current June 2011 June 2021 Current 2020 -Fence Current 2024 Shed None None -Garage -Driveway -Sidewalks Cthrent 2020 June 2013 2024 Current Current Smoke Alarms & Carbon Monoxide Alarms May 2014 November2014 Other(s) Section E - SteDs to Imn rove Man aiement and Conditions of Pronertv Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:II I I i. Check in with tenants every 30 days.I 2. Drive by property to check for violations twice a month.II I Page 2 Type IV Mitigation Plan Rev 11-16-11 Date Course Completed: or FT 13. Evict tenants in violation of the lease and all addendums.MV/ 4. Provide lawn/snow service / 5. Provide garbage service.ci: 6. Install security system. N oneione7. Provide maintenance service plan for appliances. Name of service co.:_________ I EIZJI 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. . Other(s): 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 1 O r" of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all stepstaken 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. 0 'U Owner or Agent Name nd Title (Please Print) Z Z- ^Jbh Owner or Age ) Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (ifapplicable) Date Police Department/ Title Date ". c(---f S I lixStandards Department / Title ate Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cl erk4k SUBJECT: Type IV 6-Month Provisional Rental License for 5001 Ewing 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 5001 Ewing 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 multi-family property with 1 building/4 units. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 32 (8/unit) property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04-25-2014 The Owner, Bartholomew Dabrowski, applied for renewal of the rental dwelling license for 5001 Ewing Ave N, a multi-family dwelling. 05-28-2014 An initial rental inspection was conducted. 32 (8/unit) property code violations were cited, see attached rental criteria. 06-30-2014 The previous rental license expired. 07-01-2014 A second rental inspection was conducted and failed. Could not gain access to units to conduct the follow up inspection. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 07-17-2014 A third inspection was conducted and failed. A $350 reinspection fee was charged to the property. 07-31-2014 A fourth rental inspection was conducted and failed. Additional violations were found that were not present during the first initial inspection. 08-14-2014 A fifth rental inspection was conducted and failed. A $100 reinspection fee was charged to the property for two units ($5 0/units). 08-19-2014 A sixth rental inspection was conducted and passed. The $450 reinspection fee was paid. 09-03-2014 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. 09-11-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 pian or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories Mission: Ensuring an afiracilve, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than .3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM No Category 1-2 0-1 Impact 3-4 units 0-0.255 o 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 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 Brookly6 Centr Phone: 763-569-3308 TTY 711 6301 shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenter.orci Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fihlable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion ofthe 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 ongoinc 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—ReqiredDocuments - Submit the following documents with the Mitigation Plan for approval: =-7 i.Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.LLJI 2.Copy of Lease including Minnesota Crime Free Housing Lease AddendumF-71 .Submit written report by 10thi of each month (after license approval). çtion C— Crrnie Free Housrng Program Requirements PhaeI/ I.Use written lease including Crime Free Housing Lease Addendum. 17 2.Conduct criminal background check for all prospective tenants. Provide do aJ 3.Pursue the eviction of tenants who violate the terms of the lease or any adde Page 1 Type IV Mitigation I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 9118!2014- new hope Phase ILI / I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9/19/14 at 10:30am Improvements to be completed by: 60 days Phase illI / I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: September 11 & November 13 Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes LI No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I " I I will have no repeat code violations previously documented within the past year. For properties with four or more units: I ii I will conduct resident training annually that includes crime prevention techniques. I I will hold regular resident meetings. Section D—Long Term Capital Impiovemeuts Elan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-20 years ago 20 years Water Heater-6 years ago 8 years Kitchen Appliances-6 years ago 10 years Laundry Appliances-8 years ago 5 years Exterior 5 years ago 2015-Paint/Siding, fascia; trim 2014 2yoara-Windows -Roof io years ago 30 years -Fence NA -Shed 201412004 3 years-Garage -Driveway -Sidewalks 10 years ago 30 years 2015 2020 Smoke Alarms & Carbon Monoxide Alarms 4 years Other(s) Section E - Steps to Improve Management imd Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:F-17 1 I. Check in with tenants every 30 days. [F7 I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 I"--I). Evict tenants in violation of the lease and all addendums.I -'f 4 Provide lawn/snow service. 5. Provide garbage service.I I 6. Install security system.I 7. Provide maintenance service plan for appliances. Name of service Co.: I an-i and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other______ financial claims due to the City.I I 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. JO t'5 1' Owner or Agent Name and Title (Please -9- 22/ q Owner or Age,ft Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) For City Use— itigation Plan Approved By: Police Department / Title 4Building i nty Standards-Department/Title Date Dafe //0J '(4i Date WE Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOe COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk' 14tM gM^A SUBJECT: Type IV 6-Month Provisional Rental License for 5618 Hillsview Rd 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 5618 Hillsview Rd. 