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HomeMy WebLinkAbout2015 02-23 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION February 23, 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 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center February 23, 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. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.February 9, 2015 - Study/Work Session 2.February 9, 2015 - Regular Session b. Licenses C. Annual Report on Franchise Fees d.Resolution Approving Projected Use of Funds for 2015 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements e.Resolution Accepting Bid and Awarding a Contract, Centennial Civic & Veterans Memorial Amphitheater Project f. Resolution Approving an Amendment to Joint Powers Agreement for Street Maintenance Activities CITY COUNCIL AGENDA -2- February 23, 2015 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a. An Ordinance Granting CenterPoint Energy Resources Corp., d/bla CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Brooklyn Center, Hennepin County, Minnesota, for such Purpose; and, Prescribing Certain Terms and Conditions Thereof Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to direct staff to bring the ordinance back to the Council for consideration at a meeting when a hearing is being held on the new franchise fee ordinance. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6013 Zenith Avenue North 2.4708-12 Twin Lake Avenue 3.6769 Humboldt Avenue North 4.4207 Winchester Lane 5.Resolution Approving a Type IV Rental License for 4407 66th Avenue North 6.Resolution Approving a Type IV Rental License for 507 69th Avenue North 7.Resolution Approving a Type IV Rental License for 6007 Girard Avenue North 8.Resolution Approving a Type IV Rental License for 5307 Howe Lane 9.Resolution Approving a Type IV Rental License for 7124 Indiana Avenue North 10.Resolution Approving a Type IV Rental License for 6937 Unity Avenue North 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. CITY COUNCIL AGENDA -3- February 23,2015 b. An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for March 23, 2015. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 9,2015 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Police Chief Kevin Benner, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lawrence-Anderson requested the following correction to the Study Session minutes of January 26, 2015: Page 2, bottom line: "...measures for both municipal Liquor Store #, for both employees and patrons." Page 4, 5th Paragraph, 2' Line: "She volunteered to assist with the Santa visit for 2015." Councilmember Ryan requested the following correction to the Study Session minutes of January 26, 2015: Page 1, 6th Paragraph, 1st Line: "...Community Police Partnership and Multi Cultural Advisory Committee..." It was the majority consensus of the City Council to accept the correction the January 26, 2015 Study Session minutes. Councilmember Graves requested discussion on Item 8c, Proposed Use of 2015 Community Development Block Grant (CDBG) Funds, in particular what is the review process of applications and the scoring mechanism that is in place. City Manager Curt Boganey stated that all the information regarding the review process would be part of the presentation that is slated on the agenda. 02/09/15 -1- DRAFT He was open to answering questions regarding clarification on the program itself but referred to the presentation for any questions regarding the applications or review procedures. Councilmember Myszkowski asked for clarification regarding the applications and why some had benefit reporting while others were missing this element. Mr. Boganey stated there is not one uniform application so it is up to each applicant to submit what they believe to be a comprehensive request for funds. Most of the applications will have the same information included but not reported in the same format. Councilmember Ryan expressed that this is a typical year where more applications come in for the social services portion of the funding and thanked the staff for their hard work in reviewing each application. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CITY COUNCIL CHAMBERS SECURITY City Manager Curt Boganey explained the recent current events, more specifically the shooting that occurred in New Hope Council Chambers, led the City of Brooklyn Center to look at the security around the City Council meetings. He stated that typically in the past the staff had an informal procedure in which the appropriate staff reviewed the agenda to see if there were any items that might be 'hot-button' issues. At this point in time, Mr. Boganey explained that the staff is now in the process of making this a more formalized procedure, in which they will talk to other staff to see if any reports of individuals who might/could cause harm. Depending on the risk assessment for each individual meeting, a decision will be made on what action will need to happen, whether it is a police officer attending the meeting or just alerting the Councilmembers to the risk. He explained that the City has been looking at technology upgrades and this could be a possible time to include security features involving the City Council meetings within the technology upgrade. He referred to Assistant City Manager/Director of Building and Community Standards Vickie Schleuning's team who is handling the technology upgrade project. Mayor Willson concurred with Mr. Boganey that having a police officer attend the meetings if necessary would be a great idea, not only to maintain order but also as a deterrent. He had reviewed the list complied by Ms. Schleuning's team and agreed that there were some good ideas listed and he would be interested in seeing pricing. He reminded everyone that even if new security measures were put into place, it would not deter someone who had a mission to do harm. Councilmember Ryan stated that the safety issue has weighed on his mind in the past and is thankful that it is being brought up to the Council for resolution. He explained that the best possible solution in his mind would include modifications to City Hall not only to make it safer for the staff but more functional. This would include a better escape route for people who are in the Council Chambers to exit in case of an emergency or a lock down feature for the main doors in case of a threat causing a lockdown of the building. He expressed not only concern for those on the Council but also staff and the citizens who attend the meetings. 