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HomeMy WebLinkAbout2015 01-12 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 12, 2015 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING AMENDED City of Brooklyn Center January 12, 2015 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. Administer Ceremonial Oath of Office 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. Flag Ceremony and Pledge of Allegiance – Boy Scout Troop 299 6. Approval of Agenda and Consent Agenda –The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. December 1, 2014 – 2015 Budget Hearing 2. December 1, 2014 – Special Session 3. December 8, 2014 – Study Session 4. December 8, 2014 – Regular Session 5. December 8, 2014 – Work Session b. Licenses c. Resolution Designating Official Newspaper d. Resolution Designating Depositories of City Funds CITY COUNCIL AGENDA -2- January 12, 2015 e. Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau f. Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h. Resolution Granting Corporate Authority for Signing of Checks and Transaction of Financial Business Matters i. Resolution Calling for a Public Hearing Regarding Proposed Use of 2015 Urban Hennepin County Community Development Block Grant Funds j. An Ordinance Amending Chapter 35 – Zoning of the City Code of Ordinances Regarding the Regulation of Outdoor Storage and Outdoor Sales Display Areas in the I-1 Industrial Park District –Motion to approve first reading and set second reading and Public Hearing for February 9, 2015. k. Resolution to Amend the Hennepin County Violent Offender Task Force Agreement l. Applications and Permits for Temporary On-Sale Liquor Licenses Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for Social Events to be Held February 14, and March 14, 2015 m. Consideration of City Council Retreat Dates n. Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015, Providing for Its Issuance and Authorizing Execution of a Bond Purchase and Project Loan Agreement for the Note 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Carol Kleven for Her Dedicated Public Service as Council Member Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 12, 2015 b. Resolution Expressing Recognition and Appreciation of Katy Harstad for Her Dedicated Public Service on the Planning Commission Requested Council Action: –Motion to adopt resolution. c. Resolution Expressing Recognition and Appreciation of Ephraim Olani for His Dedicated Public Service on the Housing Commission Requested Council Action: –Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation of Mandora Young for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: –Motion to adopt resolution. e. Presentation of Resolution by Minnesota Community Policing Services – Recognition of Councilmember April Graves Requested Council Action: –None; presentation only. 8. Public Hearings a. Area Improvements –These items were published in the official newspaper on December 18 and 25, 2014, and are offered this evening for Public Hearing. 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03, and 04, Freeway Park Area Street, Storm Drainage, and Utility Improvements Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2015-01 and 2015-02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. CITY COUNCIL AGENDA -4- January 12, 2015 3. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-05, 06, 07, and 08, 63rd Avenue Street, Storm Drainage, and Utility Improvements Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 4. Resolution Certifying Special Assessments for Improvement Project Nos. 2015-05 and 2015-06, 63rd Avenue Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 9. Planning Commission Items –None. 10. Council Consideration Items a. Select Presiding Officers – Mayor Pro Tem and Acting Mayor Pro Tem Requested Council Action: –Council discuss and select presiding officers. b. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: –Motion to adopt resolution. c. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2015 Requested Council Action: –Motion to ratify Mayoral appointments. d. An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs Requested Council Action: –Motion to approve first reading and set second reading and Public Hearing for February 9, 2015. e. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 4200 Lakebreeze Avenue 2. 7106 Halifax Avenue North 3. 1320 68th Lane 4. 5700 Camden Avenue North 5. 5930 Camden Avenue North 6. 6349 Halifax Drive CITY COUNCIL AGENDA -5- January 12, 2015 7. 7240 West River Road –Resolution Approving a Type IV Rental License for 7240 West River Road 8. 1706 71st Avenue North –Resolution Approving a Type IV Rental License for 1706 71st Avenue North 9. 6601 Camden Drive –Resolution Approving a Type IV Rental License for 6601 Camden Drive 10. 5755 Humboldt Avenue North –Resolution Approving a Type IV Rental License for 5755 Humboldt Avenue North 11. 7000 James Avenue North –Resolution Approving a Type IV Rental License for 7000 James Avenue North 12. 5820 Logan Avenue North –Resolution Approving a Type IV Rental License for 5820 Logan Avenue North 13. 7212 Willow Lane –Resolution Approving a Type IV Rental License for 7212 Willow Lane Requested Council Action: –Mayor poll audience for applicants to address Council. –Receive staff report. –Motion to open hearing. –Receive testimony from applicants in order. –Motion to close hearing. –Take action on rental license applications and mitigation plans. 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. Ga MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 2015 BUDGET HEARING DECEMBER 1, 2014 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council met for the 2015 Budget Hearing called to order by Mayor Tim Willson at 7:04 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kieven, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and unexcused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Maria Rosenbaum. 3. PRESENTATION ON BUDGET PROCESS AND PROPOSED 2015 BUDGETS City Manager Curt Boganey discussed the purpose of this hearing, outlined the budget process, and noted the budget is the culmination of a consensus building, priority setting process that began with the development of a multi-year strategic plan; which clarifies values and establishes goals and strategic priorities. Finance Director Nate Reinhardt outlined a PowerPoint with the Recommended Budget and Tax Levy for 2015. The proposed Pay 2015 City Levies are as follows: General Fund Operations $14,332,534 Public Improvement Bond - Debt Service 396,496 Abatement for Economic Development 49,000 Total 2015 Proposed City Levy $14,778,030 The 2015 Levy is a $417,060 (2.90%) increase from 2014. The Housing and Redevelopment Authority Levy is $280,460, which is a $1,650 decrease from 2014. Finance Director Reinhardt also discussed the 2015 General Fund Revenues, Sources of Revenues, Expenditures, Expenses, Expenses by Function, and the Capital Improvement Projects. There was discussion regarding the $12.98 million proposed for the 2015 Capital Improvements and what the breakdown is for the Amphitheater funding. 12/01/14 -1- DRAFT 4.PRESENTATION ON PROPOSED PROPERTY TAXES PAYABLE IN 2015 Finance Director Reinhardt discussed an Introduction on Property Taxes, How Property Taxes are Distributed, Market Values for Pay 2015 Compared to 2014, Taxable Capacity Pay 2014 Compared to 2015, Median Residential Values, Median-Value Home Property Tax, and outlined properties that will have taxes going up and down. 5.OPPORTUNITY FOR PUBLIC COMMENT AND QUESTIONS Councilmember Ryan moved and Councilmember Kieven seconded to open the meeting for public comment and questions. Motion passed unanimously. No one who wished to speak for public comment and questions. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the meeting for public comment and questions. Motion passed unanimously. 6. REVIEW REMAINING ACTIONS FOR ADOPTION Finance Director Reinhardt discussed that the City Council will consider adoption of the final Property Tax Levy, 2015 City Budget, and Capital Improvement Plan at its City Council meeting this evening and if there is a need to have a continuation of the Budget Hearing it will be held on December 8, 2014. 8. ADJOURN The adjournment of the 2015 Budget Hearing was at 7:41 p.m. 12/01/14 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 1, 2014 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER SPECIAL BUSINESS MEETING The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at 7:49 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kieven, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and unexcused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, and Deputy City Clerk Maria Rosenbaum. 3. CONSIDERATION OF 2015 BUDGET City Manager Curt Boganey stated that the 2015 Budget Hearing was held previous to this meeting and the items before the City Council at this Special meeting would be to adopt the final items for 2015 Budget. 3a.CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2015 FISCAL YEAR Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the City Manager's Budget Transmittal Letter for 2015 Fiscal Year. Motion passed unanimously. 3b.RESOLUTION NO. 2014-156 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING AND REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2015 Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-156 Approving Final Tax Capacity Levies for the General Fund and Housing and Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes Payable in 2015. Motion passed unanimously. 12/01/14 -1- DRAFT 3c.RESOLUTION NO. 2014-157 ADOPTING THE 2015 ANNUAL CITY BUDGET Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-157 Adopting the 2015 Annual City Budget. Motion passed unanimously. 3d.RESOLUTION NO. 2014-158 APPROVING THE 2015-2029 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2015 CAPITAL PROGRAM Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-158 Approving the 2015-2029 Capital Improvement Plan and Adopting the 2015 Capital Program. Motion passed unanimously. COUNCIL REPORT Councilmember Ryan reported on his attendance at the November 25, 2014, Multi-Cultural Advisory Committee meeting. Councilmember Kieven reported that she would be attending the Prayer Breakfast on December 2, 2014. Mayor Willson reported that he would be attending the Ribbon Cutting/Open House for Restaurant Depot on December 3, 2014, and the Sign Zone Ribbing Cutting on December 16, 2014. Mayor Willson informed that the last City Council Meeting for the year will be on December 8, 2014, and with the New Year coming soon a Council Retreat should be discussed. He wished to let citizens know that there is a water treatment plan webcam running if they are interested in watching. 4. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to adjourn the City Council meeting at 8:09 p.m. Motion passed unanimously. 12/01/14 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 8, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met' in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin IVlyszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation, and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Megan Pace, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS There was discussion regarding the 63rd Avenue Street and Utility Improvements, as reviewed during the November 24, 2014, Study Session. Councilmember Myszkowski referred to a resident who is concerned about the proposed sidewalk on 63 d Avenue North. City Manager Curt Boganey asked whether the concerned resident lives near the Greenway, north of 681h Avenue N. He referred to a map included in the City Council packet depicting a proposed sidewalk on the west side of France Avenue near 69th Avenue. He added the sidewalk span is relatively short in this area due to the high traffic counts on northbound France Avenue. Councilmember Kleven stated, during the November 24, 2014, Study Session, she requested that the City Council review the issue of prohibiting the use of e-cigarettes in public places. MISCELLANEOUS Reaction to Verdict in Ferguson, MO Councilmember Myszkowski stated there have been protests and riots nationwide in the wake of the trial in Ferguson, Missouri, which did not result in a conviction. She added she believes many Brooklyn Center residents may feel a sense of despair. She requested that the City Council and City staff consider an open dialogue with the community as a whole regarding the philosophy and policies of the Brooklyn Center Police Department, to provide reassurance and build trust. 12/08/14 4- DRAFT Mayor Willson stated he spoke recently at a community meeting in North Minneapolis, at which this issue was raised. He added the City Council would need to determine who would host a public forum in Brooklyn Center. Councilmember Myszkowski stated people need to have an opportunity to voice their questions and concerns. Mayor Willson stated this issue should be discussed, and recommended putting it on an upcoming Work Session agenda. Mr. Boganey agreed, stating that a public forum could be a way to provide information about the City of Brooklyn Center, and possibly take public comment. He added attracting the right audience would be a key component. Councilmember Ryan stated he appreciates Mr. Boganey's observations on this issue, which the City Council should approach with well-defined objectives. Mayor Willson agreed. Councilmember Myszkowski stated it is worthwhile to be proactive, and she agreed there should be parameters and objectives. She added this is also a great opportunity to answer questions and address concerns. Councilmember Lawrence-Anderson stressed the importance of being mindful of the safety of the Police Department. She stated the comments of the Police Chief with regard to community outreach and Department practices should be included in a public forum. Mr. Boganey stated an upcoming Work Session could include a staff report providing the City Council with ideas and alternatives for weighing public opinion and sentiment. Holly Sunday Event - December 7, 2014 Councilmember Lawrence-Anderson stated Brooklyn Center's Holly Sunday event, held at the Community Center and hosted by the Lions Club, was a huge success. She added she has discussed with City staff the possibility of implementing a holiday weekend celebration instead of a single day event due to positive reaction and increased attendance. Councilmember Lawrence-Anderson recommended a dedicated committee to review this issue and recommend changes. She added finding volunteers and obtaining funds as well as advanced planning should be considered. Councilmember Ryan stated the Lions Club supports the idea of a weekend celebration, but a broader base of support for planning and implementing the event will be necessary if it is expanded. He added the Lions Club would welcome discussion with regard to joining forces with other civic organizations to plan the Holly Sunday event. He noted he would raise this issue at the next business meeting of the Lions Club. Councilmember Lawrence-Anderson stated the City could offer assistance and resources to ensure that the Holly Sunday is a huge success. She added the Lions Club does a great job planning the event. Councilmember Kieven stated the rooms and halls get very crowded, and if the event is expanded, space limitations will have to be considered. 12/08/14 -2- DRAFT Mayor Willson stated he supports the idea of a weekend format. He added space constraints should be addressed. Mr. Boganey agreed to have City staff review potential issues and ways to expand the event for future review by the City Council. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Myszkowski moved and Councilmember Ryan seconded to adjourn the Study Session to Informal Open Forum at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS FROZEN PRIVATE WATER SERVICES EVALUATION Public Works Director/City Engineer Steve Lillehaug introduced this item and requested the City Council's review and consideration of a possible change in the City's services for residents whose pipes have frozen. Mr. Lillehaug stated last winter was a very severe winter, and one of the coldest on record. He noted this resulted in frozen water service for many cities, including many residents of Brooklyn Center. He added the same type of severe winter will happen again in the future, based on weather records, and the City should be proactive in preparing for future frozen pipes. Mr. Lillehaug stated frozen water lines are an emergency, and a serious inconvenience. He added sometimes it is possible to get temporary water hooked up from an adjacent neighbor. He noted water lines that are prone to freezing can be addressed within upcoming street reconstruction projects. Discussion of this item continued and reached conclusion at the December 8, 2014, Work Session. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:58 p.m. 12/08/14 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 8, 2014 CITY HALL COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Megan Pace, 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 offered his personal reflection as the Invocation wishing all a Happy Holidays and Happy New Year with his greatest wish of peace of earth. 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 12/08/14 -1- DRAFT Mayor Tim Willson and Councilmembers Carol Kieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards 'Vickie Schleuning, City Attorney Charlie LeFevere, and Megan Pace, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 24, 2014— Study Session 2.November 24, 2014 - Regular Session 3. November 24, 2014— Work Session 6b. LICENSES GASOLINE SERVICE STATION Northern Tier Energy/Retail SuperAmerica dba SuperAmerica 1901 57th Avenue N 6950 Brooklyn Blvd 6545 West River Rd LIQUOR - CLASS A ON-SALE INTOXICATING AND SUNDAY Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive LIQUOR - CLASS A ON-SALE INTOXICATING, SUNDAY, AND 2 AM 2200 Beverage Management, LLC dba Minneapolis Boulevard Hotel 2200 Freeway Boulevard LIQUOR - CLASS B ON-SALE INTOXICATING AND SUNDAY Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing LIQUOR - CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International Corp. dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE CLUB INTOXICATING AND SUNDAY 12/08/14 -2- DRAFT Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant Inc. dba 50's Grill 5524 Brooklyn Boulevard Davanni's Pizza & Hot Hoagies 5937 Summit Drive LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course, Centennial Park and Evergreen Park 6301 Shingle Creek Parkway LIQUOR - OFF-SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue N Bassil Co. dba Marathon 1505 69th Avenue N Diamond Lake 1994 LLC dba Cub Foods - Brookdale Leng Ku dba Sun Foods Northern Tier Retail LLC dba SuperAmerica #3192 Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #405 8 Wal-Mart Stores Inc. dba Walmart 3245 County Road 10 6350 Brooklyn Boulevard 6950 Brooklyn Boulevard 6545 West River Road 1901 S7th Avenue N 1200 Shingle Creek Crossing MECHANICAL Anderson's Residential Heating & A/C JJJC, LLC MWJ Heating and Cooling Modern Heating & Air Conditioning Inc New Century Systems, Inc. RENTAL INITIAL (TYPE II— two-year license) 3125 65th Avenue N 6242 Scott Avenue N RENEWAL (TYPE III— one-year license) 5214 Drew Avenue N 7212 Lee Avenue N Passed w/ Weather Deferral RENEWAL (TYPE II— two-year license) 1628 Co. Rd. 10, Spring Lake Park 7924 Brooklyn Blvd, Brooklyn Park 1110 Highway 55, Hastings 2318 First Street NE, Minneapolis 20150 75 th Avenue, Corcoran Crystal Holler Chen Zhou Paris and Nicole Fadden Qiang Fang - did not meet plan requirements; missing CPTED 12/08/14 -3- DRAFT 4500 58th Avenue N Twin Lake N Apts 4819 Azelia Avenue N 5701 James Avenue N Passed WI Weather Deferral 6330 Orchard Avenue N RENEWAL (TYPE I— three-year license) 5239-41 Drew Avenue N 4207 Lakeside Ave #337 5350 Logan Avenue N 7148 Newton Avenue N 7110 Riverdale Road TOBACCO RELATED PRODUCT Bun St. Market Inc. TLN LA NEL Penelope Brown Roxann Robertson Mark Kohls Jay and Gina Battenberg Adrian Jiminez Manoj Moorjani Jerry Carter James Nelson/ACR Homes dba Quick Shop 5808 Xerxes Avenue N Northern Tier Energy/Retail SuperAmerica dba SuperAmerica 1901 57th Avenue N 6950 Brooklyn Boulevard 6545 West River Road Walgreen Company 6390 Brooklyn Boulevard 6c.2015 CITY COUNCIL MEETING SCHEDULE 6d.RESOLUTION NO. 2014-159 SETTING SALARIES FOR CALENDAR YEAR 2015 6e. RESOLUTION NO. 2014-160 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-01 AND 02, FREEWAY PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS 61. RESOLUTION NO. 2014-161 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2015-01,02,03 AND 04, FREEWAY PARK STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2014-162 ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5355 EMERSON AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 002, BLOCK 003, N. & E. PERKINS ADDITIONS TO MINNEAPOLIS, HENNEPIN COUNTY, MINNESOTA IN THE CITY 12/08/14 -4- DRAFT OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA AND ITS OWNER, JAMES J BREZINSKI 6h. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, FOR A SOCIAL EVENT TO BE HELD JANUARY 16 AND 17,2015 Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8.PUBLIC HEARINGS 8a. CONSIDERATION OF PUBLIC UTILITY RATES FOR .2015 Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed Public Hearing. He reviewed the City's proposed 2015 Public Utility Rates. Mayor Willson stated the City of Brooklyn Center has done well over the years at keeping public utility rates low. He added he is pleased with City staffs proposal, and believes residents will be appreciative. Councilmember Ryan stated an increase in rates is necessary due to construction of the City's new water treatment plant. He added it was determined in 2013 that the level of manganese in the City's water supply was a health concern. He noted the City Council's responsibility is to ensure that the City's water is high quality and safe for public consumption, and the water plant and movement in rates are necessary additions. Councilmember Ryan moved and Councilmember Kieven seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councjlmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2014-163 ADOPTING 2015 WATER UTILITY RATES, FEES AND CHARGES 12/08/14 -5- DRAFT Councilmember Kieven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-163 Adopting 2015 Water Utility Rates, Fees and Charges. Motion passed unanimously. 2.RESOLUTION NO. 2014-164 ADOPTING 2015 SEWER UTILITY RATES, FEES AND CHARGES Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-164 Adopting 2015 Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 3.RESOLUTION NO. 2014-165 ADOPTING 2015 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-165 Adopting 2015 Storm Sewer Utility Rates, Fees and Charges. Motion passed unanimously. 4.RESOLUTION NO. 2014-166 ADOPTING 2015 STREET LIGHT RATES AND CHARGES Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-166 Adopting 2015 Street Light Rates and Charges. Motion passed unanimously. 5.RESOLUTION NO. 2014-167 ESTABLISHING 2015 RECYCLING RATE AND CHARGES Councilmember Kieven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-167 Establishing 2015 Recycling Rates and Charges. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS lOa. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mr. Boganey introduced the issue and stated that City staff recommends approval of Mayoral Reappointments to City Advisory Commissions. 12/08/14 -6- DRAFT Mayor Willson stated, upon reviewing attendance at the City's Commissions, there were no 2014 meetings at which there was no quorum. He added the Park and Recreation Commission had the best overall attendance record. He noted Commissioners Jerry Witalka and Travis Bonovski both had 100% attendance in 2014. Mayor Willson stated Commissioners Randall Christensen, Steve Schonning and Rochelle Sweeney had 100% attendance at Planning Commission meetings. He added Commissioner Sweeney was newly appointed in July 2014. He noted the Planning Commission had a quorum for every meeting in 2014. Mayor Willson stated all the City's Commissions have had excellent meeting attendance in 2014, and are successfully doing the business of the City of Brooklyn Center. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify the following Mayoral Reappointments to City Advisory Commissions: Financial Commission - term to expire 12/31/2017 Rex Newman Teneshia Kiagness Dan Schueller Housing Commission - term to expire 12/31/2017 Mark Goodell Judy Thorbus Park and Recreation Commission - term to expire 12/31/2017 Bud Sorenson Jill Dalton Planning Commission - term to expire 12/31/2016 Randall Christensen Benjamin Freedman Stephen Schonning NW Suburbs Cable Communications Commission - term to expire 12/31/2015 Rex Newman Motion passed unanimously. lObi. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3912 61ST 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. 12/08/14 -7- DRAFT Councilmember Kieven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3912 61 " 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. 102.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 350166 " 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 Councilmeniber Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 3501 66th 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. 103.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7018 BROOKLYN BOULEVARD 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 Brooklyn Boulevard, 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. 10b4. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6032 HUMBOLDT AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 6032 Humboldt Avenue North was inspected and 12 property code violations were cited and ultimately corrected. There have been 0 validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental 12/08/14 -8- DRAFT license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. Debra Yilek stated she is the owner of the property at 6032 Humboldt Avenue North. She added she wanted to come to the meeting to make sure everything was in order. She noted she received a final notice from the City, after already receiving the mitigation plan from City staff. Ms. Schleuning stated City staff knew that Ms. Yilek was under time constraints, and the license application was expedited so that it could be addressed at tonight's meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. 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 6032 Humboldt 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. 10b5. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6753 HUMBOLDT 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 Kieven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6753 Humboldt 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. 106. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT 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 12/08/14 -9- DRAFT 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 6765 Humboldt 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. 107.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6406 INDIANA 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 Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6406 Indiana 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. 108.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5308 LILAC DRIVE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 5308 Lilac Drive North was inspected and 21 property code violations were cited and ultimately corrected. There have been 0 validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Tye IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Paul Baird stated he is the owner of the property at 5308 Lilac Drive North. He added he has worked with City staff to ensure that the property is maintained and tenants are proactive with regard to notifying him about any issues that need to be addressed. Mr. Baird stated he was not aware that the City expects landlords to be actively involved in the inspection process. He added he was surprised that he received a 6-month license, which is a 12/08/14 -10- DRAFT set-back for his property and tenants, as it will result in higher rents. He apologized, and added he would anticipate the inspection process in the future. Mayor Willson stated the City of Brooklyn Center is taking the lead in the protection and development of rental housing stock, with the intention of maintaining rental standards. Councilmember Ryan moved and Councilmember Kieven seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5308 Lilac Drive 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. 10b9. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5800, 5830 LOGAN AVENUE NORTH - THE LILACS 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 5800, 5830 Logan Avenue North - The Lilacs, 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. lOblO. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7019 MORGAN 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 Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7019 Morgan 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. 12/08/14 -11- DRAFT lObil. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6400 NOBLE 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 Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6400 Noble 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. 10b12. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5201 WINCHESTER LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5201 Winchester Lane, 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. 1013. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3706 WOODBINE LANE 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 3706 Woodbine Lane, 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. 1014. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5439 CAMDEN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide 12/08/14 -12- DRAFT testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion, 1. RESOLUTION NO. 2014-168 APPROVING A TYPE IV RENTAL LICENSE FOR 5439 CAMDEN AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-168 Approving a Type IV Rental License for 5439 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. lOb 15. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6724 FRANCE 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. 2014-169 APPROVING A TYPE IV RENTAL LICENSE FOR 6724 FRANCE AVENUE NORTH Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-169 Approving a Type IV Rental License for 6724 France 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. 1016. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5412 PENN AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Wilson called for a motion. 1. RESOLUTION NO. 2014-170 APPROVING A TYPE IV RENTAL LICENSE FOR 5412 PENN AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-170 Approving a Type IV Rental License for 5412 Penn Avenue North, with the requirement that the mitigation plan and all applicable ordinances must beZD strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 12/08/14 -13- DRAFT lOc. RESOLUTION NO. 2014-171 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-05 AND 06, 63RD AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS Director of Public Works Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. He added this is a significant corridor and the reconstruction project contains components that deserve additional attention. Mr. Lillehaug stated a workshop is scheduled for December 10, 2014, at 6:00 p.m. to review the proposed improvements and discuss possible traffic calming measures. He added City staff recommends approval of the Resolutions related to these improvement projects. Councilmember Ryan stated the letter and report which was sent to 63' Avenue residents provides a lot of information, including different design elements to be considered. He added he appreciates that residents received the letter well in advance of project commencement. Mr. Boganey stated a Public Hearing is scheduled to be held on January 12, 2015, Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-171 Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2015-05 and 06, 63 td Avenue Street and Storm Drainage Improvements. Motion passed unanimously. lOd. RESOLUTION NO. 2014-172 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2015- 05,06,07 AND 08, 63RD AVENUE STREET AND UTILITY IMPROVEMENTS Councilmember Kieven moved and Councilmember Lawrence-Anderson to adopt RESOLUTION NO. 2014-172 Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements. Motion passed unanimously. lOe. HEARING AND CONSIDERATION OF AN ON-SALE CLASS C INTOXICATING LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE FOR 6440 JAMES CIRCLE NORTH 1. RESOLUTION MAIUNG FINDINGS OF FACT AND ORDER RELATING TO AMF EARLE BROWN LANES LIQUOR LICENSE Mr. Boganey reviewed this item and stated the City Council had requested that the City Attorney meet with the applicant's representative to consider a plan of action with the goal of potential 12/08/14 -14- DRAFT issuance of a contingent liquor license. He noted City staff and the City Attorney can address any questions the City Council might have. Councilmember Lawrence-Anderson moved and Councilmember Kieven seconded to open the hearing. Kaela Brennan, attorney representing AMF, and Gary Paone, District Manager for AMF, addressed the City Council. Ms. Brennan stated her client supports the proposed resolution and appreciates the consideration of the City Council with regard to renewal of the license, which is critical to their business. Mayor Willson stated he is pleased to see how the focus has changed in the food service area. He added the applicant is putting together a good plan to meet the 40% threshold. Councilmember Lawrence-Anderson requested clarification regarding the after-school promotion. Gary Paone, AMF District Manager, reviewed the company's new marketing plan and promotional materials. He added marketing efforts will include group sales, local mailings, cold calling, and asocial media presence. He noted the AMF Earle Brown Lanes joined the Brooklyn Center Business Association, and also reached out to Kelsey Schuster at Brooklyn Bridge Alliance for Youth, who directed him to BrooklynConnect, the online community programming database. Mr. Paone stated an after-school bowling program is proposed, with $5 bowling and all-you-can- eat pizza and soda. He added that will hopefully be in place in early January 2015. Mr. Paone stated the kitchen will feature better menu items that will be available throughout the center, and will be open as long as alcohol is served. He added a new kitchen manager is being recruited to ensure high quality food and excellent customer service. He noted this has proven challenging, but they hope to find a suitable candidate soon. Mayor Willson stated all-you-can-eat pizza and soda could be a bad idea for high school students, and a limit of 2-3 slices of pizza might be a better option. Councilmember Lawrence-Anderson stated she recently toured the facility, and tables are placed throughout the center. She added she feels comfortable that there is ample table seating. She noted $5 is a great price point for high school kids, and the AMF's proximity to the high school will bring in that business. She expressed her support of the changes being made by AMF Earle Brown Lanes. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. 12/08/14 -15- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-173 Making Findings of Fact and Order Relating to AMF Earle Brown Lanes Liquor License. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • December 1, 2014, City Council Budget Hearing and Special Meeting • December 4, 2014, Brooklyn Center Business Association Holiday Luncheon • December 5, 2014, Humphrey School of Public Affairs seminar, "Understanding Innovation and Service: Redesign in Minnesota's Public Sector"• • December 8, 2014, Holly Sunday Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • This is her last meeting as a Brooklyn Center City Councilmember. She will now take on the role of full-time caregiver to her husband. It has been her honor to serve the City of Brooklyn Center. She thanked the residents who have had faith in her, stating it has been a pleasure. Mayor Willson thanked, Councilmember Kieven for her service to the City, and for all that she has accomplished over her four-year . term. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 1, 2014, City Council Budget Hearing and Special Meeting • December 6, 2014, Earle Brown Terrace craft fair • December 6, 2014, Earle Brown Terrace foreclosure meeting; currently in receivership • December 8, 2014, Holly Sunday • Expressed her appreciation of and gratitude for Councilmember Kieven and wished her well Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: o December 1, 2014, unable to attend Budget Hearing and Special Meeting due to a family emergency • December 4, 2014, Brooklyn Center Business Association Holiday Luncheon • December 8, 2014, Holly Sunday • December 8, 2014, BCBA Special Meeting to discuss ways to increase membership, including printing of a community calendar • Expressed her pleasure to work with Councilmember Kieven, and wished her good health and happiness, and peace to her and her family 12/08/14 -16- DRAFT Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • November 25, 2014, attended Brooklyn Bridge Alliance fundraiser appreciation event, before the Brooklyn Bridge Alliance Board meeting • December 1, 2014, City Council Budget Hearing and Special Meeting • December 5, 2014, Humphrey School of Public Affairs seminar with Councilmember Ryan • December 7, 2014, Holly Sunday with his grandson • December 16, 2014, Sign Zone, Inc., Grand Opening - 6850 Shingle Creek Parkway Mr. Boganey expressed his pleasure at having had the privilege of working with Councilinember Kieven and wished her the best of luck 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:55 p.m. Motion passed unanimously. 12/08/14 -17- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION DECEMBER 8, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:04 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Megan Pace, TimeSaver Off Site Secretarial, Inc. FROZEN PRIVATE WATER SERVICES EVALUATION (Continued from Study Session) Mr. Lillehaug reviewed the actions of City staff in 2013 with regard to providing assistance to residents with frozen water service lines. He added the portion of pipe that generally freezes is under the street, and owned by the City. He noted when water lines freeze, it is generally not the fault of the resident, and it is appropriate for the City to provide assistance. Mr. Lillehaug presented a few different options for the City Council's review, including taking no action, which is not preferable in his opinion. He added the City can maintain its current policy of providing technical assistance to residents for access to temporary water, and continue the rebate program. Mr. Lillehaug stated the City could purchase a Magikist De-Icer, a machine which many communities use to thaw water lines. He added City staff would need to go into the homes of residents. He stressed the importance of the completion of a liability waiver for City staff entering a resident's home. Mr. Lillehaug stated another option is the application of electric currents to thaw pipes. He added this method is effective, but can be dangerous as it is difficult to control electric currents. Mr. Lillehaug stated another option is a program to systematically reconstruct pipes that are prone to freezing. He added that approximately 100 properties in the City have been identified, 12/08/14 4- DRAFT and repairs have been conducted on 23 of these properties. He added the introduction of a capital improvement project is a possibility, but it would be a costly solution. Mr. Lillehaug stated he recommends that City staff continue to provide assistance through access to temporary water service. He added he also recommends the purchase of a Magikist De-Icer to be used by City staff in a resident's home. Mr. Boganey thanked Mr. Lillehaug for his comprehensive report. He added he believes the provision of this service to residents is consistent with the City Council's focus on the "customer intimate" value proposition. He added it is not unreasonable to use City staff time and resources for this service rather than ancillary services. Mayor/President Willson stated he agrees it is important for the City and its employees, as well as the City Council, to be customer-oriented. He requested clarification regarding the cost and capacity of the Magikist De-Icer. He added he supports keeping the current temporary water service assistance in place, and have City staff provide pipe-thawing services, using the Magikist De-Icer. Mayor/President Willson stated, with regard to undertaking permanent repairs, an ongoing program could be considered on a case-by-case basis to allow the City to take more ownership of residential water lines in need of repair. Councilmember/Commissioner Ryan stated corrections can be incorporated into street improvement projects as they are completed. He added he supports the provision of a thawing service as it can be a frustrating problem for residents to be without water. He stressed the importance of making the effort to show residents that the City is willing to address the problem of frozen pipes. Mr. Boganey stated that Mr. Lillehaug had referred to the use of a liability waiver for City staff entering the homes of residents. He re-iterated the importance of this component. Mayor/President Willson agreed, adding such waivers have become commonplace, and should not be a problem. Mayor/President Willson asked whether City staff makes an effort to insulate pipes that have been known to freeze in the past. Mr. Lillehaug stated City staff sends a letter to homes where the water lines have frozen in the past, advising residents to run their water regularly. Councilmember/Commissioner Lawrence-Anderson stated she supports a combination of the current practice of providing assistance with access to temporary water, as well the acquisition of the Magikist machine. She added it will be perceived as a good-will gesture, especially since water rates were just increased at tonight's meeting. She stressed the importance of helping residents rather than expecting them to mitigate their frozen pipes on their own. Councilmember/Commissioner Kieven asked whether residents can get help when their pipes freeze on the weekend. Mr. Lillehaug stated there is always a Utilities staff member on call to provide assistance. 12/08/14 -2- DRAFT Mr. Boganey stated he would support completion of pipe thawing once City staff has entered the home, regardless of where the pipes are frozen. Councilmember/Commissioner Lawrence- Anderson agreed, adding it could be considered a one-time courtesy provided by City staff. Councilmember/Commissioner Myszkowski expressed her appreciation that this issue was brought to the City Council for their review. She stated she cannot imagine the desperation that a family would feel when they have no water, and no money for a hotel. She added she supports the provision of assistance for temporary water service, and the purchase of a Magikist machine. The majority consensus of the City Council/EDA was to authorize City staff to move forward with the purchase of a Magikist De-Icer. PLANNING FOR ANNUAL RETREAT City Manager Curt Boganey stated City staff is planning the Annual City Council Retreat, and hopes to invite the same facilitator. He added the speaker, Craig Rapp, has been out of town but will be available in February or early March, and City staff can make the necessary arrangements for the facilitator to attend the Retreat. He added the Retreat will be finalized in early January 2015. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissiofler Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:38 p.m. Motion passed unanimously. 12/08/14 -3- DRAFT City Council Agenda Item No. 6b ESIflA[SiIRI 1UIMiIJ1IJh'kl DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cl If SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on January 12, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Royalty and Sons, Inc. Two Rivers Investment, Inc. MECHANICAL Forrest Heating, Inc. KVA Engineering, Inc. Lakes Plumbing & Heating Inc. MacDonald Heating and Air Cond.Inc Northland Mech. Contractors, Inc. Rickert Heating & Air Ridler Heating & Cooling Inc. RENTAL See attached report. SECONDHAND GOODS DEALER GameStop p535 SIGN HANGER Serigraphics Sign Systems TOBACCO RELATED PRODUCT Royal Tobacco Royalty and Sons, Inc. 6044 Brooklyn Boulevard 6840 Humboldt Avenue N 995 Bums Avenue, St. Paul 6504 Valley View Road, Corcoran 17503 Lever Street NE, Ham Lake 11848305 th Avenue, Princeton 9001 Science Center Drive, New Hope 10355 Quaker Lane N, Maple Grove 3110 Washington Avenue, Minneapolis 6068 Shingle Creek Parkway 2401 Nevada Avenue N, Minneapolis 5625 Xerxes Avenue N 6044 Brooklyn Boulevard i1iisiou: Ensuring an attractive, clean, saft, inclusive co,nmuni(r that enhances the quality of l?f' jhr all people and preserves the public (vast S1IihXIJ iI1I Rental License Category Criteria Policy - Adopted by City Council 03-0840 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only)-- Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Number of Units 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 S or more units 0-0.35 --- Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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II -D a) (0 0 .2 (0 o (.)D ..0a) 0 a)b0 a) 0Co a) a) 0. >- 9a)-(0 a)C 0.2 * * —* * City Council Agenda Item No© 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JLMM DATE: January 6, 2015 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested that the City Council consider designating Brooklyn Center Sun-Post to be the official newspaper for 2015. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2015 is $11.17 per column inch (9 lines per inch $ 1.24 per line). The circulation of the Sun-Post is 6,987 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip code 55430 at 7,847 households and 55429 at 9,741 households for December 2014. The rate structure for 2015 is $5.50 per line. Attachments: Resolution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 331 A Budget Issues: The 2015 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2015. January 12, 2015 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. . . . . ....... December 2014 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Please accept the following bid from the Brooklyn Center Sun-Post for legal newspaper designation for the City of Brooklyn Center. This newspaper is qualified by the State of Minnesota as a legal news- paper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2015: First insertion: $11.17 per column inch Subsequent insertions: $6.00 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Post website at no additional charge. The Sun-Post is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to sunIegaIs@ecm-inccom. Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • POStMNSUN.COM _JkAI. •IVL December 2014 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The total circulation of the Brooklyn Center Sun-Post within the City of Brooklyn Center is 6,987 newspapers. The certified Audit Report for this newspaper is enclosed for your review. If you have any questions regarding this information, please let us know. Thank you for your consideration. Sincerely, Michael Jetchick Sales Manager AUDIT REPORT For the 12-month period ending Sept. 25, 2014 BROOKLYN CENTER SUN.POST ECM Publishers, Inc. Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy is to publish weekly com- munity newspapers. Advertising is sold separately or In any combina- tion with ECM Publishers, Inc. Circulation policy is to home deliver single copies to a defined portion of households within Hen- nepin, Dakota, Anoka, Carver, and Ramsey counties. Bulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 1)Mail subscriptions...........10 2)Net retail sales (store, newsstand, rack, and counter.......................0 3) Voluntary/optional paid circulation........................66 Total paid circulation...............76 B. Unpaid circulation I) Carrier single copies 6871 2)Unpaid residential bulk..........0 3)Unpaid non-residential bulk......................................40 Total unpaid circulation 6911 Total paid and unpaid circulation (sum of A & B) 6967 PUBLISHER'S BREAKDOWN OF TOTAL CIRCULATION FOR THE SINGLE ISSUE OF: BROOKLYN CENTER SUN'POST nunaLv-r, dept. a, ZU1 14 A.Paid mailed circulation 10 B.Net retail sales (store, newsstand, rack, and counter ...........................0 C.Voluntary/oplionsl paid circulation............................56 D. Unpaid carrier..................6881 E.Bulk...... ...............................40 F. Total distribution (sum ofA,B.C,D&E)....6987 examined the records of the publication(s) for the period stated. Our examination was made in ac- cordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accord- ingly, included such tests of the accounting and circulation records and such auditing procedures as we considered necessary In the circumstances. In our opin- ion, this report presents fairly the circulation of the publication(s) of the period indicated. Certified Audit of Circulation 155 Willowbrook Bled. Wayne, N.J. 07470Telephone: 973-786-3000 cacEcertifiedaudit.cem PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name and address of publication: Sun-Post 10917 Valley View Road Eden Prairie, MN 55344 Name of personnel: General Manager: Mark Weber Director of News: Keith Anderson Number of issues printed each year: 62 Name and address of publishing company if different: ECM Publishers, Inc. 10917 Valley View Road Eden Prairie, MN 55344 Name of shareholders, bondholders and/or mortgages: ECM Publishers, Inc. 4095 Coon Rapids Blvd Coon Rapids, MN 55433 MINNESOTA STATUTES 2014 331A.01 CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS.331A.07 AFFIDAVIT OF PUBLICATION. 33 IA.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER.331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 33 IA.03 WHERE NOTICE PUBLISHED.331A.10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.04 DESIGNATION OF A NEWSPAPER FOR NEWSPAPER. OFFICIAL PUBLICATIONS.331A.11 APPLICATION. 33 1A.05 FORM OF PUBLIC NOTICES.331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. 331A.06 RATES FOR PUBLICATION. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 33 1A.0 1 to 331A.1 1, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33 Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of apolitical subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.01 MINNESOTA STATUTES 2014 2 Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 33 1A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. 11. Recognized industry trade journal. "Recognized industry trade journal" means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state, or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History: 1984 c 543 s 20, 1986 c 444; 2004 c 182 s 3-7, 2013 c 46 s 1 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general neis services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political sub- Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2014 331A.02 division it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e)have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph ) through December 31 of that year; and ) after publication, submit to the secretary of state by December 31 a filing containing the newspapers name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the quali- fication of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declamatory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served 011 the publisher as in other civil actions. Service in other cases Copyright 0 2014 by the Revisor of Statutes, State of Mirmesota. All Rights Reserved. 331A.02 MINNESOTA STATUTES 2014 4 shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after ajudgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21, 1985 c 174 si,' iSp1985 c 13 s 315; 1987c 30 si, 1987c 286s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991c205s17;1997c137s13;2001c38s1,2004c182s8-11,2009c152s5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish soliitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2014 331A.04 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political sub- division before or at the time of submission of the joint bid; and Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.04 MINNESOTA STATUTES 2014 6 (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 33 1A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 33 1A.01 to 33 1A. 11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. S. Notice regarding published summaries. If apolitical subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15-19; 2008 c 154 art 10 4 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2014 331A.08 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for pub- lication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd, 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. S. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, Copyright 0 2014 by the Revisor of Statutes, State of Minneota. All Rights Reserved. 331A.08 MINNESOTA STATUTES 2014 the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27, 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for pub- lication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.1 I apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 33 IA. 11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30, 2004 c 182 s 26,27 331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 33 1A.0l apply to this section. (b) 'Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2014 331A.12 Subd. 2. Designation. At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the political subdivision's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the Web site, notice that the political subdivision will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A political subdivision that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A political subdivision that publishes notice on its Web site under this section must ensure that a permanent record of publication is maiiitained in a form accessible by the public. History: 1Sp2003 c 19 art 2 s 56; 2014 c 287 s 22 . Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No 6d [EIIIJSJ fl II 3k'4 UYA IDk"4 (I) t1'II I1flkA I DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director (¼,f. SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2015 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 11 8A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 11 8A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 11 8A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Budget Issues: There is no direct financial impact on the City. Strategic Priorities: o Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Wells Fargo Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Northland Securities Oppenheimer & Co., Inc UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. 3.That Signapay of MN, LLC is hereby designated as the clearinghouse for credit card transactions for City Hall, BC Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4.That Active Network is hereby designated as the clearinghouse depository for credit card transactions for the Community Activities, Recreation & Services Department. 5.Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 6.That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 12, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ,t"oJM DATE: January 6, 2015 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member The Brooklyn Bridge Alliance for Youth, Alternate Member The Brooklyn Bridge Alliance for Youth, Police The Brooklyn Bridge Alliance for Youth, Parks and Recreation Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director North Metro Mayors Association, Director - City Manager North Metro Mayors Association, Director Northwest Hennepin Human Services Council, Director Northwest Hennepin Human Services Council, Alternate Director Northwest Suburbs Cable Communications Commission, Council Northwest Suburbs Cable Communications Commission, Resident Pets Under Police Security, Director Pets Under Police Security, Alternate Director Project PEACE, Director Project PEACE, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Minneapolis Northwest Convention & Visitors Bureau Tim Willson Dan Ryan Kevin Benner Jim Glasoe Curt Boganey Jim Glasoe Curt Boganey Patty Hartwig Curt Boganey Tim Willson Curt Boganey Vickie Schleuning Tim Willson Rex Newman Kevin Benner Tony Gruenig Kevin Benner Curt Boganey Kevin Benner Tony Gruenig Tim Willson RESOLUTION NO. January 12, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk- DATE: January 6, 2015 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three 3) officials drawn from the Municipality. The three (3 Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2015: Elected Municipal Official Elected or Appointed Municipal Official Fire Chief Tim Willson Nathan Reinhardt Lee Gatlin January 12, 2015 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 Coinll Agenda Item No. 6g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J)ftW_ j4&_ DATE: January 6, 2015 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February March March 25 April 14 May May May 17 (Syttende Mai) June 6 September 15-October 15 October October 6 November African American History Month Irish-American Heritage Month Greek Independence Day Pan American Day Asian/Pacific American Heritage Month Jewish American Heritage Month Norwegian Constitution Day Swedish National Day Hispanic Heritage Month Italian American Heritage Month German-American Day American Indian Heritage Month RESOLUTION NO. January 12, 2015 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. Cty Council Agenda Item No. 6h ISISLIJhXSJ ii VMA.L I tI)t1hI IilJkl DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution granting the City Manager, Finance Director and Assistant Finance Director the authority to transact financial business matters for the City of Brooldyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers to transact financial business involving treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager, the Finance Director, who serves as the City Treasurer, and the Assistant Finance Director, who serves as the Deputy City Treasurer, as the officers authorized to transact such business. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager, Nathan Reinhardt, Finance Director and Adam Flaherty, Assistant Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 12, 2015 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 Cmiricil Agenda Item No. 6i [SIifl(J IUNk4UI [IJW%IIiBWi DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2015 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2015 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. If this resolution is adopted, the Public Hearing will be scheduled for February 9, 2015. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum the final funding amount for 2014 had not been determined. Hennepin County has directed cities to use 2014 CDBG allocation amounts for consideration for 2015 until the final amount is determined. Therefore, the City of Brooklyn Center should use $243,462 as its preliminary estimate for its 2015 CDBG allocation. The City's 2014 CDBG program funded the following five projects, which all met the requirement for benefiting low and/or very low income persons: 1.Rehabilitation of Private Propy. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. The 2014 allocation was $57,575. 2.Household Outside Maintenance for the Elderly (H.O.M.E.) program. This activity has been part of the CDBG program for 16 years. The H.O.M.E. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age Mission: Ensuring an attractive, clean, safe, inclusive coinniunity that enhances the quality of fife for all people and preserves the public (rust IEIi,J[SJSU ii and older. This program has also assisted with clean-up of garbage houses in the City. The 2014 allocation was $12,500. 3.Community Emergency Assistance Program, Inc. (CEAP) Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and some interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for eleven years. The 2014 allocation was $12,500. 4.Neighborhood Revitalization Code Enforcement Activity This item is for code enforcement activities supporting the goal of arresting the physical decline of certain income qualified areas of the city and focusing on vacant, foreclosed and deteriorated properties. The 2014 allocation was $150,000. 5.HOME Line Tenant Advocacy Services This activity focuses on three programs: a tenant hotline that provides free legal advice to tenants about landlord/tenant laws, a high school educational program, and an immigrant outreach program that provides services to new immigrants. The 2014 allocation was $7,387. 6.Avenues for Homeless Youth This activity provides transitional housing programs with support services serving homeless youth in the northwest suburbs. The 2014 allocation was $3,500. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited of up to 15 percent cap on public service projects. Based on the estimated allocation for 2015, continued funding of these programs at the 2014 allocation level of $243,462 would mean that the maximum dollar amount allocated to public service activities may not exceed $36,519. Please note that this number will likely change when the 2015 allocation is determined. In addition, the City is not required to allocate any funding to public service projects. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2015 CDBG program is included with this memorandum. The required Public Hearing Notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative at $150,000 and the remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 9, 2015 as the Public Hearing date for the City's 2014 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2015 CDBG program be submitted to Hennepin County by February 26, 2015. The Public Hearing Notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on February 9, 2015, or at any time within the 2014 CDBG Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qzia!i14' of l?fe for all people and preserves the public trust EIIuI(ifl1UIk'AIU [I)t1fthuJJ program year upon conducting a Public Hearing to amend the City's CDBG program. The process to solicit requests for CDBG funding begins in January. Additional background information regarding 2015 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 9, 2015 Public Hearing. Budget Issues:Since the Federal fiscal year for CDBG operations from July 2015 to December 2016, the 2015 CDBG program is reflected in the 2015 Annual City Budget. For accounting and use purposes, the City encourages CDBG recipients to use the funds within the calendar year. The programming of the 2015 CDBG funds for neighborhood revitalization code enforcement is consistent with the City's 2015 approved budget. Strategic Priorities: • Financial Stability • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for a!! people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2015 Urban Hennepin County CDBG Program is $246,462; and WHEREAS, a Public Hearing regarding the proposed use of 2015 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2015 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 9, 2015, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2015 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 9, 2015. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a Public Hearing on February 9, 2015, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is about the housing and community development needs and the City's proposed use of the estimated 2015 Urban Hennepin County Community Development Block Grant Program planning allocation of $243,462. The Public Hearing is being held pursuant to MS 471.59. The City of Brooklyn Center is proposing to undertake the following activities with 2015 Urban Hennepin County CDBG funds starting on or about July 1, 2015, based on appropriations in 2014. Activity Budget Rehab of Private Property $57,575 H.O.M.E.$12,500 C.E.A.P.$12,500 Neighborhood Revitalization $150,000 HOMELine $7,387 Avenues for Homeless Youth $3,500 For additional information about the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing Department at 612-348-9260. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. City Council Agenda hem No 6 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Ordinance Amending City Code Chapter 35— Zoning of the City Code of Ordinances Regarding the Regulation of Outdoor Storage and Outdoor Display Areas in the Industrial Districts Recommendation: It is recommended the City Council consider and approve the First Reading of the attached Ordinance, and schedule the Second Reading and Public Hearing for February 9, 2015. Background: At the November 13, 2014 Planning Commission meeting, staff presented a comparative matrix and supporting materials/text from 19 surrounding metropolitan communities regarding outdoor storage areas in industrial districts. The Commission was supportive of a proposed amendment, and directed city staff to present these initial findings and recommendations to the City Council. At the November 24, 2014 City Council Work Session, planning staff provided a brief presentation and offered for additional review the initial findings and recommendations made by the Planning Commission. The Council also supported allowing outdoor storage in the I-i District, directed planning staff to prepare a new ordinance for the Planning Commission to formally review, and provide a recommendation for City Council consideration. At the December 18, 2014 Planning Commission meeting, the Commission was presented with the proposed ordinance language and asked to conduct a public information hearing regarding these changes. Staff also sent notices to all registered property owners within the Industrial Park district. One owner attended the hearing indicating his support of the ordinance, while another called staff and verbally indicated his support (reflected in the Dec. 18t1 PC Minutes). Upon close of the hearing and final discussions, the Commission accepted the proposed language amendments, and have provided City Council with a unanimous recommendation to approve the proposed language contained in the attached ordinance. The minutes from this December 181h Planning Commission meeting are attached for review. The City Attorney has also reviewed this Ordinance, and approved its initial form, context and language. 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 9th day of February, 2015, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Regulation of Outdoor Storage and Outdoor Sales Display Areas in the Industrial Districts. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. _______________ AN ORDINANCE AMENDING CHAPTER 35 – ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF OUTDOOR STORAGE AND OUTDOOR SALES DISPLAY AREAS IN THE INDUSTRIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35-330, paragraph 3 of the Brooklyn Center City Code is hereby amended by adding new subparagraph i as follows: Section 35-330. I-1 INDUSTRIAL PARK. 3. Special Uses i. Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use subject to the following standards: 1. The items in the area designated on the site plan for outdoor storage or sales display area shall be effectively screened from view from adjacent public rights-of-way or adjacent properties by a solid wall or fence constructed of wood, masonry or other durable materials, or a combination of fence, berm and landscaping approved by the City Council. 2. Allowable areas used for outdoor storage or display areas on an individual site shall not exceed fifteen percent (15%) of the gross floor area of the principal building. 3. Outdoor storage or sales display area shall not be located within any front yard or corner side yard abutting a public right-of-way, or within the buffer setback areas as defined under Section 35-413, RESOLUTION NO. _______________ Subsection 1. a, b, c, and d. 4. Height of stacked or stored materials or equipment in the storage area shall not exceed the height of the screening fence or height levels approved by the City Council. 5. Outdoor areas shall not be used for the storage of junk or inoperable vehicles, trash, debris, or any nuisance items as defined in the City Code. 6. The storage of hazardous liquids, solids, gases or wastes is strictly prohibited, unless authorized by the city’s Building Official and Fire Chief, and approved by the City Council. 7. The outdoor storage area shall not be within or interfere with designated parking or drive aisles areas required by City Code Section 35-700 Off-Street Parking Requirements. 8. Any new or additional lighting installed to illuminate the storage area must be down-cast, cut-off style light fixtures, with a photometric plan approved by the City Council. 9. The storage area shall consist of a concrete or bituminous surface. The property owner or responsible tenant shall keep the outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. 10. Any storage or placement of materials outside of the designated area shall be a violation of the City Code. 11. A detailed site plan specifically delineating the storage area, including the landscaping and lighting plans for said areas, must be approved by the City Council. Section 2. Section 35-413, paragraph 9, of the Brooklyn Center City Code is hereby amended as follows: Section 35-413. SPECIAL REQUIREMENTS IN I-1 AND I-2 DISTRICTS. 9. Outdoor Storage and Activity Outdoor Sales Display Areas In the industrial park district (I-1) I-1 Industrial Park District all production, storage, servicing, or merchandising, except off-street parking and off-street loading shall be conducted within completely enclosed buildings, except outdoor storage areas or outdoor sales display areas allowed by special use permit in the I- 1 District must comply with the provisions of Section 35-330, Subsection 3.i. RESOLUTION NO. _______________ In the I-2 General Industry District, outdoor storage is subject to the provisions of Section 35-331, Subsection 1.f. Semi-trailers, commercial shipping containers, or commercial moving and storage containers, may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc., except within an approved outdoor storage area. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ________ day of _______________ 2015. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) D*R*A*F*T MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA DECEMBER 18, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:00 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Benjamin Freedman, Stephen Schonning, Carlos Morgan and Rochelle Sweeney were present. Commissioners Randy Christensen and Katy Harstad were absent (and excused). Also present was Director of Business & Development Gary Eitel; and Secretary to the Planning Commission/City Planner Tim Benetti. CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPROVAL OF MINUTES —NOVEMBER 13, 2014 MEETING There was a motion by Commissioner Morgan, seconded by Commissioner Sweeney to approve the minutes of the November 13, 2014 meeting as submitted. The motion passed unanimously. PUBLIC INFORMATION HEARING - RECOMMENDATION OF A PROPOSED CITY CODE TEXT AMENDMENT TO CHAPTER 35 - ZONING, SECTION 35-330 I-i INDUSTRIAL PARK DISTRICT, TO ADDRESS ALLOWANCES FOR OUTDOOR STORAGE AREAS AND OUTDOOR SALES DISPLAY AREAS IN THE I-i INDUSTRIAL PARK DISTRICT. Chairman Burfeind opened the agenda item for review by requesting a report from city planning staff. Secretary to the Commission/City Planner Benetti stated this item was initially introduced to the Planning Commission at the October 16, 2014 meeting, whereby the Commission directed city planning staff to research other city ordinances and regulations regarding outdoor storage areas, and provide an update at a future meeting. At the November 13, 2014 Planning Commission meeting, planning staff presented a comparative matrix, along with supporting materials and text language from 19 .surrounding metropolitan communities, addressing outdoor storage or display areas in these cities. The overall consensus of the commission was to support a proposed amendment, and directed city staff to present the initial findings and recommendations to the City Council. PC Minutes -12-1844 Page 1 of 8 D*R*AF*T At the November 24, 2014 City Council Work Session, planning staff made a brief presentation and offered for additional review the discussion and recommendations noted in the November 13, 2014 Planning Commission meeting minutes. Benetti reported that the Council was also supportive to allowing outdoor storage in the I-i District, and directed planning staff to prepare a new ordinance with said changes; present them officially to the Planning Commission for your formal review, and forward a recommendation back to the City Council for official consideration. Benetti then presented the new text amendments as prepared by city planning staff. Staff supports the initial recommendations of the Planning Commission and City Council to authorize outdoor storage under the special use permit process, which is noted in the draft language document continued in their PC packet. Benetti started by presenting the first part of the text amendment under Section 35-330. I-i INDUSTRIAL PARK; Permitted Uses, Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include without being restricted to the following: 3,) Storage of raw materials, work in process and inventory, provided such storage is within completely enclosed buildings. Outdoor storage areas and/or outdoor sales display areas may be allowed subject to the provisions of Section 35-330, Subsection 3. i. Benetti stated for the Commissioners and audience members that all new text is noted in double- underlined and red text (on the draft language handouts and the PowerPoint screen presentations). Benetti asked for any questions or comments and there were none at this time. Benetti then presented the next text amendment, which included a whole new "Subparagraph i." to Section 35-330 Industrial Park; 3. Special Uses. This new subpart included the following proposed language: Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use subject to the following standards: The items in the area designated for outdoor storaae or sales display area shall be effectively screened from view from adjacent public rights-of-way or adjacent properties by a solid wall or fence constructed of wood, masonry or other durable materials, or a combination of fence, berm and landscaping approved by the City Council. 2.Allowable areas used for outdoor storage or display areas on an individual site shall not exceed fifteen percent (15%) of the gross floor area of the principal building. 3.Outdoor storane or sales disnlay area shall not be located within any front yard or corner side yard abutting a public right-of-way, or within the buffer setback areas as defined under Section 35-413, Subsection PC Minutes -12-18-14 Page 2 of 8 D*R*A*F*T and d. 4.Height of stacked or stored materials or equipment in the storage area shall not exceed the height of the screening fence or height levels approved by the City Council. 5.Outdoor areas shall not be used for the storage of junk or inoperable vehicles, trash, debris, or other nuisance items as defined in the City Code. 6.The storage of hazardous liquids, solids, gases or wastes is strictly prohibited. unless authorized by the city's Building Official and Fire Chief. and approved by the City Council. 7.The outdoor storage area shall not reduce the amount of parking required for the site, as provided for in City Code Section 35-700 Off-Street Parking Requirements. 8.Any new or additional lighting installed to illuminate the storage ara must be down-cast, cut-off style light fixtures, with a photometric plan approved by the City Council. 9.The storage area shall consist of a concrete or bituminous surface. The property owner or responsible tenant shall keep the outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. 10.Any storage or placement of materials outside of the designated area shall be a violation of the City Code. 11.A detailed site plan, including landscaping and lighting plans. must be approved by the City Council. Benetti then explained the next set of language amendment under Section 35-413. SPECIAL REQUIREMENTS IN I-i AND 1-2 DISTRICTS, which includes amendments to Subparagraph No. 9, noted as follows: No. 9 Outdoor Storage and Activity Outdoor Sales Display Areas. In the industrial park district (I 1)1-1 Industrial Park District all production, storage, servicing, or merchandising, except off-street parking and off-street loading shall be conducted within completely enclosed buildings, except outdoor storage ,areas or outdoor sales display areas allowed by special use permit in the I- 1 District must comply with the provisions of Section 35-330, Subsection 31 In the 1-2 General Industry District, any storage of materials, equipment, and products outside an enclosed building and which is considered accessory and PC Minutes -12-18-14 Page 3 of 8 D*R*A*F*T necessary to a principal or permitted use, is allowed subject to the provisions of Section 35-331. Subsection 11 Semi-trailers, commercial shipping containers, or commercial moving and storage containers, may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc., except within an approved outdoor storage area. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building • or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. Benetti concluded his report and presentation stating that an official notice of this informational meeting was published in the Brooklyn Center Sun Post, and individual notices were mailed to all registered property owners within the Industrial Park area. Benetti requested the Planning Commission discuss the proposed amendments with city staff and the Commissioners; make a motion to open the Public Information 1-Tearing; take public comments; close the hearing; and make a motion on a preferred action or direction of this item to the City Council. Benetti stated he would take questions at this time or wait until after the public comments. Chairman Burfeind thanked Benetti, and asked if the Commissioners had questions or comments for city staff related to this item. Commissioner Morgan stated this outdoor storage in the industrial areas appears to be something the city needs, and recognized city staff for putting a lot of research and work in presenting this to the Commission, and felt this information is agreeable to him and supports the changes being proposed. Commissioner Freedman questioned the screening regulations for these outdoor areas, and why the city council has the authority to approve such screening. Benetti stated screening is an important tool or standard to make sure that any areas or materials stored in these outside areas do not impact or negatively affect neighboring properties. Staff stated that in our research, most cities have an "opaque" screen standard, which staff supports and has included in this draft language. Benetti further indicated that City Council's initial comments on this issue was no chain-linked style fences with plastic inserted slats for screening would be acceptable, nor would any razor or concertina wire on top of any fence enclosures. Benetti further stated that keeping the approval of all outdoor storage areas and screening methods in the hands of the City Council leaves more discretion and decision-making with the city, especially under the special use permit process. Benetti also reminded the Commissioners PC Minutes -12-18-14 Page 4 of 8 D*R*A*F*T that as part of the special use. permit application regarding any outdoor storage area; the Commission will review the matter first, and provide recommendations and conditions to the city council for final considerations. Commissioner Morgan asked about the height limitations of stacking materials in these outdoor storage areas, and why we felt it was so important to limit heights in these areas. Benetti stated it is very important to limit the heights of materials or equipment stored in these areas, to be sure they do not become too unsightly, cluttered, or not an effective means of screening materials. These areas: are meant to serve a limited purpose;- that is an area to screen materials or products for a permitted use, and screen said materials from neighboring properties and roadways. Applicants or owners who wish to install an outdoor storage or display area will need to demonstrate (through site plan) Of what type of material they plan to store and at what heights. Again, this leaves a lot of discretion and powers to grant conditions under the special use permit process. Benetti also informed the Planning Commission that prior to tonight's meeting, Commissioner Christensen (who was absent from this meeting) called staff and asked about the "outdoor. storage areas shall not exceed 15% of the gross floor area of the principal building", and the significance of this on the industrial park. Benetti stated this limits industrial park sites from becoming over-crowded or over-developed with outdoor areas, and the 15% threshold seemed to be a sound figure considering the sizes of the industrial park uses in the city. Benetti further commented that if a potential user (or tenant of an multi-tenant building) of an industrial site applied for a special use permit, and takes up or requests the entire 15% amount allotted to each site, then all other uses would be shut-out form asking for similar or their own storage areas. It will be incumbent upon the property owner to make sure that all other uses have the opportunity to have outdoor storage; not the city. Chair Burfeind echoed his support of the Commissioners and felt this ordinance amendment. is greatly needed in the city and in this important industrial sector of the city, and supports the information and standards as presented by city staff. Chair Burfeind then asked for a motion to open the public information hearing to the audience. Motion was made by Commissioner Freedman to open the public hearing, which was seconded by Commissioner Schonning. Motion passed unanimously. Ms. 'Kathy Schlosser,. 