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 11 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-04-2014 The Owner, Nita Morlock, applied for renewal of the rental dwelling license for 5618 Hillsview Rd, a single family dwelling. 07-01-2014 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 08-04-2014 A second rental inspection was conducted and passed. 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-11-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 09-30-2014 The previous rental license expired. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM e 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 11-2 Year 1-2 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 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). 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 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 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. 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 P. I P.1 AthhIfl r1FC3AE6E Phone: 763-569-33OO TTY 711 City of Brooklyn Center Fa)r763-50-3360 6301 Shingle Creek Parkway -Brooklyn Center MN 55430-2199 www.rJtya brOoklY° Rental License Mi1iaton Plan--Type IV Rental License Handwriilen plans will not be accepted. Please type or use filfrililefOTfis on City websh'e Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type N Rental License. Before your linense application can be considered by the City Council , a Mitigation Plan must be completed and reviewed by City staE A fully completed Mitigation Plan must be submitted immediately to en timely completion of the license application process. The Mitigation Plansure should indicate the steps being taken to correct identified violations and the measures that will be taken to 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 intist 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 tlia following documents with th e Mitigation Plan tbr approi'ak 1.C emle Free gprogram TiairnngCeM0 (if completed, ifnot completed, please include scheduled date in Section C.[KIll 2. Copy of Lease including MInnesota Clime Free H Ws jnR Lease Addendum [lI_i 3. Submit written report by 10 of each month (after license approval) written lease including Crime Free Housing Lease Addendum.In 1. Use 7112014 2.. Conduct criminal background check for all prospectLVe tenants. Provid requested.[IKI] . Pursue the eviction of tenants who violate the tenor of the lease or any uulYP Type IV Mitlgatk Plan Rev 11-16-11 Page 1 p.2 Aethel IS F2IFcA9-14B j i. Attend City approved eight hour Crime Free Housing course. Date Course Completed'_12114/09 or Date Course Sehediiled Phase ifLJComplete Securiy Assessment and implement all security improv izds recommended by the doesBrooklyn Center Police Department Per necky was done 4/20111, finalized 8/18/11 not need to be done again /22j / by:21LjLLL_Lc= -Dale Scheduled I - Improvements to be completed Phase III X ji will attend ammimum of 50% of the ARM meetings °-1 be tol for I will attend the ARM meetings scheduled for: Oct Nov I out of Do these two meeting dates occur before the Tending Type WLicen3e expiration date? {I] Yes D No he to for a Typo IS! Rental License upon renewal.(*See Section A) If no, yon will only able qualify XIi will have no repeat code violations previously documented within the past year. For prilperi'ier iiiithfovr or more rrni'tr: L11] I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. namid on eondicn and age, egfimafed mpacemeflt dates ate pmddf ammo P' should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections.Estimated Date Last ReplacedReplacement Dale Furnace/AC-prior to purchase 2022 \VaterHeater-__Prior to purchase Kitchen Appliances- ____0.2 Laundry Appliances- Exterior -Paint/Siding, fascia, trim ___________________ ______________ 2008 2018 Prior to 2030-Windows -Roof 2008 Prior to purchase-Fence, -Shed -Garage Roof 2040 2002 2022-Driveway I Prior to purchase 2030-Sidewalks Smoke Alarms & Carbon MOnQXdeArn1S 2002 2022 Lmplenienting the following best practices may assistm the management of your property. By checking the boxes be!o,c..yarI agree W: [1 1. Check in with tenants every 30 days. I 2. Drive by property to theak for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 P. P,3* 10 I 1 3. Evict tenants in violation oi'the lease and all addendums. Provide lawn/snow service.II 5. Provide garbage service. [II] 6. Install security system. 7. Provide maintenance sers'ioe plan for appliances. Name of service co. [ X g lam and will remain current on payment of utility fees, taxes, rentr, fines, penalties and other financial claims due to the City. [__I . Other(s): Please read thoroughly - Lf the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendarmontb, 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 inirmation 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 t4ita D. Mortock Oier or Agent Name and Title . - - - - . . - O)flt,e4— 0812512314 Owner or Agent Signature Dale Additional Owner or Agent Name and Title (fappIicaMe) (Please Frhst) Additional Owner or Agent Signature Ofapp 1kabk) Date For City Use—Mitigation Plan Approved By: Police Department I Title Date 1 Stanrds Dad Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOf COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City C1erk\ SUBJECT: Type IV 6-Month Provisional Rental License for 5307 Howe La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Rental License for 5307 Howe La. 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 Rental License based on 18 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: 06-03-2014 The Owner, Jose Antonio Villagrana, applied for renewal of the rental dwelling license for 5307 Howe La, a single family dwelling. 08-14-2014 An initial rental inspection was conducted. 18 property code violations were cited, see attached rental criteria. 07-31-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-11-2014 The $100 reinspection fee was paid. 08-14-2014 A third inspection was conducted and passed. 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-31-2014 The previous rental license expired. 09-05-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year 1 1-2 units 0-1 Type 11-2 Year 11-2 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I 0- City of Brooklyn Center isit 1 Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrookIyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fihlabie form on cit y website. Section A-Piopéity .InfOinati6n Property Address: 5-3 0 7 7/7L,2.