02/09/15 -2- DRAFT Mayor Willson recalled in the past years if there was an issue that residents were upset about and the staff identified as a 'hot-button' issue there have been police officers in attendance. He remembers that this technique worked well not only to maintain order in the Chambers but also to make sure all the citizens remained peaceful. Councilmember Lawrence-Anderson questioned where the exit leading out of the Chambers led. Mr. Boganey explained that the door directly to the right of the room led out into the hallway where the door to the left led directly into the public works office. He ,explained that both exits are on the list for possible improvements with the upgrade project. Councilmember Lawrence-Anderson would like to see the door directly behind the secretary be an exit only door rather than having entry and exit, and if the door needed to be for entry then it could possibly have a key or swipe key added. She would also like to see the addition of a panic button for the Councilmembers to press if a situation escalates. Councilmember Myszkowski concurred with the thinking of Councilmember Lawrence- Anderson recalling similar safety concerns when she served on the school board. Councilmember Graves stated that she was impartial to the safety concerns mainly because of her role in other organizations. She stated that her first thought would be how to disengage the individual or how to deescalate the situation. Mayor Willson agreed with Councilmember Graves in the thought of how to deescalate the situation but he liked the idea of also adding safety measures within a reasonable budget. Councilmember Lawrence-Anderson agreed with the Mayor and requested that staff gather pricing of all the safety measures on the list and present that to the Council. Mr. Boganey stated he could get the pricing materials as requested but reminded the Council that the ideas on the list were just what the staff bráinstormed and he was not making any recommendations at this time. He also added that if any Councilmember felt unsafe at any time and requested a police officer to be present, he would work with the Police Chief to get a uniformed officer present for that meeting. CONSIDERATION OF MODIFYING SETBACK REQUIREMENTS OF FRONT PORCHES-INITIAL FINDINGS AND COMPARISONS OF OTHER CITY ORDINANCES, DEFINITIONS AND STANDARDS RELATED TO MODIFYING SETBACK REQUIREMENTS Mr. Boganey referred the matter to Planning and Zoning Specialist Tim Benetti who introduced the item, discussed the history, and stated the purpose of the proposed ordinance which was referred to staff at the July 22, 2014, Council meeting. Mayor Willson explained to Mr. Benetti that the pictures in the slideshow depicting the proposed changes to the ordinance were misleading because the home in the picture showed a sidewalk and boulevard, which is not the case for all residential lots. He explained that he would have liked to have seen photos depicting different rights-of-way widths that occur in the City, such as the homes that have a five-foot boulevard rather than the sidewalk depicting extra space. He 02/09/15 -3- DRAFT indicated that even with the photos in question, he is supportive of having front porches added to the ordinance. Councilmember Lawrence-Anderson brought up a news article that depicted the surge of front porches on homes and how they have now become a standard practice in home building because of all the good things that they bring to the community. She stated that after hearing the presentation, her personal limit would be around eight feet, which would be enough room for chairs or rockers to be placed. Mayor Willson concurred but inquired how the wording would be placed within the ordinance because the word "porch" could be open to interpretation. He explained that they would need to make guidelines so the porch didn't become an extension of the home with walls and doors. Councilmember Lawrence-Anderson explained that in her mind, "porch" was referring to an open porch concept. Councilmember Ryan stated that after driving through the City's neighborhoods, he noticed there are quite a few homes with porches on them already that, in his opinion, bring up the value of the homes. He explained that he was in favor of allowing homeowners more flexibility on how their properties are used. Councilmember Lawrence-Anderson concurred with Councilmember Ryan and expressed the need for the Planning Commission to look at this idea, develop guidelines, and present those for Council consideration. Councilmember Graves concurred with the ideas that the Council had adding that when she lived in St. Paul, porches were one of her favorite features regarding the homes in that City because of the community they built. Mr. Benetti indicated the Planning Commission will look at this and bring it back with guidelines for a vote at an upcoming City Council meeting. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 Motion passed unanimously. 02/09/15 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 9,2015 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. Rnr.T flATT Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Ray Christensen, 6803 Toledo Avenue N, addressed the City Council concerning the parking situation at Maranatha and expressed his concern regarding the accessibility for emergency vehicles. He gave photos to the City Council showing the daily parking situation and told the City Council that he has contacted the Police Department who informed him that they could not ticket cars because it is private property. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Graves requested a moment of silence and personal reflection as she read words from Martin Luther King Jr. 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. 02/09/15 4- DRAFT 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the January 26, 2015, Study Session minutes and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.January 26, 2015 - Study/Work Session 2.January 26, 2015 - Regular Session 6b. LICENSES MECHANICAL All American Heating & Air C B Mechanical LLC Sharp Heating and A/C The Heating Guy LLC Tim's Quality Plumbing, Inc RENTAL INITIAL (TYPE II - two-year license) 5440-44 Bryant Avenue N 6336 Beard Avenue N 7224 Logan Avenue N 3613 Violet Avenue 360072 d Avenue N, Brooklyn Center 15658 150th Avenue, Foreston 7221 University Avenue NE, Fridley 742672 nd Lane #315, Brooklyn Park 225 County Road 81, Osseo Traiten Gunderson Chen Zhou Douglas Schmertman Gao Liu RENEWAL (TYPE III— one-year license) 4110 Lakebreeze Avenue Mindy Mazzuco 5209 Xerxes Avenue N Chad Johnson Missing ARM meeting and CPTED not completed 420762 nd Avenue N Christopher Rasmussen 4908 Abbott Avenue N Jeff Hudson 02/09/15 -2- DRAFT RENEWAL (TYPE H— two-year license) 6200 Brooklyn Boulevard 6806 Drew Avenue N 6900 Regent Avenue N 7012 Unity Avenue N 5842 York Avenue N Tuan Pham Thomas Davidson