5301 Penn Avenuô North approached the public podium, and had questions related to open, vacant lands throughout the city, why the city was buying up so much properties and not doing anything with them, and general appearance and cleanliness of some commercial properties. Benetti stated this public information hearing is related to Agenda Item No. 6, which is on outdoor storage and display areas in the Industrial Park districts; and unless Ms. Schlosser has any specific or direct questions related to this item, to please hold all comments or questions PC Minutes -12-18-14 Page 5 of 9 D*R*A*F*T city. He indicated that he had no comments or questions at this time, but supported the ordinance nevertheless. Secretary/Planner Benetti also stated to the Commission that Mr. Neil Brastad, property owner of 6540 Shingle Creek Parkway, had called him on 12/05/14, and upon full explanation of the proposed ordinance amendment, had no questions or concerns, and supported the efforts by the city in allowing this outdoor storage activity in this I-i area. Mr. Brastad requested his statements of support be made part of the official record; which were accepted into the record by Chair Burfeind. Seeing no other persons in the audience, and no other comments from the public, Chair Burfeind requested a motion to close the hearing. Motion was made by Commissioner Freedman to close the public hearing, which was seconded by Commissioner Schonning. Motion passed unanimously. Chari Burfeind asked if there were any other comments from the Commissioners to city staff or the commission itself. Seeing and hearing none, the Chair asked for a motion on the recommendation to the City Council. Motion was made by Commissioner Freedman to recommend to the City Council approval of the proposed Text Amendment to City Code Chapter 35 - Zoning, Section 35-330, which address allowances for Outdoor Storage Areas and Outdoor Sales Display Areas in the I-i Industrial Park District; which was seconded by Commissioner Schonning. The Motion passed unanimously. Benetti stated this item is scheduled to be presented to the City Council at the January 12, 2015 regular meeting for First Reading, whereby the City Council may call for the Second Reading and additional Public Hearing date on February 9, 2015. DISCUSSION ITEMS Chair Burfeind made a brief announcement of Mayor Tim Willson's reappointment of Randy Christensen, Ben Freedman, and Stephen Schonning to another 4 year term as Planning Commissioners, and announced with regret Katy Harstad's decision not to be re-appointed. Secretary/Planner Benetti announced that the City Clerk will re-post and advertise the open position on the Commission, and hopes to have the spot filled as quickly as possible. OTHER BUSINESS Benetti asked the Planning Commission Chair if they wish to allow Ms. Schlosser to address the Planning Commission to continue her previous comments made earlier; and Chair Burfeind invited Ms. Schlosser back to the podium. Ms. Kathy Schlosser, 5301 Penn Avenue North approached the public podium again, and began her questions by wanting to know who on the Commission or in the room were paid, official city employees. PC Minutes -12-18-14 Page 6 of 8 D*R*A*F*T Director of Business and Development Eitel and Secretary/Planner Benetti confirmed for Ms. Schlosser that both were paid, full-time employees of the city, while the Commissioners seated were volunteer citizens of the City of Brooklyn Center. Ms. Schlosser then began her questioning again related to all of the open, vacant lands throughout the city, why the city was buying up so many properties and not doing anything with them, and general appearance and cleanliness of some commercial properties. Ms. Schlosser questioned why the city was continuing to buy up so much land and nothing of great value was being developed. Ms. Schlosser also questioned the number of empty store-fronts in the new shopping center (Shingle Creek Crossing), and the overall unkempt nature of the site, with litter, blowing trash and off-site shopping carts, and made a number of general and unfavorable comments directed towards the Wal-Mart property and store. Chair Burfeind requested city staff to respond. Dir. Eitel stated that the City is not the developer of the new Shingle Creek Crossing development, but is active in helping and guiding the developers to ensure the success and completion of this redevelopment site. Mr. Eitel also stated the City has purchased the old Brookdale Ford site to the north, and recently completed the acquisition of the entire Brookdale Square Mall, including the old Circuit City/Pep Boys, Ocean's Buffet, Brookdale 8 Theater, and Miracle Empowerment Center. The City is actively working with a development firm in seeking a new large-scale multi-family, market rate housing development on this site, along with some smaller office retail spaces and possibly detached townhomes for alternative living choices. Mr. Eitel also commented that a number or "vacant lots" that have appeared throughout the city may be a result of the city buying up foreclosed and dilapidated homes, which the City has removed and offered to developers or home-builders to rebuild, which is currently happening on four lots scattered throughout the city. Chair Burfeind also expressed his empathy for Ms. Schlosser on real estate values and the lack of progress on some areas of the city, but stated that the reduced real estate value factors is not limited to just Brooklyn Center, but the region or national markets as well, and is confident that things will be changing for the better. Chair Burfeind continued by adding that although all the shops or commercial sites at Shingle Creek Crossing are not filled yet, everyone must understand that development takes time and does not happen over-night. Burfeind stated he is pleased with the direction of the city at this time; and supports city staff and their continued efforts in bringing high quality and beneficial development to the City of Brooklyn Center. Ms. Schlosser added other comments and thanked the Planning Commission for taking time to listen and consider her comments. Chairman Burfeind concluded by thanking Ms. Schlosser on behalf of the Commission, and added a special thanks to all the Commissioners for the dedicated service and their decision to PC Minutes -12-18-14 Page 7 of 8 D*R*A*F*T volunteer their precious time in serving the Commission and the city in general. This sentiment was acknowledged and voiced by all Commissioners present. With no further business, the Chair asked for a motion to adjourn the meeting. ADJOURNMENT There was a motion by Commissioner Morgan, seconded by Commissioner Sweeney to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:30 p.m. Chair Recorded and transcribed by: Tim Benetti, Secretary to the Planning Commission/City Planner PC Minutes -12-18-14 Page 8 of 8 City Council Agenda Item N0 6k pn^ v 01 1 01 DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Amendment to the Violent Offender Task Force Agreement Recommendation: It is my recommendation that the City Council consider the approval/adoption of the amendment to the Violent Offender Task Force Agreement. Background: In June of 2007, the Brooklyn Center Police Department partnered with the Hennepin County Sherriff's Department to form the Hennepin County Violent Offenders Task Force. The purpose of this collaboration has been to reduce violent crime. Current partners of this Task Force include the following agencies: Hennepin County Sheriff's Office, Drug Enforcement Administration, Hennepin County Attorney's Office, Golden Valley Police Department, Brooklyn Park Police Department, and Richfield Police Department. In July of 2014, the Brooklyn Center City Council approved the latest Task Force Agreement. Since that time it was determined that the Task Force does not have sufficient liability insurance coverage. This amendment allows for the acquisition of such liability coverage, which will be funded through the Task Force's forfeiture funds, Budget Issues: There are no budget issues to consider. Strategic Priorities: e Financial Stability Mission : Ensuring an ('tIi'actn'e, dccii, safe, i,icliisii'c community 111(11 eiiliciices the quality of fife ,for (Ill people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO AMEND THE HENNEPfN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT WHEREAS, the Brooklyn Center Police Department and the Hennepin County Sheriffs Department are operating under a cooperative agreement for the Hennepin County Violent Offenders Task Force; and WHEREAS, it was determined that the Task Force does not have sufficient liability coverage; and WHEREAS, this amendment allows for the acquisition of such liability coverage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the agreement with the Hennepin County Violent Offenders Task Force. January 12, 2015 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. AMENDMENT NO. 1 TO AGREEMENT NO. A141147 The HENNEPIN COUNTY VIOLENT. OFFENDER TASK FORCE 2014 CO-OPERATIVE AGREEMENT, executed by Hennepin County, on behalf of the Hennepin County Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement Administration (may be referred to herein as the "parties"). IT IS HEREBY AGREED that Agreement No. A141147 between the herein-named parties is hereby amended in accordance with the provisions set forth below: 1.Section 6, Powers and Duties of the Task Force, of the original contract shall be amended by adding a new Section 6.15 which reads as follows: "6,15 Effective October 16, 2014, or as soon thereafter as is possible, the Task Force, by action of the Board, shall acquire and maintain liability coverage for the Task Force through an insurance policy with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under the standard LMCIT liability coverage forms. Alternatively, the Board may elect to obtain such liability coverage from a private commercial insurer, provided such commercial policy or policies contain coverages that are generally equivalent to, and as broad as, those provided under the standard LMCIT coverage forms. If coverage is obtained through a commercial insurer, such policies shall comply with the following requirements: o Each policy shall have a limit of at least $2 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than $1,500,000. • The CGL insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and contractually-assumed liability. Each Member, and each Member's officers, employees, and volunteers, shall be named as additional covered parties on each policy for all claims arising from Task Force activities or operations. The Board shall manage the policies acquired under this section, and any matters related thereto, in accordance with law and as needed to ensure sufficient insurance coverages remain in place. The cost for any such policies shall be paid solely from the forfeiture, seizures, fines and other proceeds generated by the Task Force as further described in Section 10." 2.Section 7, Liability, of the original contract shall be amended by adding a new Section 7.05 which reads as follows: "7.05 To the limit and extent that coverage is available by and through any policy of insurance obtained pursuant to Section 6.15 herein, the Task Force shall defend and indemnify its Members, the Task Force Board including but not limited to the Chair, the Directors, the Task Force Commander, peace officers performing 1 452472v4 TJO BR291-20 hereunder and any Member personnel, including but not limited the Member's officers, employees and volunteers, for any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from Task Force activities or operations and/or decisions of the Task Force Board. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, as a waiver of any immunities or defenses available to the Task Force or any of the Members under law, or as any of the Members accepting liability for the acts or omissions of any of the other Members under Minnesota Statutes, section 471.59, subdivision la. To the fullest extent permitted by law, this agreement and the activities carried out hereunder shall be construed as a "cooperative activity" and it is the intent of the Board and the Members that they shall be deemed a "single governmental unit" for the purposes of determining total liability as set forth in Minnesota Statutes, section 471.59, subdivision la." 3. Section 7, Liability, of the original contract shall be amended by adding a new Section 7.07 which reads as follows: "7.07 Except as set forth in Section 6.15 and 7.05, Sections 7.1 through 7.4 shall remain applicable. For clarification and not limitation, Sections 7.1 through 7.4 shall apply in the event (i) any claim is based on an event that pre-dates the coverage offered by the policy of insurance; (ii) based on the nature or circumstances of the claim, the Task Force's policy of insurance does not cover a claim; (iii) the insurer denies a claim for any reason; (iv) a claim exceeds the limits of said policy of insurance; or (v) any other situation or instance not specifically addressed by Section 6.15 and/or 7.05. If there is a conflict between the provisions of Section 6.15 or 7.05 and any provisions of Sections 7.1-7.4, the provisions set forth in Section Sections 6.15 and/or 7.05 shall prevail." Except as hereinabove amended, the terms, conditions and provisions of A141147 shall remain in full force and effect. This Amendment No. 1 to Agreement No. A141147 shall be effective upon approval by the authorized Hennepin County Officials. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, caused this Amendment to be executed. (signatures continued on the following page) 452472v4 TJG BR29 1-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Crrv OF BROOKLYN PARK The Brooklyn Park City • Council duly approved this Agreement on the day of 2014. City of Brooklyn Park By: Its Mayor And by: Its City Manager Approved as to form and legality: Brooklyn Park City Attorney (signatures continued on the following page) 3 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the day of 2014. City of Brooklyn Center By: Its Mayor And by: Its City Manager Approved as to form and legality: Brooklyn Center City Attorney (signatures continued on the following page) 4 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the day of 2014. City of Richfield By: Its Mayor And by: Its City Manager Approved as to form and legality: Richfield City Attorney (signatures continued on the following page) 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the day of 2014. City of Golden Valley By: Its Mayor And by: Its City Manager Approved as to form and legality: Golden Valley City Attorney (signatures continued on the following page) 6 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION The Drug Enforcement Administration duly approved this Agreement on the day of 2014 Drug Enforcement Administration By: Its Director Approved as to form and legality: DOJ Attorney (signatures continued on the following page) 7 452472v4 TJG BR291-20 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriffs Office and the Hennepin County Attorney's Office on the day of 2014 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. County of Hennepin State of Minnesota Reviewed by County Attorney's Office: Chair of its County Board Assistant County Attorney And: Assistant/Deputy/County Commissioner And: Hennepin County Sheriff Attest: Deputy/Clerk of County Board 452472v4 TJO BR291-20 City Council Agenda Item No. 61 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 1kJ't 4iM DATE: January 7, 2015 SUBJECT: Applications and Permits for Temporary On-Sale Liquor Licenses Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for Social Events to be Held February 14, and March 14, 2015 Recommendation:It is recommended that the City Council consider approval of the applications and permits for temporary on-sale liquor licenses submitted by St. Aiphonsus Church, 7025 Halifax Avenue North, for social events to be held February 14, and March 14, 2015. Background:St. Alphonsus Church, 7025 Halifax Avenue North, has submitted two applications and permits for temporary on-sale liquor licenses for social events to be held February 14, and March 14, 2015. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may' be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust Name of orcanization Church of St. Alphonsus Date organized Tax exempt number [8/1959 ES 32045 (MN) City State Zip Code Brooklyn Center [Minnesota 1155429 I Business phone Home phoneI 763-503-3389 Type of organization E Club L Charitable Z Religious f Other non-profit City State Zip Brooklyn Center TMinnesota. I55429 Address17025 Halifax Ave N Name of rerson makinq application Michelle Karlson Date(s) of event102/14/2015 Organization officers name Fr. Peter Connolly, C.Ss.R. Location where permit will be used. If an outdoor area, describe. Parish Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual of Omaha APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT e..;-h1 ôc pob t j 0 Oeni'X City/County Date Approved City Fee Amount Permit Date Date Fee Paid City/County E-mail Address4".it 4A\( Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division Ca_^ a_llln^ 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651 -201 -7500 Fax 651 -297 -5259 TTY 651 -282 -6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Page 1 of 1 Alcohol & Gambling EnforcementL Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Church of St. Alphonsus 12/28/1959 1 IES 32045 (MN) Address City State Zip Code 7025 HalifaxAveN jBrooklyn Center [Minnesota 155429 Name of person making application Business phone Home phone IMichelle Karlson 1763-503-3389 I Date(s) of event Type of organization 1 03/14/2015 Club L Charitable R1 Religious D Other non-profit Organization officer's name City State Zip )(, ]Fr. Peter Connolly, C.Ss.R. Brooklyn Center IMinnesota 55429 Location where permit will be used. If an outdoor area, describe. Parish Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual of Omaha APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITtING TO ALCOHOL AND GAMBLING ENFORCEMENT Cfti o v<1yi f3-erC sj Ci1y/County Date Approved Qj City Fee Amount Permit Date Date Fee Paid City/County E-mail Address &'viv limlw Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Page 1 of 1 III City Council Agenda Item No. 6m Proposal Below are the proposed effective governance/teambuilding and strategic planning processes. Each is described separately, however understanding that the efforts relate to one another, the following activity will be undertaken as the first step: Project overview with City Manager Prior to initiating action, a project review meeting with the City Manager will be held to verify the desired outcomes, discuss any unique issues to be addressed and align expectations. This meeting will also be used to determine project schedules, and finalize communication issues. a. Meeting or phone conference with City Manager. I. Effective Governance: Roles, Responsibilities, Leadership- 3-4 hour session An interactive session with the City Council, City Manager and any others included in the leadership team will be conducted to familiarize the group with best practices in governance and Council-staff team effectiveness. Prior to the session, participants will complete a questionnaire, the results of which will be used to identify issues relevant to the City's governance process. Session topics covered will include: roles and responsibilities, leadership and teamwork, handling conflict, accountability and decision-making. a.Develop and administer questionnaire b.Summarize questionnaire results c.Prepare background materials. d.Facilitate session II. Strategic Planning The following describes the strategic planning process that will be used. An optional session to assist the staff with work related to plan implementation is also provided, should the City wish to include this as an activity. Session i- Examine the Environment- SWOT Analysis, Culture and Value Proposition, Identify Strategic Priorities, -4 hour meeting. The first session will be dedicated to examining the internal and external environment within which the City operates. A facilitated process using information generated by a SWOT questionnaire filled out in advance by the City Council, City Manager and senior staff will yield a set of 4-6 strategic priorities. A review of the organization's culture and value proposition will also occur- supported by the results of a brief questionnaire administered to the group. The culture and value proposition discussion will include a review of mission, vision and value concepts. a.Develop and distribute SWOT questionnaire b.Review and compile questionnaire results c.Facilitate session d.Summarize results- prepare agenda materials e. Incorporate results into follow-up session Session #2 - Establish Key Outcome Indicators: Identify Strategic Initiatives- 4-6 hour meeting The second session will be dedicated finalizing the work of the first session, and to development of Key Outcome Indicators, including the creation of outcomes, targets and measures. An initial list of strategic initiatives will be developed, which will reflect the specific projects to be undertaken. a.Prepare background materials b.Review previous session discussion/results c.Discuss plans/documents with City Manager d.Facilitate session e. Summarize results Optional Session - Develop Strategic Initiative Action Plans - hour meeting This session will be conducted with the management staff and will focus exclusively on finalizing the strategic initiatives and creating detailed action plans for each strategic priority, in line with the Key Outcome Indicators. Action plans need to be developed in sufficient detail to establish accountability and make the effort real. The session will include a review of the strategic planning process to provide guidance on the development of effective plans. a.Meetings with City Manager b.Prepare background materials c.Review previous session discussion/results d.Facilitate session, train group e. Summarize results Summary Report. A summary report, detailing the process, including the draft action plan developed, will be prepared and submitted to the City. a. Prepare summary report Proposed Fee The total fee for the proposed process is $7,250.00, which includes all costs. The fee for the Optional Session is $2,000.00. Approval: for the City of Brooklyn Center Date '^^ I V December 17, 2014 for Craig Rapp, LLC Date REFERENCES Below are selected references from recent engagements similar to the one proposed for Brooklyn Center; strategic planning was included in all cases and in some cases, a separate session regarding roles and responsibilities of the Council and staff was conducted. Recent strategic planning projects in Minnesota led by Craig Rapp: 1.City of Crystal, MN (also roles and responsibilities) 2.City of New Brighton, MN (also teambuilding, roles and responsibilities) 3.City of St. Louis Park, MN 4.City of Edina, MN 5.City of Wayzata, MN 6.City of Vadnais Heights, MN Contact: Anne Norris, City Manager, City of Crystal, anorris@ci.crystal.mn.us , (763) 531-1000 Dean Lotter, City Manager, City of New Brighton- Dean.Lp (651) 638-2041 Tom Harmening, City Manager, City of St. Louis Park, tharrnening(stlouispark.org , (952) 924-2526 Scott Neal, City Manager, City of Edina -1llft ari.cis, (952) 826-0401 Heidi Nelson, City Manager, City of Wayzata, hnelson(wavzata.org , (952) 404-5309 Kevin Watson, City Administrator, City of Vadnais Heights, Kevin.WatsonJcjyvadnaisheights.com (651) 204-6010 CONSULTANT CREDENTIALS Craig Rapp, President, Craig Rapp, LLC is a nationally recognized speaker, a former city manager, and the former Director of Consulting for the International City-County Management Association (ICMA). Mr. Rapp speaks and conducts workshops throughout the United States on a wide range of subjects such as: leading in difficult political environments, effective governance, service delivery optimization, and authentic leadership. Mr. Rapp's thirty-five years of experience as a senior executive in the public, private and non- profit sectors includes service as city manager in three Minnesota cities, senior director at the Metropolitan Council, and vice president of a national consulting firm. The focus of his work is leadership development, strategic planning and optimizing organizational performance. He has a master's degree in public administration, a bachelor's degree in urban studies, holds a Credentialed Manager designation from ICMA, and has completed the Senior Executive Institute at the University of Virginia. ri City Council Agenda Item No. 6n [$iIJ[SJI fl ;k!ASkYAS:* 0) 1WI IIJA!A1 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Minnesota Public Facilities Authority (PFA) Bond Purchase and Project Loan Agreement Recommendation: It is recommended that the City Council consider the resolution accepting the offer of the Minnesota Public Facilities Authority to purchase a $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015, providing for its issuance and authorizing execution of a bond purchase and project loan agreement for the note. Background: The Minnesota Public Facilities Authority (Authority) through the Drinking Water Revolving Loan fund will provide $19,662,352 to the City of Brooklyn Center (City) for the purpose of eligible project costs described as follows: construction of a new 10 million gallons per day water treatment plant, clearwell and backwash reservoir, ground storage reservoir and backwash reclaim tank all as detailed in the project certification dated July 19, 2014. The aggregate principal amount of the loan disbursed and outstanding will bear interest and serving fees collectively at the rate of 1.00% per annum accruing from and after the date of the Note. The final maturity date of the loan will be August 20, 2034. The City will submit a disbursement form and a copy of all invoices by the 15th of each month. The Authority will approve and process disbursement requests monthly on a cost reimbursement basis. As part of the agreement, the City may not enter into a management contract, lease or sell any or all property constituting all or part of the State Bond Finance Property without meeting the requirements of Article IV of the agreement which includes written consent of the Commissioner of Minnesota Management and Budget. Budget Issues: Annual debt service payments (principal and interest) will be approximately $1.14 million. The debt will be retired with water utility revenues. Strategic Priorities: o Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: JANUARY 12,2015 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was duly held at the City Hall on January 12, 2015, at 7:00 o'clock P.M., for the purpose in part of authorizing the issuance of a $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE OFFER OF THE MINNESOTA PUBLIC FACILITIES AUTHORITY TO PURCHASE A $19,662,352 TAXABLE GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2015, PROVIDING FOR ITS ISSUANCE AND AUTHORIZING EXECUTION OF A BOND PURCHASE AND PROJECT LOAN AGREEMENT FOR THE NOTE A.WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City"), has heretofore applied for a loan from the Minnesota Public Facilities Authority (the "PFA") to provide financing pursuant to Minnesota Statutes, Chapters 444 and 475, for the construction of a new 10 million gallons per day water treatment plant, clearwell and backwash reservoir, ground storage reservoir and backwash reclaim tank all as detailed in the project certification dated July 19, 2014 (the "Project"); and B.WHEREAS, the PFA is authorized pursuant to Minnesota Statutes, Chapter 446A, as amended, to issue its bonds (the "PFA Bonds") and to use the proceeds thereof, together with certain other funds, to provide loans and other assistance to municipalities to fund eligible costs of construction of publicly owned drinking water systems in accordance with the federal Safe Drinking Water Act; and C. WHEREAS, the City has applied for a loan from the PFA pursuant to such program and the PFA has committed to make a loan to the City in the principal amount of $19,662,352, to be disbursed and repaid in accordance with the terms of a Minnesota Public Facilities Authority Bond Purchase and Project Loan Agreement dated December 12, 2014 (the "Project Loan Agreement") executed by the PFA, a copy of which has been presented to the Council and is on file with the Clerk; and 455038v2 JSB BR291-351 D. WHEREAS, the City will covenant to take no action to impair the tax-exemption of the PFA Bonds; and B. WHEREAS, in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(4), the City is authorized to issue obligations to a board, department or agency of the State of Minnesota by negotiation and without advertisement for bids and the PFA is, and has represented that it is, a board, department or agency of the State of Minnesota; and F. WHEREAS, a contract or contracts for the Project have been made by the City with the approval of the PFA and all other state and federal agencies of which approval is required: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brooklyn Center, Hennepin County, Minnesota, as follows: 1.Acceptance of Offer: Payment: Forgivable Loan. The offer of the PFA to purchase a $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015 of the City (the "Note") at the rate of interest hereinafter set forth, and to pay therefor the sum of $19,662,352 as provided below, is hereby accepted, and the sale of the Note is hereby awarded to the PFA. Payment for the Note by the PFA shall be made in installments as eligible costs of the Project are reimbursed or paid, all as provided in the Project Loan Agreement. 2.Title: Date: Denomination: Interest Rates: Maturities. The Note shall be a fully registered negotiable obligation, shall be titled the "Taxable General Obligation Water Revenue Note, Series 2015", shall be dated as of the date of delivery and shall be issued forthwith. The Note shall be in the principal amount of $19,662,352, or so much thereof as shall be disbursed pursuant to the Project Loan Agreement dated December 12, 2014, shall bear interest on so much of the principal amount of the Note as may be disbursed and remains unpaid until the principal amount of the Note has been paid or has been provided for, at the rate of one percent (1.00%) per annum (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Note is payable semi-annually on February 20 and August 20, commencing August 20, 2015 interest starts accruing as of the date of the initial disbursement. Principal on the Note shall mature on August 20 of the years and in the installments as follows: Year Amount Year Amount 2015 $15,352 2025 $1,033,000 2016 944,000 2026 1,043,000 2017 954,000 2027 1,053,000 2018 963,000 2028 1,064,000 2019 973,000 2029 1,075,000 2020 982,000 2030 1,085,000 2021 992,000 2031 1,096,000 2022 1,002,000 2032 1,107,000 2023 1,012,000 2033 1,118,000 2024 1,022,000 2034 1,129,000 455038v2 JSB BR291-351 2 Interest shall accrue only on the aggregate principal amount of the Note which has been disbursed and is unpaid under the Project Loan Agreement. The principal installments shall be paid in the amounts scheduled above even if at the time of payment the full principal amount of the Note has not been disbursed; provided that if the full principal amount of the Note is never disbursed, the amount of the principal not disbursed shall be applied to reduce each unpaid principal installment in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be reamortized to provide similarly level annual installments of total debt service payments). Principal, interest and any premium due under the Note will be paid on each payment date by wire payment, or by check or draft mailed at least five business days prior to the payment date to the person in whose name the Note is registered, in any coin or currency of the United States which at the time of payment is legal tender for public and private debts. Interest on the Note includes amounts treated by the PFA as service fees. 3.Purpose Cost. The proceeds of the Note shall provide funds to finance construction of the Project. The total cost of the construction of the Project, including legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the Project before the collection of net revenues pledged and appropriated therefor, and all other costs necessarily incurred and to be incurred from the inception to the completion of the Project, is estimated to be at least equal to the amount of the Note. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4.Redemption. The Note shall be subject to redemption and prepayment, with the consent of the PFA, in whole or in part on such dates and at such prices and upon such other terms as are specified in the Project Loan Agreement, including, but not limited to, acceleration or payment of increased interest as provided in Section 6.2 of the Project Loan Agreement. 5.Registration of Note. At the time of issuance and delivery of the Note, the officer of the City performing the functions of the Treasurer (the "Finance Director") shall register the Note in the name of the payee in a note register which the Finance Director and the officer's successors in office shall maintain for the purpose of registering the ownership of the Note. The Note shall be prepared for execution with an appropriate text and spaces for notation of registration. The force and effect of such registration shall be as stated in the form of Note hereinafter set forth. Payment of principal installments and interest, whether upon redemption or otherwise, made with respect to the Note, may be made to the registered holder thereof or to the registered holder's legal representative, without presentation or surrender of the Note. 6.Form of Note. The Note, together with the Certificate of Registration attached thereto, shall be in substantially the following form: 455038v2 JSB BR291-351 3 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER $19,662,352 TAXABLE GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2015 The City of Brooklyn Center, Hennepin County, Minnesota (the "City"), certifies that it is indebted and for value received promises to pay to the Minnesota Public Facilities Authority or the registered assign, the principal sum of NINETEEN MILLION SIX HUNDRED SIXTY- TWO THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS, or so much thereof as may have been disbursed, on August 20 of the years and in the installments as follows: Year Amount Year Amount 2015 $15,352 2025 $1,033,000 2016 944,000 2026 1,043,000 2017 954,000 2027 1,053,000 2018 963,000 2028 1,064,000 2019 973,000 2029 1,075,000 2020 982,000 2030 1,085,000 2021 992,000 2031 1,096,000 2022 1,002,000 2032 1,107,000 2023 1,012,000 2033 1,118,000 2024 1,022,000 2034 1,129,000 and to pay interest on so much of the principal amount of the Note as may be disbursed and remains unpaid until the principal amount hereof is paid at the rate of one percent (1.00%) per annum (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Note is payable semiannually on each February 20 and August 20, commencing August 20, 2015. Interest starts accruing of the date of the initial disbursement. Principal and Interest Payments. Interest shall accrue only on the aggregate amount of this Note which has been disbursed under the Minnesota Public Facilities Authority Bond Purchase and Project Loan Agreement dated as of December 12, 2014, by and between the City and the Minnesota Public Facilities Authority (the "Project Loan Agreement"). The principal installments shall be paid in the amounts scheduled above even if at the time of payment the full principal amount of this Note has not been disbursed; provided that if the full principal amount of this Note is never disbursed, the amount of the principal not disbursed shall be applied to reduce each unpaid principal installment in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be reamortized to provide similarly level annual installments of total debt service payments). Interest on this Note includes amounts treated by the Minnesota Public Facilities Authority as service fees. Principal, interest and any premium due under this Note will be paid on each payment date by wire payment, or by check or draft mailed at least five business days prior to the payment date to the person in whose name this Note is registered, in any coin or currency of the 455038v2 JSB BR291-351 4 United States of America which at the time of payment is legal tender for public and private debts. Redemption. This Note is subject to redemption and prepayment with the consent of the Minnesota Public Facilities Authority, in whole or in part on such dates and at such prices and upon such other terms as are specified in the Project Loan Agreement, including, but not limited to, acceleration or payment of increased interest as provided in Section 6.2 of the Project Loan Agreement. Purpose: General Obligation. This Note has been issued pursuant to and in full conformity with the Constitution, laws of the State of Minnesota and charter of the City for the purpose of providing • money to finance the construction of a new 10 million gallons per day water treatment plant, clearwell andbackwash reservoir, ground storage reservoir and backwash reclaim tank all as detailed in the project certification dated July 19, 2014 and is payable out of the PFA Debt Service Account of the Water Fund of the City, to which account have been pledged net revenues of the Water System. This Note constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of said principal installments and interest when the same become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. Registration; Transfer. This Note shall be registered in the name of the payee on the books of the City by presenting this Note for registration to the City's Finance Director, who will endorse his or her name and note the date of registration opposite the name of the payee in the certificate of registration attached hereto. Thereafter this Note may be transferred to a bona fide purchaser only by delivery with an assignment duly executed by the registered owner or the registered owner's legal representative, and the City may treat the registered owner as the person exclusively entitled to exercise all the rights and powers of an owner until this Note is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is registered on said books and noted hereon by the City's Finance Director. Fees Upon Transfer or Loss. The Finance Director may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer of this Note and any legal or unusual costs regarding transfers and lost notes. Project Loan Agreement. The terms and conditions of the Project Loan Agreement are incorporated herein by reference and made a part hereof. The Project Loan Agreement may be attached to this Note, and shall be attached to this Note if the holder of this Note is any person other than the Minnesota Public Facilities Authority. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota and Charter of the City to be done, to happen and to be performed, precedent to and in the issuance of this Note, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the City has covenanted and agreed with the holder of this Note that it will impose and collect charges for the service, use and availability of and connection to the Water System at 455038v2 JSB BR291351 5 the times and in amounts necessary to produce net revenues adequate to pay all principal and interest when due on this Note; that the City will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property in the City, without limitation as to rate or amount, for the years and in amounts sufficient to pay the installments of principal and interest on this Note as they respectively become due, if the net revenues from the Water System and any other revenues irrevocably appropriated to said PFA Debt Service Account are insufficient therefor; and that this Note, together with all other debts of the City outstanding on the date hereof, being the date of its actual issuance and delivery, does not exceed any constitutional, statutory or charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council has caused this Note to be executed on its behalf by the signatures of its Mayor and of its Manager, and the corporate seal of the City having been intentionally omitted as permitted by law, all as of (4o not date) , 2015. CITY OF BROOKLYN CENTER, HENNEP1N COUNTY, MINNESOTA Mayor Manager 455038v2 JSB BR291-351 6 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Note may be made only by the registered owner or his, her or its legal representative last noted below. DATE OF REGISTRATION (do not date) SIGNATURE OF CITY REGISTERED OWNER FINANCE DIRECTOR Minnesota Public Facilities Authority Saint Paul, Minnesota Federal Employer Identification No. 41-6007162 455038v2 JSB BR291-351 7 7.Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be intentionally omitted as permitted by law. In the event of disability or resignation or other absence of either such officer, the Note may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 8.Delivery Application of Proceeds. The Note when so prepared and executed shall be delivered by the Finance Director to the purchaser thereof prior to disbursements pursuant to the Project Loan Agreement, and the purchaser shall not be obliged to see to the proper application thereof. 9. Fund and Accounts. There has heretofore been created a separate fund in the City treasury designated the Water Fund (the "Fund"). The Finance Director and all municipal officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the municipal water system (the "Water System") in accordance with this resolution. There shall be maintained in the Fund, in addition to any accounts heretofore created, the following accounts: (a)A "PFA Construction Account", to which shall be credited all draws received on the Note. The draws under the Note shall be the only source of moneys credited to the PFA Construction Account. It is recognized that the sale proceeds of the Note are received in reimbursement for costs expended on the Project or in direct payment of such costs, and that accordingly the moneys need not be placed in the PFA Construction Account upon receipt but may be applied immediately to reimburse the source from which the expenditure was made. The moneys in the PFA Construction Account shall be used solely for the purpose of paying for the cost of constructing the Project, including all costs enumerated in Minnesota Statutes, Section 475.65, provided that such moneys shall only be expended for costs and expenses which are permitted under the Project Loan Agreement. The PFA prohibits the use of proceeds of the Note to reimburse costs initially paid from proceeds of other obligations of the City unless otherwise specifically approved. Upon completion of the Project and the payment of the costs thereof, any surplus shall be transferred to the PFA Debt Service Account. (b)An "Operation and Maintenance Account", into which shall be paid all gross revenues and earnings derived from the operation of the Water System, including all charges for the service, use and availability of and connection to the Water System, when collected, and all moneys received from the sale of any facilities or equipment of the Water System or any by-products thereof. From this account there shall be paid all the normal, reasonable and current costs of operating and maintaining the Water System. Current expenses include the reasonable and necessary costs of operating, maintaining and insuring the Water System, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items which, by sound accounting practices, constitute normal, reasonable and current costs of operating and maintenance, 455038v2 JSB BR291-351 8 but excluding any allowance for depreciation, extraordinary repairs and payments into any debt service account. All moneys remaining in the Operation and Maintenance Account after paying or providing for the foregoing items constitute, and are refereed to in this resolution as, "net revenues". (c)A "PFA Debt Service Account", to which shall be irrevocably appropriated, pledged and credited: (1) net revenues of the Water System in an amount sufficient, with other moneys, to pay the principal of, and interest on, the Note when due; (2) any collection of taxes which may hereafter be levied in the event the net revenues of the Water System herein pledged for the payment of the Note are insufficient therefor; (3) all investment earnings on moneys held in the PFA Debt Service Account; (4) any amounts transferred from the PFA Construction Account; and (5) any other moneys which are properly available and are appropriated by the City Council to the PFA Debt Service Account. The moneys in said account shall be used only to pay or prepay the principal of, and interest on, the Note and any other general obligation bonds hereafter issued and made payable from said account, and to pay any rebate due to the United States with respect to the PFA Bonds in connection with the Note. (d)Excess net revenues may be used for any proper purpose. No portion of the proceeds of the Note shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Note was issued, and (2) in addition to the above in an amount not greater than the lesser of 5% of the proceeds of the Note or $100,000. To this effect, any proceeds of the Note or any sums from time to time held in the PFA Construction Account, Operation and Maintenance Account or PFA Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the Note) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, moneys in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Note to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). The City shall observe the covenants of paragraphs 17, 18 and 19 of this resolution and of Article III of the Project Loan Agreement with regard to the Fund. 10. Coverage Test; Pledge of Net Revenues; Excess Revenues. It is hereby found, determined and declared that the net revenues of the Water System pledged are sufficient in amount to pay when due 105% of the principal of and interest on the Note and any other outstanding obligations payable from net revenues of the Water System when due, and the net revenues of the Water System are hereby pledged to the payment of the Note, but solely to the extent required to meet, with other pledged sources, one hundred five percent of the principal 455038v2 JSB BR291351 9 and interest requirements of the Note as the same become due. Excess net revenues may be used for any proper purpose. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the Water System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that estimated net revenues of the Water System will be sufficient, in addition to all other sources, for the payment of the Note and such additional obligations, and any such pledge and appropriation of net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation herein. 11.Pledge to Produce Revenues. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the holder of the Note that it will impose and collect charges for the service, use and availability of and connection to the Water System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Note. 12.General Obligation Pledge. The full faith, credit and taxing powers of the City shall be, and are hereby, irrevocably pledged for the prompt and full payment of the principal and interest on the Note as the same respectively become due. If the net revenues of the Water System appropriated and pledged to the payment of principal and interest on the Note, together with other funds irrevocably appropriated to the PFA Debt Service Account shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount, an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as they become due. If the balance in the PFA Debt Service Account is ever insufficient to pay all principal and interest then due on the Note and any other obligations payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed, with or without interest, from the PFA Debt Service Account when a sufficient balance is available therein. 13.Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Hennepin County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Note has been entered in the County Auditor's Bond Register. 