-a Owner Name:Jose A. VIflagrana Local Agent: Owner Address: 5332 80th Av. N. Bra Agent Address: Owner Phone: 763_205_1 179 Agent Phone: Owner Agent Email: Rental License: FI New JW Renewal:Current License Expiration Date: 8-31-2014 *pending Type IV License Exp. Date Z/Z.Tg / (Six months from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type N 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. 'SécfloñBRëquhedDôcuxñeüts : ...'. ... Submit the following documents with the Mitigation Plan for approval: "ii.Crime Free HousingProgram Training Certificate (if completed, if not completed, please include I " II scheduled date in Section C. 2.Minnesota Crime Free Housing Lease AddendumCopy of Lease includingM3,I 3.Submit written report by 10th of each month (after license approval). Se* cfiou C—Ciim i Free Housiñ 'Pro Reüiremphase f I.Use written lease including Crime Free Housing Lease Addendum. I 1' 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3.Pursue the eviction oftenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 M 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date course Scheduled: 9-16-2014 Phase I ' I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9-15-2014 Improvements to be completed by: Owner / Phase D1 IF-7-1 i will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: November 13,2014 & January 8, 2015 Do these two meeting dates occur before the *Pending Type IVLicense expiration date? Vyes lo (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. twill have no repeat code violations previously documented within the past year. For properties with four or more units: 111_I I will conduct resident training annually that includes crime prevention techniques. M I will hold regular resident meetings. SedioñD Lôi P1ai1 Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-4-25-11 4-25-2021 Water Heater-10-31-06 10-31-2016 Kitchen Appliances-7-31-14 7-31-2024 Laundry Appliances-6-30-14 8-30-2024 Exterior Unsure 9-1-2024 --Paint/Siding, fascia, trim -Windows Unsure 9-1-2024 -Roof Unsure 7-1-2020 -Fence N/A -Shed N/A -Garage Unsure 7-1-2020 -Driveway Unsure 7-1-2024 -Sidewalks N/A Smoke Alarms & Carbon Monoxide Alarms Unsure 1-1-2016 Other(s) Section 'E - Steps to ImprOve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: ILL] 1. Check in with tenants every 30 days. F7 1 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 kAr 1tI 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service.F71 5 . Provide garbage service.II 6. Install security system. Centerpoint En 7. Provide maintenance service plan for appliances. Name of service co.:_______________________ I L{]I 8. 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.JEIII 9. Other(s): Tenants promise to behave and do better. Please read thoroughly: If the Type 1V 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. F\. OLJI\J2.. Owner or Agent Name and Title (Please Print) o Owner or Agent natuie 11J Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (f applicable) Date For City Use-- itigation Plan Approved By: Police Department I Title Date Buil o ity Standards Department/ Title D te Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk IWA 1Ai&., SUBJECT: Type IV 6-Month Provisional Rental License for 5442 James 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 5442 James 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 12 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-07-2014 The Owner, Gerald Stigsell, applied for renewal of the rental dwelling license for 5442 James Ave N, a single family dwelling. 07-24-2014 An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. 08-29-2014 A second rental inspection was conducted and passed. 09-03-2014 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 life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-11-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. 10-31-2014 The current rental license will expire. 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 COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, Safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 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 Type 11 — 2 Year 1-2 units Greater than 1 - but not more than 4 - 11-2 units Greater than 4 but not more than 8 Type IV - 6 Months 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 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). 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 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 It 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. 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 phor'e; 763-569-3300 Ty 711 6301 Shingle Creek Parkway Far. 703.569-3360 Brooklyn Center, MN 55430-2199 vjvjv,.cityofbWol'iY'r00 Rental License Mitigation Plan--Type W Rental License Handwritten plans will not he accepted. Please type or :isefillable form on City website. Sectt.n A—:1ropeEty Property Address: 5442 James Ave N . . Owner Naue: Gerald R stigsell Local Agent: Owner Address: -. - 4557 University Ave N, CSlLullhia Heights, MN 55421 Agent Address: Owner Phone: 763-572-1137 •-Agent Phone: Owner Email:Agent Email: ental N - . . C url ti Date: Lic *Pending Type lv License Exp. Date:. (Si x months/rain current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for aTypelV Rental License. Before your license application can he considered by the City Council. a Mitigation Plan must be completed and reviewed by City stafl A fully completed Mitigation Plan must he 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 most TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *p e nding license period and avoid legal actions. . .. Submit 1.Crime Free Housing Program Training Certificate (if completed, if not completed, please include fII1 2 . scheduled date in Section C.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10' of each month (after license approval). '.1. ;. "ii LZJ I.Use written lease including Crime Free Housing Lease Addendum. 71 2.Conduct criminal background check for all prospective tenants. Provided I LEE j3.Pursue the eviction of tenants who violate the terms of the lease : any adrj Page 1 Type jV Mitigation 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. I I 7, Provide maintenance service plan for appliances. Name of service Co.: 1 1'8 . I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. I 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. 