Houa Her Shuxing (Mark) Sun Melissa Hood RENEWAL (TYPE I— three-year license) 5314 71" Circle Abbas Ali 140172 d Avenue N Chad Tesmer 5609 Bryant Avenue N Mai Vang 5519 Colfax Avenue N Ryan Smith SIGNHANGER Scenic Sign Corporation 828 South 5th Street, Sauk Rapids 6e. RESOLUTION NO. 2015-29 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS 6d. RESOLUTION NO. 2015-30 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2015 Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS 8a. DANGEROUS AND POTENTIAL DANGEROUS DOG HEARING FEES City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He mentioned that the first reading of this ordinance was on January 12, 2015, and the public notice was published in the Sun Post notifying the citizens of the public hearing on this issue. He explained that this amendment would add a $250 fee to the City if the dog owner wanted to go through the appeal process for sterilization requirements. The fee would be charged only to cover the City's expenses that are incurred when an appeal takes place and if the dog owner wins the appeal then the $250 free would be reimbursed. Mayor Willson explained that he serves on the Dangerous Dog Review Panel and is in support of the change because of the cost involved to the City for an appeal process. He continued to explain that as with other fees that the City charges, it is only to cover the expense portion and the City does not make money on the appeal process. 02/09/15 -3- DRAFT Councilmember Ryan concurred with the Mayor and added that the fee is not going to be in place to discourage those from filing an appeal because if the dog owner is successful then that fee will be reimbursed. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1.ORDINANCE NO. 2015-01 AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO POTENTIALLY DANGEROUS AND DANGEROUS DOGS Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2015-01 Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous and Dangerous Dogs. Motion passed unanimously. 2.RESOLUTION NO. 2015-31 AMENDING THE CITY FEE SCHEDULE TO ADD A HEARING FEE FOR POTENTIALLY DANGEROUS DOG STERILIZATION REQUIREMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-31 Amending the City Fee Schedule to Add a Hearing Fee for Potentially Dangerous Dog Sterilization Requirements. Motion passed unanimously. 8b. 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 Planning and Zoning Specialist Tim Benetti introduced the item, discussed the history, and stated the purpose of the proposed ordinance. 02/09/15 -4- DRAFT Councilmember Ryan asked for clarification regarding Section 35, item 5, concerning areas already zoned for this type of use and that this ordinance would not apply. Mr. Benetti confirmed that was the case, as it would only apply to new areas. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2015-02, 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. Motion passed unanimously. 8c. PROPOSED USE OF 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed funding. She explained that once the City Council directs staff on how the funds should be allocated, staff will prepare the appropriate resolution, which would be brought back to the City Council on February 23, 2015, for a vote. She explained that the CDBG funds do have an 18-month time limit, but the City would like to see projects that could be completed in a 12-month timeframe. The public service section funding applicants are as listed: • Household Outside Maintenance for the Elderly (H.O.M.E), which is requesting $12,500 and has been receiving CDBG funds for 20 years. • Community Emergency Assistance Program (CEAP), which is requesting $15,000 for Meals on Wheels and has been receiving CDBG funds for 15 years. • HOMELine, which is requesting $9,545 for its Tenant Advocacy Program and has been receiving CDBG funds for 6 years. • Brooklyn Avenues, which is requesting $10,000 for its Avenues for Homeless Youth and has been receiving CDBG funds for 1 year. • CAPT USA, which is request $5,000 for its Food and Nutrition Services. This organization has never received CDBG funds from Brooklyn Center. • Lao Assistance Center of Minnesota, which is requesting $5,000 for its Housing Counseling Services. This organization has never received CDBG funds from Brooklyn Center. 02/09/15 -5- DRAFT PRO USA, which is requesting $10,000 to fund youth success plan training. This organization has never received CDBG funds from Brooklyn Center. Ms. Schleuning explained that like years past the City has received more applicants than funds so staff has developed a scoring system to rate each applicant. The scoring takes in to consideration the length the program has been in place, other funding the program receives, how many Brooklyn Center citizens the program helps, and how much the program is requesting. Based upon those scores, staff came up with three different options for the City Council to consider on how the funds should be allocated. On the non-public service sector, there were two requests made for the following funds: • The Neighborhood Stabilization/Code Enforcement, which is requesting $150,000 and has have been receiving CDBG funds for six years. They are in charge of the vibrant neighborhoods initiative, which makes sure that foreclosures are taken care of so the other homes' values do not decrease and the foreclosure can be sold in the future. Home Rehabilitation, Program, which is requesting $56,943 and has been receiving CDBG funds since the early 1970s. Mr. Boganey invited representatives from all the public service sector organizations to come forward and address the City Council on their requests. H.O.M.E represented by Jon Burkhow and Christine Tzanakis, 10201 Wayzata Boulevard, Minnetonka, explained that H.O.M.E is a service for those citizens 60 years and above and operates on a sliding fee scale depending on the client's monthly income. They offer a wide range of services from homemaking to outdoor snow removal or yard mowing. They explained that their Brooklyn Center residents have increased from 80 to over 143 and they utilize over 700 volunteer hours including those of Brooklyn Center's Fire Department. Mayor Willson inquired behind the reasoning of such a large increase of citizens utilizing the services they offer. Ms. Tzanakis confirmed the large increase was due to H.O.M.E. absorbing clientele from another organization offering similar services that had closed. Councilmember Ryan asked whether H.O.M.E is the only provider of these services in Brooklyn Center, Ms. Tzanakis confirmed that was the case. Councilmember Graves was curious regarding how many other cities did H.O.M.E offer services to and how many clients throughout Minnesota do they