14.Project Loan Agreement. The Project Loan Agreement is hereby approved in substantially the form heretofore presented to the City Council, and in the form executed is hereby incorporated by reference and made a part of this resolution. Each and all of the provisions of this resolution relating to the Note are intended to be consistent with the provisions of the Project Loan Agreement, and to the extent that any provision in the Project Loan Agreement is in conflict with this resolution as it relates to the Note, that provision shall control and this resolution shall be deemed accordingly modified. The execution and delivery of the Project Loan Agreement by the Mayor and Manager are hereby authorized and ratified. The execution of the Project Loan Agreement by the appropriate officers shall be conclusive evidence of the approval of the Project Loan Agreement in accordance with the terms hereof. The Project Loan Agreement may be attached to the Note, and shall be attached to the Note if the holder of the Note is any person other than the PFA. 455038v2 JSB BR291-351 10 15.Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the PFA, and to the attorneys approving the legality of the issuance of the Note, certified copies of all proceedings and records of the City relating to the Note and to the financial condition and affairs of the City, and such other affidavits, certificates, and information as are required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 16.Negative Covenants as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Note or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangement for the cost of the Project, in such a manner as to cause the PFA Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that it will take no actions over the term of the Note that would cause the PFA Bonds to be private activity bonds, and the average term of the Note is not longer than reasonably necessary for its governmental purpose. 17.Tax-Exempt Status of the PFA Bonds: Rebate. The City shall comply with requirements necessary under the Code in order to not impair the exclusion from gross income under Section 103 of the Code of the interest on the PFA Bonds, including without limitation (a) requirements relating to temporary periods for investments of the Note proceeds and sinking fund proceeds, (b) limitations on Note proceeds and sinking fund proceeds invested at a yield greater than the yield on the PFA Bonds, and (c) the rebate of excess investment earnings on the Note proceeds to the United States. The City covenants and agrees with the PFA and holders of the Note that the investments of proceeds of the Note, including the investment of any revenues pledged to the Note which are considered gross proceeds of the PFA Bonds under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the PFA Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Code and any regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Note will be used in such manner as to cause the PFA Bonds to be arbitrage bonds under Section 148 of the Code and any regulations thereunder. The Mayor and Manager are authorized to furnish a certificate to the PFA based on the foregoing certification at the time of delivery of the Note to the PFA. The proceeds of the Note will not be used in such manner so that the PFA Bonds are private activity bonds under Section 103(b) of the Code. 18.Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 19. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 455038v2 JSB BR291-351 11 The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 455038v2 JSB BR291-351 12 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to the $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015. WITNESS my hand on this._____ day of 52015. Clerk 455038v2 JSB BR291-351 13 MINNESOTA PUBLIC FACILITIES AUTHORITY BOND PURCHASE AND PROJECT LOAN AGREEMENT DRINKING WATER REVOLVING FUND LOAN (TAXABLE Note from Borrower) MFPA-14-0073-R-FY15 THIS BOND PURCHASE AND PROJECT LOAN AGREEMENT (the "Agreement"), is made December 12, 2014 between the Minnesota Public Facilities Authority (the "Authority") and the City of Brooklyn Center (the "Borrower"). ARTICLE I - TERMS AND CONDITIONS Section 1.1. Terms. The Authority hereby commits, subject to the availability of funds and the conditions hereinafter set forth, and pursuant to Minnesota Statutes, Section 446A.081 as amended, and Minnesota Rules Chapter 7380, as amended to provide NINETEEN MILLION SIX HUNDRED SIXTY TWO THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($19,662,352) to the Borrower for the purpose of financing eligible project costs of the Drinking Water Revolving Fund project described as follows: construction of a new 10 million gallons per day water treatment plant, clearwell and backwash reservoir, ground storage reservoir and backwash reclaim tank all as detailed in the project certification dated July 19, 2014 (the "Project"). The Project is further described in the Borrower's application which is incorporated herein. The Project financing consists of a loan from the Drinking Water Revolving Fund in the amount of NINETEEN MILLION SIX HUNDRED SIXTY TWO THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($19,662,352) (the "Loan") which shall be evidenced by the Note described in Section 1.3 of this Agreement (the "Note"). The final maturity date of the Loan will be August 20, 2034. The aggregate principal amount of the Loan disbursed and outstanding will bear interest and servicing fees collectively at the rate of 1.000% per annum accruing from and after the date of the Note described in Section 1.3 through the date on which no principal of the Loan remains unpaid and all accrued interest and servicing fees thereon have been paid. Section 1.2. Authority Sources of Funds. The Borrower acknowledges that the Loan provided by the Authority may be funded with the proceeds of one or more series of the Authority's revenue bonds (the "Bonds"), federal capitalization grants, proceeds of state general obligation bonds or other funds of the Authority, or a combination thereof, and that the Authority may, at any time, pledge the Loan as security for its Bonds. The Authority in its sole discretion may allocate the Loan to one or more such sources of Rinds and may from time to time reallocate the Loan to one or more different sources of funds, including one or more different series of Bonds (whether or not such series of Bonds refunded the series of Bonds to which the Loan was originally allocated), or may sell the Loan if permitted by the documents relating to its Bonds. At the written request of the Borrower, the Authority will provide information with respect to the funding of the Loan, from time to time, in such detail as may be reasonably required for the purpose of assisting the Borrower in complying with any provision of Article III of this Agreement. Section 1.3. Securi ty . (a) The Borrower shall issue to the Authority its General Obligation Revenue Note (the "Note"), evidencing its obligation to repay the Loan. It is a condition of any disbursements SRF-Master Template.con Page 1 of 11 DWRF Brooklyn Center-01 (rev. 10/14) December 12, 2014 hereunder that the Borrower deliver to the Authority the executed Note, a certified copy of resolutions or other authority by the appropriate governing body or bodies as shall legally authorize the execution and performance of this Agreement and the Note, and such opinions, certificates and documents as requested by and in a form acceptable to the Authority. (b)The Borrower hereby represents and specifically agrees that the Note constitutes a general obligation debt of the Borrower and will be shown as such on its financial statements and be treated in all respects as a general obligation debt of the Borrower. For purposes of permitting sale of the Note to the Authority, the Authority represents that it is a "board, department or agency?! of the State of Minnesota within the meaning of Minnesota Statutes, Section 475.60, subdivision 2, clause (4), as amended. (c)The obligations of the Borrower under the Note evidence amounts payable under the Loan. Each payment made pursuant to the Note will be deemed to be a credit against the corresponding obligation of the Borrower under the Loan and any such payment will fulfill the Borrower's obligation to pay such amount hereunder. Section 1.4. Disbursements. (a) No funds will be disbursed by the Authority to the Borrower until the Borrower has delivered its Note to the Authority as set forth in Section 1.3. (b)All Borrower disbursement requests will be subject to Authority approval and will be disbursed on a cost reimbursement basis, consistent with the budget presented in the Borrower's application. The Authority may withhold or disallow all or part of the amount requested if the Authority determines the request is not in compliance with this Agreement, applicable federal and state laws, regulations or rules as then in effect. (c)The Authority will disburse funds pursuant to approved disbursement requests complying with the provisions of this Agreement. Each disbursement request must be for eligible costs for completed work on the Project and must be submitted at such deadlines established by the Authority and on a form prescribed by the Authority. Each disbursement request must include supporting invoices and billing statements and be signed by an employee or elected official of the Borrower. (d)The Authority will reimburse the Borrower for eligible Project costs incurred prior to the execution of this Agreement only to the extent approved in connection with the Authority's approval of the Borrower's application. The Authority reserves the right to reimburse the Borrower for approved costs incurred prior to the execution of this Agreement by making disbursements therefor over a two-year period in eight equal quarterly payments. (e)Disbursements will be made by the Authority to the Borrower within 30 days of receipt of the Borrower's request, unless the Authority determines to withhold disbursement in accordance with the provisions of this Agreement. The Authority will endeavor to pay disbursement requests submitted by the Borrower not later than the 15th day of the month by the 25th day of the same month. (f) If the entire amount specified in Section 1.1 is not fully disbursed by June 30, 2018, no further disbursements will be made. In such event or if final eligible Project costs are less than the total financing amount specified in Section 1.1, the undisbursed balance of the Loan amount not disbursed will be applied to the outstanding principal installments of the Loan on a pro rata basis or as otherwise determined by the Authority. The Authority will revise Exhibit A to this Agreement to reflect the reduction in principal amount and promptly deliver a copy to the Borrower. SRF-Master Template.con Page 2 of 11 DWRFBrookIyn Center _Ol (rev. 10/14) December 12, 2014 Section 1.5. Mandatory Payments. (a) The principal amount of the Loan, together with accrued interest and servicing fees collectively, will be repaid in the amounts and on the dates set forth in Exhibit A attached hereto (notwithstanding the rate of disbursement of the proceeds of the Loan), subject to adjustment as set forth in Section 1.4 or 1.6. The interest payment shown on Exhibit A is for informational purposes only; the actual interest payment will be the amount of interest which has accrued to the date of payment. The Authority will be entitled to retain for its own purposes any interest earnings on Loan proceeds that are not disbursed and will not be obligated to credit against any required repayment of principal or payment of interest and servicing fees any such interest earnings. Any payment of principal or interest received by the Authority in excess of the amounts set forth in Exhibit A, as then in effect, which is not a mandatory payment as designated in paragraph (b), or not expressly designated by the Borrower to be treated as an optional prepayment may, in the sole discretion of the Authority, be (i) held without interest payable by the Authority and applied to a future payment due on the Loan in a manner determined by the Authority, (ii) treated as a prepayment of principal on the Loan, or (iii) returned to the Borrower as an overpayment. Other than prepayments, the Authority will apply any payments received under the Note as follows: first, to the payment of any costs or expenses incurred by the Authority in enforcing any provision of the Note or this Agreement; second, to the payment of accrued and unpaid interest and servicing fees on the Note; and third, to the payment of principal of the Note then due. (b) If the Borrower has pledged to the repayment of the Loan revenues subject to prepayment or lump- sum payment by a third party, such as special assessments or connection charges from another municipality, the Borrower agrees, to notify the Authority immediately upon receipt of any such payment. The Authority, in its sole discretion, may direct the Borrower to use the funds for the payment of eligible construction costs of the Project, or to transmit the funds to the Authority for payment on the Loan, immediately or at a later date. Any such payment received by the Authority may be applied to reduce each unpaid annual principal installment of the Loan in the proportion that such installment bears to the total of all unpaid principal installments, or, in the sole discretion of the Authority, may be applied to one or more future principal payments on the Loan in a manner determined by the Authority. Section 1.6. Optional Prepayments. (a) The Loan may not be prepaid except upon written consent of the Authority. If the Authority has consented, then upon 45 days' prior written notice to the Authority (or such lesser period as the Authority may accept), the Borrower may prepay the Loan and the Note, in whole or in part, on any February 20 or August 20 at a price equal to 100% of the principal amount to be prepaid, together with accrued interest and servicing fees thereon to the redemption date and a premium equal to all fees and expenses of the Authority, if any, in connection with the prepayment, including any fees, expenses or other costs relating to the payment and redemption of its Bonds as determined by the Authority. (b)The Authority may require that the Borrower, at its sole cost and expense, deliver to the Authority an opinion from a law firm, selected by the Authority, having a national reputation in the field of municipal law whose legal opinions are generally accepted by purchasers of municipal bonds ("Bond Counsel") to the effect that such prepayment will not cause the interest on the Note to be included in the gross income of the recipient thereof for federal income tax purposes. (c)Any prepayment of the Note shall be applied as follows: first, to the payment of fees, expenses and other costs of the Authority as provided in subsection (a); second, to the payment of interest and servicing fees on the principal amount of the Note to be prepaid; and, third, to the principal of the Note. The principal amount of a partial prepayment will, in the sole discretion of the Authority, (i) be applied to one or more future principal payments of the Loan in a manner determined by the Authority, or (ii) be applied to reduce each unpaid annual principal installment of the Loan in the proportion that such SRF-Master Templatecon Page 3 of 11 DWRF_Brooklyn Center_Ol (rev. 10/14) December 12, 2014 installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be re-amortized to provide proportionately reduced principal payments in each year). ARTICLE II— BORROWER RESPONSIBILITIES AND PROJECT COMPLIANCE Section 2.1. Borrower Responsibilities with Respect to the Project. (a) The Borrower shall meet all requirements in the loan application submitted to the Authority as to compliance with federal and state laws, rules and regulations and shall include in any contract or subcontract related to the Project, provisions requiring contractor and subcontractor compliance with applicable state and federal laws. The requirements, including compliance with the reporting requirements of Minnesota Statutes, Section 16A.633 subdivision 4, "Report on Jobs Created or Retained", in such loan application are hereby incorporated by reference; (b)The Borrower agrees to commence construction and complete the Project with reasonable diligence, regardless of the sufficiency of loans or grants therefor from the Authority to pay eligible project costs. (c)The Borrower will not enter into a sale, lease, transfer or other use agreement of any part of the Project, or change the use of the Project, without the prior written approval of the Authority if such sale, lease, transfer, agreement or change in use would (i) violate the covenants set forth in Article III or Article IV, or (ii) violate the conditions under which any capitalization grants were furnished by the United States Environmental Protection Agency (the "EPA"), or (iii) otherwise violate any terms or conditions of this Agreement. (d)The Borrower must maintain adequate property insurance coverage for the Project in such amounts with such limits as it determines in good faith to be reasonable or in such amounts and with such limits as may be required by the Authority from time to time. The Borrower may substitute adequate, actuarially sound self-insurance or risk retention program(s) for property insurance coverage, so long as such program(s) are consistent with applicable laws and state and federal regulations. (e)The Borrower must complete the Project in accordance with all applicable federal, state and local statutes, rules, regulations, ordinances, reporting requirements, approvals, and state agency certifications governing the design and construction of the Project, and will operate its drinking water system in compliance with all applicable federal and state laws and regulations and permit requirements. (f) The Borrower agrees to exert all reasonable efforts to investigate claims which the Borrower may have against third parties with respect to the construction of the Project and, in appropriate circumstances, take whatever action, including legal action, the Borrower reasonably determines to be appropriate. Section 2.2. Construction Compliance. (a) The Borrower will comply with the provisions of prevailing wage requirements set forth in Minnesota Statutes, Sections 177.41 to 177.44, as then in effect. (b) In addition to the prevailing wage requirements under subsection (a), the Borrower will comply and require that all laborers and mechanics employed by contractors and subcontractors on the Project be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C., sec. 276a through 276a-5), as amended. SRF-Master Ternplate.con Page 4 of 11 DWRF Brooklyn Center _Ol (rev. 10/14) December 12, 2014 (c)If requested, the Borrower will submit to the Authority, within 20 days of the end of the semi-annual reporting period, EPA Form 5700-52A to report on the award of prime contracts or subcontracts to any certified Minority and Women Business Enterprise (IvIBE/WBE) firms until the Project is complete. (d)The Borrower will comply with Minnesota Statutes, Section 290.9705, as then in effect, by withholding to the extent so required eight percent (8%) of payments made to all out-of-state contractors once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an exemption is granted by the Department of Revenue. Withheld amounts are required to be deposited with the Minnesota Department of Revenue. (e) The Borrower will comply with Section 436 of the Federal Consolidated Appropriations Act, 2014, Use of American Iron and Steel (P.L. 113-76), unless the Project is granted a waiver from the federal EPA or is eligible for the federal EPA Nationwide waiver issued April 15, 2014. Section 2.3. Revenue Sufficiency Covenant. The Borrower shall impose and collect rates and charges in compliance with Minnesota Statutes and in accordance with the Borrower's approved service charge system, so that sufficient gross revenues are available for the payment of system costs, including operation and maintenance and, together with other sources as may be applicable, debt service. The Borrower shall annually review and assure the revenue stream is sufficient for the payment of system costs including debt service. ARTICLE III - TAXABLE NOTE, NOT PRIVATE ACTIVITY Section 3.1. Covenants. The Borrower acknowledges that the Authority has funded, or may fund, all or a portion of the Loan and the Note from the proceeds of tax-exempt Bonds of the Authority and therefore agrees to cooperate with the Authority as necessary to maintain the tax-exempt status of interest on the Bonds which may be issued by the Authority to fund the Loan and the Note, in whole or in part. The Borrower specifically agrees: (a)Investments. Any sums from time to time held by or under the control of the Borrower which would constitute "gross proceeds" of Bonds ("Gross Proceeds"), as defined in the Internal Revenue Code of 1986, as amended, and the regulations in effect with respect thereto (the "Code"), shall not be invested at a yield in excess of the applicable yield on the Bonds. Disbursements of proceeds of the Loan and the Note shall not be reinvested by the Borrower. In addition, the Gross Proceeds shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. (b)Tax-Exempt Status of Interest on the Bonds; Rebate. With respect to any Gross Proceeds, the Borrower shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on any Bonds, including without limitation requirements relating to limitations on amounts invested at a yield greater than the yield on the Bonds and the rebate of excess investment earnings to the United States. (c)The Borrower shall comply with such instructions as may be provided from time to time by the Authority with respect to gross proceeds of Bonds. (d)Negative Covenant as to Use of Project. The Borrower hereby covenants not to use the proceeds of the Note or the Bonds or to use the Project financed with the proceeds of the Note or to cause or permit SRF-Master Template.con Page 5 of 11 DWRF_Brooklyn Center_O 1 (rev. 10/14) December 12, 2014 them or any of them to be used, or to enter into any deferred payment arrangements for the cost of the Project, or enter into any lease, use or other agreement with any non-governmental person relating to the use of the Project or security for the payment of the Note, in such a manner to cause the Note to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. ARTICLE IV - COMPLIANCE WITH STATE BOND REQUIREMENTS Section 4.1. State Bond Financed Property. The Borrower and the Authority acknowledge and agree that the Borrower's ownership interest in the Project consisting of real property, and, if applicable, all facilities located, or that will be constructed and located on such real property and all equipment that is a part thereof that was purchased with the proceeds of general obligation bond proceeds constitute "State Bond Financed Property", as such term is used in Minnesota Statutes, Section 16A.695 and the "Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" dated July 30, 2012 (the "Order") as such may be amended, modified, supplemented, or replaced from time to time and therefore, the provisions contained in such statute and order apply to the Borrower's ownership interest in the Project and any Use contracts relating thereto. The Borrower agrees that the proceeds of the Loan must be used and the Project must be operated in a manner that complies with Minnesota Statutes, Section 16A.695 and the Order. The Borrower must file the required state bond financed property declaration as provided in the Order and provide a copy of the filed declaration to the Authority, unless the filing requirement is waived in writing by the Commissioner of Minnesota Management and Budget. Section 4.2. Lease or Management Contract. The Borrower agrees that: any lease or management or similar contract (each a "Use Agreement") entered into by the Borrower with respect to property constituting all or a part of the State Bond Financed Property must comply with the following requirements: (a)It must be for the express purpose of carrying out of a governmental program established or authorized by law and established by official action of the Borrower. (b)It must be approved, in writing, by the Commissioner of Minnesota Management and Budget. (c)It must be for a term, including any renewals that are solely at the option of the lessee or manager, that is substantially less than the useful life of the property subject to such lease or management contract, but may allow renewal beyond that term upon determination by the Borrower that the use continues to carry out the governmental program. (d)It must be terminable by the Borrower if the other contracting party defaults under the contract, or if the governmental program is terminated or changed. (e)It must provide for oversight by the Borrower of the operation of the property that is the subject of the Use Agreement. (f)It must specifically identify the statute that provides the Borrower authority to enter into the Use Agreement. (g) It must contain a provision stating that the Use Agreement is being entered into in order to carry out a governmental program and must specifically identify the governmental program. SRF-Master Template,con Page 6 of 11 DWRF_Brooklyn Center _Ol (rev. 10/14) December 12, 2014 Section 4.3. Sale. The Borrower must not sell any property constituting all or a part of the State Bond Financed Property unless the sale complies with the following requirements: (a)The Borrower determines by official action that such property is no longer usable or needed by the Borrower to carry out the governmental program for which it was acquired or constructed. (b)The sale must be made as authorized by law. (c)The sale must be for fair market value as defined in Minnesota Statutes, Sections 16A.695 as then in effect. (d)The Borrower must obtain the prior written consent of the Commissioner of Minnesota Management and Budget. Section 4.4. Chances to Minnesota Statute 16A.695 or the Order. In the event that Minnesota Statutes Section 16A.695 or the Order is amended in a manner that reduces any requirement imposed upon the Borrower, or if the Borrower's interest in the State Bond Financed Property is exempt from Minnesota Statutes, Section 16A.695 or the Order, then upon written request by the Borrower, the Authority will enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the interest in the Project from Minnesota Statutes, Section 16A.695 and the Order or both. Section 4.5. Waiver. The Authority may waive the requirements of Article IV at any time upon determination by the Authority, and after receiving approval by the Commissioner of Minnesota Management and Budget that the Loan has not been and will not be funded from the proceeds of state general obligation bonds. ARTICLE V - DISCLOSURE Section 5.1. Information for Disclosure Documents. (a) The Borrower agrees to provide to the Authority such information with respect to the Borrower, its duties, operations and functions as may be reasonably requested by the Authority, and hereby consents to its inclusion in the Authority's official statement(s) used in connection with issuance and sale or the re-marketing of its Bonds or continuing disclosure with respect to its Bonds (collectively, the "Disclosure Documents"), whether or not all or a portion of the proceeds of Bonds were or will be loaned to the Borrower. (b)At the request of the Authority, the Borrower will certify and represent that such information with respect to the Borrower in any Disclosure Document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading; provided, however, that in no event shall the Borrower be required to make any representation about any other information in the Disclosure Documents or as to any Disclosure Document in its entirety. If for any reason the Borrower determines that it shall not be able to make such certification and representation, it will provide such information to the Authority as is necessary for inclusion in the Disclosure Documents so as to enable it to make such certification and representation. (c)If at any time during the period ending 90 days after the date the Borrower provides information to Authority for inclusion in a Disclosure Document any event occurs which the Borrower believes would SRF-Master Template.con Page 7 of I I DWRF Brooklyn Center-01 (rev. 10/14) December 12, 2014 cause the information with respect to the Borrower in the Disclosure Document to omit a material fact or make the statements therein misleading, the Borrower shall promptly notify the Authority in writing of such event and provide information for inclusion in the Disclosure Document or an amendment thereof or a supplement thereto. At the request of the Authority, the Borrower will also provide the certification and representation required in (b) above with respect to such information. (d) The Borrower will provide such information as may be reasonably requested by any rating agency in connection with rating the Bonds of the Authority. Section 5.2. Continuin2 Disclosure. If the Authority, in its sole discretion, determines, at any time prior to payment of the Loan in full, (i) that the Borrower is a material "obligated person," as the term "obligated person" is defined in Rule 1 5c2- 12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended or supplemented, including any successor regulation or statute thereto ("Rule 15c2-12") or (ii) that an event has occurred with respect to the Borrower or the Loan that must be disclosed under Rule 15c2-12, or that any other action of the Borrower has occurred which the Authority determines in its sole discretion is material to an investor in Bonds of the Authority, with materiality under clause (i) being determined by the Authority pursuant to criteria established, from time to time, by the Authority in its sole discretion and set forth in a resolution or official statement of the Authority, the Borrower hereby covenants that it will authorize and provide to the Authority, for inclusion in a Disclosure Document, all statements and information relating to the Borrower deemed material by the Authority for the purpose of satisfying Rule 1 5c2- 12 as well as Rule lOb-5 promulgated pursuant to the Securities Exchange Act of 1934, as amended or supplemented, including any successor regulation or statute thereto ("Rule lOb-5"), including certificates and written representations of the Borrower evidencing satisfaction of the requirements of Rule 1 5c2- 12 and Rule lOb-5; and the Borrower hereby further covenants that the Borrower (if determined to be such a material obligated person) shall execute and deliver a continuing disclosure agreement, in such form as the Authority shall determine to be necessary, desirable or convenient, in its sole discretion, for the purpose of meeting the requirements of Rule 1 5c2- 12, and pursuant to the terms and provisions of such continuing disclosure agreement, the Borrower shall thereafter provide ongoing disclosure with respect to all annual and event information and financial statements relating to the Borrower required by a continuing disclosure undertaking under Rule 1 5c- 12 and pursuant to the terms and provisions of such continuing disclosure agreement, and the Borrower further agrees that the Authority shall have the right to disclose any information about the Borrower or the Loan, whether or not received from the Borrower, determined by the Authority in its sole discretion, to be material with respect to any of its Bonds. ARTICLE VI- DEFAULT AND REMEDIES Section 6.1. Events of Default. Any of the following are events of default under this Agreement: (a)Failure of the Borrower to make a payment when due; (b)Failure of the Borrower to comply with any other provision of this Agreement or the Note after written notice from the Authority and the Borrower fails for a three-month period to cure such default or provide a written plan acceptable to the Authority providing for such cure or, if the Authority accepts a plan for cure, the Borrower fails to cure any defaults within the time period specified therein. Section 6.2. Remedies. (a) For an event of default under Section 6.1(a) of this Agreement, the Authority shall impose an interest penalty as provided in Minn. Rules Part 7830.0296, Subpart 1. The Authority may also exercise one or more of the following remedies: (1) withhold approval of any SRF-Master Template.con Page 8 of 11 DWRF_Brooklyn Center _Ol (rev. 10/14) December 12, 2014 disbursement request, (2) reject any pending application by the Borrower for financial assistance, (3) to the extent permitted by law, demand immediate payment of the Loan and the Note in full and, upon such demand, the outstanding principal amount of the Loan and Note will be immediately due and payable, with interest accrued thereon to the date of payment, or (4) exercise any other remedy available to the Authority at law or in equity, including under Minnesota Rules, Chapter 7380, as amended. (b) For an event of default under Section 6.1(b) of this Agreement, the Authority shall impose an immediate increase in the interest rate on the Loan by eliminating all interest rate discounts that were applied in determining the interest rate under Minnesota Rules, Part 7380.0272. The Authority may also exercise one or more of the following remedies: (1) withhold approval of any disbursement request, (2) reject any pending application by the Borrower for financial assistance, (3) to the extent permitted by law, demand immediate payment of the Loan and the Note in full and, upon such demand, the outstanding principal amount of the Loan and Note will be immediately due and payable, with interest accrued thereon to the date of payment, or (4) exercise any other remedy available to the Authority at law or in equity, including under Minnesota Rules, Chapter 7380, as amended. If the Authority subsequently determines that the Borrower has cured all events of default, the interest rate on any unpaid Loan principal will revert back to the original interest rate. ARTICLE VII- FINANCIAL RECORDS AND AUDITS Section 7.1. Financial Recordkeeping. For all expenditures of funds made pursuant to this Agreement, the Borrower must keep financial accounts and records in accordance with generally accepted accounting principles including invoices, contracts, receipts, vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures and any investments made with proceeds of the Loan or other "gross proceeds" of the Note or the Tax-exempt Bonds of the Authority. Such accounts and records shall be accessible and available for a minimum of six years from the date of initiation of operation of the Project and for so long as the Note is outstanding for examination by authorized representatives of: the Authority, the Legislative Auditor, Office of the State Auditor and the EPA Office of Inspector General. Section 7.2. Annual Audit Requirements. (a) The Borrower must annually provide to the Authority for the term of the Loan a copy of its independent annual audit. All audit reports must be submitted within 30 days after the completion of the audit but no later than one year after the end of the fiscal year to be audited. The audits must be conducted in accordance with generally accepted government auditing standards and in compliance with the single audit act requirements of the federal Office of Management and Budget, circular A-133, or as superseded by 2 CFR 200 Subpart F, effective for fiscal years beginning on or after December 26, 2014. (b) The Borrower must list the Note as general obligation debt of the Borrower in its annual audits for the term of the Loan. ARTICLE VIII- THIS ARTICLE INTENTIONALLY LEFT BLANK ARTICLE IX - GOVERNMENT DATA PRACTICES Section 9.1. General. The Borrower agrees with respect to any data that it possesses regarding the Project, to comply with all of the provisions and restrictions contained in the Minnesota Government SRF-Master Template.con Page 9 of 11 DWRF_Brooklyn Center-01 (rev. 10/14) December 12, 2014 Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. ARTICLE X - ADMINISTRATION Section 10.1. Amendments. Any amendments to this Agreement must be in writing and be executed by the Borrower by the same officials who signed the Agreement, or their successors. Section 10.2. Fee. The Borrower acknowledges that the Authority may apply up to 2% of any loan repayment to payment of administrative costs and that such application shall not increase the amount of any repayments or extend the period of repayment. Section 10.3. Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if delivered by courier or overnight delivery service or sent by certified mail (return receipt requested), postage prepaid, to the address of the party to whom it is directed. Such address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: In the case of the Authority: Minnesota Public Facilities Authority Attention: Executive Director 332 Minnesota Street, Suite W820 St. Paul, MN 55101-1378 In the case of the Borrower: City of Brooklyn Center Attention: Mayor 63 01 Shingle Creek Parkway Brooklyn Center, MM 55430-2113 Section 10.4. Termination of Loan. The obligation's of the Borrower under this Agreement (except the obligations set forth in Section 2.1(c), (d) and (e) and Article IV hereof) shall terminate when the Loan is filly paid and retired. SRF-Master Templatecon Page 10 of 11 DWRF_Brooklyn Center _Ol (rev. 10/14) December 12, 2014 Project Number: MFPA-14-0073-R-FYI5 Borrower Name: City of Brooklyn Center The Authority and the Borrower have caused this Agreement to be duly executed by their duly authorized undersigned representatives. Statutory Cities must execute this Agreement as provided in Minnesota Statutes, Section 412.201, as amended. Home Rule Charter Cities must execute this Agreement as provided in Minnesota Statutes, Chapter 410, as amended. BORROWER: We have read and we agree to all of the above provisions of this Agreement. By Tim Wilson Title Mayor Date By Curt Boganey Title City Manager Date MINNESOTA PUBLIC FACILITIES AUTHORITY: By Katie Clark Sieben, or delegate Title Chair Date ENCUMBERED: Minnesota Public Facilities Authority By 3-1240 12/15/14 Date Encumbered B2401 3-1241 12/16/14 (Individual signing certified that funds have been encumbered as required by Minnesota Statute 16A) SRF-Master Template.con Page 11 of 11 DWRF_Brooklyn Center _Ol (rev. 10/14) December 12, 2014 MN Public Facilities Authority Exhibit A Drinking Water State Revolving Fund Loan Amortization Schedule Brooklyn Center - dvi01 Rate: 1.000% Date: Maturity: 08/20/34 Date Effective Source projected 12/24/14 Op Res 08/20/15 02/20/16 08/20/16 02/20/17 08/20/17 02/20/18 08/20/18 02/20/19 08/20/19 02/20/20 08/20/20 02/20/21 08/20/21 02/20/22 08/20/22 02/20/23 08/20/23 02/20/24 08/20/24 02/20/25 08/20/25 02/20/26 08/20/26 02/20/27 08/20127 02/20/28 08/20/28 02/20/29 08/20/29 02/20/30 08/20/30 02/20/31 08/20/31 02/20/32 08/20/32 02/20/33 08/20/33 02/20/34 08/20/34 totals 144,249.64 98,235.00 1,042,235.00 93,515.00 1,047,515.00 88,745.00 1,051,745.00 83,930.00 1,056,930.00 79,065.00 1,061,065.00 74,155,00 1,066,155.00 69,195.00 1,071,195.00 64,185.00 1,076,185.00 59,125.00 1,081,125.00 54,015.00 1,087,015.00 48,850.00 1,091,850.00 43,635.00 1,096,635.00 38,370.00 1,102,370.00 33,050.00 1,108,050.00 27,675.00 1,112,675.00 22,250.00 1,118,250.00 16,770.00 1,123,770.00 11,235.00 1,129,235.00 5,645.00 1,134,645.00 19,662,352.00 21,814,539.64 19,662,352.00 15,352.00 19,647,000.00 19,647,000.00 944,000.00 18,703,000.00 18,703,000.00 954,000.00 17,749,000.00 17,749,000.00 963,000.00 16,786,000.00 16,786,000.00 973,000.00 15,813,000.00 15,813,000.00 982,000.00 14,831,000.00 14,831,000.00 992,000.00 13,839,000.00 13,839,000.00 1,002,000.00 12,837,000.00 12,837,000.00 1,012,000.00 11,825,000.00 11,825,000.00 1,022,000.00 10,803,000.00 10,803,000.00 1,033,000.00 9,770,000.00 9,770,000.00 1,043,000.00 8,727,000.00 8,727,000.00 1,053,000.00 7,674,000.00 7,674,000.00 1,064,000.00 6,610,000.00 6,610,000.00 1,075,000.00 5,535,000.00 5,535,000.00 1,085,000.00 4,450,000.00 4,450,000.00 1,096,000.00 3,354,000.00 3,354,000.00 1,107,000.00 2,247,000.00 2,247,000.00 1,118,000.00 1,129,000.00 1,129,000.00 1,129,000.00 - 2,152,187.64 19,662,352.00 19,662,352.00 144,249.64 1,140,470.00 1,141,030.00 1,140,490.00 1,140,860.00 1,140,130.00 1,140,310.00 1,140,390.00 1,140,370.00 1,140,250.00 1,141,030.00 1,140,700.00 1,140,270.00 1,140,740.00 1,141,100.00 1,140,350.00 1,140,500.00 1,140,540.00 1,140,470.00 1,140,290.00 21,814,539.64 MPFA-1 4-0073-R-FY1 5 Taxable Note private activity: No Disbursement Repayment Interest 19,662,352.00 128,897.64 98,235.00 98,235.00 93,515.00 93,515.00 88,745.00 88,745.00 83,930.00 83,930.00 79,065.00 79,065.00 74,155.00 74,155.00 69,195.00 69,195.00 64,185.00 64,185.00 59,125.00 59,125.00 54,015.00 54,015.00 48,850.00 48,850.00 43,635.00 43,635.00 38,370.00 38,370.00 33,050.00 33,050.00 27,675.00 27,675.00 22,250.00 22,250.00 16,770.00 16,770.00 11,235.00 11,235.00 5,645.00 5,645.00 final loan amount: 19,662,352.00 Princinal Loan Balance Anni Debt Srv dw_BrooklyCenter_01.xlsm 01/05/15 page 1 of 2 MN Public Facilities Authority Exhibit A Drinking Water State Revolving Fund Loan Amortization Schedule Calculation of Loan Rate for Brooklyn Center - dwOl MPFA-1 4-0073-R-FY1 5 12112114 Cash flow using principal Ra te Scales schedule and these rate scales MMD AA (19,662,352.00) 63,695.96 217,437.95 199,92594 1,105,211.28 193265.58 1,086,740.01 185,370.91 1,066,19066 176,35668 1,045,535.76 166,453.55 1,023,193.49 155,805.00 1,001,078.38 144,53448 978,420.21 132,929.91 955,506.50 121,302.73 932,647,88 109,663.94 910,634.49 97,936.08 887,820.82 86,25951 865,143.16 74,757.57 843,448.85 63,460.69 822,012,80 52,368.47 800,14 7 .90 41,489.32 779,261.07 30,813.54 758,639.13 20,340.53 738,284.06 10,069.60 718. 