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. Additional Owner or Agent Name and Title (f applicable) (Please Print) Additional Owner or Agent Signature (f applicable) Date For City Use--Mitigation Plan Approved By: Mice Department / Title Da e Z ^,B ildi qd 1k sd $ ii Department / Title I Dat Page 3 Type IV Mitigation Plan Rev 11 -16 -11 City Council Agenda Item No. lOh COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4ftM SUBJECT: Type IV 6-Month Provisional Rental License for 4207 Lakeside Ave #337 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 4207 Lakeside Ave 4337. 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 Rental License based on 9 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-20-2014 The Owner, Adrian Jimenez, applied for renewal of the rental dwelling license for 4207 Lakeside Ave #337, a single family dwelling. 03-17-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 05-07-2014 A second rental inspection was conducted and passed. 05-31-2014 The previous rental license expired. 06-23-2014 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 Mission: Ensuring an attractive, clean, safe, inclusive community 11: at enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-21-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive comnzuni(y that enhances the quality of life for all people and preserves the publlc trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 - 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive coinnuith'y that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property I Inspected Unit Code Only) Type 1-3 Year [12 units 1 1 -7777 7 77777 - Type 11 — 2 Year 1-2 units Greater than 1 - but not more than 4 Type III — 1 Year --Fl-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 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 Greater than 0.25 but not more than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. 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 711 6301 Shingle Creek Parkway Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 www,cityofbrooklyncenter. org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fihlable form on City website. Property Address: Owner Name: 07 lakeside Ave N Brook!y uefina Sanvicente Owner Address: 11700 SW Terra linda ST. Beaverton OR 97005 Owner Phone: 503-601-9102 Owner Email:Sanvicentejosefina@yahoo.com Rental License: New Renewal: Curreni *P cn di n (Six mm 9nter MN 55430 . .2O33'7— Local Agent:Veronica jimenez Agent Address: 4208 Aquila Ave. N New Hope MN 55428 Agent Phone: 612-221-6297 Agent Eniailveronicajrmenez47@gmail.com License Expiration Date: 1j g Type W License Exp. Date:11/31/14 ilhs from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, A Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *p en ding license period and avoid legal actions. Section B-RequiredDoçuments - - Submit the following documents with the Mitigation Plan for approval: I 1, Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. I jI ',-Copy of Lease including Minnesota Crime Free Housing Lease AddendumI I 3. Submit written report by 10th of each month (after license approval). Sectioiic— Crime Free Housing ProgramRegufrements - - Pb.qseT 1. Use written lease including Crime Free Housing Lease Addendum. kf 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I . Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: /11/14 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Improvements to be completed by: Ple IIIJV7I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 9111114 & —1QPII1 4 Do these two meeting dates occur before the *Pending Type JVLicense expiration date?OV YcsF1 No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. Fv I i will have no repeat code violations previously documented within the past year. For properties with four or more units: I I i will conduct resident training annually that includes crime prevention techniques. I I Twill hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will reciuire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-Unsure Water Heater-Unsure ot g Kitchen Appliances-2012 lo 12 Laundry Appliances- Exterior -Paint/Siding, fascia, trim -Windows -Roof 20122012 Instiro Z-O 2Af 710 z_t. -Pence tJnsire ________________ -Shed Z., Garage -Driveway Sidewalks_______________________________ Unsure ____________ Inst __________________ Smoke Alarms & Carbon Monoxide Alarms May/201 4 Other(s)Thisbaseon Dropertyman Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 1146-11 nt 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.: WE 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.IIi 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 101I 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. Veronica Jimenez Owner or nt Name and Title (Please Print) Aug lot 7, 2014 Owner-orAent Sigiir Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use--Mtigation Pian Approved By: I Police Department / Title De urn unity- 't Jf(i/17 andards Department! Title Da Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOi COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5400-02 Russell 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 5400-02 Russell 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 duplex property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 30 (1 5/unit) property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-28-2014 The Owner, Tai Pham, applied for renewal of the rental dwelling license for 5400-02 Russell Ave N, a duplex dwelling. 06-19-2014 An initial rental inspection was conducted. 30 (15/unit) property code violations were cited, see attached rental criteria. 07-22-2014 A second rental inspection was conducted and failed. A $200 reinspection fee was charged to the property; $50/unit & $100 common area. 07-31-2014 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-05-2014 The property was posted as unlicensed. 08-08-2014 The $200 reinspection fee was paid. 08-18-2014 A third inspection was conducted and passed. 09-03-2014 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. 09-15-2014 A Mitigation Plan was submitted. 09-22-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: . At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v) Type 1-3 Year [j units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 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 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 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 Mission: Ensuring an attractive, clean, safe, inclusive coininhiflity that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Phone: 7693W0 TTY ?fl 631 Shingle Creek Parkway Fox: ;63-569•3960 •,, Brooklyn Center, MN 55430-2199 www.c(rookyoctn ter, 0Tg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepteL Please type or usefillableform on cia' website. Based oil 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: / 11. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.[71 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumFIT 3. Submit written report by 10 1 i of each month (after license approval). Phase 1 1. Use written lease including Crime Free Housing Lease Addendum. requested. II V 2 Conduct criminal background check for all prospective tenants Provide ______ fi V I 3. Pursue the eviction of tenants who violate the terms of the lease or any add 201 Page 1 Type IV Mitigation / I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: September, 2010 or Date Course Scheduled: Phase IIL__/j Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. September, 2010 Improvements to be by:Date Scheduled: completed Phase H1 ]I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: September 11, 2014 & November 13,201 gylellsDo these two meeting dates occur before the *pen di ng Type IV License expiration date? No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. / I i will have no repeat code violations previously documented within the past year. For prop cities with four or niore units: H Twill conduct resident training annually that includes crime prevention techniques. I I i will hold regular resident meetings. Secthrn J) - Ltnig Terni 4apith imprQvemeflts Thrn Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC - Water Heater- Kitchen Appliances-2.0/0 .,A) 17 Laundry Appliances-e21 0 x / 1 Exterior ._',p / 0-Paint/Siding, fascia, trim 431 yg _________________-Windows -Roof_________________________ -Fence .0 0 A 1c -Shed ________________________________ -Garage _________ -Driveway 7 -Sidewalks -, - SmokeAlarms&CarbonMonoxideAlarms _o wi Other(s) SethG _J-Steps tü 1mptOVt M_agtntnt am Cornhtii tflrop rty Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to:11_/ 11. Check in with tenants every 30 days. II_/I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 X1 I . Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. I II 5. Provide garbage service.I I 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: I LLJI 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. F--1 9.9. 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. I understand that if I do not comply with an approved Ivlitigation 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. TAI PHAM Owner or AiiINmc and Title (Please Print) 09-08-2014 Owner or A4eilI Signature Date Additional Owner or Agent Name and Title (ij'applicable) (Please Prin) Additional Owner or Agent Signature (ifapplicable) Date For City Use--Mitigation Plan Approved By: Police Department / Title Da'te 2 ^ ^'-wj 'Ifigh 'Y Buil fflo,uni y Standards Department /Title Dat Page 3 Type IV Mitigation Plan Rev 11 -16 -11 City Council Agenda Item No. lOj COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JhTlAV( 4iui'& SUBJECT: Type IV 6-Month Provisional Rental License for 1510 69th 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 1510 69th 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 multi-family property with 1 building/4 units. The property would qualify for a Type II Rental License based on the number of property code violations 4 (1.0/unit) and validated police nuisance/incidents 1 (0.25/unit). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to complete Phase 1 of the Crime Free Housing Program. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on October 14, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 01-24-2014 The owner, R & D Investment Group, LLC, applied for renewal of the rental dwelling license for 1510 69t11 Ave N, a multi-family dwelling. 02-14-2014 An initial rental inspection was conducted. 4 (1.0/unit) property code violations were cited, see attached rental criteria. 03-17-2014 A second inspection was conducted and passed with weather deferral. 04-30-2014 The previous Type IV license expired. 05-01-2014 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. 05-01-2014 City records indicate 1 (0.25/unit) validated police incident/nuisance calls occurred in the past twelve months. Incident was 04/05/13 theft. 05-20-2014 A third inspection was conducted and failed because weather deferral items were not completed. A $100 reinspection fee was charged to the property. 06-04-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-09-2014 A $125 Administration Fine was issued for not meeting plan requirements. 07-01-2014 A fourth inspection was conducted on the weather deferred correction and passed. A $100 reinspection fee was charged to the property. 09-02-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. 10-06-2014 The $200 reinspection fee was paid. Prior Type IV Rental License approval activities: 03-05-2013 The Owner, Ryan Whisenant, applied for an initial rental dwelling license for 151069 1h Avenue N, a multi-family, 1 building, 4 unit, residential property. 04-03-2013 An initial rental inspection was scheduled. No one was on site. 04-04-2013 An initial rental license inspection was conducted. 27 property code violations were cited (6.75/unit). (See attached rental criteria) 05-06-2013 A follow- up inspection was completed. The property owner was not on site to meet the inspector. However, the tenants allowed access and an inspection was completed and additional violations noted. 05-21-2013 A follow-up inspection was scheduled. No one was on site to meet the inspector. 06-28-2013 A follow-up inspection was conducted and failed. 06-28-2013 A $100 reinspection fee was charged to the property. 07-15-2013 A rental license inspection was conducted and passed. Reinspection fees were outstanding. 08-29-2013 The $100 reinspection fees were paid. 09-03-2013 The rental license inspection passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-04-2013 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. 09-17-2013 A Mitigation Plan was submitted. 09-18-2013 The Mitigation Plan was finalized. 10-04-2013 A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2013. 