serve. Ms. Tzanakis confirmed that H.O.M.E is currently in 29 other cities and roughly offers services to over 4,000 seniors in Minnesota. CEAP represented by Jill Pettit, 7051 Brooklyn Boulevard, explained that CEAP serves 90 seniors with meals five days a week that totals over 23,400 meals within a year. She explained that the demand for these services are growing every year and although they get State and County funds, those funds barely cover the cost of the food. She also explained that for most of the seniors who retain their services, the only contact that they receive from outside their home 02/09/15 -6- DRAFT each week might be from the individual dropping their meal off. She shared a story about a senior who received a card in his meal and how it 'made his year' so he took time to write CEAP a note. Mayor Willson mentioned that on the two days that Meals on Wheels is not delivering meals, those seniors might not be getting balanced meals. He expressed a wish that the City could do more for those individuals. HOMELine represented by Matt Eichenlaub, 3455 Bloomington Avenue, Minneapolis, explained that their hotline took in 175,000 calls from the State of Minnesota. They average 13,000 calls a year and discovered that if the residents took their advice, the residents' outcome was 37% more favorable than if they had not. Mayor Willson commended Mr. Eichenlaub on the great job that they were doing and indicated he has referred Brooklyn Center's residents to their hotline. Councilmember Myszkowski concurred with Mayor Willson and commented on how well their application was put together because it gave the City Council a great sense of the impact they are having on the community. Brooklyn Avenues represented by Deborah Loon, 7210 76th Avenue N, Brooklyn Park, explained that youth who are homless are at the greatest risk of exploitation and while working at their facility in Minneapolis, she saw an increase of teens from the Brooklyn Center and Brooklyn Park area. She explained that Brooklyn Park's EDA has leased the non-profit building for a dollar a year so now staff can focus on homeless youth rather than the financial aspect. The Brooklyn Avenues has an operating budget of $600,000 a year, half which is funded privately and the other half through grants. They hold grants through the State of Minnesota as well as in Hennepin County. Mayor Willson commented that he was able to attend the Brooklyn Avenues open house, a facility that was built from the ground up and displays a great use of space in its floor layouts. Councilmember Ryan concurred and expressed that he has been a long time supporter, but he felt the large budget will be a challenge from year to year making these funds more important than ever in the success. Food and Nutrition Services - No one appeared to represent this organization. Housing Counseling Services - No one appeared to represent this organization. PRO USA represented by Stephen Wreh-Wilson and Evan Reminick, 7420 Unity Avenue, Brooklyn Park, explained that the City now has a younger demographic and while the other programs requesting money sought to fix the problems already in place, their program was to fix the problem before it starts. They shared the programs they have in place to help youth discover their full potential such as computer course, resume writing seminars, and showing youth how to do online job searches. They explained the youth that have taken their courses have found jobs in the community or gone back to school to further their carriers. 02/09/15 -7- DRAFT Mayor Willson explained that the City has been participating in many of the same programs that Mr. Reminick was speaking about though the Alliance program. Councilmember Ryan concurred with Mayor Willson and asked if PRO USA has reached out to the Alliance regarding a partnership. Mr. Reminick confirmed that they have reached out to the Alliance and had a meeting with them in the past but the Alliance expressed the need for PRO USA to grow in areas before a partnership could be reached. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Barb Jensen, 6539 Drew Avenue N, explained that she served on many of the programs requesting funding and urged the City Council to see the potential in PRO USA and grant their funding request. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves expressed concern regarding how to make room in the CDBG funds for new programs if the allocation of funds minors years past. She explained that when she first moved to Brooklyn Center, over three years ago, one of the first organizations she met with was PRO USA, and she feels that there is a need in the community for such an organization. Councilmember Myszkowski expressed how difficult this meeting is every year because there is such a need for community service organizations that apply for the grant funds every year but there are limits surrounding the CDBG grants that the City Council needs to abide by. She explained that the City does not only think about maintaining residences by helping seniors or Meals on Wheels, but they are also looking at their youth's future. Councilmember Ryan concurred, expressing that the City contributes money to the Alliance every year that has similar goals to those mentioned by PRO USA. He urged PRO USA to form a partnership with the Alliance because they will then not be duplicating services and could potentially reach more youth. Mayor Will added in that the Alliance started because of a need identified in 2009 and that the funding is now in place to start doing wonderful things within the community. Councilmember Lawrence-Anderson agreed. Councilmember Graves explained that she is not directly involved with the Alliance as some of the other members of the City Council but believes that the Alliance is missing elements that PRO USA has had proven success. 02/09/15 -8- DRAFT Mayor Willson expressed the emotional ties that this meeting has because there are not enough funds to give all the programs their requested amount. He explained that it is a hard choice to look at what will and will not have the funding, whether it be the seniors, the youth, or the homeless. He expressed that his recommendation would be for Option 1 for 2015. Councilmember Graves expressed concern about the adverse affects of not giving funding to those programs that need it because they are just starting out. She felt the bigger programs such as H.O.M.E who has been receiving funds for a number of years will not go out of business without the funds, unlike PRO USA. She added that if H.O.M.E does not get CDBG funds from Brooklyn Center, it would keep providing services to its clients and the City would not face risk of H.O.M.E pulling out of its community; Councilmember Ryan expressed that he was in favor of Option 1 along with Mayor Willson. Councilmember Lawrence-Anderson expressed that she was in favor of Option 3 rather than Option 1. Mayor Willson moved and Councilmember Ryan seconded to direct staff to prepare allocation of 2015 Community Development Block Grant (CDBG) Funds based on Option 1 for formal approval at a future Council meeting. Councilmembers Graves and Lawrence-Anderson voted against the same. Motion passed. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS Mayor Willson explained the streamlined proôess that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Audience members indicated interest in speaking to Item 1 0a2 and 100. Mayor Willson called for a motion on Agenda Items 1 Oal. lOal. 381861ST AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3818 61 " Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 02/09/15 -9- DRAFT 10a2. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1106 EMERSON LANE Ms. Schleuning advised that 1106 Emerson Lane was inspected and nine property code violations were cited and ultimately corrected. There has been one validated police incident/nuisance call 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 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 Graves seconded to open the hearing. Motion passed unanimously. Jan Dietrich, 63 24 Rhode Island Brooklyn Park, owner of 1106 Emerson Lane, provided a brief review of her ownership of this property, work with the Building Official to gain compliance, costly and extensive renovation, and finding that the current rental licensing process is confusing. She asked the Council to amend the rental ordinance. Councilmember Ryan moved and Councilmember Graves seconded to close the hearing. Motion passed unanimously. Councilmember Lawrence-Anderson expressed to Ms. Dietrich that she is sure that with all of the efforts being made, she will soon be out of the TYPE IV category. Mr. Boganey questioned, since this was a renewal, what type of license did Ms. Dietrich possess previously. Ms. Schleuning confirmed it had been a Type I license. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1106 Emerson 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. 100. 5748 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 5748 Humboldt Ave North was inspected and fifteen property code violations were cited and ultimately corrected. There have been zero 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 02/09/15 -10- DRAFT 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. Coüncilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to open the hearing. Motion passed unanimously. Danie Nao Yeng Xiong, 8201 Wyoming Avenue N., owner of 5748 Humboldt Avenue N, stated that he is trying to correct the violations that were found in the multiple inspections. Mayor Willson stated that the City of Brooklyn Center takes violations in a rental property very seriously but since Mr. Xiong is working with staff and staff recommends approval, he will support approval. Councilmember Ryan moved and Councilmember Graves seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2015-32 APPROVING A TYPE IV RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 20 15-32, Approving a Type IV Rental License for 5748 Humboldt Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. CHARTER COMMISSION SUBMISSION OF RECOMMENDED AMENDMENTS TO THE CITY CHARTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Charter amendments. Mayor Willson stated that he served on the Charter Commission for eight years and was its Chair for two of those years. He stated he is pleased to see the format that the Charter Commission has adopted when presenting information to the City Council. He believed that a blanket resolution would be appropriate because of the comprehensive packet that the Charter Commission submitted. The Councilmembers concurred and indicated support for a blanket motion. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Charter Commission recommendation for amendments to the City Charter and direct staff to draft an ordinance amending the Charter. 02/09/15 -11- DRAFT Motion passed unanimously. Mr. Boganey took a moment to thank the City Attorney Troy Gilchrist for his hard work and effort in the presentation of the information to the Charter Commission. RECESS CITY COUNCIL MEETING TO EDA MEETING Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to recess the City Council Meeting at 9:36 p.m. Motion passed unanimously. RECONVENE CITY COUNCIL MEETING Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Study Session at 9:40 p.m. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on thefollowing upcoming events: o January 22, 2015, Multi-Cultural Advisory Committee Meeting at the Police Department 0 January 28, 2015, Meeting with the City Manager to review city's Engagement Activities • January 29, 2015, North Hennepin Area Chamber of Commerce Lunch • January 30 and 31, 2015, League of Minnesota Cities Conference • February 2, 2015, Lion's Waffle Breakfast • February 6 and 7, 2015, Joint Staff Council Retreat • February 10, 2015, Public Meeting for T.H 252 Study Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • January 30, 2015, Ribbon Cutting for the Brooklyn Avenues Homeless Youth Shelter • February 2, 2015, Lion's Waffle Breakfast • February 6 and 7, 2015, Joint Staff Council Retreat • February 9, 2015, Brookyins Youth Council Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • January 30 and 31, 2015, League of Minnesota Cities Conference • February 2, 2015, BCBA Board Meeting • February 6 and 7, 2015, Joint Staff Council Retreat • February 9, 2015, Odyssey Academy Succession Meeting 02/09/15 -12- DRAFT Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • Osseo Parent Advisory Native American Drum Rehearsal • January 28 and February 4, 2015, Parent Group for Teens • January 30 and 31, 2015, League of Minnesota Cities Conference • February 2, 2015, Gave an Interview to "Truth to Tell" • February 5, 2015, Brooklyn Park Town Hall Head Start • February 6 and 7, 2015, Joint Staff Council Retreat • February 9, 2015, Gave a Speech at Capital Hill Elementary in St. Paul and Stopped in at Brooklyn Center High School Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 31, 2015, Toured the Brooklyn Avenues Homeless Youth Shelter • February 2, 2015, Lion's Waffle Breakfast • February 3, 2015, Governor's Reception at the Governor's Mansion • February 6 and 7, 2015, Joint Staff Council Retreat • February 10, 2015, Public Meeting for T.H. 252 Study Mr. Boganey reported that the City Council will receive an update on the Brooklyn Bridge Alliance for Youth within the next 30 days. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:56 p.m. Motion passed. unanimously. 02/09/15 -13- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: February 17, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City ZrW SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on February 23, 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. MECHANICAL All Systems Mechanical LLC Nordic Services, Inc. R B Heating & Air Stafford Home Service Inc. Twin City Heating and Air RENTAL See attached report. 2282 Terminal Road, Roseville 11965 Larc Industrial Blvd, Burnsville 20826 Austin Street NE, Cedar 6225 Cambridge Street, Minneapolis 1712576 th Place N, Maple Grove Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 15 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensu ring IW allroctive, clean, safe, inclusive cointnuni/y that enhances the quality of lift, for all people (End preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 6628 Camden Dr Single Family Initial Marie Rickmyer 8 III N/A III 6012 June Ave N Single Family Initial Alyssa Cheng 2 II N/A II 6230 Quail Ave N Single Family Initial Kurt Templin 3 II N/A II 3601 47th Ave N Ryan Creek Manor Passed w/Weather Deferral 1 Bldg 11 Units Renewal Drew Kabanuk 9 .82/Units II 0 II I 4806 Twin Lake Ave 1 Bldg 4 Units Renewal Douglas Wahl 7 1.75/Unit III 2 0.25/unit III IV 3707 61st Ave N Passed w/Weather Deferral Single Family Renewal Douglas Wahl 8 III 0 III II 5959 Camden Ave N Single Family Renewal Todd Havisto 1 I 0 I II 5807 Dupont Ave N Single Family Renewal Todd Havisto 6 III 0 III II 7101 France Ave N Single Family Renewal Luanne Thompson 1 I 0 I III 5618 Hillsview Rd Single Family Renewal Nita Morlock 4 II 0 II IV 4207 Lakeside Ave #241 Single Family Renewal First House LLC 4 II 0 II II 5559 Lyndale Ave N Passed w/Weather Deferral Single Family Renewal Brett Hildreth 1 I 0 I II 6930 Newton Ave N Passed w/Weather Deferral Single Family Renewal Desra Widdel 6 III 0 III II 3016 Quarles Rd Single Family Renewal Heather Terry 0 I 0 I III 6448 Willow La Single Family Renewal Brett Hildreth 0 I 0 I I * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on February 23, 2015 City Council Agenda Item No. 6c [EI1IJ[J I fl k'A I'A I 3 0) 1I 1SJk'1 DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director OL SUBJECT: Annual Report on Franchise Fees Recommendation: It is recommended that the City Council receive the annual report on franchise fees given below. Background: As a condition of the ordinances adopted to establish and implement the franchise fees on Xcel Energy and CenterPoint Energy, staff is required to report to the City Council annually on the collection of franchise fees. This memorandum will serve that purpose. No formal action is required at this time. The 2014 fiscal year was the 11th year for collection of franchise fees from Xcel Energy and CenterPoint Energy. Receipts for the year from each of the franchisees were as follows: Company Date Received Xcel Energy 05/05/2014 $ 99,206.86 1st Qtr. Xcel Energy 08/04/2014 97,473.64 2nd Qtr. Xcel Energy 11/03/2014 98,637.34 3rd Qtr. Xcel Energy 02/06/2015 98,501.90 4th Qtr. Subtotal $393,819.74 2014 CenterPoint Energy 04/30/2014 $ 63,570.50 1st Qtr. CenterPoint Energy 07/31/2014 63,411.87 2nd Qtr. CenterPoint Energy 10/28/2014 63,155.68 3rd Qtr. CenterPoint Energy 1/30/2015 63,113.49 4th Qtr. Subtotal $ 253,251.54 2014 TOTAL $ 647,071.28 2014 Budget Issues: All dollars received from the franchise fees were receipted to the Street Reconstruction Fund for use in the repair and reconstruction of city streets. All remaining funds at year-end will be carried forward in the fund for future repair and reconstruction of city streets. Strategic Priorities: e Financial Stability Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager i /1 FROM: Vickie Schleuning,Aistant City Manager/Director of Building and Community Standards SUBJECT: Proposed Use of 2015 Community Development Block Grant Funds and Resolution Approving Projected Use of Funds for 2015 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Recommendation: It is recommended that the City Council consider adoption of a Resolution Approving Use of Funds for 2015 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Background: A Public Hearing was held on February 9, 2015 in accordance with Community Development Block Grant (CDBG) requirements. The City Council received public input and reviewed information regarding the CDBG funding allocation for 2015 CDBG year. At the meeting, the City Council made a recommendation for staff to prepare a resolution to approve funding. The final approval will be submitted to Hennepin County by February 26, 2015. RESOLUTION A resolution has been prepared for City Council's consideration to approve the 2015 CDBG program. Funding for the 2015 CDBG program would be available July 1, 2015 and CDBG funds must be spent no later than December 31, 2016 (within 18 months). Total preliminary 2015 City Allocation for CDBG Program Year 2015 is estimated at last year's final allocation of $243,462. Per City Council direction, the following allocation for Program Year 2015 is included in the attached resolution, reflecting the amounts indicated in the chart below. PUBLIC SERVICES $36,519 Mission: Ensuring an attractive, clean, safe coinawluty that enhances the quality of life and preserves the public (rust IS1BJ(J I fl I *'A U I ø 0] UI P1Ik'kI NON-PUBLIC SERVICES $150,000 $56,943 TOTAL CDBG FUNDS I $243,462 The resolution included with this memorandum also authorizes signature of a Subrecipient Agreement, which is the agreement between Hennepin County and the City of Brooklyn Center relative to CDBG funds. In addition, it authorizes any third party agreements that would be executed between the City and third party vendors such as any public service providers. These agreements are standardized agreements developed by Hennepin County and will be submitted after approval of the City's 2015 CDBG program. Additional background information can be found in the attached February 9, 2015 Council Item Memorandum. Budget Issues: CDBG funds are exclusively federal dollars. Strategic Priorities: • Vibrant Neighborhoods Attachments: Attachment I - Resolution Attachment II - February 9, 2015 Council Item Memorandum Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves (he public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPfN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County,, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the City of Brooklyn Center held a Public Hearing on February 9, 2015 to obtain the view of citizens on housing and community development needs and priorities and the City's proposed use of $243,462 from the 2015 Urban Hennepin County Community Development Block Grant; and WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the City of Brooklyn Center and Hennepin County, the City agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; and WHEREAS, a notice to solicit public comment was published and comments were solicited for a period of 10 days, ending on February 9, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it approves the following projects for funding from the Urban Hennepin County CDBG Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2015 Urban Hennepin County Community Development Block Grant Program. Project ' Budget Senior Community Services H.O.M.E. Program $ 10,000 CEAP Meals on Wheels Program $10,000 HOME Line Tenant Advocacy Program $ 9,019 Avenues for Homeless Youth Brooklyn Avenues Program $ 7,500 City of Brooklyn Center Neighborhood Stabilization/Code Enforcement $150,000 Activity Home Rehabilitation Program (Rehabilitation of Private Property) $ 56,943 RESOLUTION NO. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2015 CDBG Program. BE IT FURTHER RESOLVED, that should the final amount of FY20 15 CDBG available to the City be different from the amount provided to the City, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. 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. Attachment II -Council Memo from Public Hearing held on February 9, 2015 (Page Intentionally Left Blank) i1IJ[SJIU tM I$(,I1iiI1IJi DATE: February 9, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuningistant City Manager/Director of Building and Community Standards SUBJECT: Public Hearing Regarding Proposed Use of 2015 Community Development Block Grant Funds Recommendation: It is recommended that the City Council conduct the Public Hearing and accept input from the public regarding Use of Funds for 2015 Urban Hennepin County Community Development Block Grant Program. Staff requests direction from the Council regarding allocation of the CDBG funds. Based on the feedback, staff will prepare resolutions for approval at the February 23, 2015 City Council Meeting. Background: Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County Community Development Block Grant (CDBG) program. With the CDBG program, federal dollars from the Department of Housing and Urban Development(HUD) are awarded to Hennepin County and are allocated to participating cities on a formula basis. Therefore, the City of Brooklyn Center is considered a Subrecipient of CDBG funding, This Public Hearing meets the requirements of the Hennepin County Citizen Participation Plan and HUD requirements. CDBG Statutory and Administrative Requirements Federal CDBG Statutory Requirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: 1.Benefiting low income persons 2.Preventing or eliminating slums and/or blight 3. Meeting urgent community needs. The federal statute also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. We do not yet know the amount of CDBG allocation for 2015. Therefore, we have been advised to consider the 2014 CDBG allocation of $243,462 for the allocation amount in 2015. However, this allocation amount could be adjusted. Based on this amount, $170,423.40 of the total allocation must be expended on programs and services directly benefiting low income persons in order to meet the 70 percent requirement. Low income persons are defined as persons with incomes ranging ftom 30 to 50 percent (very low income) to 80 percent (low income) of the Aiissioii: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves tile public 111151 COUNCIL ITEM MEMORANDUM median household income in the Minneapolis/St. Paul metropolitan area as defined by HOD. Currently, the 80% median household income level is $63,900 for a family of four. If a city chooses to allocate CDBG funds to eligible public service activities, the amount is limited to a maximum of 15% of CDBG funding. A city is not obligated to provide any funding to public service agencies. Hennepin County Administrative Requirements for Public Service Activities Pursuant to federal program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15% cap on public service projects if the city chooses to allocate funds to public service agencies. Based on the estimated allocation for 2015, the maximum amount of CDBG funds that can be allocated to public service activities is $36,519, which is 15% of the City's 2015 CDBG allocation. Other guidance provided by Hennepin County for the disbursement of CDBG funds follows: o No more than three public service activities should be undertaken in each city receiving CDBG funds. o Each Public Service activity should have a budget of at least $7,500. If funds are committed by other cities to carry out a single activity of mutual interest, this limit may not apply. CEAP, H.O.M.E. Program (Senior Community Services), Avenues for Homeless Youth, and HOMELine are considered multi-city activities or county-wide activities at this time. o CDBG activities must address a high priority need according to the County's Consolidated Plan for affordable housing, community development, and human services. Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. The H.O.M.B. Program (Senior Community Services), Meal on Wheels (CEAP), the Tenant Advocacy Program (HOMELine), Brooklyn Avenues (Avenues for Homeless Youth), Housing Counseling Services (Lao Assistance Center of MN) and Food and Nutrition Services (CAPT USA) are categorized as public service projects. The CDBG Funding History Chart, Appendix 1, shows the City's funding allocation for CDBG Rinds from the years 2003 -2014. 2015 CDBG Applicants The following agencies submitted for CDBG Public Service Agency activities/program funding. o Household outside Maintenance for the Elderly (H.O.M.E.) (Senior Community Services), 2015 request is $12,500 to continue the 1-LO.M.E. Program in Brooklyn Center, Details of Senior Community Services H,0M.B. Program are provided in their .111ission: Ensuring an attractive, clean, safe community that enhances the quality of life undpreserves (lie public trust COUNCIL ITEM MEMORANDUM attached "2015 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 20 years. o Meal on Wheels (CEAP) 2015 request is $15,000 to continue the Meals on Wheels Program in Brooklyn Center. Details on the CEAP Meals on Wheels are provided in their attached "2015 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 15 years. o Tenant Advocacy Services (HOME Line) request is $9,545 to provide funding for HOMELine's Tenant Advocacy Services Program. Details on HOMELine's request are provided in their attached "2015 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 7 years. o Brooklyn Avenues (Avenues for Homeless Youth), 2015 request is $10,000 to