197.60 totals - 5,184,470.8 * yields that equates PV of cash flows to $-0-: less discounts applied to the higher of the two yields: base discount: I MHI below average: estimated savings: $3,032,283 WA M: I Avg residential cost: 11.0 years i resulting loan rate (min=1 1/o):__ L — — — 2.386% 1.500% 1.000% FINAL Date Principal PFA Bonds MMD AA _PFA Bonds MMD AA 12/24/14 (19,662,352.00)(19,662,352.00) 02/20115 -63,931.46 08/20/15 15,352.00 0.15%220,845.96 02/20116 -205,482.45 08120/16 944,000.00 0.44%1,149,482.45 02/20/17 -203,405.65 08120/17 954,000.00 0.76%1,157,405.65 02/20/18 -199,780.45 08/20/18 963,000.00 1.07%1,162,780.45 02/20119 -194,628.40 08/20/19 973,000.00 1.34%1,167,628.40 02120/20 -188,109.30 08/20/20 982,000.00 1.59%1,170,109.30 02/20/21 -180,302.40 08/20/21 992,000.00 1.82%1,172,302.40 02/20122 -171,275.20 08/20/22 1,002,000.00 1.99%1,173,275.20 02/20/23 -161,305.30 08/20/23 1,012,000.00 2.09%1,173,305.30 02/20/24 -150,729.90 08/20124 1,022,000.00 2.19%1,172,729.90 02/20125 -139,539.00 08/20/25 1,033,000.00 2.31%1,172,539.00 02/20126 -127,607.85 08/20/26 1,043,000.00 2.40%1,170,607.85 02/20/27 -115,091.85 08/20/27 1,053,000.00 2.46%1,168,091.85 02/20/28 -102,139.95 08/20/28 1,064,000.00 2.51%1,166,139.95 02/20/29 -88,786.75 08/20/29 1,075,000.00 2.56%1,163,786.75 02/20/30 -75,026.75 08120/30 1,085,000.00 2.61%1,160,026.75 02/20131 -60,867.50 08/20/31 1,096,000.00 2.66%1,156,867.50 02120132 -46,290.70 08120/32 1,107,000.00 2.71%1,153,290.70 02120/33 -31,290.85 08/20/33 1,118,000.00 2.76%1,149,290.85 02/20/34 -15,862.45 08/20/34 1,129,000.00 2.81%1,144,862.45 Present Value of Cash Flows - and these rate scales *: A dw_BrooklyCenter_01.XISm 01105/15 page 2 of 2 City Coumil Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CAROL KLEVEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Carol Kieven served as a member of the Brooklyn Center City Council from January 1, 2011, through December 31, 2014; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Carol Kieven is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the city of Brooklyn Center. January 12, 2015 MayorDate 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 Comd1 Agenda Hem No. 7b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATY HARSTAD FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Katy Harstad served on the Planning Commission from May 12, 2014, through December 31, 2014; and WHEREAS, she has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, her leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Katy Harstad is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. January 12, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - I City Council Agenda Item No. 7c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF EPHRAIM OLANI FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Ephraim Olani served on the Housing Commission from February 22, 2010, through December 31, 2014; and WHEREAS, as a member of the Housing Commission, he contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, his leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Ephraim Olani is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 12, 2015 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 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MANDORA YOUNG FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION WHEREAS, Mandora Young served on the Northwest Hennepin Human Services Council Advisory Commission from April 8, 2013, through December 31, 2014; and WHEREAS, Mandora Young has made significant contributions as a member of the Northwest Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the human services needs of the community and how these needs can best be met; and WHEREAS, her leadership and expertise have been greatly appreciated by the Northwest Hennepin Human Services Council Advisory Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Mandora Young is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. January 12, 2015 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: January 6, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Hearings for Freeway Park Area Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2015-01 and 02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Freeway Park Area Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on January 12, 2015. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2015-01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2015-01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Freeway Park Area. The project was previously established by the City Council on March 24, 2014, by Resolution 2014-39. On December 8, 2014, the City Council received the project feasibility report and called for a public hearing to be held on January 12, 2015, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: Street Improvements Full street reconstruction of all streets (except Freeway Boulevard) including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, installation of a 6' sidewalk along the west side of France Avenue between 68' Avenue and 69' Avenue, replacement of street signs, and boulevard restoration. Partial street reconstruction of Freeway Boulevard includes base preparation, bituminous paving and miscellaneous repairs of concrete curb and gutter, sidewalks, and driveway aprons. Mission: Ensuring an attractive, clean, safe, inclusive coinhiiiiiiitj' that enhances the quality of life for all people and preserves the public trust S[I1IJ[iI I I I*'A L'A I k'4 (I] tWI)1Ik'A I Storm Drainage Improvements - Includes the installation of new storm sewers and installation of concrete curb and gutter on all streets except Freeway Boulevard, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes on Freeway Boulevard. 3.Water Main Improvements - Includes the replacement of approximately 80 percent of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. The water main within the multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) is privately owned and no improvements are included as part of this public project. 4.Sanitary Sewer Main Improvements - Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines, except for the 21-inch diameter trunk line that runs along Ewing Avenue, 68th Avenue and Drew Avenue which was lined in 1995. The sanitary sewer within the multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) is privately owned and no improvements are included as part of this public project. II. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the Freeway Park Area. On November 10, 2014, the City Council adopted the 2015 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2015 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 204 residential properties that are zoned "RI", 6 multi-family properties with 101 units that are zoned "R3", and 2 commercial properties that are zoned "Cl". Special assessments for single family residential properties that are zoned RI were calculated at full unit assessment rates of $4,066 for street improvements and $1,220 for storm drainage improvements. The multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) that are zoned R3 were assessed based on unit assessments prorated per total lot frontage. The commercial properties that are zoned Cl were assessed based on an acreage basis. See the attached revised Appendix D—Final Assessment Roll and Figure 6—Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Public comments are included in the Feasibility Study (Appendix B). Subsequently, an additional public comment was received from the Spiritual Life Church at 6865 Shingle Creek Parkway (see Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [$1IJ[i1I Ii k'4 L'A I k'A [I] iII1uJk'AI attached memorandum dated January 6, 2015). Currently, staff is not aware of any substantive objection and recommends approval accordingly. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1.Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2015. 2.From October 1, 2015, to the end of the business day on November 25, 2015, a property owner may pay the total assessment, with interest calculated from October 1, 2015, to the date of payment. 3.A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2016. The total principle will be payable in annual installments. Interest at 4.0 percent is paid on the unpaid balance. 4.Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2015-01 and 2015-02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2015 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $7,260,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 8, 2014. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for all people and preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 24, 2014, authorized consideration of street, storm drainage, and utility improvements in the area generally described as "FREEWAY PARK AREA", more specifically described as follows: 67thi Avenue from Grimes Avenue to Xerxes Avenue; 68th Avenue from France Avenue to Xerxes Avenue; 69th Avenue service road from Beard Avenue to Zenith Avenue; Abbott Avenue from 68th Avenue to 69th Avenue; Beard Avenue from 67th Avenue to 69th Avenue; Drew Avenue from 67th Avenue to 69th Avenue; Ewing Avenue from 67th Avenue to 69th Avenue; France Avenue from 67th Avenue to 69th Avenue; Freeway Boulevard from Shingle Creek Parkway to Xerxes Avenue; Grimes Avenue from 3 80' north of 67th Avenue to 67 t11 Avenue; Thurber Road from Beard Avenue to Xerxes Avenue; Xerxes Avenue from 67th Avenue to 68 th Avenue; and Zenith Avenue from 68th Avenue to 69th Avenue; and WHEREAS, the Council has received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on December 8, 2014, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Freeway Park Area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on January 12, 2015, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the January 12, 2015, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $1,277,460.74; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: Improvement Project Nos. 2015-01, 02,03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. January 12, 2015 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FORIMPROVEMENT PROJECT NOS. 201501 AND 2015-02, FREEWAY PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required bylaw, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19058 and 19059; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Such proposed assessments, Special Assessment Levy No. 19058 for street improvements and Special Assessment Levy No. 19059 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2.Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2016, and shall bear interest on the entire assessment at the rate of four (4.0) percent per annum from October 1, 2015, through December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2015. After September 30, 2015, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2015, through the date of payment. Such payment must be made by the close-of-business November 25, 2015, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. January 12, 2015 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 OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 3411921110032 6825 ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 3411921110033 6819 ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 3411921110034 6813 ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 3411921110035 6807 ABBOTT AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921110036 6801 ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 3411921110037 6800 BEARD AVE N 19058 $ 4,066.00 19059 1,220.00 3411921110038 6806 BEARDAVE N 19058 $ 4,066.00 19059 1,220.00 3411921110039 6812 BEARDAVE N 19058 $ 4,066.00 19059 1,220.00 3411921110040 6818 BEARDAVE N 19058 $ 4,066.00 19059 1,220.00 3411921110041 6824 BEARDAVE N 19058 $ 4,066.00 19059 $1,220.00 411921110042 6830 BEARDAVE N 19058 $ 4,066.00 19059 $1,220.00 411921110043 6837 BEARDAVE N 19058 $ 4,066.00 19059 $1,220.00 411921110044 6831 BEARDAVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110045 6825 -BEARD AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110046 6819 -ARD AVE N.19058 $ 4,066.00 19059 $ 1,220.00 411921110047 6813 -BEARD AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110048 6807 BEARDAVE N 19058-$ 4,066.00 19059 $ 1,220.00 411921110049 6801 BEARD AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110050 6743 -BEARD AVE N -19058 $ 4,066.00 19059 $ 1,220.00 411921110051 6737 BEARDAVE N 19058-4,066.00 19059 $ 1,220.00 411921110052 6731 -BEARD AVE N 19058-$ 4,066.00 19059 $ 1,220.00 411921110053 6725 BEARDAVE N 19058-4,066.00 19059 $ 1,220.00 411921110054 3301 -HAVEN 19058-4,066.00 19059 $ 1,220.00 411921110055 7 HAVEN =4,066.00 19059 $ 1,220.00 411921110056 3313 68THAVEN 19058 $ 4,066.00 19059 $ 1,220.00 411921110057 6734 -BEARD AVE N 9058 4,066.00 19059 $ 1,220.00 411921110058 -RD AVE N =4,066.00 19059 $ 1,220.00 411921110059 6824 ZENITH AVE N 4,066.00 19059 $ 1,220.00 411921110060 6818 -ZENITH AVE N -41066.00 19059 $ 1,220.00 411921110061 6812 -ZENITH AVE N 05 4,066.00 19059 $ 1,220.00 411921110062 6806 ZENITH AVE N 19058 -4,066.00 19059 $ 1,220.00 411921110063 6800 ZENITH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110064 3106 -H AVE N 19058-4,066.00 19059 $ 1,220.00 411921110065 3100 -H AVE N 19058 4,066.00 19059 $ 1,220.00 411921110066 3012 -68TH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110067 3006 68TH AVE N 19058 -4,066.00 19059 $ 1,220.00 411921110068 6825 -ZENITH AVE N 4,066.00 19059 $ 1,220.00 411921110069 6817 ZENITH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110070 6809 ZENITH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110071 6801 ZENITH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110072 3007 68TH AVE N 19058 1 4,066.00 19059 $ 1,220.00 411921110073 3013 68TH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110074 3101 68TH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110075 3107 68TH AVE N 19058-4,066.00 19059 $ 1,220.00 3411921110076 3113 68TH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110077 3201 68TH AVE N 19058-4,066.00 19059 $ 1,220.00 411921110078 3207 68TH AVE N 19058 4,066.00 19059 $ 1,220.00 411921110079 3213 68TH AVE N 19058 4,066.00 19059 $ 1,220.00 411921110080 3219 68TH AVE N 19058 4,066.00 19059 $ 1,220.00 411921110081 3000 68TH AVE N 19058 4,066.00 19059 $ 1,220.00 411921110082 3001 68TH AVE N 19058 4,066.00 19059 $ 1,220.00 411921110083 3000 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110084 3006 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110085 3012 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110086 3018 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110087 3100 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110088 3106 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110089 3112 THURBERRD 19058 4,066.00 19059 $ 1,220.00 411921110090 3118 THURBER RD 19058 4,066.00 19059 $ 1,220.00 411921110091 3200 THURBER RD 19058 4,066.00 119059 1 $ 1,220.00 1 411921110092 13206 ITHURBER RD 19058 4,066.00 119059 1 $ 1,220.00 1 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTYID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3411921110093 3212 THURBER RD 19058 $ 4,066.00 19059 1,220.00 3411921110094 3218 THURBER RD 19058 $ 4,066.00 19059 1,220.00 3411921110095 3300 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110096 3007 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110097 3013 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110098 3019 THURBER RD 19058 $ 4,066.00 19059 $ 1,220.00 411921110099 3101 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110100 3107 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110101 3113 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110102 3119 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110103 3201 THURER RD 19058 $ 4,066.00 19059 1,220.00 411921110104 3207 THURBER RD 19058 $ 4,066.00 19059 1,220.00 411921110105 3213 -THURBER RD 19058 $ 4,066.00 19059 1,22000 411921110106 3219 THURBER RD 19058 1 $ 4,066.00 19059 1,220.00 411921110107 3301 -THURBER RD 19058 1 $ 4,066.00 19059 1,220.00 411921110108 3307 THURBER RD 19058 $ 4,066.00 19059 1220.00 411921110109 6712 BEARD AVE N 19058 $ 4,066.00 19059 1,220.00 411921110110 6706 BEARDAVE N 19058 $ 4,066.00 19059 1220.00 411921110111 6700 -BEARD AVE N 19058 $ 4,066.00 19059 1,220.00 411921110112 3306 -7TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110113 3300 -67TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921110114 3224 67TH AVE N 19058 1 $ 4,066.00 19059 1,220.00 411921110115 3218 -67TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921110116 3212 -67TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921110117 3206 -67TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921110118 6818 ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 411921110119 6812 -ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 411921110120 -ABBOTT AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921110121 6800 -ABBOTT AVE N 19058 $ 4,066.00 19059 1,220.00 411921120001 3827 69TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921120003 6725 EWING AVEN 19058 $ 4,066.00 19059 1,220.00 411921120004 6719 EWING AVEN 19058 $ 4,066.00 19059 1,220.00 411921120005 6713 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120006 6707 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120007 6701 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120008 6700 FRANCE AVEN 19058 $ 4,066.00 19059 $ 1,220.00 411921120009 6706 FRANCE AVE N 19058 $ 4,066.00 19059 1,220.00 411921120010 6712 FRANCE AVE N 19058 $ 4,066.00 19059 1,220.00 411921120011 6718 FRANCE AVE N 19058 $ 4,066.00 19059 - 1,220.00 411921120012 6724 FRANCE AVEN 19058 $ 4,066.00 19059 1,220.00 3411921120013 6724 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 3411921120014 6718 EWING AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120015 6712 EWING AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120016 6706 EWING AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120017 6700 EWING AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921120018 6724 DREW AVEN 19058 4,066.00 19059 $ 1,220.00 3411921120019 6718 DREW AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120020 6712 DREW AVEN 19058 4,066.00 19059 $ 1,220.00 3411921120021 6706 DREW AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120022 6700 DREW AVE N 19058 4,066.00 19059 $ 1,220.00 3411921120023 6725 DREW AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921120024 6719 DREW AVE N 19058 4,066.00 19059 $1,220.00 3411921120025 713 DREW AVE N 19058 4,066.00 19059 $1,220.00 3411921120026 6707 DREW AVE N 19058 4,066.00 19059 $1,220.00 341 1921120027 6701 DREW AVEN 19058 . 4,066.00 19059 $1,220.00 341 1921120028 6842 DREW AVE N 19058 $ 4,066.00 19059 $1,220.00 34 1921120029 6836 DREW AVEN 19058 $ 4,066.00 19059 $ 1,220.00 3411921120030 6824 DREW AVE N 19058 $ 4,066.00 19059 -$ 1,220.00 3411921120031 6818 DREW AVE N 19058 $ 4,066.00 19059 -1,220.00 3411921120032 16812 DREW AVE N 119058 11 $ 4,066.00 19059 -1,220.00 3411921120033 806 DREW AVEN 19058 1 $ 4,066.00 19059 -1,220.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 3411921120034 6800 DREWAVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921120035 742 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 3411921120036 6736 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 411921120037 6730 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 411921120041 3701 69TH AVE N 19058 $ 4,066.00 19059 1,220.00 411921120042 6831 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 411921120043 6825 DREWAVE N 19058 1 $ 4,066.00 19059 1,220.00 411921120044 6819 DREWAVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921120045 6813 -DREW AVE N 19058 $ 4,066.00 19059 1,220.00 411921120046 6807 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 411921120047 6801 DREW AVE N 058 $ 4,066.00 19059 1,220.00 411921120048 6800 AVEN 19058 $ 4,066.00 19059 1,220.00 411921120049 6806 -NG AVE N 19058 $ 4,066.00 19059 1,220.00 411921120050 6812 -NG AVE N 19058-$ 4,066.00 19059 1,220.00 411921120051 6818 -NG AVE N 19058-$ 4,066.00 19059 $ 1,220.00 411921120052 6824 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120053 6830 -NG AVE N 19058 $ 4,066.00 19059 1,220.00 411921120054 6743 DREWAVE N 19058 -$ 4,066.00 19059 1,220.00 1 411921120055 6737 DREWAVE N 19058 $ 4,066.00 19059 1,220.00 411921120056 6731 DREWAVE N 19058-$ 4,066.00 19059 1,220.00 3411921120057 6730 EWING AVE N 19058-$ 4,066.00 19059 1,220.00 3411921120058 736 G AVE N =$ 4,066.00 19059 $ 1,220.00 3411921120059 6742 EWING AVE N 19058 -$ 4,066.00 19059 $1,220.00 3411921120060 3801 69THAVE N 19058 $ 4,066.00 19059 1,220.00 3411921120062 6831 EWING AVE N 19058-$ 4,066.00 19059 1,220.00 3411921120063 6825 EWING AVE N 19058=$ 4,066.00 19059 1,220.00 3411921120064 6819 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 3411921120065 6815 -NG AVE N 19058-$ 4,066.00 19059 1,220.00 3411921120066 6809 -NG AVE N 19058 $ 4,066.00 19059 1,220.00 3411921120067 6801 EWINGAVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921120068 6800 FRANCE AVE N 19058 $ 4,066.00 19059 1,220.00 3411921120069 6806 -FRANCE AVE N 19058 $ 4,066.00 19059 1,220.00 3411921120070 -FRANCE AVE N 19058 $ 4,066.00 19059 1,220.00 411921120071 6818 FRANCE AVEN 19058 $ 4,066.00 19059 1,220.00 411921120072 6824 FRANCE AVEN 19058 $ 4,066.00 19059 1,220.00 411921120073 6743 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120074 6737 EWING AVE N 19058 $ 4,066.00 19059 1,220.00 411921120075 6731 EWING AVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921120076 6734 FRANCE AVEN 19058 $ 4,066.00 19059 1,220.00 411921120077 6742 FRANCE AVEN 19058 -$ 4,066.00 19059 1,220.00 411921140001 3001 THURBERRD 19058 -$ 4,066.00 19059 1,220.00 411921140002 3200 67TH AVE N 19058 1 $ 4,066.00 19059 1,220.00 411921140003 3118 67TH AVE N 19058-$ 4,066.00 19059 1,220.00 411921140004 3112 67TH AVE N 19058=$ 4,066.00 19059 1,220.00 3411921140005 3106 67THAVE N 19058 $ 4,066.00 19059 $ 1,220.00 411921140006 3100 167THAVE N 19058 $ 4,066.00 19059 1,220.00 3411921140007 3018 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140008 3012 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140009 3006 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140010 3000 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 1 3411921140011 3001 67TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140012 3007 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140013 3013 167TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140014 3019 67TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140015 3025 67THAVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140016 3101 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140017 3107 67TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140018 3113 67TH AVE N 19058 $ 4,066.00 19059 $ 1,220.00 3411921140019 3119 67TH AVE N 19058 $ 4,066.00 19059 .. 1,220.00 3411921140020 13201 167TH AVE N 19058 $ 4,066.00 119059 $ 1,220.00 3411921140021 07 7THAVEN 19058 $ 4,066.00 119059 $ 1,220.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3411921140022 3213 67TH AVE N 19058 $ 4,066.00 -19059 $ 1,220.00 3411921140023 3219 67TH AVE N 19058 $ 4,066.00 -19059 1,220.00 3411921140024 3225 67TH AVE N 19058 4,066.00 -19059 1,220.00 3411921140025 3301 67TH AVE N 19058 4,066.00 -19059 1,220.00 3411921140026 3307 67TH AVE N 19058 $ 4,066.00 19059 1,220.00 3411921140027 3313 67TH AVE N 19058 1 $ 4,066.00 -19059 1,220.00 3411921140028 3319 67TH AVE N 19058 4,066.00 -19059 1,220.00 3411921210010 6727 FRANCE AVE N 19058 4,066.00 1,220.00 3411921210011 6721 FRANCE AVE N 19058 4,066.00 -19059 1,220.00 3411921210012 6715 FRANCE AVE N 19058 4,066.00 -19059 1,220.00 3411921210013 6707 FRANCE AVE N 19058 4,066.00 19059 1,220.00 3411921210014 6701 FRANCE AVE N 19058 4,066.00 19059 1,220.00 3411921210015 6700 GRIMES AVE N 19058 $ 4,066.00 1,220.00 3411921210016 6706 GRIMES AVE N 19058 4,066.00 19059 -1,220.00 3411921210017 6714 GRIMES AVE N 19058 4,066.00 1,220.00 3411921210018 6720 GRIMES AVE N 19058 4,066.00 1,220.00 3411921210019 6728 GRIMES AVE N 19058 4,066.00 1,220.00 3411921210020 6727 GRIMESAVE N 19058 4,066.00 -19059 $ 1,220.00 3411921210021 6719 GRIMESAVE N 19058 4,066.00 19059 1,220.00 3411921210022 6715 GRIMESAVE N 19058 $ 4,065.00 19059 1,220.00 3411921210023 6707 GRIMESAVE N 19058 $ 4,06600 19059 -$1,220.00 3411921210026 6740 GRIMESPL 19058 $ 36,759.33 19059 $11,029.64 Multi Family R3, Frontage Rate, 678.05-ft 3511921220013 912 69THLAN 19058 863.28 19059 -$133.51 MultiFamilyR3,UnitRate 3511921220014 2916 69THLAN 19058 863.28 19059 -$133.51 MultiFamilyR3,UnitRate 3511921220015 2920 69THLAN 19058 863.28 19059 -$1 133.51 MultiFamilyR3,UnitRate 3511921220016 2924 69THLAN 19058 863.28 133.51 MultiFamilyR3,UnitRate 3511921220017 2928 69THLAN 19058 $ 863.28 19059 1 $ 133.51 MultiFamilyR3, Unit Rate 3511921220018 2932 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220019 2936 _69THLAN 19058 863.28 19059 133.51 1 MultiFamily R3, Unit Rate 3511921220020 2937 69THLAN 19058 $ 863.28 19059 133.51 MultiFamily R3, Unit Rate 3511921220021 2913 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220022 2917 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220023 2921 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220024 2925 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220025 2929 69THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220026 2933 69THLAN 19058 863.28 19059 133.51 1 MultiFamily R3, Unit Rate 3511921220028 2910 68THLAN 19058 $ 863.28 19059 133.51 MultiFamily R3, Unit Rate 3511921220029 2914 68THLAN 19058 $ 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220030 2918 68THLAN 19058 863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220031 2922 68THLAN 19058 .,.863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220032 2926 68THLAN 19058 $863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220033 2930 68THLAN 19058 $ _863.28 19059 -133.51 MultiFamily R3, Unit Rate 3511921220034 2934 68THLAN 19058 $863.28 19059 133.51 MultiFamily R3,Unit Rate 3511921220035 2938 68THLAN 19058 $863.28 19059 133.51 Multi Family R3, Unit Rate 3511921220036 2911 68THLAN 19058 $863.28 19059 133.51 MultiFamily R3, Unit Rate 3511921220037 2915 68THLAN 19058 $863.28 19059 133.51 MultiFamily R3, Unit Rate 3511921220038 2919 68THLAN 19058 $863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220039 2923 68THLAN 19058 $863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220041 2900 67THLAN 19058 1 $863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220042 2904 67THLAN 19058 1 $863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220043 2908 67THLAN 19058-$863.28 19059 $133.51 MultiFamily R3,Unit Rate 3511921220044 2912 67THLAN 19058_$863.28 19059 $133.51 MultiFamily R3,Unit Rate 3511921220045 2916 67THLAN 19058 -$863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220046 2920 67THLA N 19058-$863.28 lluub9 $133.51 MultiFamily R3, Unit Rate 3511921220047 2924 67THLAN 19058-$863.28 19059 1 $133.51 MultiFamilyR3, Unit Rate 3511921220048 2928 67THLAN 19058 -$863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220049 2932 67THLA N 119058 -$863.28 19059 $133.51 MultiFamily R3, Unit Rate 3511921220050 12936 167THLA N 119058 1 $863.28 19059 1 $133.51 MultiFamily R3, Unit Rate CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 201501 AND 02 PROPERTYID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3511921220051 6865 SHINGLE CREEK PKWY 19058 $ 36,820.77 19059 $ - Commercial Cl (A) 109,260.45 Sf, (B) 82,795.46sf 3511921220052 2800 FREEWAY BLVD 19058 $ 14,828.00 19059 $ Commercial Cl, (A) 44,000.00 Sf, (13) 9,207.57sf 3511921230012 2800 67TH LA N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 3511921230013 2804 67TH LA N 19058 863.28 19059 $ 133.51 lMulti Family R3, Unit Rate 351 1921230014 2808 67TH LA N 19058 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230015 2812 67TH LA N 19058 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230016 2816 67TH LA N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35119212a0017 2820 67TH LA N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35 1921230018 2824 67TH LA N 19058 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 3511921230019 2828 67TH LA N 19058 863.28-19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230020 2832 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230021 2836 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 35119 21230022 2840 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 35119 21230023 2844 67TH LA N 19058 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35119 21230024 2801 67TH LA N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 21230025 2805 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230026 2809 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230027 2813 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 35119 21230028 2817 67TH LA N 19058 863.28 19059 133.51 Multi Family R3, Unit Rate 35 11921230029 2821 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 35 11921230030 _ 2825 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 35 11921230031 2829 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 511921230032 2833 67TH LA N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 3511921230033 2837 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230034 2841 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230035 2845 -7TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230037 2915 -7TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230038 2919 167TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230039 2923 -7TH LAN 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230040 2927 67TH LAN 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230041 2931 67TH LA N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 511921230042 2935 67TH LAN 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230044 6670 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230045 6666 XERXES PLN 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230046 6662 -S PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230047 6658 -S PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230048 6654 XERXES PLN 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230049 0 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230050 6685 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230051 6681 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230052 6677 XERXES PLN 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230053 6673 XERXES PL N 19058 $ 863.28 119059 133.51 Multi Family R3, Unit Rate 351 1921230054 6669 XERXES PL N 19058 $ 863.28 19059 133.51 1 Multi Family R3, Unit Rate 351 1921230055 5 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35 11921230056 6661 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 511921230057 6657 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230058 6653 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230059 6649 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35 11921230061 6600 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 35 11921230062 6604 XERXES PLN 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 351 1921230063 6608 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 351 1921230064 6612 XERXES PL N 19058 1 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 3511921230065 6616 XERXES PL N 19058 $ 863.28 19059 $ 133.51 Multi Family R3, Unit Rate 3511921230066 6620 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230067 6601 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230068 6605 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230069 6609 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230070 6613 XERXES PL N 19058 $ 863.28 19059 1 $ 133.51 Multi Family R3, Unit Rate CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3511921230071 6617 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230072 6621 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230073 6625 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230074 6629 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230075 6633 XERXES PL N 19058 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230076 16637 IXERXES PL N 119058 1 $ 863.28 19059 133.51 Multi Family R3, Unit Rate 3511921230077 16641 IXERXES FL N 119058 1 $ 863.28 119059 133.51 1 Multi Family R3, Unit Rate 3511921230078 16645 IXERXES FL N 119058 1 $ 863.28 119059 1 $ 133.51 1 Multi Family R3, Unit Rate Total Assessments 1 $ 1,004,200.10 1 1 $ 273,260.64 d ^2 1 TTnIo !3319i >- / 3701 6931 No ELnnlfl[ 674 22 -03Co 'I'll ç 0001 90 0C IMQC 0001 1001 Ocel1001 l09 De 1101 61019109I 00j,1 joc 9109 10 0019 0g 6101 00/1 10191011 9019 Zoi c 9011\ttl 9011119 90/9 Q/ ljj 11/9to j1TH AVE N 1 8110 8111 1111 9119' 61/16/11 6111 0091 90 99 1 081 908 /091 9081 1091 o 3219 109 h19 1/91 LLJ 3301 819 1/89 ejec 6t9 3307 821 6181 PZ91 ?1 3313 3300 3301 00Cr /Q 19 -6734 6724 3307 9019 I0C t /NAVEN LU[I DREW AVE N C9)Ea)E In 0) 6)0) 9)a) C 9)0) ) 0/: > 6) 0) 2 2Cl 6) O 6) 6) U) . CL '2 -o)< E . co 0 CL 4) •0C 4)0 01 COcO4) 9) 0) 6) 6)o o 0 •0 0 - t 0_ /1 0 5 C 9)2 2 2 2IL a. IL CLOG 0 rwh) fir-i 0 I II I LIE LI LiiJLjLJ ci) a)Ea)>0 E (l)(l)(J) U. cn <I LJo S o 0 - -_J 0 IC) C 0 It, z + XBR ly of KLYN MEMORANDUM TER DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resident Survey Comment Update - Freeway Park Area Street and Utility Improvements, Project Nos. 2015-01, 02, 03 and 04 On December 18, 2014, City staff received verbal comments regarding the special assessment from a representative for the Spiritual Life Church at 6865 Shingle Creek Parkway. The representative's comments voiced concerns that they are a church, non-profit, tax exempt and assessments should not be allowed on a church; and that this is a second assessment for the property and the church cannot afford it. The Spiritual Life Church is located at 6865 Shingle Creek Parkway and is a commercial property zoned Cl. The property has frontage on 3 streets. This property had been assessed in 2008 for street improvements to Xerxes Avenue in the amount of $9,864.74; however, in accordance with the City's assessment policy, remains responsible for its share of assessments for Freeway Boulevard. Per the City Attorney, churches are exempt from ad valorem taxes, but are not exempt from special assessments. Other similar church properties have routinely been assessed for similar improvements throughout the city. No appeal or objection letters have been filed with the Clerk for this property. This information is included as Appendix B-Resident Comments and is an additional comment received subsequent to the January 12, 2015, council meeting which amends the project feasibility study. COUNCIL ITEM MEMORANDUM DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Hearings for 63rd Avenue Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2015-05 and 06, 63rd Avenue Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the 63rd Avenue Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on January 12, 2015. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2015-05, 06, 07 and 08. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2015-05 and 06. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the 63rd Avenue (west of Brooklyn Boulevard). The project was previously established by the City Council on March 24, 2014, by Resolution 2014-40. On December 8, 2014, the City Council received the project feasibility report and called for a public hearing to be held on January 12, 2015, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements - Full street reconstruction includes regrading, base preparation, installation of driveway aprons, bituminous paving, replacement of concrete curb and gutter, replacement of the south sidewalk, converting the sidewalk along the north side of the roadway to a 10' bituminous trail, replacement of street signs, and boulevard restoration. Traffic calming improvements are proposed at key Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I•1SIh[iJ I U I I Dh'4 L'A I WA [I] 1t1P1IJYA I locations including narrowing of the striped thru-lanes, "neckdowns" at the intersections, and enhanced crosswalks with medians. 2.Storm Drainage Improvements - Installation of new storm sewers, replacement of concrete curb and gutter, repair and partial replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes. 3.Water Main Improvements - Includes the full replacement of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. 4. Sanitary Sewer Main Improvements - Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines. II. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the 63rd Avenue project area. On November 10, 2014, the City Council adopted the 2015 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2015 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 59 residential properties that are zoned "RI ", 1 school property that is zoned "Ri", 1 church property that is zoned "Ri", and 1 commercial property that is zoned "C2". Special assessments for single family residential properties that are zoned RI were calculated at full unit assessment rates of $4,066 for street improvements and $1,220 or storm drainage improvements. Other special use RI zoned properties that are larger than the standard single family lot include 4801 63rd Avenue (Unity Temple Church of God in Christ property), and 6201 Noble Avenue (Odyssey Academy property) were assessed based on a frontage basis. The commercial property located at 6245 Brooklyn Boulevard that is zoned C2 was assessed based on an acreage basis. See the attached revised Appendix B—Final Assessment Roll and Figure 5—Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Public comments are included in the Feasibility Study (Appendix B). Subsequently, an additional public comment was received from a property owner on Halifax Drive (see attached Mission: Ensuring an attractive, clean, safe, inclusive connnunitj' that en/lances the quality of life for all people and preserves the public trust [I1IiIJ[iJ IUI I k' L'A I kTA [I) t1'ihI IiIJAi memorandum dated January 6, 2015). Currently, staff is not aware of any substantive objection and recommends approval accordingly. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1.Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2015. 2.From October 1, 2015, to the end of the business day on November 25, 2015, a property owner may pay the total assessment, with interest calculated from October 1, 2015, to the date of payment. 3.A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2016. The total principle will be payable in annual installments. Interest at 4.0 percent is paid on the unpaid balance. 4.Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2015-05 and 2015-06 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2015 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $4,545,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 8, 2014. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves time public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 AND 08, 63RD AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 24, 2014, authorized consideration of street, storm drainage, and utility improvements in the area generally described as "63RD AVENUE", more specifically described as follows: 63rd Avenue from Brooklyn Boulevard to the west city limit; and WHEREAS, the Council has received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on December 8, 2014, adopted a resolution setting a date for a public hearing regarding the proposed improvements for 63rd Avenue; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on January 12, 2015, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the January 12, 2015, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $352,816.30; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 201505, 06, 07 and 08, 63rd Avenue Street, Storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2.This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. January 12, 2015 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-05 AND 2015-06, 63RD AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required bylaw, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19060 and 19061; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Such proposed assessments, Special Assessment Levy No. 19060 for street improvements and Special Assessment Levy No. 19061 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2.Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2016, and shall bear interest on the entire assessment at the rate of four (4.0) percent per annum from October 1, 2015, through December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2015. After September 30, 2015, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2015, through the date of payment. Such payment must be made by the close-of-business November 25, 2015, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO, 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. January 12, 2015 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 OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 63RD AVENUE N RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-05 AND 06 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM 3311921410029 4706 63RD AVE N 19060 4,066.00 19061 $1,220.00 3311921410030 4700 63RD AVE N 19060 4066.00 19061 $1,220.00 3311921410047 4806 63RD AVE N 19060-4,066.00 19061 1,220.00 3311921410081 4906 63RD AVE N 19060-4,066.00 19061 $1,220.00 3311921410082 4912 63RD AVE N 19060-4,066.00 19061 $1,220.00 3311921410083 4918 163RD AVE IN 19060 4,066.00 19061 1,220.00 3311921410084 5000 63RD AVE N 19060 4,066.00 19061 1,220.00 3311921410085 5006 63RDAVE N 19060-4,066.00 19061 $1,220.00 3311921410086 5012 63RD AVE N 19060-4,066.00 19061 1,220.00 3311921410087 5018 63RDAVE N 19060-4,066.00 19061 1,220.00 3311921410130 4810 63RD AVE N 4,066.00 19061 1,220.00 33 1921420001 5100 63RDAVE N 19060 I ,. 4,066.00 19061 $1,220.00 3311921420002 5106 163RD AVE N 19060 -$ 4,066.00 19061 f $ 1,220.00 3311921420117 5330 63RDAVE N 19060 $ 4,066.00 19061 $ 1,220.00 331 1921420118 5324 63RDAVE N 19060 $ 4,066.00 19061 $ 1,220.00 331 1921420119 5318 63RD AVE N 19660 $ 4,066.00 19061 $ 1,220.00 331 1921420120 5312 63RDAVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921420121 5306 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921420122 5300 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921420123 5212 63RDAVE N 19060 -$ 4,066.00 19061 1 $ 1,220.00 3311921420124 5206 63RDAVE N 19060 -$ 4,066.00 19061 $ 1,220.00 3311921430045 5207 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921430046 5221 63RD AVE N 19b6o $ 4,066.00 19061 $ 1,220.00 3311921430047 5301 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921430048 5307 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921430049 5313 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921430050 5319 63RD AVE N 19060 $ 4,066.00 19061 1 $ 1,220.00 3311921430089 5323 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921440001 4811 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3311921440003 201 NOBLE AVE N 19060 $ 9,421.19 19061 $ 2,826.83 Special Use RI, Frontage Rate, 173.78-ft 3311921440010 4801 163RD AVE N 19060 $ 9,252.04 19061 $ 2,776.08 Special Use RI, Frontage Rate, 170.66-ft 3311921440011 4921 63RD AVE N 19060 $ 4,066.00 19061 $1,220.00 331 1921440023 5001 63RD AVE N 19060 -4,066.00 19061 $1,220.00 33 1921440036 4901 63RD AVE N 19060 -4,066.00 19061 $1,220.00 331921440049 5015 63RD AVE N 19060 -4,066.00 19061 $1,220.00 3411921310047 6301 INDIANA AVE N 19060 -4,066.00 19061 $1,220.00 341 1921310100 6300 INDIANA AVE N 19060 4,066.00 19061 1,220.00 341 1921320043 4606 163RD AVE N 19060 4,066.00 19061 1,220.00 341 1921320044 4530 KATHRENE DR 19060 -4,066.00 19061 1,220.00 341 1921320057 4512 63RD AVE N 19060 -4,066.00 19061 1,220.00 341 1921320058 4506 63RD AVE N 19060 -4,066.00 19061 1,220.00 3411921320066 4306 63RD AVE N 19060 -4,066.00 19061 1,220.00 3411921330045 4501 63RD AVE N 19060 -4,066.00 19061 $ 1,220.00 3411921330056 6242 MAJOR AVE N 19060 -. 4,066.00 19061 1,220.00 3411921330066 6242 NOBLE AVE N 19060 $ 4,066.00 19061 1,220.00 3411921340094 6243 FRANCE AVEN 19060 -$ 4,066.00 19061 1,220.00 3411921340113 4213 63RD AVE N 19060 -$ 4,066.00 19061 1,220.00 3411921340114 4207 63RD AVE N 19060 -$ 4,066.00 19061 1,220.00 3411921340115 4201 63RD AVE N 19060 -$ 4,066.00 19061 $ 1,220.00 3411921340116 4113 63RD AVE N -$ 4,066.00 19061 1,220.00. 3411921340117 4107 63RD AVE N 19060 $ 4,066.00 19061 1,220.00 3411921340118 4101 63RD AVE N 19060 $ 4,066.00 19061 1,220.00 3411921340119 4019 63RD AVE N 19060 $ 4,066.00 19061 1,220.00 3411921340120 4013 63RD AVE N 19060 $ 4,066.00 19061 1,220.00 3411921340121 4007 63RD AVE N 19060 $ 4,066.00 19061 ,, 1,220.00 3411921340122 4001 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3411921340123 13913 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3411921340124 3907 63RDAVEN 19060 $ 4,066.00 19061 $ 1,220.