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, i,,clusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit 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 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 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: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1510 69th Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/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 1510 69TH AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1510 69th Avenue N, was issued a Type IV Rental License on October 14, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 1510 69th Avenue N, Brooklyn Center failed to complete Phase 1 of the Crime Free Housing Program. 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 1510 69th Avenue N, Brooklyn Center, MN. October 13, 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. r City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Pione: 763 569-3300 TTY 711 Fax: 763-569-3360 www.cityofbraoklyncenter.Org Rental License Mitigation Plan—Type IV Rental License Handtvritten plans will not be accepted. Please type or use fillable form on city website. Section A— Property Information Property Address: 1510 69th Ave Owner Name: R & D Investment Group, LLC Local Agent: Owner Address: 4953 Columbus Ave Minneapolis, MN 55417 Agent Address: Owner Phone: 770-331-8307 Agent Phone: Owner Email: rwhis@hotmaiLcom Agent Email: Rental License: New 101 Renewal:Current License Expiration Date: ! ft "Pending Type IV License Exp. Date: _-(P1 (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 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 Runnin g 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; e(Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.LL] 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum IJ71 3. Submit written report by 10" of each month (after license approval). Section C— Crime Free Housing Program Requirements Phase I_I I 1. Use written lease including Crime Free Housing Lease Addendum. ED 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I_/_I 3. Pursue the eviction of tenants who violate the terms of the lease or any addend Page 1 Type IV Mitigation Plan 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed; or Date Course Scheduled: November2014 Phase ItLiJComplete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Departmnt. Date Scheduled:9/1/23 2( //c Improvements to be completed by: Phase IIIE71 I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for 011112014 & 1111312014 - - Do these two meeting dates occur before the *pending Type IVLicense expiration date? (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. L!..i I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques.171 I will hold regular resident meetings. Section D - Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, \VO1U or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-unknown 2030 or when needs to be replaced Water Heater-2014 2030 or when needs lobe replaced Kitchen Appliances-2014 2030 or when needs to be replaced Laundry Appliances-unknown 2030 or when needs to be replaced Exterior -Paint/Siding, fascia, trim_2030 or when needs to be replaced-Windows -Roof 2030 or when needs to be replaced unknown 2030 or when needs to be replaced-Fence__________________________________________________ -Shed unknown 2020 or when needs to be replaced n/a-Garage_____________________________________ -Driveway n/a n/a -Sidewalks___________________________________________unknown 2030 or when needs to be replaced unknown 2030 or when needs to be replaced Smoke Alarms & Carbon Monoxide Alarms 2014 12015 or when needs to be replacedOther(s) Section E - Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Ii {j i. Check in with tenants every 30 days.ILL I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 171 3 . Evict tenants in violation of the lease and all addendums. M 4. Provide lawn/snow service. 1' 5. Provide garbage service. ______ 6. Install security system. V( 1 7. Provide maintenance service plan for appliances. Name of service Co.:________________________ I [ill 8. 1 arn 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. Ryan M. Whisenant Owner or Agent Name and Title ('Please Print) 8126/2014 çgiAgent Signfrfmire Date David Itman Additional Owner or Agent Name and Title (((applicable) (Please Print) Additional Owner or Agent Signature (([applicable) Date Police Department / Title Date l ' '4omity Stan Department Title '1 Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10k COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager "^^FROM: Sharon Knutson, City Clerk'21liA.. SUBJECT: Type IV 6-Month Provisional Rental License for 6316 Quail Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6316 Quail Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The property qualifies for a Type IV Rental License based on the number of property code violations (16) and validated police nuisance incidents (zero). 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 28, 2014 on condition of adherence to the Mitigation Plan and City Ordinances and meets all the condition of the Mitigation Plan. City. Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License 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: 06-24-2014 The owner, Tim Xiong, applied for renewal of the rental dwelling license for 6316 Quail Ave N, a single family dwelling. 07-11-2014 An initial rental inspection was conducted. Sixteen property code violations were cited, see attached rental criteria. 07-31-2014 The previous Type IV license expired. 08-11-2014 A second inspection was conducted and passed. Mission: Ensuring an attrac tive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-05-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. 10-07-2014 A $125 Administration Fine was issued for not meeting plan requirements. Prior Type IV Rental License approval activities: 10-03-2013 The Owner, Tim Xiong, applied for an initial rental dwelling license for 6316 Quail Ave N, a single-family residential property. 10-09-2013 An initial rental inspection was conducted. (Ten property code violations were cited, see attached rental criteria) 11-12-2013 A follow-up inspection was conducted and passed. 11-20-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-02-2013 A Mitigation Plan was submitted. 01-07-2014 The Mitigation Plan was finalized. 