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL January 12, 2015 2015 63RD AVENUE N RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-05 AND 06 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3411921340125 3901 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3411921340126 3813 63RD AVE N 19060 $ 4,066.00 19061 $ 1,220.00 3411921420007 6301 BROOKLYN BLVD 19060 $ 4,066.00 19061 $ 1,220.00 3411921430004 6245 BROOKLYN BLVD 19060 $ 13,727.23 19061 $ 2,938.93 Commercial C2, (A) 21,546.43 Sf, (B) 0 sf Total Assessments 1 $ 272,294.46 1 1 $ 80,521.84 i.4 açt 2 FRA t000 LuOP CLOP MO R Co LUCL ae cup NO CtZO VA JUNEVEN 4306 SHORE LLJE; EF LE AVE N 1 ?ISO OR AVE N JAVLN LE E N AIMNOB LLI 1RDAVENj 71J 4M01 6310 TP RJ 4906 z 4912 492, LU El 6000 E4 Th1ii __ - -L 4±LLLLLJ -i LL -- ______ Il NAV1NROR II5t ___ -- I )L j-T U-i N sCTTAVEN < 5206z 5207 111 53 fi3oi- It ::ig 111th H -Ti H tm N iOd UX JOOJG JO AV30 cm Th LC) C("1> Ca)Ea)>0 ('3 Eo Ci) I .(I) a) Ca)> -c Cl)(0 Ldo LQ 0 c X(, OFNrFR of MEMORANDUM LYN DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resident Survey Comment Update 3id Avenue Street and Utility Improvements, Project Nos. 2015-05,06,07 and 08 Please see the attached email dated January 5, 2015, from a property owner on Halifax Drive with frontage along 63 Avenue. This information is included as Appendix B-Resident Comments and is an additional comment received subsequent to the January 12, 2015, council meeting which amends the project feasibility study. In response to the residents' concerns and alternate proposal, the attached information (see email dated January 6, 2015) was provided that considers the issues/proposal; however, continues to recommend inclusion of a boulevard. Mike Albers From: Mike Albers Sent: Tuesday, January 06, 2015 4:01 PM To: Cc: Steve Lillehaug Subject: RE: 63rd Reconstruction Concerns and suggestions Dear Steve Olson and DeLores Olson: Thank you for your email regarding the proposed street improvements for 63rd Avenue dated January 5, 2015. In response, we offer the following: While we very distinctly understand the maintenance issues with a narrow boulevard between sidewalk/trail and the roadway, the pros of including a boulevard provides benefits that typically outweigh the cons. Benefits of a boulevard include the following: o Provides a safety buffer between the trail and the roadway and parked cars (e.g. parked cars/doors opening directly onto the trail without the safety boulevard) • Provides snow storage area • Provides adequate area for traffic signs • Provides the needed distance to transition from the roadway surface, up 6-inches (curb height) to the trail. Without this boulevard distance, the trail would need to drop down at every driveway location to accommodate the elevation drop between the full curb height and driveway opening, which is not desirable. While there are some trails in the City without boulevards in certain locations, they are typically only used in extreme circumstances due to restrictions with easements and or other obstacles. The City allows the use of a privately-owned irrigation system installed in the boulevard. On past projects, the City has worked with homeowners who own irrigation systems to install conduit across the trail/sidewalk area so that sprinkler heads may be installed in the boulevard. As part of the requirements in using a portion of the "gas tax funding" for this project, certain design criteria must be maintained. At a minimum, a 2-ft boulevard (clear zone) is required per these required design criteria. While other treatments could be used in lieu of sod/turf in the boulevard area, the width of the area makes other alternatives such as paving the area, porous concrete, etc. very expensive and not very feasible. Currently, snow removal on the 5-ft sidewalk is performed by a V-plow and/or snow blowing when necessitated. With the conversion to a 10-ft trail, snow removal would continue to be removed similarly by using a V-plow on a pick-up vs. the narrower sidewalk plow. Respectfully and considering all the pros/cons, we continue our recommendation to install a 5-ft boulevard (5-ft minimum and wider in some areas) to match what is currently along 63rd Avenue, to minimize project cost, to meet the requirements for the clear zone and to provide separation for pedestrians. As you are aware, a public hearing to consider ordering the improvements will be held at 7 p.m. on Monday, January 12, 2015, in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway. Your email will be passed on to the City Council prior to the public hearings on January 12, 2015, for the 63rd Avenue Reconstruction Project. It is recommended that you attend the public hearing for this project to outline your concerns/suggestions to the City Council if you so desire. Upon completion of the public hearing, the City Council will consider all the public comments as part of the project approval process for the improvement hearing. If the City Council orders an improvement project at the public hearing, the City Council will determine what design elements (sidewalks/trails, street width, traffic calming, boulevards etc.) should be include with the project. Again, thank you for your concerns and suggestions. Please contact me at 763-5693340 if you would like to discuss this further or you have any other questions. I look forward to seeing you at the public hearing. Sincerely, Mike Albers, PE City of Brooklyn Center I Project Engineer Engineering: 763.569.3340 1 Direct: 763.569.3326 I Fax: 763.569.3440 From: Public Works Sent: Monday, January 05, 2015 8:15 AM To: Mike Albers Subject: FW: 63rd Reconstruction Concerns and suggestions From: S. 0. [] Sent: Monday, January 05, 2015 12:17 AM To: Public Works Subject: 63rd Reconstruction Concerns and suggestions Regarding the proposed changes to 631 Avenue North, I have several concerns and an alternative proposal. See attached picture. My concerns: Maintenance - Because boulevard grass is difficult to maintain, most of the current boulevard is unsightly. Road salt and sand build up on the boulevard, contributing to poor soil for grass. Watering grass on the boulevard is problematic, since either a garden hose or water from a sprinkler would need to cross the sidewalk. Placing a 10-foot bituminous path between the boulevard and the main yards increases the distance by five feet, making maintenance even more challenging. The city likely would oppose a privately-owned irrigation system installed on the boulevard. Snow Removal - Many homes on the north side of the street have driveways that intersect 63'' Avenue. This makes snow removal quite difficult. Most snow on the sidewalk and driveway apron must be moved to the north side of the sidewalk. Limited snow can be piled on the boulevard; the snowbanks eventually get too tall and begin to spill onto the sidewalk and the parking lane. Tall snowbanks on the boulevard also limit visibility when trying to enter the street from a driveway. Doubling the width of the current sidewalk, while maintaining the five-foot boulevard, will complicate these issues. My proposal: 1).Narrow the street as planned. 2).Remove the existing sidewalk and build the new 10-foot bituminous path adjacent to the curb. 3). The 5 feet of boulevard grass can be restored to each homeowner's yard. I believe the additional five feet of buffer between homes and the bituminous path will provide several benefits to homeowners. Walkers and bicyclists would be five feet further from homes, reducing noise and adding some extra level of security. Children and pets would have additional space in their yards for play and exercise. (The current boulevard is unusable as yard space.) Regarding snow removal, the city does a fine job keeping the streets and sidewalks clear. I don't know if the city intends to clear the entire width of the 10-foot bituminous path, as I anticipate a significant drop in usage during the winter months. My proposed additional five feet of yard would provide adequate space for the extra snow from the wider path. If the trail is not plowed to full width, then focusing the snow removal on the area of the trail nearest the street increases visibility for entering 63rd from driveways and streets (eliminating the boulevard snow mounds). Thank you, Steve Olson (son), on behalf of DeLores Olson (property owner), 6301 Halifax Drive Brooklyn Center MN 55429 YPICAL SECTION EXISTING TYPICAL SECTIONNORTH SOUTHROW 66' OW it 5' 5' 441 j F-F 51 5' WALK BLVD BLVD WALK14' 14' 8'- N-SHARED LANE LANE SHARED PARKING/ PARKING/BIKE LANE BIKE LANE y 6618 CONCRETE -------------- CURB & GUTTER PROPOSED TYPICAL SECTIONNORTH SOUTHROW 66' OW 10' 5' 38'F-FJ(MIN. PER MSA) 5' 5'1' TRAIL BLVDBLVD WALK8' 11' 11' 8' N-SHARED LANE LANE SHARED PARKING/ PARKING/BIKE LANE BIKE LANE 5 . V. B618 CONCRETE CURB & GUTTER HOMEOWNER PROPOSALNORTH SOUTHROW 66' OW 2'' 10' 38'F-F](MIN. PER MSA) 5' 5'da 1' BLVD 'TRAIL ' BLVD WALKGRASS 8' 11' •11' 8' SHARED LANE LANE L PARKING PARKING/BIKE LANE BIKE LANE B SHARED B618 CONCRETE CURB & GUTTER LVD grassgrass moved to become 8 foot Safety zone betweenusable part of Homeowners yard. moving cars and trail users. City Council Agenda Item N0 lOa COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manaer J,1 FROM: Sharon Knutson, City Clerk DATE: January 6, 2015 SUBJECT: Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Recommendation: Mayor Willson requests that the City Council ratify the nomination of Dan Ryan as Mayor/President Pro Tern. Lin Myszkowski would serve as Acting Mayor/President Pro Tern. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tern who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tern, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. • Dan Ryan (first elected November 7, 2006) • Lin Myszkowski (first elected January 24, 2012) • Kris Lawrence-Anderson (first elected November 6, 2012) • April Graves (first elected November 4, 2014) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4.Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5.If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the. City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center 4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92-262 Ca RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tern may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tern who shall serve in the absence of the Mayor and president pro tern. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tern. BE members have received the November Date IT FURTHER RESOLVED that in the event two or more equal seniority, then that member shall preside who most votes in their most recent election. 23, 1992 Todd Paulson, Mayor ATTEST:—91-tza I 'n'. Deputy Cierkpa-g^-- The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Coiinci1 Agenda Item N0 lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk /( DATE: January 6, 2015 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and RESOLUTION NO WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1.To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2.To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3.To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4.To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 12, 2015 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 Couch Agenda Item No. ilk COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I'MAW1 KyWjA_1't'j ( DATE: January 6, 2015 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2015 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2015: Council Member Lin Myszkowski Kris Lawrence-Anderson April Graves Lin Myszkowski April Graves Kris Lawrence-Anderson Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Tim Willson Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Ad Hoc Youth Advisory Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Background: At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2014, Council Members were appointed as follows: Council Member Kris Lawrence-Anderson Carol Kleven Lin Myszkowski Lin Myszkowski Carol Kleven Kris Lawrence-Anderson Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Dan Ryan; Carol Kleven - Alternate Tim Willson Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Ad Hoc Youth Advisory Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Budget Issues: There are no budget issues to consider. City Council Agenda item No. 10 d kI1iJ(I U U'A I Jt11I WWJI DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs Recommendation: It is recommended that the City Council consider approving first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs and setting second reading and Public Hearing for February 9, 2015. Background: City Code Sections 1-250 through 1-300 set forth definitions and procedures for potentially dangerous and dangerous dogs. Section 1-270 (4) provides that the owner of a dog that has been declared potentially dangerous or dangerous may contest and appeal a decision requiring a dog to be sterilized in accordance with the procedures set forth in Section 1-255 (5) (a). Minn. Stat. § 347.52 (d) does not provide an appeal for a dangerous dog. In order to avoid potential conflict, the City Attorney has recommended to limit the appeal process to potentially dangerous dogs. In March 2014 the City Council amended Section 1-255 (5) (a) and 1-260 requiring a hearing fee to contest and appeal the potentially dangerous or dangerous dog declaration or review of the declaration. The City. Council also adopted Resolution No. 2014-43 setting the hearing fees for the contest of the declaration or review. Inadvertently, a hearing fee was not established for the contest of the sterilization requirement. The hearing procedures to contest the sterilization requirement are the same procedures as to contest the potentially dangerous or dangerous dog declaration. A representative from the City Attorney's office serves as the moderator for the hearings, and the City pays the attorney fees for these services. An ordinance amendment is attached that would add language to require a hearing fee and also clarify the timelines and procedures for an owner to contest and appeal a decision requiring a potentially dangerous dog to be sterilized. The amendment also includes language to return the hearing fee if the Animal Control Review Panel overturns the sterilization requirement. A DRAFT resolution is also attached that would establish a hearing fee for a contested sterilization at $250 (the same fee set to contest a potentially dangerous or dangerous dog declaration). The resolution would be considered if the Council adopts the ordinance at its second reading and Public Hearing. Budget Issues: Since there is currently no hearing fee collected for the sterilization contest, the hearing fee would reduce the cost the City pays related to a potentially dangerous and dangerous dog hearing. Strategic Priorities: e Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive comnwni(y 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 9th day of February 2015 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO POTENTIALLY DANGEROUS AND DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 1-270 is amended as follows: Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS ADDITIONAL REQUIREMENTS, 4. Sterilization. The Animal Control Officer shall require a potentially dangerous or dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days of receipt of notice of intent, the Animal Control Officer shall have the animal sterilized at the owner's expense. The owner may contest and appeal a decision requiring a potentially dangerous dog to be sterilized in accordance with the procedures set forth in Section 1-255 (5) (a). Such request must be made in writing and delivered to the City Manager within 14 days of receipt of notice of registration. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. In the event that the sterilization requirement is overturned, the hearing fee will be returned to the owner. ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY FEE SCHEDULE TO ADD A HEARING FEE FOR POTENTIALLY DANGEROUS AND DANGEROUS DOG STERILIZATION REQUIREMENTS WHEREAS, on September 27, 2004, the City Council of the City of Brooklyn Center adopted Resolution No. 2004-132, which established fees for potentially dangerous and dangerous dog registrations; and WHEREAS, on March 24, 2014, the City Council of the City of Brooklyn Center adopted Resolution No. 2014-43 , which amended the City fee schedule to add hearing fees for potentially dangerous and dangerous dogs declarations and declaration reviews; and WHEREAS, on February 9, 2015, the City Council adopted Ordinance No. 2015-XX WHEREAS, Section 1-270 (4) of Chapter 1 of the City Code of Ordinances provides that the City Council will establish a hearing fee by resolution for a dog owner who in writing requests to contest and appeal a decision requiring a potentially dangerous or dangerous dog to be sterilized; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following hearing fee related to the contest and appeal of a decision requiring a potentially dangerous or dangerous dog to be sterilized is hereby established and must be paid prior to scheduling the hearing: Contest Sterilization Hearing Fee $250 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall be effective March 21, 2015. February 9, 2015 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 Hem No. iOe City Cotililcil Agenda Item No. i©e #1 I1II[iJ IRI1;UI'A(SM1tIJiiJII DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jOdAN^^"&^ SUBJECT: Type IV 6-Month Provisional Rental License for 4200 Lakebreeze Ave 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 4200 Lakebreeze Ave. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a 1 building, 4 unit multifamily property. This property qualifies for a Type IV Provisional Rental License, based on 16 property code violations (4/unit) found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV 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: 05-14-2014 The Owner, Shoua Yang, applied for an initial rental dwelling license for 4200 Lakebreeze Ave, a 1 building, 4 unit multifamily residential property. 05-22-2014 An initial rental inspection was conducted. 16 property code violations were cited (4/unit), see attached rental criteria. 06-30-2014 A second 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. 09-02-2014 A Mitigation Plan was submitted. Mission: Ensuring an atlractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust jj^^1111111111 111111111111 1111111111 1111111111111111111111 01-05-2015 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. ]klissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for at! people and preserves (lie public trust 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 cominunitj' that enhances the quality of life for al/people and preserves the public trust Property Code and Nuisance Violations Criteria --d'License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) -- Type l-3 Year 1-2 units 0-1 Type 11-2 Year [j units Greater than 1 - - but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3± units Greater than 1.5 but not__more than 3 Type IV - 6 Months 1-2 units Greater than 8 3± units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of its Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 ..--------.- 0-1 Impact 374 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units Greater than 0.25 but not more than I 5 o more units Greater than 035 but not more than 0.50 iWissioji: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for al/people and preserves the public trust EIiIJ[iLIiI*YA Decrease 2 J12 Greater than 3 Categories 3-4 u'-m* t 81 Greater than 1, 5 or more units JGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring on attractive, clean, safe, inclusive community ii at enhances the quality of life for all people and preserves (lie public trust 1 Type IV Mittion PI RGv ii1611Page r '1 ::1:h1t 1i(urCflflie Free Bo:,m DkitcC PmcellI .1 C 1tSw .Ae :ntatid iktfl iro hnt rccod'The Brook]yn met Poto Department bite Scheduled Fuday, Sptmher 5fli 2014 impi omnt to b completed by 2& 5 Fhascffl77 1 iI1 attend rninimurn of 50% f the ARM meetings (twc). 1 will attend t46 ARM rnee1ing scheduled £or SIthrther 1i:614 & áir;132O14 Do the. two meeting datcs occur before the *hndlng 7p fl'Lsmt expiration date' Ys LI No (&?SectibnA) It-Do I You will only be able to ttm1ify;for a Type IV Rentitl Lieense upon renewal I vyi lt1i. no i.pca1 code orations prLvlously documented wthw the pastedr For properTiesithjw gr rnort wilf5: L.L_Ji i wi ir conduct resident trainiriannüaly Iliaf nc1uds crime pceyehtion tec1mique. E/1 r wiij hoid gulr reidrn tins Bsd On cOndition and. ages estimated replacrienduies re.iO"ided for common npital items Fwdirig should be considered ac.coidingly. However, items broken worn or otherwise in violation prior to the estithated rc.nr,'.mnnt As1t ,iIt rflhhIITrC rtsrr,'rI Date LastReplaced Estimated ReplacenientDat._________912020 - War Hetitr- A.O5rnt,h Prd?4axPu, ModFCG-Th-27O 414'J$2004 ,Not trRefOgaratars:20 131 pill r-2028/2020 LaundryAppliances-rid ii adCm1rh Coimh Vilil rep1aes ned-d -PainUSiding fascia, ttm VaidovNWIflW? Ofl 1ilflrt11OOt - (j,1ac __________________________________ aura it 1r:20L nJ flror; 20t82011 ure 2flW202Qpr Inpore m a te 1ne cri praprly m6il, si,mrnr 2016 Sure summr 2020 - tot SIJrO u42022 Smoke A1arin&Carbciü MoOoideAlarm oiJuae2014/othr0i3 6}2023 Implementing th lolk ing bt practices ma acsistin the management f your pmrert' 1y diking (lie Ijoxcs beIo yinugre-e u: ILJ i it /1 2. Drive b,V, property to thick for violaLins twicO a imrnh, Page 7 Type IV Mtigatlon Plan Rev 114€-Il M 3, l5vict teiints n voIaton o(tho leie md all addondums. - 4 Pro-vide lwwn/sttow service. 5. l'ro'vidc phage servce[Ti 6, Instal I security systeim1 /1 7. Provide ninintenance service pian for appliances, Name of service co:_- -- -- L,LJJ 2. 1 cm and will remah-i ciiront on payment of Utility fees,tas iseiits fines, penolUcs and other financial claims due to the City,1T1 9. Other(s): l'k.ase read troughly Ifthc Type IV RntoL License is approved by the City Council, the Licensee must comply with th provd Mitigation Plan and all applicable oty codas. No later than the lO of each calendar .mazith 1 the Iieenee must submit to the J3uilding and Community Standards Dprtn1e1t a written report decrbing all steps taken to comply with ilie Mitistion Pkrn. I vrl1' that all information provided iibove is hue nnd aceui'ate I undersand thai if I do not ceuipy with an approved Mitigation Plan, comply with all applicable ordinances within the license prlod, or operate beyond the license expiration date; enforcement actlois sucb ps citations, format complaint or license review may resu1t S h o u a Yang Owner or Agent Name find Title (Nemg Prht!) Ongitiire Date Additional Owner or Agent Name and Title (ifapplicable) (Please Print) Additional Owner or Agent Snainre (pptwrbfe) Date ' •J) r iek Police Deprtnient I Title 1i T1i\2 i-ft d1 &1_!E7iTi page / / Jd Imti ( Dee I Type IV Mitigation Rian Rev 11-1641 City Council Agenda Item No. iOe #2 COUNCIL ITEM MEMORANDUM DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^WA4AJO-^ SUBJECT: Type IV 6-Month Provisional Rental License for 7106 Halifax 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 7106 Halifax Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License, based on 27 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV 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: 07-16-2014 The Owner, Rodney Jansen, applied for an initial rental dwelling license for 7106 Halifax Ave N, a single-family residential property. 07-23-2014 An initial rental inspection was conducted. (27 property code violations were cited, see attached rental criteria) 08-29-2014 A second inspection was conducted and failed due to no access to the property. A $100 reinspection fee was charged to the property. 09-15-2014 A third inspection was conducted and failed, tenant stating they were not informed of the inspection. A $100 reinspection fee was charged to the property. 10-23-2014 A fourth rental inspection was conducted and failed, two items remain. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (itist EIiSJ[iJ:1U I I*'A 11-14-2014 A fifth inspection was conducted and passed. 11-14-2014 $300 reinspection fee was paid. 12-4-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-11-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 (JU(llity of life for all people and preserves the public trust 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. 4'Iiss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves lii e public trust 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 e1j (Based on Property I Inspected Unit Code Onlv I - Type 1-3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units 0-1 3+umts 0-0.15 1-2 units Greater than 1 but not more than 4 1-2 units Greater than 4 but not more than 8 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) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IiIJ[SJ IS U;ak'A U'AlikA(S) 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 Category 3-4 units Greaterthan 0.25 :butnot 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: o Vibrant Neighborhoods Attachment - Mitigation Plan T'Iiss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fbr all people and preserves time public trust AAWOW City of Brooklyn CenterMr MOW 6301 Shingle Creek Parkway Brooklyn Center MN 55430-2199 08 C to ?t74Phone: 763-569-3300 TTY 711 Fox. 763-569-3360 www.cityofbtook/yncen(er.org Rental License Mkigation Plan—Typo IV Rental License Handvdtieiip1anc will not lie accpIetL Pkase type or u.sefihlabTh form on City webske. Section A— Property Information PropexlyAdchcss:7106 hahiax ave north Brooklyn center rnn 55429 Owner Name: Rodney J a nsen -Local Agent: OwnerAddrs: 2560 lakewood lane mound nrn 55364 Agent Address: Owner Phone:g5377920 Agent Phone: Owner E=1 rod ansenyahoo.com Agent Email: Rental License: trEl New [1 Renewal:Current License Expiration l)atc:____________ *peading Type W License Exp. Date:________ (Stx 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 conidcrcd 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 sbould indicate the steps being taken to correct identified violations and the measures that will be taken to ensurc ongoin g compl ance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity LO 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 acd6ns. Section B— Required Doc u ments Submit the following documents with the Mitigation Plan for approval: 1" I t Crime Erce Housing Program Training Certificate (if comp)eted, if not completed, please include LIJ 2. scheduled date in Section C. Copy of Lease including Minnesota. Crime Free Housing Lease Addendum [1 3.Submit written report by 10" of each month (after license approval). Section C— Crime Free Housing Program Requirements hae I LJ 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested. EZ—J3 . Pursue the eviction of tenants who violate the terms of the lease or any addendums. Pn' 1 Tvnp IV MitItinn Ptan Rpw 11 .i.-1 I 4. Attend Free Housing course. Date COUn3e Completed: or Date Course Scheduled: Phase n Complete Security Assesament and implement all security improvements recommended by the Brooklyn Cent Police Departmcnt. Date Scleduled 1) ' \ 1I Improvements to be phase 111'Jl wilt attend a minimum of 50% of the ARM meetings (two). I will attend the ARM xnectings scheduled for.- nCh 12 2015 &fl13Y14.2016 Do these two mcetirg date occur bc'ore the PemIing Ttpo lVLicenra expiration date? [Eyes (I] Nø (*See Section .4)11 no you will only be able to quality for a Type W Renta License upon renewal. LJ J will have no repeat code violations previously documented within the past year. For prpr1k ,i*Jijour or more units LrJi I will conduct resident training annually that includes crime prveti6on techniques.11 I will hold regular resident meetings. Section 1)— Lontz Term Canital Imvroveinents Plaii I Based on condition, and age, estimated replacement dales are provided for common eapilal items. Funding should be considered accordingly. However, items broken, worn or othet-wLce in violation prior to the estimated 1aamrr date will reanim earlier rreotirrns. Date Last Replaced Estimated Replacement Date Furnace/AC-03/01)2009 03101)2020 Water Healer-10/1014 IOt1C/2020 Kitchen Pppjices- -06/06/2014 --016/0612020 Laundry Appliances-0110112014 0110112020 Exterior -Paint/Scling, fiscia, trim -Fence 08115/2014 - 0811512020 11/01/2014 11111/2030 07/1512014 J 0110112030,_ 0110112009 01(0112030 -Shed none -Garage_________ -Driveway_________ -Sidewalks 0110111982 01101/2040 06/05/2012 011012030 05/0612040 Smoke Alarms & Carbon Monoxide Alarms - 0810812017 Other(s) ' 03/08/2014 Section E - Stes to Immove Manateniemt and Conditions of Property Implementing the following best practices rosy assist in the management f your property. By chedthg the boxes biow, you agree to F 1. Check in with tenants every 30 days. [[1 2. Drive by property to check for violations twice a month. Tune flI Mithtinn Plan flev 11-1 -1 1 ;7 3. Evict lenOnts in violation of the lease and all addendums. 87 A. Provide lawn/snow service. t/ 5. Provide garbage service. 6, Install security system. rvice master plan [±'i 7. Provide maintcnance service plan for appliances. Name of service co.: ______ __________ ILi.J1 & I =and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims dun to the City. __ 9. Please read thnroughly if the Te IV i.ental License is approved by the City Council, the Licensee must comply with the epprovd Mitigation Plan and all applicable city codes. No later than the 10"' oreach calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken, to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that ill do not comply with an approved Mitigation Plan, comply with. all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result Rodney Jansen owner Owner or /gent Name and Title (Please Print) 12102014 or Date Additional Owner or Agent Name and Title (fappJicabla) (Please Prim) Additional Owner or Agent Signature ([applicbkt) For C 1' Use-- ii triun p;u, :\pprt d Z2 Police Department / Title Standards Department/ Date DIe / Date City Council Agenda Item No. H #3 EIIJJ[$WIIDE'AUi I DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 36,4A4vt -)^ntz6N/^- SUBJECT: Type IV 6-Month Provisional Rental License for 1320 68th Ln 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 1320 68th Ln. 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 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 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: 05-15-2014 The Owner, Rachael Omao, applied for renewal of the rental dwelling license for 1320 68th Ln, a single family dwelling. 06-17-2014 An initial rental inspection was conducted. 18 property code violations were cited, see attached rental criteria. 07-31-2014 The previous rental license expired. 08-22-2014 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. A'Iission: Ensuring an attractive, clean, saft, inclusive conunuility that enhances the quality of lift, for all people and preserves the public trust [EiiI[ii IU:IEIk4 09-17-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was incomplete with missing information. Staff called and left a voicemail for the property manager. 09-23-2014 A phone massage was received from the property and a return message was left for the property manager. 11-04-2014 A $300 administrative citation was issued for operation without a rental license and a $125 administrative citation was issued for failure to submit an acceptable Mitigation Plan. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A $600 administrative citation was issued for operation without a rental license. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. 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 Mission: Ensuring an attractive, dean, safe, inclusive colninliluty that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 0308-10 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 coinnuwity that enhances the qU(llity of life for all people and preserves the public trust [iIiIk'EIJIfl VtthYA LU{I)tUUJiSJi 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 (Based on Property I Inspected Unit V Code Only) Type l-3 Year Type II —2 Year Type III - 1 Year Type IV —6 Months 1-2 units 0-1 3+ units 0-0.75 1-2 units Greater than 1 but not more than 4 3+ units Grcater than 0.75 but not more than 1 an-_--- 1-2 units I Greater than 4 but not more than 8 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [n.lJc1s Decrease 1 1-2 Greater than 1 but not more than 3 - Category 3-4 -units Grèaterthan 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: o Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive coininunily that enhances the quality of ¶e for all people and preserves the public trust City of 13rooklvn çnter fl 5301 Sh leCreet Prkv.v ic: ;-3 rOdOV1I center, MN 5500-2199 iJfb1)kTQ 1 Rental License Mitigation Plan--TN T\' Rental License ifwifwrThen plrns wilinot 1;p accepted PJase (vipe or iise'Ji/lable/oriV oij City'ehsiio. Section A— Prop rnatifl Property Addrcss1 320 6tI1 La N. Brooklyn Center, MN 55430 Owner W11111e.. Owner Addresr Agent Addre: 12671 Radisson Rd NE, Blaine, MN 55d ,19 Owner Photie: 7634327662 Agent Phone: Owner naiI:ckeriaoo@comcast net AOtEa Rental LicenSc DNCWEIRO{u3WOh Current License xpiiat nL)g1e___________ -!:PL nding Type IV Lieense E,-,p. Date',]1!2LJJISI .j rnmthsficiiii aurrenL lkeutce' e.rptrgJ. Based on propetty conditions and/or validated pulke mt once incidents the abve .need propty qualities for u Type IV Rental Icenso. Befhre your license nppicntiOI1 can he. consideied bythaCityCouniI, o Milignkm Plan most be completed end reviewed by Citysthrf. A thilycomptoted Miiigcition Plan must he rhiltted itumed lately to cosure timely crmipletion of the license application process. The Mitigation Plan should indiote the steps being iukn Lo correct identified violations and the measures that will he token to en-Sure ongaino eempjje with Chy Ortlinanees and upplkable Cade The MiLiation Plan provides an opportunity to review property concerns and 3dentiy possible sotuLiens to impmve the uverall conditions and management of the property. NOTiCE Time is Running Oul--Yoti mutt TAKG ACTION NOW jp nrder to meet all the city ordinance and MiLigntIon Plan requirenients within this pending license period and avoid legal actions Section —.Required Documents Submit the Following doe u nWilts with the Mitigation Pku for apprnvah L Li I. Crime Free Housing Program Thilning Certificate (if completed if not completed, please inchide I' schedukd date in Section C. 2r Copy of Lease including Minnesota Crime I'rce HousirW i-ce-so Addendum U4 j 3. Submit written report by IOII oleach month (after license approval). Section C— Crime Free.[jousrn& Progrtm Requiioients ._.JIia I. Use written lease including Crirn Free liotmsing Lease Addendum. 2. Conduct criminal background check for all prospectiVe tenants. Provde dOcumentation to City if ruested. LIJ.puistie the 0ition of rt-ijarits who violate the terms of -the ieaseormiyaddetithmi. Pe 1 Type lv Witiatlon Plan "Rev 11.1641 E2 4 Attend Chy tipprov icight hour Crim rc Housing course. Date Course Completed: or Date Course Scheduled; i(2O14 [ Complete Smtrity Assessment and implement. all seourity imprevments rccomirierided by the Brooklyn Center Police Depaitment )hprovemenls Co be cnnipkted byDate Sehctiied:I / i Phase 1111 T/ I will atlend a nlmirnuTrt of 50% oithe ARM meetings (twcf I will attond the Aih1 netings scheduled bi & OThl Do those Iwo meeting dotes occur before the Pending 2)rpe 1VLkwe cxpfratio n date? Yes i No (&e &iA) ir no, you will only be able to qualify for a Type IV Rental License upon renewal. E;Q will have no repent cede viol ppreviôusly documented within the paear, For propeiweswithfbu r or inor L_JI I will cndut resident training ormualfy that includes crime prevention techniques. .1 will boW regular reside -tit mcethi. * Section 0 - Long TerCapital fiiijir oYemeitts Plan Bowdon condition and ago, estimated reptncement dates are provided Ir common capital items. Funding shoold be conside-red accordingly, However, items broker, worn or othet -wise in violation prior to the estimated replcemiUdw will ruire earlier corrections. Date Last Rcpacd Estimated 2028 Water Water- 2012 2024 }<iiclum Appliances--200 Laundry Appliances- E1erior HOA Is rot,pcimfl)lr,________ HOAiporiIbt-PiintfSidbig ftrscl. trim HOAarpsiet --Roof FfOApaqabIa - -Shed -Garage Smoke Alarms & Carbon Mono 'de Alarms 2014 2020 Section E Steps to Improve Ma emmit and Conditi ns of Properf), ln'ipIeientin the b1lowing best practices niuy assWill the management olyour property. By ciweking the boxes hdon yoe agree to: . in with temms every 30 days. 1 1 2. Dive by property to check br violations twice a month. Page 2 Type IV Mitigation Plea Rev 11-15-11 3 Evict lCnants in viokition of the lease mid all addenthims. ______ el-. Provide lewn/siiciw service, 5. rcwide garbage erviee. laslait security system. 7. Provide tnointenancc -sprvico plan for oppances. Name of service ce,: ______ JLJJ 8. 1 aill and will remain cOn -Ont on payment of utility taxes, tlsses&nents, tines, pmialties and oUter lionadni claims dtFC to the City. Lle read thoroughly: If the Type lv Rental Licse is epprovd by the City Council. the Licensee must comply with the approved Mlignticn Plan and all opplicabte city codc.. 1'le Inter then the 10 of each eakidar month, the liceusec must submit uc the Building and Community Standards l)epnrtment a wrkien report describing OR &eps taken to comply with the MRhntion Plan. I vatify that nil informal iout prrlded above is ErLie and accura1'e .1 understand that ifl do not comply with an approved Mitigation Plan, comply with all applicable ordinances ivithirithe hiense period, oroperte beyond the license expiration date: enforcement actions such as citations, formal comp]atntor license review may result. Cyrus Keriago Owner or Aen1 Name and Title jPkare Priod Owner or Auit natun Daie Additional Donor or Atent Manic and Title (ifjp?icth/eJ (P/core PrThi) Additional Owner or Aet Sgnature (ljopp!icahlc) I)ale LØ_'___Po]uceDeperinient/Title Date. 13A N1 Cds5ty lU uiards Depnrtnmni/TItl J) t / Page 3 Type IV Mitigation Plan Rev 1116l City Comlilhlcili Agenda Hem N©0 i(fte #4 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J 110-Im- Krv;6^ SUBJECT: Type IV 6-Month Provisional Rental License for 5700 Camden 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 5700 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Provisional Rental License based on nine (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: 02-12-2014 The Owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave N. a single family dwelling. 03-04-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-07-2014 A second rental inspection was conducted and failed. 04-23-2014 A third rental inspection was conducted and failed. $100 reinspection fee was charged to the property. 05-31-2014 The previous rental license expired. Mission: Enswing an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [SI]JJcIJ ifl:li;M:II[IM1fl1O'A1 06-05-2014 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 08-07-2014 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. 09-19-2014 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. 12-03-2014 A $300 administrative citation was issued for operating without a rental license and a $125 citation was issued for not submitting a mitigation plan. 12-05-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A $600 administrative citation was issued for operating without a rental license. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. 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 desciibe 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life jbr all people and preserves the public trust IEIiH[tfl ii Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification Mission: Ensuring on otiroctive, clean, safe, inclusive counnilnity that enhances the quality of ilfe for all people and preserves the public trust inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: 0 At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units.Fperty Code and Nuisance Violations Criteria ense Category Number of Units Property Code Violations per sed on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3t -units 0-0.75---------------------- Type 11-2 Year 1-2 units Greater than 1 -- but, not more than 4 - but not more than 8Type III — 1 Year 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). [Li enseNumber of Units Validated Calls for Disorderly Conduct Service & Part I Crimes Mission: Ensuring an attractive, clean, saft, inclusive coininunitj' that enhances the quality of life for all people and preserves the public (rust 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 34'imifs-Grater.than0.25 but n&rnore 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. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan ./'vliss!oi,: Ensuiii:g an attractive, clean, safe, inclusive coimnunity that enhances the quality of life for all people and preserves (lie public (rust City of Brooklyn Center P/o;e: 73CJ-33OO T1' 721 6301 Shingle Creek Parkway Fox: 763 -569-3360 Brooklyn Center, MN 5430-2199 wityofamok!yi)CenterCrY Rental License Mitigation Plan--Type IV Rental License I-fttiu! Rfllk'Jl jlaiis Will not he iweL'pred. Please tppe or useJ7llable joint on Cf/p website. Section A-- Property Information_______________ Proptrty Address: 5700 CAMDEN AVE. N. Ji LocAtTnaAguraN"" Plaza I2 wnOer Aess:ddr Agent Address: 923 Payne Ave. St. Paul MN 55130 923 Payne Ave. St. Paul, MN 55130 Owner Phone: 651-776-6021 Agent Phone:651 J766071 Owner EnlaU cia aguilera©yahoo corn Agent Lmtul: guilera©yahoo.cOm Renhul Type IV Ltccrisc Exp. Date:__kjJfli!i(six y&jI9Lcm-rem fl1IlQt) 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 n -inst 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 ensurepflg9ine_eompIjgjee 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 01 . the property. NOTICE: Time is Running Out—You must TAKF ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this spending license period and avoid legal actions. 1 Section B— Required _Documenis _________ Submit the following documents with the Mitigation f'hui for approval: 1. Crime Free Horning Program 1aining Certificate (ifconiplCted, if not completed, please include scheduled date in Section C.L1 ,2. _Copy of Lease including Minnesota Crime Free I-lousing Lease Addendum 3. Submit written report by 10a of each month (after license approval). Section C— Crime Fl -ce Housing Progi -a elnents F—%/ h II, Use written lease including Crime Free Housing Lease Addendum. Conduct criminal background check for all prospective tenants. Provide documentation to City if — / requested. 3. Pursuthe eviction of tenants who viokite the tenlis of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 17] 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: T'll -as If - Complete Security Assessment and implement all security improvements reconunended by the Brooklyn Center Police Department. A - Date Scheduled: tmovcments10 he Completed by: l'hase Ill ]I will attend a rninnum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: J'-L25 & Jiy0,2Oi5 Do these two meeting dates occur heft te the *Pending w /V License expiration date? U Yes n No (4 See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For jiroperiles with four or more units': J==JJ I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. SectionD — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should he consdcred accordingly.However, items broken. worn or otherwise in violation prior to the estimated replacement date wifl reuuire earlier corrections Date Last Replaced Estimated Replacement Date________ 200 9 ______3 Water Heater- 2013 2021 Kitchen Appliances-201M 208 Laun dr y Appliances- Ila Exterior -PainL/Sidr1g, fascia, trim'" .Windows w'2040 -Roof '1 2035 _Fencefla -Shed Gmag 12-20i4 12.2020 -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 3-2014 3-2018 Section E_js to Iip roveManagement and Conditions ofPrer linpkmcnting the followingbest practices may assist in the management of your property. lJy c/ocliuzg 11w boxes (ic?loIv, you agree to:rf 1. Check in with tenants every 30 days. Ii I I 2. Drive by property to check thr violations twice a month. Page 2 type IV Mitigation Plan Rev 11-1641 EE: 16. Lfl: Evict tenants in violation of the lease and all adderidums. Provide lawn/snow service. Provide garbage set -vice. Install security system. Provide maintenance service plan for appliances. Name of service co:___ lam 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 l\' 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! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration dale; enforcement actions such as citations, formal complaint or license review may result. N 1' Owner or Agent Narnd Title Pkaw Prini,) Owner oAgent Signature Date UCLV\ Additional Owner or Agent Name,at d Title (if applicable) (Please Print,) or ..\o\od 1 Police Departmcnt/Ttilc Date (B -V—ing & CoNmuni lt3l Standards Department I Title Date Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. 1© #5 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk A AA0, ^^RTNt- SUBJECT: Type IV 6-Month Provisional Rental License for 5930 Camden 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 5930 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for 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 28 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: 08-14-2014 The Owner, Matthew Joseph, applied for renewal of the rental dwelling license for 5930 Camden Ave N, a single family dwelling. 08-21-2014 An initial rental inspection was conducted. 28 property code violations were cited, see attached rental criteria. 09-25-2014 A second rental inspection was conducted and failed. 10-30-2014 A third rental inspection was conducted and failed. However a reinspection fee was not charged because a new violation occurred after the previous one was corrected. 10-31-2014 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive coinniunily that enhances the quality of life for all people and preserves the public trust M. 11-26-2014 A fourth inspection was conducted and passed with a weather deferral for the lawn repair. 12-04-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-19-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. 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 he 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 [14ission: Ensuring an attractive, clean, safe, inclusive cominiiiiity that enhances the quality of life for all people and preserves the public trust 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: Eiisitring an attractive, clean, sq/i?, inclusive community that enhances the quality of life for all people and preserves the public mist Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type ll-2Year 1-2 units -Greater than l 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 Type IV - 6 Months Ll -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 51 8B.O 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 - Impact 3-4 units 0-0.25 - 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 - Category 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie pa b/ic trust [III] SJ[S IR II kU 11 i l 0) iAIUIkA I 5 o more units Greater than 0.35 but not more than 00 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater an Lth 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 qualiti' of life for al/people and preserves the public trust ML City of Brooklyn Center Phone, 763-569-3300 TTY 711 6301 Shingle Creek Parkway FOX 163.569-3360 6cooktyrt Center, MN 55430-219 wWW.CiWOJb1OOk1YnCe0t't,0t9 Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use JillablCfOrlfl on City website. Sect io nPropertY1nform0t 1Property Information k ProPertY Address: 5930 Camden Ave NLOwner Name: Ma Joseph Local Agent Dallas Joseph Address: Agent Address: -\ L 2836 Colfax Ave S #E141 MpIs 6210 7th St NE Fri dl0Y MN Oner Phone: 612-232-3434 Agent Phone: 763-571-6215 Owner Email: rnjoseph@berkhs.com Agent Email: djf rid ©grnaiLcOm Rental License: New Renewal: Current License Expiration Date 1 T XTL2 14 iTh 5 4/30/2015 - SPending Type IV License Exp. (Six months fn curve flt license e.pIiiQfl___- Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies fora Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed b) City staff, A fully completed Mitigation Plan must be submitted immediately to ensure tiniel completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violadons and the measures that will be taken to with Cit) O rdi na nces and applicable Codes, The Mitigation Plan provides an opportunity to revie property concerns and identil 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. tion_B— Required_flocu ments I Submit the following doeunlents with the MitigatioJi Plan for approval: I. Crime Free Housing Program 'training ('ertiliecte (it' completed. if not completed. please include scheduled date in Section C. v' 2. Copy nI'Leasc including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10,1 ol'each month (after license approval). Section C- Crime Free Propram ReguirementS L...J I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check lbr all prospective tenants. Provide documentation to City If _______ requested.L Pursue tile evict wtcnants ho olate the ten of the Isco d.EZ1 Pane 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 Feb 19&20 Phase UComplete Security Assessment and implement all security haproveifleotS recommended by tItO Biooktyn Center Police Department. Date Scheduled: Jan 6th - Improvements to he completed by: Phase IIII will attend a minimum of 50% of the ARM nieclin 1WO). & march2Ol,__ I will attend the ARM meetings scheduled for: D o these two meeting dates occur before the I>endiiig Type IV License xpira(iOfl date? Yes No (Sec Section A) If no you will only be able to qualify for a Type EV Rental License O0fl aJ I will have no repeat cede violations previously documented within the past year. For properties withfour or more units: I will conduct resident training aimLiall) that includes crime prevention techniqoes. 1 will hold regular resident meetings. enlents Plan - Based on condition and age, stiinated placemCnt dates are provided for common capital items. Funding should he considered aeeordingl. I luc' er. items broken, worn or otherwise in violation prior to the estimated rplacenieflt date will recuire earlier corrections.I stiniated Date Last Replaced I h I Replacem e nt Date Furnace/AC ____ \Vater Heater--- - Kchen1ianCe _____ 20i4 Laundry Apph'ees- 2 .-----.-- Exteriorpaint/Siding. lsein. trim,_............_.... Wiidows_ -Shed -Drivevay.._ Alarms & Carbon de ,tIIcti 111(1 Conditions of Pj'qp^rt Implementing the following best practices may assist in the management Of your property. By checking the boxes helow, you agree to:1Tii I. Check i n with tenants every 30 days. 2. Drive by property to check for violations tviec a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Print) 12119/14 Date £1?II1 . Evict tenants in violation of the lease and all addendunis. 4. Provide lawn/snow service. S. Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name olservice co.: 8. 1 am and v.iII remain current on paymen t of utility fees, taxes, asscssmcflts, fines, penalties and other financial claims due to the City. 9, Other(s): Please rend thoroughly: If the Type IV Rental License is approved by the City Council. the Licensee must comply with the approved Mitigation Plan end all applicable cit), codes. No later than the 10 0 ol'each calendar month, the licensee must submit to the Building and Community Standards Department a wiittcn repoil 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 xNith all applicable ordinances within the licCuse period or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Matt Joseph Owner Additional Owner or Agent Name and Title ( jJapplfl?thli') (I'frae Prim') 12/19/14 Additional Owner or Agent Signature (pp1ThIhh') Date .......,-.-. Police Department I Title Date I /1/ / / f - Lcl>' - A,ldin \& (jontrnuiiity Standards Department I Title Date Page 3 Type IV Mitigation Plan Rev 114611 City Council Agenda Item No. lOe #6 S[I]JJh[* DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )MM SUBJECT: Type IV 6-Month Provisional Rental License for 6349 Halifax Dr 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 6349 Halifax Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Provisional Rental License based on 13 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV 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: 07-14-2014 The Owner, Charles Bright, applied for renewal of the rental dwelling license for 6349 Halifax Dr, a single family dwelling. 08-11-2014 An initial rental inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-18-2014 A second rental inspection was conducted and failed. No reinspection fee charged because notice was not received by the owner and Management Company. 10-21-2014 Spoke with management regarding the concrete steps stating that they have received a bid for the work however the work will not be completed before the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust inspection and is dependent on the weather. A weather deferral was granted for the concrete steps. 10-23-2014 A third inspection was conducted and failed. The gas meter was locked and inspection of the gas range couldn't be conducted. 10-31-2014 The previous rental license expired. 11-07-2014 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. 11-13-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-14-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-11-2014 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-15-2014 A sixth inspection was conducted and passed. The $200 reinspection fee was paid. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. 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. Mission: Ensuring (II? attractive, clean, safe, inclusive coin/nullity that enhances the quality of life for all people and preserves the public trust •isJ[Iyyau UItI1iiWWAi 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 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. Pvlission: Ensuring an attractive, clean, safe, inclusive coniinhiiiity that enhances the quality of life for all people and preserves the public trust Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I —3 Year 11-2 units I O1 Type 11 — 2 Year —72 -units Greater than 1 - but not more than 4 Type III — 1 Year 1-2 units r G reater than 4 but not more than 8 Type IV-6 Months F2 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). fvtission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for a!! people andpieserr'es the public trust IIIJA'II 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 umts - -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 Gieater 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 I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan il'Iission: Ensuring an attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for al/people and preserves tizepublk trust I City of Brooklyn Center Phone: 763..5693300 TTY 712 6301 Shingle Creek Parkway NOV. 1 4 214 Fax: 7635693360 Brooklyn Center, MN 55430-2199 www.cityofbrookiYflcentet.OrQ Rental License Mitigation flan--Type IV Rental License Ilanthvritten phinswi1 not be accepted. Please type or usefihlabte form on city websile. Scctlo!i_A— PrPPE rI l"roptrLy Address 6349_Hahfxjr Ovlicr NaniL Charies Bright T oc.al AenL New ConepMdnaem?nt roup !nc Ov'nr Address 'ctt Address 74 RuTrar it Dr Vil}'imOiIrI C J L3R iW 7O7 Eyclo or B!vd St I 0J18 Pail MN b5416 Own..i Phone 612-599 2098 Agvt ° 952-259_1223 - Ov, icr 1flWl LmamY@1lGtTIOI COJflbnghtyahoo cacharles L R_nt License Li Ne' I Ra! Current License Fxpir tion Dnte'''! Pii Lice'he EpPcnoing rp 1V :monhfro1n current license expiration):: Based on property conditions and/or validated pollee 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. Th e Mitigation Plan shotild indicate the steps being taken to correct identified violations and the measures that will be taken to with City Ordinances and applicable Codas. 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: LLI] I, Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. I_I ii 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum [7] 3. Submit written report by 10th of each month (after license approval). z'.. , 2.Conduct criminal background cheek forail prospective tenants, P rovide requested. 3.Ptirue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV mitigation Plan Rev 11-1641 L Use written lease including Crime Pree housing Lease Addendum. - documentation to City if M 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 0A0I_ __ or Date Course Scheduled: Complete Security Assessment and implement all security improvements recommended by the Brooklyn center rolice Department. Date Scheduled: 1! @' '4 lnlprQvem eats to be completed by: I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for Nov 13,2014(cp) & J%'8.2015 Do these two meeting dates occur before the *Pending Type lVLiccnse expiration date? I] Yes L] No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. L..1 I will have no repeat code violations previously documented within the past yeur. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques,1 1 I 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 ,I,'...mpnt ii..ti wHI i,r.' pj,rlr crrtnnq - -Date LastReplaced Estimated Replacement Date FurnacefAC..2066 2030 - Water Heater- 2012 2027 Kitchen Appliances-612012012 - &2012022 Laundry Appliances-2012 2022 - Exterior -Paint/Siding, fascia, trim -Windows -Roof -Fence .Shed 2005 2030 2005 2025- 2050 -Oarage - -Drivcway -Sidewalks ___________nla Smoke Alarms & Carbon Monoxide Alarms 2013 Other(s).-S Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I. Check in with tenants every 30 days. !EZJ 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 I 1 _I1 3, Evict tenants in violation of the lease and all addenduins.F1 4. Provide lawn/snow service. S. Provide garbage service.r:;3 6. Install security system. Centerpoint Home Service Plus [] 7. Provide maintenance service plan for appliances. Name of service co.:________________________ [?]1 8. 1 am and will remain currant on payment of utility fees, taxes, assessments, tines, penalties and other financial claims due to the City.IJ . Other(s): 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 10 1 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing alt 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. Amy C Jones, Property Manager Owner or Agent Name pnd Title (Please Print) 11/14/2014 Owner or Agent S'Inattire Date Additional Owner or Agent Name an d'ritlefapplicable) (Please Print) Additional Owner or Agent Signature ('fapplicabk) Date Pr City Use-.Mit1jMion Plan Approved I3y &- i I t4-Tit l e c4Lcc 4D / Page 3 Type IV Mitigation Plan Rev 11-16-11 City Coiindil Agenda Item No. He #7 COUNCIL ITEM MEMORANDUM DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Owo^ 4^^CLeN ( SUBJECT: Type IV 6-Month Provisional Rental License for 7240 West River Rd 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 7240 West River 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 1 building, seven unit multifamily property. The property qualifies for a Type IV Rental License based on the number of property code violations (27, 3.86/unit) 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 July 28, 2014 on condition of adherence to the Mitigation Plan and City Ordinances and meets all the conditions 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: 09-10-2014 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 1 building, seven unit multifamily property. 09-29-2014 An initial rental inspection was conducted. 27 (3.86/unit) property code violations were cited, see attached rental criteria. 09-30-2014 The previous Type IV license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust I:M'[I}ih1JilJ'kI 11-06-2014 A second inspection was conducted and passed. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-09-2014 A Mitigation Plan was submitted. 12-22--2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld January 12, 2015. Prior Type IV Rental License approval activities: 01-22-2014 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 7 unit apartment dwelling. 02-13-2014 An initial rental inspection was conducted. 38 (5.43 per unit) property code violations were cited, see attached rental criteria. 03-13-2014 A second rental inspection was attempted; no one was at the property. 03-31-2014 A third rental inspection was conducted and failed. A $350 reinspection fee was charged. 03-31-2014 The previous rental license expired. 05-12-2014 A fourth rental inspection was conducted and passed. 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. 06-09-2014 $350 for reinspection fees were paid. 06-12-2014 A Mitigation Plan was submitted. 07-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 28, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. Mission: Ensuring an attractive, clean, safe, inclusive conmiunity that enhances the qualitj' of life for all people and preserves the public mist 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive Ji'tission: Eiisnriizg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EWJ[IJ validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. - Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 31-units 0-0.751 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 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the (JiW!ity of life for all people and preserves (lie public (rust i1uJ[SJ iUItk IktaVALIMLIUiWAl Jnits Greater than 1.5 hut ñôt more than 3 Type IV - 6 Months L 3± 1-2 units Greater than 8 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 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 notmore 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: 0 Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7240 West River Rd A'Iission: Ensuring an attractive, clean, safe, inclusive coinniunhty 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 7240 WEST RIVER RD WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7240 West River Rd, was issued a Type IV Rental License on July 28, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (27) and validated police nuisance incidents (zero); 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 7240 West River Rd, Brooklyn Center met the mitigation plan requirements for the Type 4 Rental License that expired on September 30, 2014. 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 7240 West River Rd, Brooklyn Center, MN. January 12, 2015 MayorDate 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. IJ-- [L AT City of Brooklyn Center I 6301 Shingle Creek Parkway j fl Iii [ /1 Brooklyn Center, MN 55430-2199 id ui 1 I Rental License rANtitig,ltl -0-krPlan.,rIXL)c JV Rental Handwritten plaiis will 1wt be accepted. Please type or iefllfibkJi5 ?633c9 1)) 11 711 F.':: 753- 5$33c2 :y 011 CII) websife, Section A— Property Information Property Address: 7240 West River Rd N Brooklyn Center MN 55430 Owner Name: Nedzad Ceric Local Agent: Owner Address: Agent Address: 1304 7 th ave Anoka Mn 55303 Oner Phone:6129783193 Agent Phone: Owner Email: ceric nermina@Yahoo corn Agent Email: _0Rental lCu1S Nw Rtne Cur-rent E\pthonDatc Pending Type IV License Exp. Date : 03/3 1120 1 (Six months from 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 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 ensurQflg9jflgCOml1ilnCe 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 l'lw requirements within this *pending license period arid avoid legal actions. Section 13— 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 scheduled date in Section C.LLII 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum [71 3. Submit written report by 10 111 of each month (afler license approval). Section C— Crime Pita eIL.LJ I. Use written lease including Crime Free Housing Lease Addendum. [7J 2. Conduct criminal background check for all prospective tenants. Provide documentation to Cit) if requested. 3. Pursue the eviction of tenants who violate the tcnns of the lease or any adclendurns. Page 1 Type IV Mitigation Plan Rev 11-16-11 P71] 4, Attend City approved eight hour Crime Free Housing COUrw. Date Course Completed: or Date Course Scheduled: - - ... Phase ULZIJ Complete Security Assessment and implement all security improvements recommended by the - Brooklyn Center Police Department. Date Scheduled: I Improvements to be completed by: Phase IllLIIII I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetines scheduled for: 11015 ________ & 3t12f5 Do these two meeting dates occur before the *Pending Type IV License expiration date? LNE Yes LI No (See Section 1) If no, you will only he able to qualify fora Type LV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or nwre units: LI2 1 I will conduct resident training annually that includes crime prevention techniques.rn I will hold regular resident meetings. —L ong Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should he considered accordingly. Ilowever, items broken, worn or otherwise in violation prior to the estimated cemcnt date will requireearlier corrections.EstimatedDate Last Replaced Replacement Date - Furnace/AC- _____________ac unite replaced vAhin lest 3 yzars 2020 2016*Water lIeatç_________ Khchenpliances LaundrpplianCeS- ___________ apdifl l ast 3Yt 2020 rental Exterior -Paint/Siding. fascia. trim 2002 new p oint 2016 - odinal -Roof __________ 2011 2025 -Fence 2012 ptntcd 2016 -Shed______new paint 2016 -Driveway__________ .. 1976 900d -Sidewalks NA NIA Smoke Alarms & Carbon Monoxide Alarms 2014 2020 Section,E—StCpS to !mproeMana g ement and Conditions of Property Implementing the following best practices may assist in the management ofyour property. lv checking tile boxes below, you agree 0: FIZI I. Check in with tenants every 30 days.DD 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev I116-11 UC 3. Evict tenants in violation of the lease and all addendums. / 4. Provide lawn/snow service. - / 0 5. Provide garbage service. __/ 1____ 6. Install security systeF m. I 7. Provide maintenance service plan for appliances. Name of service 8.I am and will remain current on payment of utility fees, taxcs, assessments, tines, penalties and other financial claims due to the City. 9.Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10"' ol' each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all infonnation provided above is true and accurate. I understand that ill do not comply with an approved Mitigation Plan, comply ill) all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or , license review mayresult. Nedzad Ceric Owner or Agent Name and Title (Pkzsc Print) Qwnor Agent Signature Additional Owner or ,\gent Name and 'l'itle Of(pp/kcxbk/ (1>/case Pri;iti Additional Owner or Agent Signature (qfapplk'ahlc) ç2 Police Department / l'itic Standards Department /Title I 12/5/14 Date Date Date Date Page 3 Type IV Mitigation Plan Rev 11-1-11 City Coundi Agenda Item No. He #8 SJ[iiIR VlMLU*A(Iit1I 1113111 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J1A. i4luj^Ak SUBJECT: Type IV 6-Month Provisional Rental License for 1706 71st 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 1706 71st 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 (10) 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 July 14, 2014 on condition of adherence to the Mitigation Plan and City Ordinances and meets all the conditions 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: 08-04-2014 The owner, Patricia A Sandeen, applied for renewal of the rental dwelling license for 1706 71st Ave N, a single family dwelling. 09-04-2014 An initial rental inspection was conducted. 10 property code violations were cited, see attached rental criteria. 10-23-2014 A second inspection was conducted and passed. 10-31-2014 The previous Type IV license expired. Mission: Ensuring an attractive, clean, sqfe, inclusive community th at enhances the quality of life for all people and preserves the public trust [SiSI[SII 11-07-2014 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. 11-21-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior TYDe IV Rental License approval activities: 01-29-2014 The Owner, Anne Sandeen, applied for renewal of the rental dwelling license for 1706 71st Ave N, a single family dwelling. 03-20-2014 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 04-17-2014 A second rental inspection was conducted and failed. The owner was informed a sleeping room cannot be located in the lower level without proper means of egress. 04-28-2014 The inspector spoke with the owner on the phone regarding the egress window requirements. 04-29-2014 A follow-up inspection was conducted and the property passed with weather deferral due to completion of the egress window. 04-30-2014 The previous rental license expired. 05-29-2014 A follow-up inspection was conducted and passed with all items complete. 05-29-2014 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Disturbing the peace on 10-13-2013.) 05-07-2014 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. 05-20-2014 A Mitigation Plan was submitted. 06-03-2014 The Mitigation Plan was finalized. 06-26-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 14, 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. JI'Iissieii: Ensuring an attractive, clean, saft, inclusive conunuflity that enhances the quality of life for all people and preserves the public trust S1S1IJ[OIi Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission. Ensuring an attractive, clean, safe, inclusive coinPininily that enhances the qua/it)' of life for al/people and preserves the public trust [EiIh'EIi:IUtV*A UkU: tI1iI WJ1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public frj/ [EIiII(IiI*' IhYA I MtI)t1I )1II I Code 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 . r Greater than 0.75 but not-,'in 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 morethan 3 Type IV-6 Months - 1-2 units -Greater than 8 1 ,13t 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). [Category icense Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category -1-2 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 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 -4 units .Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for al/people anti preserves the public trust Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1706 71st Ave N Mission: Ensuring an attractive, clean, soft, inclusive community 111(11 enhances the quality of ljfe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1706 71 s' AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1706 71st AVENUE N, was issued a Type IV Rental License on July 14, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (10) and validated police nuisance incidents (zero); 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 1706 71st Avenue N, Brooklyn Center met the mitigation plan requirements for the Type IV Rental License that expired on October 31, 2014. 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 1706 71st Avenue N, Brooklyn Center, MN. January 12, 2015 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, MN 55430 ITI13. Evict tenants in vilatiou of tha lease nnd all addoudurns. V4. PIwAdZI laAWSTIOW V 2ravidagivico. ____ 5. Irnall sudty aysWIn [j 7. Provide . maim--wicc 'EATNtce plan for appliances. Name of ser-vic - 1L^JI S. i am and will rmaln uirit on paymeit of uilky taxo ae.simnL$, th1o ! penalties and thcr finaiwial claims due b the City. . Qth-rca); ply wi th F nd nja injaln n r' dnirs knw- ed me frui hri,u Mai__riatwrity Plear k-c-ad ihoroxxghy . If Ow Te IV Rental LLCw5c is appro'.ad by the City CüucU ffic. Licsas must comply with the approved Mitirion Plan and all applicable dtycodes. No later than the I G Lh of oath calendar moth Lh licensee mu.st aubtnft to the Jui1diiis and Crnmuniiy Standanls, Dcpennetu a wialn rçoIt d cibüg all steps t2cr, to eeLply with thc Mitiatoo Plan, vocify that all informadon prorie4,edabov is true and accurzre 1 uudrstend that iii do n romp1y with an approved Mitgntion Pian with all applicable ordinances within tho license peind, or operatc beyond tiw tiso piration datc, fcemgntacops suzh as citatkn s, for uaicornplaint or Ii cr.e review may i-esult Patricia Anne Sandeen Owaci' or Agent Name ntd Title fP1aee Ptbt) -4 10/20/2014 Owner ot Agent Sianare Date RichardW. Sandeen Additional OwnrorA;en1 and Title fif oppfita ble) (PkcsPtThE) JIG 10120/2014 Additional Owner or Agent Signature (!fppltcab1E) Date 142- kl^ 45 Dcp rtnient / Title (jc6 tan D .lii" I'Bui&.<r -. ti.in y cL• dscpariit!Ti's Date page B Type IV Mug ion Pl a n Rev fl 1 ii City Council Agenda Item No. iL0e #9 [i[•]JJ[iJI flIIDIL'AL'A I;(I1h1iiIJ!AI DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6601 Camden Dr 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 6601 Camden Dr. 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 would qualify for a Type III Rental License based on the number of property code violations (eight) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates and failed to complete security improvements. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on May 12, 2014 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. The inspection of the property revealed eight property code violations. However, since the Type IV Rental License condition has not been met, according to City ordinances, the license should be renewed as a Type IV Rental License. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of life for all people and preserves the public trust [EIiIJO1 flhiMSkA1'Mh1t,) UIL11J1 The following is a brief history of the license process actions. Current rental license approval activities: 09-12-2014 The Owner, Leroy Massaquoi, applied for an initial rental dwelling license for 6601 Camden Dr, a single-family residential property. 10-02-2014 An initial rental inspection was conducted. Eight property code violations were cited, see attached rental criteria. 11-04-2014 A second inspection was conducted and passed. 11-19-2014 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. 11-30-2014 The previous rental license expired. 12-01-2014 A Mitigation Plan was submitted. 12-11-2014 The Mitigation Plan was finalized. 01-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior Type IV Rental License approval activities: 12-09-2013 The Owner, Leroy Massaquoi, applied for an initial rental dwelling license for 6601 Camden Dr, a single-family residential property. 12-18-2013 An initial rental inspection was scheduled. (9 property code violations were cited, see attached rental criteria) 01-22-2014 A follow-up inspection was scheduled. No one was on site to meet the inspector. $100 reinspection fee was charged to the property. 02-06-2014 A follow-up inspection was scheduled. No one was on site to meet the inspector. However, prior to the inspection, the owner called to change the inspection date but it was not removed from the inspector's calendar. Therefore, no reinspection fee was charged. 02-28-2014 A follow-up inspection was conducted and passed; however, the reinspection fee was not paid. $100 reinspection fee in total was charged to the property. 03-04-2014 Staff spoke with the owner on the phone to explain the inspections conducted and incurred $100 reinspection fee. 03-05-2014 The owner paid $200 for the reinspection fee. $100.00 was refunded. 03-05-2014 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. 04-09-2014 A Mitigation Plan was submitted. 04-25-2014 The Mitigation Plan was finalized. 04-25-2014 A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 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 Mission. Eiisiii'iiig an attractive, clean, safe, inclusive coifliflhiiiity that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, sqfe, inclusive community that enhances the quality of life for all people and preserves the public (rust E$iBk'[SJIfl M UYiflk'A Ofl1I11IJYAI Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property 1 Inspected Unit litission: Ensuring an attractive, clean, safe, inclusive community that enhances the (/11(11/f)' of life for al/people and preserves the public (rust [SBJ[Stii.iMk' Uh'A:I*k'A (I11U1lJk'A I Code Only) Type I - 3 Year 1-2 units 0-1 - 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1 1-2 units L Greater than 4 but not more than 8 Type IV - 6 Months-2 units Greater than 8 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 No Category Impact Decrease 1 Category Decrease 2 Categories Number of Units 1-2 3-4 units 5 or more units Emromasom 1-2 JT 41IIL 5 or more units 1-2 3-4 units 5 or more units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.35 Greater than 1 but not more than 3 Greater than 0.35 but not more than 0.50 Greater than 3 Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people aizd preserves the public (rust [IiSI[Ifl I tIU:(I)11P1SJk1 o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6601 Camden Dr P,4iss ion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6601 CAMDEN DR WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6601 Camden Dr was issued a Type IV Rental License on May 12, 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 6601 Camden Dr, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and 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 6601 Camden Dr, Brooklyn Center, MN. January 12, 2015 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. /1kJ f t/CT- I City of Brooklyn Center 0C. phone: 763s69 -3300 TTY 711 6301 Shingle Creek Parkway 0 1 2OI Fox: 753-569-3360 Brooklyn Center, MN 55430219 wvIw.cil)fofbrook!jnweiiter.Org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on city webs/le, Section A- Property Information PropertyMdress:6601 Camden Dr Owner Name: Leroy Massaquol Local Agent: Owner Address: Agent Address: 11501 Butternut Street, Coon Rapid ,;, MN 55448 Owner Phone: 763-516-5941 Agent Phone: Owner Email: massaquoi©yahoo.com AgentEmail: fCurrent license exp. Rental License: New Renewal: Current License Expiration Date: 11/131/141 11/30/2014 SK Pending Type IV License Exp. Date: 5 13 "1 -4 --- sx JSix months front current license eptrnIwij) K 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 with City Ordinances and applicable Codes, The Mitigation Plan provides an opportunity to review property concerns and ideritiA , 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 13- Required Documents Submit the following documents mith the Mitigation Plan for approval: I.Crime Free Housing Program Training Certificate (if completed, if not completed, please include I 1 2. scheduled date in Section C. Copy of t.ease including Minnesota Crime Free Housing Lease Addendum / I .Submit written report by 10 ° of each month (after license approval). Min IL / I.Use written lease including Crime Free Housing Lease Addendum. / 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if-rciuestcd. LJ .Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-I1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: Phase HLJComplete Security Assessment and implement all security improvements recommended by the Brooklyn center Police Department. Date Scheduled: 5112114 Improvements to be completed by:. Phase IllI I ft will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: M201C- & May 2016 Do these two meeting dates occur before the 'Pending Type IVLieense expiration date? JYes D 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 ,cith four or more units, 1 will conduct resident training annually that includes crime prevention techniques r7 I will hold regular resident meetings. Section D— Long Term Capital Improvements Plan Based on condition and a g e, 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 renlacement date will reanire earlier corrections. Date Last Replaced Estimated _jRe placement Date Furnace/AC-2012 2010 Water Heater- 2012 Kitchen Appliances- 2020 Laundry Appliances- 2020 Exterior -Paint/Siding, thscia, trim_______________________________ -Windows -Roof 2020 Asseciaton -Fence -Shed sodaon NA -Sidewalks Smoke Alnrms & Carbon Monoxide Alarms Assodato ri 2000 Section E - Steps to Impro c Management!ondlitions of Property Implementing the following best practices may assist in the management of your property. ' checking the boxes below, you agree 10: ED t. Check in with tenants every 30 days. I 1 1 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 I 3.Evict tenants in violation of the lease and all addendums. I 4.Provide lawn/snow service.I 1 5. Provide garbage service.I 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service 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 I W h 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. 4'y' Owner or A'ent Nanie and Title (Please Prin) Owner or AS('gnauirc Date Additional Owner or Agent Name and Title ('fapp!icabIe) ('Please Print) Additional Owner or Agent Signature f applicable,) Date For City Use--M iii 'ition Plan Approved By: P61 ice Department / Title Date Ji?LJ1 - L/I/ V Department / Title DatL / / City Conch Agenda Item N0 Fe #10 EiiSI[iiifl tV*YA UU*' 0) iWJi DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk y1M SUBJECT: Type IV 6-Month Provisional Rental License for 5755 Humboldt 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 5755 Humboldt 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 (28) and validated police nuisance incidents (one). Therefore, according to City Ordinance, based on the number of property code violations the license category remains a Type IV. The property owner received a Type IV Rental License on May 12, 2014. on condition of adherence to the Mitigation Plan and City Ordinances and meets all the conditions of the Mitigation Plan. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions: 09-22-2014 The Owner, Toan Truong, applied for renewal of the rental dwelling license for 5755 Humboldt Ave N, a single family dwelling. 09-30-2014 The previous rental license expired. 10-24-2014 An initial rental inspection was conducted. 28 property code violations were cited, see attached rental criteria. 11-25-2014 A second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves time public trust IIIiIJ[iJ IRI 1 1 1 5 1 1 1 F`113' I 12-04-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-22-2014 A Mitigation Plan was submitted. 12-23-2014 The Mitigation Plan was finalized. 12-2014 City records indicate 1 validated police nuisance/disorderly call. (05-30-2014 theft from auto) 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior Type IV Rental License approval activities: 12-04-2013 The Owner, Toan Truong, applied for renewal of the rental dwelling license for 5755 Humboldt Ave N, a single family dwelling. 12-31-2013 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 01-31-2014 A follow-up rental inspection was conducted and failed. 02-14-2014 A second follow-up rental inspection was conducted and failed. 02-14-2014 The property was charged a $100 reinspection fee. 02-26-2014 A follow-up rental inspection was conducted and passed. 02-26-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 03-05-2014 The $100 reinspection fee was paid. 03-17-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-31-2014 The previous rental license expired. 04-17-2014 A Mitigation Plan was submitted. 04-29-2014 The Mitigation Plan was finalized. 05-05-2014 A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. Mission: Ensuring an attractive, clean, safe, inclusive coin/nullity that enhances the qil(thify of life for al/people and preserves the public trust ii]JJ[OIflIl ik'AUU DIMI) 1flhSJk'kI 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 l2- 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. 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. Mission: Ensui'ing an attractive, clean, safe, inclusive community that enhances the quality of ljfe for all people am! preserves the public trust I1.iSJIJI U.liMNBkU t[I) PiBJAI Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. • 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 3+ units 1 0-0.75,1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 - Type III _1 Year ER-units [Greater than 4 but not more ., than 8 Type IV - 6 Months 112 units J_Greater than 8 I + imils J Greater than 3 Mission: Ensuring an attractive, clean, safe, inclusive cominu oily that enhances the quality of life for al/people and preserves the public trust 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 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5755 Humboldt Avenue N Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5755 HUMBOLDT AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5755 Humboldt Avenue N, was issued a Type IV Rental License on May 12, 2014; and WHEREAS, 28 property code violations were found during the initial rental license inspection and 1 validated police nuisance/disorderly call occurred; 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 5755 Humboldt Avenue N, Brooklyn Center met the mitigation plan requirements for the Type 4 Rental License that expired on September 30, 2014. 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 5755 Humboldt Avenue N, Brooklyn Center, MN. January 12, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I city of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 w ww.citypffirooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handivritk'n plans wilt no/be accepted. Please type or usefihlableform on city website. ..- .......Sectton A— Property lnformatton---- Property Address: 5755 Humboldt Ave - owner Name: Toan Truong Local Agent Owner Address: . - 1802 13th St NW, Fairbault, MN 55021 Agent Address: Owner Phone 952-484-2993 OIC Owner Fn 1 aIltoan_truong71yahoo corn Ag e nt Email Rental License LII New Reneaal Current License Expiration Date 9/30114 *P en di n g Type IV License Exp. Date: 3/31/15 -. - (Six months from ciarent liceme exp La 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 siam A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. ilie Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will he taken to gure oncoing 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 an - d 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: 1112_i 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.F7 ii 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum lI] . Submit written report by 10 111 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 if requested.L " J . Pursue the eviction of tenants who violate the terms of the lease or any addendunis. Pa g e 1 Type IV Mitigation Plan Rev 11-1611 Attend City approved eight hour Crime Free Housing course. Date Course Completed: 1t23114 _______ or Date Course Scheduled: ...........-•._..:....._..•..•.. Phase IILL..] Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Deparment.