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust COUNCIL ITEM MEMORANDUM 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type l-3Year 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 0-0.3 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 3-4 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 - Resolution Approving a Type IV Rental License for 6316 Quail Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6316 QUAIL AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6316 Quail Avenue N, was issued a Type IV Rental License on January 28, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (16) and validated police nuisance incidents (zero). WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6316 Quail Avenue N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6316 Quail Avenue N, Brooklyn Center, MN. October 13, 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. mmIPW City of Brooklyn Center 6301 Shingle Creek Parkway Center MN 5540-2199100 Y" Phone: 763-569-3300 TTY 711 Fax: 763-569-3360www.cityofbrookJyflceflter.Org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website.' yn •• ....-.••.•- ......... 0wnerNam -r1mXiong Owner Address - Agent Addfess - - 7525 Canip 3 Road Columbus MN 55025 -..•• ........................ Owner Phone 763-439-0877 Agent Phone Owner Enia1I kangmeng6398( yahoã corn Agent Ernal --- - . - Rental License [J New jrnhRcne.wai - - - TYp(.othsfrôm ebde 'd iki frqttb 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: 7i 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include )aheduled date in Section C.F%( 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10th of each month (after license approval). 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City ifZrequested. 3. Pursue the eviction of tenants who violate the terms of the lease or any Page 1 Type IV Mitigation Pifit flJ 1101l 5 2014 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed,:______ or Date Course Scheduled: - Ph ase U Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police De1ment. Date Scheduled: 1LiOvemCfltS to be completed by: nimum bf 50% o f th e AM hiettingswill attend a mi ddl6d for & Do these two meeting ldates occur before the *pending Type JVLicenSe expiration date? Yes No (e Seclion A) if no, you wilL only be able to qualify for a Type iV Renta License UPOfl renewal. ons previously documented withinI will havc no repeat code violati the past year. For prôptl1s with four or more units: I will conduct resident aining annually that includes crime prevention techniques. I will hold regular resident meetings. eased on condition and age, estimated replacement dates are provided for dcommOn capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimate replacement date will require earlier cocctiOflS.Estimated Date Last Replaced Rep1aCemefl!___ Furnace/AC- 1!2000 12)2018 12 Water Heater- in000 /2018 Kitchen A'' IiafiCbs- 12)2018 nd AppHanCeS- Exterior I -paint/Siding, fascia, trim_____------- [ ii2o! -ws. 1/2000 12)2018 Windo -Roof 1212C06 1212020 -Fencc. _ na -Shed ____- -Garage 12)2018 ____ -Driveway _____ L 12/2006 12)2020 -Sidcwks Smoke Alas & Carbon Monoxide Alarms 712014 rm 8/2014 Othe_s) I Implementinc the following best practices may assist in the agemanment of your property. king the boxes dow, you agree to:By chec IZI 1. Check in with tenants every 30 days.[7] 2. Drive by property to check for violations twice a month. Type IV Mitigation Plan Rev 11-16-11 Page 2 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 1?] 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 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. Tim Xiong .. .. Owner or Agent Name and Title (Please Print) 9/5/2014 or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (ifapplicable) Date For Cty Use--Mitigation Plan Approved By Police Department / Title Date l ne & unity S andards Department / Title - Date Rui Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 101 COUNCIL ITEM MEMORANDUM DATE: October 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk \'MJl4y( )iitA:tftk SUBJECT: Type IV 6-Month Provisional Rental License for 160167 th Lane North Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 160167 th Lane North. 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 property qualifies for a Type II Rental License based on the number of property code violations (two) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the previous Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, complete Phase I and II of the Crime Free Housing Program, and submit monthly reports. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on June 30, 2014 and one that will expire on December 31, 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: 09-02-2014 The owner, Ryan Felien, applied for renewal of the rental dwelling license for 1601 67 th Lane North, a single family dwelling. He was advised that the property would only qualify for a Type IV Rental License. 09-09-2014 An initial rental inspection was conducted. Two property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-22-2014 A second inspection was conducted and failed. 09-23-2014 A follow up inspection was conducted and passed. 10-02-2014 A Mitigation Plan was submitted. 10-06-20 14 The Mitigation Plan was finalized. 10-07-2014 The owner was notified by telephone that the hearing before the Council will be held October 13, 2014. Prior Type IV Rental License approval activities: 12-31-2013 The previous rental license expired. 01-15-2014 The property was posted as an unlicensed rental property 02-05-2014 The Owner, Ryan Felien, applied for a renewal rental dwelling license for 1601 67 th Lane N, a single-family residential property. 02-25-2014 An initial rental inspection was conducted. (four property code violations were cited, see attached rental criteria) 03-26-2014 A follow-up inspection was conducted and passed. 04-02-2014 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.06-04-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-09-2014 A $125 Administration Fine was issued for not meeting plan requirements. 06-25-2014 A Mitigation Plan was submitted. 06-30-2014 The Mitigation Plan was finalized. 06-30-2014 The rental license expired. 10-07-2014 The owner was notified by telephone that the hearing before the Council will be held October 13, 2014. Continued Type IV Rental License approval activities: 09-28-2012 The Owner, Ryan Felien, applied for an initial rental dwelling license for 1601 67th Ln N, a single-family residential property. 10-23-2012 An initial rental inspection was scheduled. The tenant refused to allow the inspector access to the property. 01-23-2013 The inspector contacted the owner, Ryan Felien, by phone regarding scheduling a rental inspection. 