-. Date Scheduled: /j Improvements to be completed by: '&i' phau Ill I will attend a minimum of 50% of the ARM meetings (two).jL/I5eo&I will attend the ARM meetings scheduled for: -_ / ) dates before the *.Pending Type IVLicense expiration date? [} Yes 0 NoDo these two meeting occur (*See Section A) if no, you will only be able to qualify for a Type XV Rental License upon renewal. [It] I will have no repeat code violations previously documented within the past year. For properties with four or more unk.c: ti1 I will conduct resident training annually that includes crime prevention techniques.LiJ I 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. EstimatedDate Last Replaced Replacement Date Furnace/AC- _______2002_-2040 Water Heater-2012 2022 -Kitchen Appliances.2013 2027 Laundry Appliances--201 202 -- Exterior Paint/Sidiug, fascia, trim 2010 2015 2022-Windows 2002-2014_______ -Fence NA --_NA-Shed,._ 2002 201' 2002 20157-Drtveway 2016-Sidewalks Smoke Alarms & Carbon Monoxide Alarms 2013 1 201 ki wig Implementing the following best practices may assist in the management of your property. . _checking She boxes below, you agree So: / 1. Cheek in with tenants every 30 days. IL.LJ 2.Drive by property to check for violations twice a month. ..... Page 2 Type IV Mitigation Plan Rev 11-i-11 xt 3. Evict tenants in violation of the lease and all addendums. I 4. Provide lawn/snow service. L2S_J 5. Provide garbage service.H 6, Install security system 7. Provide maintenance service plan for appliances. Name of service Co.: I 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. 9. Other(s): Please read thoroughly; If the Type W 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. 1 verW that all information provided above is true and accurate. 1 understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. 7;AJ T?oo Owner or Agent Name and Title (Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title (jfappl(ccthle) (Please Print) Additional Owner or Agent Signature a/applicable) Date - For City Use--Mitigation Plan Approved y: '' / Tale4tco^)57eparLment tate - t3uildi nmu ity Standards Department / Title Date Page 3 Type lv Mitigation Plan Rev 11-16-11 Cfty Council Agendi Item Na, 10e #11 ILIiIJ[SJ in U M ak'A I I MIllUI fihlill DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 2"t ^4A&43rLA,— SUBJECT: Type IV 6-Month Provisional Rental License for 7000 James 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 7000 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 property qualifies for a Type IV Rental License based on the number of property code violations (13) and validated police nuisance incidents (zero). Also, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on March 24, 2104 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 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. The inspection of the property revealed 13 property code violations. Further, since the Type IV Rental License condition has not been met, according to City ordinances, the license should be renewed as a Type IV Rental License. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1UJ[SJI Rii*'AUkI*4 Oi1IilJk'AI The following is a brief history of the license process actions. Current rental license approval activities: 07-07-2014 The Owner, Jared Momanyi, applied for a renewal rental dwelling license for 7000 James Ave N, a single-family residential property. 08-07-2014 An initial rental inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-09-2014 A second inspection was conducted and failed due to no access provided for the inspection. A $100 reinspection fee was charged to the property. 09-23-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2014 The previous rental license expired. 10-08-2014 A fourth inspection was conducted and passed. 10-14-2014 The $100 reinspection fee was paid. 11-10-2014 The $100 reinspection fee was paid. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-10-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior Type IV Rental License approval activities: 08-30-2013 The Owner, Jared Momanyi, applied for an initial rental dwelling license for 7000 James Ave N, a single-family residential property. 09-12-2013 An initial rental inspection was conducted. (13 property code violations were cited, see attached rental criteria) 10-15-2013 A follow-up inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 10-31-2013 A second follow-up inspection was conducted and passed, however, the reinspection fees were not paid. 12-17-2013 An inspection scheduled for 12-17-2013 was rescheduled to 12-27-2013. 12-26-2013 The inspector discussed by phone the reinspection fees with the owner. 12-30-2013 The $100 reinspection fee was paid. 01-21-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-04-2014 A Mitigation Plan was submitted. 02-14-2014 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of l(fe for al/people and preserves (lie public trust EIiIJcSIIfli U k'AU'Al O)t1i)iSJYA1 03-12-2014 A letter was sent to the owner notifying that the hearing before the Council will be held March 24, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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, inclusive community that enhances the quality of life for al/people and preserves the public trust IiII[IR VDk4 IkILSM45flhIJI Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units 3+ -units 1-2 units 1-2 units Greater than 1 but not more than 4 Greater than 4 but not more than 8 Greater than 8 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 51 8B.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Gieater than 1 5 or more units Greater than 0.50 !Iissio,z: Ensuring an attractive, clean, safe, inclusive conznwnity that enhances the quality of life for ailpeople and preserves the public trust S[IIU(1IUVM MII s(I)i1UhIJk'A I Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7000 James Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7000 JAMES AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7000 James Avenue N, was issued a Type IV Rental License on March 24, 2014; and WHEREAS, 13 property code violations were found during the initial rental license inspection; 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 7000 James Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings. 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 7000 James Avenue N, Brooklyn Center, MN. January 12, 2015 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. nICity of br-ooklyn Center DEC 14 Phone: :-5693300 1T7"Y7ll 6301 Shingle CreekPrkw Fox: 763-569 ,331.50 13rooklyi Center, MN 554302199 wtyrooMynCeOfg RcnL1 License Mitifla GOO Jhui--Type IV Rental License Jlondwritiett pim.v will iwi be twcep/ed. P1tsë tyju or use fiWthlefonH of? Ciiy websiLe. frcrt Addres700g Jairës Avenue Narth Brooklyn_Center,_MN Jared & Margaret Momanyi Local cnt Oe Addte -Ag-entAdocs - - 74 11hN BroIjfl Pail MN 54b - Owh0nc-73438514 AgcnPhonc - O;nLr1Fth4i1 monanyi99yoo corn En I I RQiralL -LJ Nc" 4I l niLn"t.'pit"tron Data 044:: - - - lv1Le1 rpLe-°3131° - :. T - -.:: à.ioemJlfec ied en propertY coodition cud/or validctcd police nuianee ilicideriLi, the atmve, referncad property qualifle for u Type 1V Rental Lieerie. Before your license application can be considered by the City Council s a Miugattull Plan uitic be isi1etd cold rcuuwLd b (.it laft lilly inp)ted MI!igalttm Plan mflL ho submitted imnidi.ki to tn1tr1e iine.ly conipi tiun of i'a line pp1ication proce Thi ivlitigution Phn huuli tnthe LC ri)- ctcp being taken to corrct tdi.n(iflod viohtion tnJ tin 111< ii e di it v,-ill be taken to gre orro1n m orrtit ce tih Ci Otdinancc ai1 appli ahk Cod tin. MthulLuu l'lati provides in oporinitYtO review property oonerric nd idnttf prv'shk cohn oic. m mro\c tn overall oOJiunS md iiageinerit of th property. NOTICE: Time is Rurimr4, Out- 'o i in' si TAKE' ACMON NOW in nrdec to meet ii the city ordinance and Mitigation Plan requircmenl within this 'peridirtg license period and avoid le.pal actions. Sub mit the following documents with thi Mxugaton P in fol' ippi o ii cr00 floitsitig P1 orm Training C ertificate (if LOmpleLed fl -not i om ptffod, Please include jTsahcdukd date in Section C. V 2. Copy olLeaso including Minnootu Grime Free Housing Lcaac AddtidUni 1 V' ] '3. Sob)-f-lit written report by 1O' cilcaeh month (after license approval). I 1..li urith.n Ic a dudoig Criiir- 1 rtc IIouiiig Lci e Addendum Conduct criminal background chock for nIl prospOoLivC wrmnta. Pmvido doc.meniation to City if -- -- - roquesred. 3 PLIMLIC ilk euCl.jn oftnnt c' in ii l a ihi tenfis ofIlit lene Oi ouw adderduni Page 1 Type IV Mitigation Plan Rev 11-16-11 r 1 • Attend City approved eight hour Cr nia T760140 tisiñg course; Date CourseCornpecth tP&2 14 or: Date Course Schedued; Phase III / Cp1te Sunty Assessment sd implement afl seurity ,mpmvcments romniended by The - .Dt&Schijed; pornprete PrTOOTUJOLPFI.roby; Pijitse LII will attend a mininiurn of O% of the ARM meerngs (two) twill aitend the ARM tnthngs scheduled for il!IJ!2UH ______ & 03!121201i *PeicJ,Type JVL(cWse qrationdate? I!] ciDothese two In eti gd a curbidrejh (e 5aautonA) if no, you will on be iible to qualify, for a TypeTVRentll Ltcense upon ieueaL I '1 I will hove no repeat code vwlat,ons pmviously documented ithm the liaSt yeur FrprperIiaS with Jour oruwrd unUr: 4w, oundOct reaidenr. training annually That includes crime preontfen ted uiques; Twill hold segi.ia rosidcntittsetiog WE Based oii condition and age, etimatcd replacement dates are provided for conimon eapital items Pundmg should be considered ceordingIy. However, items irokcn, om or otherwise in vjolation pilot to the estimated ieplacemencdate wilt require tarlier corrections, Date L4tIep1r1eed Estimnied Repleineüt Date Furnace/AC-Pcm 2035._..•_• .._. -water 2032 _____________________- litdten.ApplinceS-.2012 2030 Laundry Api,liances-2011, 1x(erior P61nUn9dons2yuarsii 2017-PaintSidmg fascia trim__________________ Peptaed4yrseO •2Q2.Windo'5 nil 2041 --Not sure --She1 20121 -Sidewalks Smoke Alerms & Carbon Monoxide JlhiIins -nuptcrbsr2oM Z1.0 V Others _________ ffiK rnp16uentrng the following best practices may assist in the management ofyourptOpørtY B e1eckThg i/ni boes bt'!o you agree lo / 1. Cheok in with tenants everyd days. [LI_i 2 Drive y pope1ty to ohec ibm i jolations tWic a month Page 2 TPeIY 1iigatn Plan II&V 11-1b-12 VTIII 3. Evjet tenants in violation of the lease and all addendums 11 U 4. Povideiawn!snowservice , 5.Provide garbage, serviCe. 6.Install security sy"Um.c e n t t 7. Provide maintenance service plan for appliances. Name ofseMce •erpon EL II 8. 1 am and y'ill remain current on payment of utility fues taxes assc ssnientS, fines, penalties and other financial claims due to the City.E!J 9 , Other(s); I will be proactive thirinp Inspection to ensure the house is In good coadItion Please road thoroughly; lithe Typo IV Rental Lieenss is approved by the City Council, the LiconsOC 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 Btiilding and Community Standards Department a written report describing all steps laken to comply with the Mitigation Plan' I veri1 that all information prnvldcd above is trut 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 a$ cltat1on, formal complaint or license review may result Jared_Momanyl Owner or Agent Name and Title 'Please Print) 12/08/2014 Owner or Agent Signature Date Margaret Momanyi Additional Owner or Agent 1'lame and Title Af app?11aMeP1as Prinl 12/1012014. Additional Owner or Agent Signature (ifappiwabic) Date For City Cs--Mi iaiIo Plan Approcd By: /¼4y Police Department I Title Date / Title f Date Pse 5 Type IV Mitigation Plan Rev 11-16-11 City Ciirnll Agenda Item No i© #12 DATE: January 12, 2015 TO: Curt Boganey, City Manager Afwtm / ^V( FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5820 Logan 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 5820 Logan 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 would qualify for a Type III Rental License based on the number of property code violations (seven) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the Type IV Rental License turning in monthly updates. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on May 12, 2014 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 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. The inspection of the property revealed seven property code violations. However, since the Type IV Rental License condition has not been met, according to City ordinances, the license should be renewed as a Type IV Rental License. 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. J Iissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the qiuditj' of life for all people and preserves the public trust [I1JJ(I Current rental license approval activities: 07-31-2014 The previous Type IV Rental License expired. 08-13-2014 The owner, Famaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Avenue N, a single family dwelling. 09-10-2014 An initial rental inspection was conducted. Seven property code violations were cited, see attached rental criteria. 10-15-2014 A second inspection was conducted and failed. No reinspection fee was charged because correction order didn't clearly identifying the location of one property code violation. 10-29-2014 A third inspection was conducted and passed. 11-07-2014 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. 11-25-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. 01-05-2015 $300 citation issued for operating without a rental license. Prior Type IV Rental License approval activities: 11-18-2013 The owner, Farnaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Avenue N, a single family dwelling. 12-26-2013 An initial rental inspection was conducted. Two property code violations were cited, see attached rental criteria. 01-27-2014 A reinspection was conducted and passed. 01-27-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 01-31-2014 The previous Type IV license expired. 02-06-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2014 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. 02-20-2014 A $125 Administrative Citation was issued for not meeting plan requirements. 03-07-2014 A plan was submitted; however it was the Action Plan Form from a Type III license. 03-20-2014 An email was sent to the owner stating that they submitted the wrong plan and the proper plan would need to be submitted. 04-15-2014 A $125 Administrative Citation was issued for not submitting a mitigation plan. Mission: Ensuring (In attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for all people and preserves the public (rust mJi 04-29-2014 The Mitigation Plan was finalized. 05-05-2014 A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 2014. Prior Type IV Rental License approval activities: 05-24-2013 The Owner, Farnaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Ave N, a single family dwelling. 07-12-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 07-31-2013 The previous rental license expired. 08-27-2013 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-03-2013 A follow up inspection was conducted and passed. 09-03-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 09-11-2013 The $100 reinspection fee was paid. 09-17-2013 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. 10-04-2013 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 1, II, and III of Crime Free Housing Program, etc. 10-08-2013 A Mitigation Plan was submitted. 10-09-2013 The Mitigation Plan was finalized. 10-18-2013 A letter was sent to the owner notifying that the hearing before the Council will be held October 28, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quahit)' of fife fbr all people anti preserves the public trust 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. 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. Mission: Ensuring an attractive, clean, sate, inclusive co;nnncnity that enhances the quality of life Jbr all people and preserves the public trust Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a.Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and.other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v) 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 3+ utht:::Gttiami1kuototha 3 :::; Type IV —6 Months 1-2 units Greater than 8 b.Police Service Calls. Mission: Ensuring an at,ractive, clean, safe, inclusive community that enhances the qualify of life for all people and preserves the public trust IEiiIJ[SJ.tR1EIIYA L'I[O.tflI.I1Ji 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 & Fart 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 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 umts -Greater than 1 5 or more units Greater than .-9Q Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5820 Logan Ave N mission: Ensii:'iiig an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5820 LOGAN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5820 Logan Ave N, was issued a Type IV Rental License on May 12, 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 5820 Logan 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 5820 Logan Avenue N, Brooklyn Center, MINT. January 12, 2015 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. N- \\\AT City of Brooklyn Center \\\ \ p/one: 753-5g;-3oo 1TI' 7.tJ 6301 Shingle Creek Parkway \\r. " For: ?635G9-335O Brooklyn Center, MN S5430-2199\\ \\ _J'' 1tvwwcityofbrooHy0e(t'0'5 Rental License Mititioi pe1V1enta' License ilwulwrUk'Il pious will not he £IecePTh'ilP1L'ase type or usefilbibleforin on Cily website. section A—Proper Information. .: Propcny AdthCS 5 5820 Logan Ave North, Brooklyn Center, MN 55430 Owner Name: Farnaz Toussi Local Agent: Owner AddrCSS 1Xnt Address: 513 Erie Street, SE, MPLS, MN 55414 Owner Phone: (612)501-571 Owner Email: shawndlh@UreaChC0fl Renewal: Current License Expiration *P ending Type l'/ License Ep, Date:,4.I. 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 he completed and reviewed by City staff'. A fully completed Mitigation Plan must be submitted immedia;ely 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 jre o incfflflhiafl with City Ordinances and applicable Codes, The Mitigation Nan provides an opportunity to review property concerns identi' 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. Sectio'll B— Required D9curfl WAS Submit the following documents with the Mitigation Plan for approval; I. Crime Free I-lousing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of'Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 101: of each month (alter license approval). .-..... .,...... -- Section c_C meFree1flYPr0m ReçjunemenQ Jiia4e I I. Use written lease including Crime Free Housing Lease Addendum. [] 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-6-11 Agent Phone: Agent Email: Rental License: Li New , r. [J 4. Attend City approved eight hour Crime Free Housing course Date Course Completed: or Date Course Scheduled: Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Polic Department. Date Scheduled: Improvements to be completed by: / /./i 3 Phase IIIILJ I will attend a miiimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 0 11 1CX20 A , OV0812015 Do these two meeting dates occur before the Pending Type IVLicens& expiration date? UK, Yes Li No ('Se Secilon ii) If no, you will oniy be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. Foproperties with finir or inore units: LJ 1 will conduct resident training annually that includes crime prevention techniques. I / ii will hold regular resident meetings. Section 1) - gTem Based on condition and age, estimated replacement dates are provided for conmmn capital items. Fundin g- broken, or otherwise in violation prior to the estimatedshould be considered accordingly. However, items worn ent dill require earlier corrections.replacm ate wCEstimatedi Date Last Repla=_1 placement Date Furnace/AC- ____ __ ono Water Ileater- _______________ 2010 2014 2025 Kitch e n Ap pl iances- - Laund!yAppliar1cS:2 0 0 2014 OngOifl5Exterior -Pa int/Siding, fascia, trim 2014 .Dn12l I 2010- 2060-Roof ________ -Diiveway, -Sidewalks_____ Smoke rms&Carbc.n Monoxide AlarmsAla 20t4 Other(s) ectionE—Stcps to jrnprov& Managementd Con dittotes of Property - Implementing the following best practices may assist in the management of your property. B), chickbig the boxes below, you agree to:_71IF I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month, Page 2 Type IV Mitigation Plan Rev 11-lb-11 ( 3 Evict tenants in violation of the lease and all addendwns. 1 . Provide lawn./snow service S. Provide garbage service. j. .[L1 . Installsecurity system. Counterpoint Energy f 7 PwuL maintenance plan for appliances. Name OfS voA.co lIL1i 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 10(h of each calendar month, the licensee most submit to the Building and Community Standards Department a written report describing all Steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Farnaz Toussi Owner or Agent Name and Title (Please Prhzt) 11/21/2014 Owier or Agent Signature Date Additional Owner or Agent Name and Title (if applicahk') (Pleese Print) itional Owner or Agent Signature (if app/leo hi e) Date ( /9 ___ "Police Deparlinent / Title Dale' l3uitd..4ç mmlii ity Standards Department / Title Date Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda item No. 1O #13 DATE: January 12, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7212 Willow Lane 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 7212 Willow Lane N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The property would qualify for a Type I Rental License based on the number of property code violations (zero) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meeting. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on August 11, 2014 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. The inspection of the property revealed zero property code violations. However, since the Type IV Rental License condition has not been met, according to City ordinances, the license should be renewed as a Type IV -Rental License. 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. Mission: Ensuring an attractive, clean, safe, inclusive coininuluty that enhances the quality of life for all people and preserves the public trust EI1IJ[IJIfl I LUMMI) 1II1lWA1 The following is a brief history of the license process actions. Current rental license approval activities: 10-10-2014 The Owner, Michael Beasley, applied for renewal of the rental dwelling license for 7212 Willow Lane N, a single family dwelling. 11-06-214 An initial rental inspection was conducted. Zero property code violations were cited, see attached rental criteria. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-04-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 12-31-2014 The previous rental license expired. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior Type IV Rental License approval activities: 04-10-2014 The Owner, Michael Beasley, applied for renewal of the rental dwelling license for 7212 Willow Lane N, a single family dwelling. 04-30-2014 An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. 06-09-2014 A second rental inspection was conducted and passed. 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-30-2014 The previous rental license expired. 07-14-2014 A Mitigation Plan was submitted. 07-14-2014 The Mitigation Plan was finalized. 08-05-2014 A letter was sent to the owner notifying that the hearing before the Council will be held August 11, 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of fife for all people and preserves (lie public trust flhJ[IU iV:1k LI [O]tflflhuJ4i 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. Mission: Eiisii;!ng an attractive, clean, safe, inclusive community that enhances the quality of l?fe for all people and preserves the public trust ,jj[iH: I*'4S $.*O)tiIiiMI 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property -code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as- indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+umts 0-035 Type II —2 Year 1-2 units Greater than 1 = but not more than 4 Type III - 1 Year 1 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units I Greater than 8 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [SiSitk[iJ IN I.iBIk' U'A I*'A (0)t1I )1BJ'A I 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 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. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7212 Willow Lane N Jt'Iiss!o,i: Ensuring an attractive, clean, safe, inclusive community that enhances 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 7212 WILLOW LANE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7212 Willow Lane N, was issued a Type IV Rental License on August 11, 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 7212 Willow Lane N, Brooklyn Center failed to attend Owners/Managers Association Meetings. 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 7212 Willow Lane N, Brooklyn Center, MN. January 12, 2015 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 of Brooklyn Center Phone: 763-569-3300 ITY 711 6301 Shingle Creek Parkway fox: 753-5693360 Brooklyn Center, MN 55430-2199 www.cityofbrook! yncenter.Org Rental License Mitigation Plan--Type IV Rental License Iiantlu'rit(ii plans will not be accepted. Please type oi xisejillab!eforn: on Ciiy website. Section A— Property Informal ion Property Address: 7212 Willow Lane N, Brooklyn Center, MN 55430 Owner Name: Michael W. Beasley Local Agent: Jarrod Haistrorn Owner Address: 200 Park AvnUo Stile lOu, FII Chuth, VA 22046 Agent Address: 7212 Willow bne N. Brooklyn Cantor, MN 55430 Owner Phone: (703)_994-2524 Agent Phone: (763)_238-4551 Owner Email: mwbeasley@VeriZOfl.net Agent Email-jarrQdhalstfom@bSaWC0m Rental License: FINew jj Renewal:Current license Expiration Date: 1213112014 *pcndjng Type IV License Exp. Datc:5 (S/A months from current lircirlse Based on property conditions ctndfor validated police nuisance incidents, the above referenced property uali1ies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must he 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 he taken to ensure oncoing comphtçg 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: 'rime 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_Reqtlired Documents :: Submit the following documents with the Mitigation Plan for approval: C/ I.Crime Pree Housing Program Training Certilicate (if completed, if not completed, please include LJJ 2. scheduled date in Section C. Copy of Lease including Minnesota Crime Free Housing Lease Addendum [Li .Submit written report by 10 " of each month (oiler license approval). Sectio— Crime Free Housing Program - ihue1L_LJ I.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. .1 .Pursue the eviction oi* tenants who violate the terms of the lease oranyaddendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 Attend City approved eight hour Crime Free Housing course. Date Course Completed: 101212014 or Date Course Scheduled: Phase fl - / Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department Date Scheduled: Completed and Improvements to be completed by: Phase IIII I II will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: & March 12________ Do these two meeting dates occur before the Pending Type IV License expiration date? Yes Li No (*&e Section 40 If no, you will only be able to qualify for a Type IV Rental License upon renewal. I t will have no repeat code violations previously documented within the past year. Jorproperhcs wit/i four or more units: I will conduct resident training annually that includes crime prevention techniques. EllilIl 1 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 Replacenient Date Furnace/AC-______ 2008 -oo Water Heater-2008 2020 Kitchen Appliances-2006 - 2018 2006 2018 Exterior -Paint/Siding, fascia, trim 2012 2020 2004 2020-Windows-- 2002 2018 1-Roof -Fence _____________________ _____N/A -Shed _______________________________ -Garage 1990 N/A 2005-Driveway NIA --Sidewalks SmokeAlarms&CarbonMonoxideAlarms 2014 2016 Other(s) Section E— Steps toInyjMa nagement and Conditionsof Properly Implementing the following best Practices may assist in the management of your property. Bychecking the boxes below, you agree (0: ji_I J4. Check in with tenants every 30 days._I 2, Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 r __1 3.R 4. S. 6. I 7. Evict tenants in violation of the lease and all nddendums. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service co.: IE2IIJ S. 1 am and will remain current on payment of utility fees, taxes, assessments, tines, penalties and other financial claims due to the City.II I I . Other(s): Tenant provides all ba s ic local services (lawn and snow) and maintenance. 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 verily 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. Michael W. Beasley, Esq., BG (ret.), US Army, Owner Owner or Agent Name and Title (Please Print) Dec. 2, 2014 Ov ncr or Agent Signatre Date Jarrod Haistrorn, Agent Additional Owner or Agent Name and Title (fnpplicabie) (P/ease Prim) Additional Owner or Agent Signature (f applicable,.) Date For City sc-i;In Plan Approved By ____(jTh police Date/ Title Date" i6_1 Ig &C n a inity .Iandards Department / Title Date Page 3 Type IV Mitigation Plan Rev 11-1611 Work Session Agenda I. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 12, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.Consideration of Hearing for Tobacco Related Products License for Abdou Jaiteh 2.Police - Community Relations PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Holly Sunday - January 26 2.Consideration of Modifying Setback Requirements of Front Porches - February 9 3.Highway 252 Update - February 23 4.E-Cigarettes in Public Places - February 23 5.Sister City Voinjama Visit Update 6.Paperless Packets Report Work Session Agenda Item No. I !'A'I*A(O] DATE: January 8, 2015 TO: City Council FROM: Curt Boganey, City ManagerC SUBJECT: Tobacco License Application Recommendation: It is recommended that the City Council consider providing direction to staff regarding interpretation of the new tobacco licensing ordinance section 23-104 (2) which provides that an applicant convicted of any tobacco products violation within five years may not be eligible for a new or renewed license. Back g round: I have enclosed a memo from the City Attorney that describes the issues and concerns related to the interpretation of Section 23-104 of the City Code. On Monday we hope to reach a consensus regarding your intent. Based on your direction we will proceed. Policy Issues: How should Section 23-104 be interpreted? What interpretation best serves the interests of the City of Brooklyn Center? 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 (rust Charles L. LeFevere 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & (612) 337-9215 telephone (612) 337-9310 fax c l e fevere kennedygraVefl.Com http :/fwww .kennedYgraVefl.Com CHARTERED k4 Iik'4 I}iI)iSJi Date: January 8, 2015 To: Mayor and City Council Members From: Charles LeFevere Re: Tobacco License Applications; Request for Council Direction The City currently has two tobacco license applications pending from the same owner. One is a license renewal application for a facility that has been in existence for some years; and the other is an application for a new facility. The corporate owner of these facilities has one conviction for illegal sale of a tobacco product to a minor in 2014. An employee of the owner was convicted in 2013 of unlawful sale to a minor at the existing, licensed facility. The question for the council is what to do about these pending applications under city code. The provision of the newly adopted tobacco licensing code relating to situations where the owner has been convicted of an illegal sale during the past five years can be interpreted in either of two ways. Therefore, the council should interpret its own ordinance, essentially deciding what its intent was in adopting the ordinance, and provide direction to staff accordingly. The relevant code provision is section 23-104, which provides as follows: Section 23104. RESTRICTIONS. The following shall be grounds for denying the issuance of or renewal of a license under Sections 23-101 through 23- 108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: The applicant is under the age of 18 years of age; 4552430 BR291-4 City Council Memo re: Tobacco License Applications January 8, 2015 Page 2 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7.If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under Sections 23-101 through 23-108. The first clause of Section 23-104 provides that the following list "shall be grounds for denying the issuance of or renewal of a license. ...". This language, by itself, would suggest that the council has some discretion because having grounds for denying an application does not necessarily mean that the council must automatically deny that application or that the applicant is automatically disqualified. Therefore, the council would have room for the exercise of some discretion in deciding whether to deny the license application. However, the second clause goes on to state that "if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person .was ineligible for the license under this section." This suggests that the following list is a description of circumstances under which the applicant is ineligible. This would seem to take all discretion away from the city council since, if the applicant is not eligible for a license, a license cannot be granted to that applicant. Therefore, the language at the beginning of this section can be interpreted in two ways. The interpretation of the first clause would suggest that the list of factors can be grounds for revocation, but that the council is not compelled to deny the license. The second clause, however, using the term "ineligible for the license" suggests that the following is a list of qualifications, or rather disqualifications, for holding a license. Both the first and second clauses, of course, refer to the same list of factors. The list of factors itself does not seem to compel either interpretation. Some of the factors seem to be in the category of automatic disqualifications to hold the license. For example, factor 1 is that the applicant is under 455243v1 BR291-4 City Council Memo re: Tobacco License Applications January 8, 2015 Page 2 the age of 18, and factor 5 is that the applicant is prohibited by federal or state law from holding a license. These would seem to be absolute disqualifiers. On the other hand, some of these factors could certainly be grounds for denial, but may not have been intended to be absolute disqualifications for holding a license. For example, factor 3 is that the applicant has had a license to sell tobacco revoked within the preceding 12 months of the date of the application. In some cases, an applicant like Wal-Mart or SuperAmerica, for example, might very well have had applications revoked in other locations during the past 12 months. Given the number of licenses that such applicants hold, it seems likely that they would never be able to qualify for a license if this were interpreted to be an absolute disqualification. Factor 4 is that the applicant has failed to provide any information required on the application or provides false or misleading information. In some cases, the failure to provide information may be insignificant, irrelevant, or inadvertent, and does not seem to be a logical reason for a complete disqualification. Factor 2, the relevant factor in this case, is whether the applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco products. This could be grounds for a decision not to renew a license. However, the context is that the City of Brooklyn Center has always had the authority to revoke or suspend a license for a violation under Section 23-006; however, the City has not, to the best of my knowledge, ever revoked a license or refused to issue or renew a tobacco license for a single violation, or even multiple violations of the prohibition against sale to minors. The same is true of liquor license applications where many instances of unlawful sales to minors have resulted in monetary sanctions and, after repeated cases, short suspensions. However, the council has never denied an application for renewal of a liquor license on the basis of one or two sales of liquor to minors. The council cannot deny an application without providing the applicant an opportunity for a hearing. Therefore, if the council interprets its ordinance to mean that conviction within the last five years is an automatic disqualification, it should give direction to staff to give notice to the applicant of the proposed denial. If the council interprets its ordinance to mean that conviction of an offense within the last five years is, or may be, grounds for denial of an application, but does not compel the council to deny the application, the council has two choices. The first is to direct staff to give notice of a hearing to consider non-renewal of the applications on that ground. The second option is for the council to conclude that it is not interested in pursuing consideration of a denial solely on the basis of a conviction of the owner and a conviction of an employee over the past two years. This would be consistent with past practices in the case of both liquor and tobacco violations of law by sale to minors where the council has considered or imposed other sanctions such as criminal prosecution and civil penalties without revoking an existing license, or denying a renewal or new application. CLL:peb 455243v1 BR291-4 Work Session Agenda Item No. 2 DATE: January 8, 2015 TO: City Council FROM: Curt Boganey, City Manager'/A_ SUBJECT: Police - Community Relations Recommendation: It is recommended that the City Council consider providing direction to staff regarding the outcomes expected from a process to engage the public about police-community relationships. Background: At the December 8th 2014, City Council Study Session meeting there was significant discussion regarding community concerns related to Policing in Brooklyn Center. These concerns seem to be related to events that have occurred across the country and to a heightened media focus on relationships between Citizens and the Police. The Council directed staff to provide the Council with ideas and alternatives for weighing public opinion and sentiment. Subsequently, I have met with the Chief of Police. He and I agree that before we prepare an appropriate response and develop reasonable options and alternatives, some clarification from the Council will be very helpful. The work session item on Monday is for the purpose of clarifying Council direction. We are not asking the Council to propose solutions or means to address your concerns. We are interested in discussing your concerns or the concerns as expressed to you by the public so that we can develop and action plan to achieve the outcomes you desire as City Council. For example if your desired outcome is "education" the best approach might be instruction. If your desired outcome is "an opportunity for public comment" the best approach might be an open forum. These are simply examples to help illustrate our goal for Monday. Our goal is reach council consensus around the question of what outcome(s) we desire to achieve. With this clear consensus we believe that we will be able to offer many suggestions, options, and alternatives to approach this issue. Policy Issues: Strategic Priorities: Community Image ii1Lsion: Ensuring an attractive, clean, safe, inclusive Community that enhances the quality of life for al/people and preserves the public trust CITY COUNCIL AGENDA -2- January 12, 2015 e. Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau f. Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h. Resolution Granting Corporate Authority for Signing of Checks and Transaction of Financial Business Matters i. Resolution Calling for a Public Hearing Regarding Proposed Use of 2015 Urban Hennepin County Community Development Block Grant Funds j. An Ordinance Amending Chapter 35 – Zoning of the City Code of Ordinances Regarding the Regulation of Outdoor Storage and Outdoor Sales Display Areas in the I-1 Industrial Park District –Motion to approve first reading and set second reading and Public Hearing for February 9, 2015. k. Resolution to Amend the Hennepin County Violent Offender Task Force Agreement l. Applications and Permits for Temporary On-Sale Liquor Licenses Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for Social Events to be Held February 14, and March 14, 2015 m. Consideration of City Council Retreat Dates n. Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $19,662,352 Taxable General Obligation Water Revenue Note, Series 2015, Providing for Its Issuance and Authorizing Execution of a Bond Purchase and Project Loan Agreement for the Note 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Carol Kleven for Her Dedicated Public Service as Council Member Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 12, 2015 b. Resolution Expressing Recognition and Appreciation of Katy Harstad for Her Dedicated Public Service on the Planning Commission Requested Council Action: –Motion to adopt resolution. c. Resolution Expressing Recognition and Appreciation of Ephraim Olani for His Dedicated Public Service on the Housing Commission Requested Council Action: –Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation of Mandora Young for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: –Motion to adopt resolution. e. Presentation of Resolution by Minnesota Community Policing Services – Recognition of Councilmember April Graves Requested Council Action: –None; presentation only. 8. Public Hearings a. Area Improvements –These items were published in the official newspaper on December 18 and 25, 2014, and are offered this evening for Public Hearing. 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03, and 04, Freeway Park Area Street, Storm Drainage, and Utility Improvements Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2015-01 and 2015-02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. CITY COUNCIL AGENDA -4- January 12, 2015 3. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-05, 06, 07, and 08, 63rd Avenue Street, Storm Drainage, and Utility Improvements Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 4. Resolution Certifying Special Assessments for Improvement Project Nos. 2015-05 and 2015-06, 63rd Avenue Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 9. Planning Commission Items –None. 10. Council Consideration Items a. Select Presiding Officers – Mayor Pro Tem and Acting Mayor Pro Tem Requested Council Action: –Council discuss and select presiding officers. b. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: –Motion to adopt resolution. c. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2015 Requested Council Action: –Motion to ratify Mayoral appointments. d. An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs Requested Council Action: –Motion to approve first reading and set second reading and Public Hearing for February 9, 2015. e. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 4200 Lakebreeze Avenue 2. 7106 Halifax Avenue North 3. 1320 68th Lane 4. 5700 Camden Avenue North 5. 5930 Camden Avenue North 6. 6349 Halifax Drive CITY COUNCIL AGENDA -5- January 12, 2015 7. 7240 West River Road –Resolution Approving a Type IV Rental License for 7240 West River Road 8. 1706 71st Avenue North –Resolution Approving a Type IV Rental License for 1706 71st Avenue North 9. 6601 Camden Drive –Resolution Approving a Type IV Rental License for 6601 Camden Drive 10. 5755 Humboldt Avenue North –Resolution Approving a Type IV Rental License for 5755 Humboldt Avenue North 11. 7000 James Avenue North –Resolution Approving a Type IV Rental License for 7000 James Avenue North 12. 5820 Logan Avenue North –Resolution Approving a Type IV Rental License for 5820 Logan Avenue North 13. 7212 Willow Lane –Resolution Approving a Type IV Rental License for 7212 Willow Lane Requested Council Action: –Mayor poll audience for applicants to address Council. –Receive staff report. –Motion to open hearing. –Receive testimony from applicants in order. –Motion to close hearing. –Take action on rental license applications and mitigation plans. 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.