01-31-2013 An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) 03-01-2013 The owner, Ryan Felien, called to reschedule the reinspection since he was evicting the tenants. 03-15-2013 A second rental inspection was conducted and passed. 04-01-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-25-2013 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. 05-08-2013 A Mitigation Plan was submitted. 05-23-2013 The Mitigation Plan was finalized. 05-31-2013 The property was posted as unlicensed because city utilities were delinquent. 06-10-2013 The delinquent utilities were paid and the posting was removed. 06-13-2013 A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 a!! people and preserves the public (rust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 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 Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 b. Police Service Call s ., 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 'Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 umts 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 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 - Resolution Approving a Type IV Rental License for 160167 Lane North .&Iissioiz: Ensuring an attractive, clean, safe, inclusive community (hatenluinces the quality of life for all 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 1601 67th Lane N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 160167 th Lane N, is issued a Type IV Rental License with an expiration date of June 30, 2014; and WHEREAS, the property located at 1601 67th Lane N, is issued a subsequent Type IV Rental License with an expiration date of December 31, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 1601 67 th Lane N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete Phase I and II of the Crime Free Housing Program, and submit monthly reports. 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 160167 th Lane N, Brooklyn Center, MN. October 13, 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. iS t it;1 ;e Itir ttlsJt )'kiu- t t /f •l1(4f,r( ; !&i. : ?/.ie fl/: i!(,i (,i w i' t1Ifl;iv .... - ?tti tt'c North ""Ryan Fohii LDeb Foflcn . .. - A AiIis: 5) dthc ro;tr Par;,UO Ocp NO SAO -617237 (218 fflP1)i 7630702580 trot corn " I 44 [j manna On,WO W w"s U t\ i P* J:J 1 T. çci1) i1 *t\l h:t ir4:3. th iW nrrp; tctt) tffl 1(i.. pp1: mi b ihi ç (iut. i 1l. rim muI (¼ . . d in1 iik. L 11% 1 om i }in nm it uJ k h 4114. U tih. t . t 1j,.,; 0,41 (iii 44. 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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 Progress Report - Amphitheater Fundraising Task Force 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 5. Paperless Packets Report Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: October 3, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Progress Report- Amphitheater Fundraising Task Force Recommendation: It is recommended the City Council accept the progress report/recommendation from the Amphitheater Fundraising Task Force regarding the proposed Centennial Civic & Veterans Memorial Amphitheater Background: On September 4, 2014, sealed bids were opened for the construction of the proposed Centennial Civic & Veterans Memorial Amphitheater. Despite an architect's estimate of $410,000, the lowest responsible bid received was $599,000. On September 17th, the Amphitheater Committee met with the architect to discuss the possible reasons for the bids coming in so high. Some of the items identified included: • Higher commodity prices for masonry, concrete products, roofing and steel. • Decreased competition in the construction industry due to the reduction in the number of construction firms during the economic downturn and then competition from the North Dakota oil fields and general economic recovery now. • Added work to comply with the floodplain issues (rain garden, storm sewer, parking lot work). The Task Force asked about the waiting for the bidding climate to improve. The architect noted he did not see any change coming in the next 18 to 24 months. The architect reported he had contacted the lowest responsible bidder and asked about their recommendations for reducing the cost of the project. He reported the contractor offered the following possible reductions. • Revise glu-lam trusses to plated trusses $26,760 • Deduct all sod, seeding and landscape maintenance (City to provide) $18,000 • Omit building permit fee (City to handle permitting fees) $ 6,800 • Omit Builders Risk Insurance (City to handle insurance) $1,700 • Provide TUl joists in lieu of glu-lam framing $ 800 • Omit rigid insulation under concrete slab $ 785 • Eliminate windows from rear wall $ 7,000 Total $61,845 Mission: Ensuring an attractive, clean, safe, inclusive coinnuuni(' that enhances the quality of life for all people auidpresei'ves the jniblic has! MEMORANDUM - COUNCIL WORK SESSION The Task Force met again on October 1st to consider options for moving forward with the project. The options considered included: • Recommending donations be returned and the project shelved. • Recommending the City Council move forward with the original design and lowest responsible bid of $599,000. • Recommending the architect's design with proposed reductions at a cost of $537,155. • Recommending a pre-engineered alternative design structure. • Recommending waiting for two or more years for the bidding market to improve. • Other recommendations After significant discussion, the Task Force passed a motion recommending the City Council proceed with the project that would include the cost reductions identified by the lowest responsible bidder and asking for City Council assistance in funding the remaining deficit. Financial Recap Revenues • Donations received to date (includes interest) $341,159.96 • Expenses to date (architect, engineer and soil boring fees) $ 34,909.80 • Cash onhand $306,250.16 • Allocation from 2013 excess fund balance $100,000.00 Total $406,250.16 Estimated Expense Lowest responsible bid (with proposed reductions) $537,155.00 Contingency 7% $ 37,600.85 Total $574,755.85 Unfunded Portion $168,505.69 Amphitheater Fundraising Task Force Chair Dr. Duane Orn will be in attendance at the October 13th City Council work session to provide an update on the Task Force's recommendation. Policy Issues: How would the City Council like to proceed regarding the proposed amphitheater? Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive coininuiiity that enhances the quality of//fe for a// people and preserves the public trust