fund Shelter and transitional housing programs with support services serving homeless youth in the northwest suburbs. Details of Avenues for Homeless Youth request for funding are provided in their attached "2015 CDBG Request for Funding" form. Avenues for Homeless Youth first received funding from the City's CDBG program in 2014. e Food and Nutrition Services (CAPI USA), 2015 request is $5,000 to fund the Food and Nutrition Services program. Details of CAPT USA's request are provided in their attached "2015 CDBG Request for Funding" form. CAPT USA has not received previous funding from the City's CDBG program. o Housing Counseling Services (Lao Assistance Center of MN), 2015 request is $5,000 to fund the Housing Counseling Services Training and assistance. Details of Lao Assistance Center of MN request are provided in their attached "2015 CDBG Request for Funding" form. Lao Assistance Center of MN has not received previous funding from the City's CDBG program. o Success Plan (PRO USA), 2015 request is $10,000 to fund the youth success plan training. This would be a new program. Details of PRO USA's request are provided in their attached "2015 CDBG Request for Funding" form. PRO USA has not received previous funding from the City's CDBG program. The following programs are proposed to receive CDBG funding categorized as Non-Public Service Projects, City of Brooklyn Center Neighborhood Stabilization! Code Enforcement Program 2015 request is $150,000 to address foreclosed and vacant properties and arrest the decline of neighborhoods in the City. This program provides services throughout the city, including all ,low and moderate income levels. Details on the CDBG Code Enforcement activity are provided in the attached "2015 Request for Funding" form. This would be the sixth year of funding for the neighborhood stabilization code enforcement activity. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public (171st COUNCIL ITEM MEMORANDUM Home Rehabilitation Program (Rehabilitation of Private Property). If the Neighborhood Stabilization/City Code Enforcement Program is approved and the maximum public service amount of 15% is awarded to any or all of the public service requests, there would be $56,943 available to allocate to this program from the 2015 preliminary CDBG allocation. This amount would be used to address emergency items such as furnace replacement, water and sewer service repair, etc. for individual properties. The Home Rehabilitation program has been part of the City's CDBG program since CDBG was first created in the mid 1970's. Public Hearing The attached Public Hearing notice was published in the January 22, 2015 edition of the Brooklyn Center Sun Post newspaper. Hennepin County requires a Public Hearing be held regarding the use of CDBG funds. Further, the 2015 CDBG programs must be submitted to Hennepin County by February 26, 2014. Funding for the 2015 CDBG program would be made available by July 1, 2015 and CDBG funds must be spent no later than December 31, 2016 (within 18 months). However, we encourage all CDBG recipients to implement the program and use the funds within twelve months for accounting and performance purposes. Representatives of the public service agencies that applied for CDBG funding have been notified of the Public Hearing. Options for 2015 CDBG Allocations The total preliminary 2015 City Allocation for CDBG Program Year 2015 (July 1, 2015 through December 31, 2016) is $243,462. There are inadequate CDBG funds to accommodate the total number of requests the City has received for Public Service Agencies. Further, more than three Public Service Agencies, recommended limit by the County, have submitted requests for funding, Therefore, staff has prepared three options for consideration for CDBG Program Year 2015. After Council feedback, a resolution will be prepared for the February 23, 2015 City Council meeting. CDBG Activity Requested Amount Option I Option 2 Option 3 Public Services ($36,519 Max) H.O.M.E. Program (Senior $12,500 $10,000 $7,500 $12,500Community Services) Meats on Wheels (CEAP)$15,000 $10,000 $7,500 $12,500 Tenant Advocacy Program $9,545 019 $7,500 $7,500(HOME Line)' Brooklyn Avenues (Avenues for $10,000 $7,500 $6,519 $4,019Homeless Youth) FA d Nutrition Services ' 000 $7,500SA) Mission: Ensuring an attractive, clean, sqfe cOJflflh111it' that enhances the qiiallty of life and preserves the public (ins! The following is a breakdown of the COUNCIL ITEM MEMORANDUM Option #1 is based on a rating system developed to consider their alignment with City priorities, County Plan, and federal program requirements. Option 9,2 is based on equal funding distribution based on top ratings. Option 93 is based on the 2014 allocations. The rating system for Public Service activities was developed and implemented for 2014. The following criteria were used for rating the public service programs based on their applications: 1.Does the program meet the CDBG requirements (federal and county)? 2.Does the program flulfi 11 community needs? 3.How does the program align with City goals? 4.Has the organization demonstrated the ability to successfully implement a program using CDBG funds? 5.What is the overall budget for the program and does it have other funding sources to ensure sustainability? 6.Are there similar services already provided by existing agencies within the dommunity? 7.What is the ease of access of its services to the community? I.e. Location of agency, methods of contact, etc. 8.Is the application submittal complete and submitted by the deadline? ------.---- ---j --(J -----------------aiulpMission: Ensurattractive,an attractive, clean, s(f comiiiniilty 111(11 enhances the ullht)' of life reserl-'eS the public trust COUNCIL ITEM MEMORANDUM $5,000 56 49% $5,000 48 42% $10 1 000 34 30% Budget Issues: CDBG funds are federal dollars. Strategic Priorities: o Vibrant Neighborhoods Attachments: Attachment I - Attachment II Attachment III - Attachment IV - Attachment V - Attachment VI - Attachment VII - Attachment VIII - Attachment IX - Attachment X - Attachment XI - Funding History H.O .M.E. Program (Senior Community Services) Application Meal on Wheels (CEAP) Application Tenant Advocacy Program (HOME line) Application Brooklyn Avenues (Avenues for Homeless Youth) Application Food and Nutrition Services (CAPT USA) Application Housing Counseling Services (Lao Assistance Center of MN) Application Success Plan (Pro USA) Application Neighborhood Stabilization/Code Enforcement Request for Funding Hennepin County CDBG Fund Memo Affidavit of Publication of Public Hearing Notice IVTissioii: Ensuring an a/t,actii'e, clean, safe coii,;nuiilty that e,,IiaiiceS the quality qf1è an(IpieSeiVeS the public (itist Iij I0 I 0•0 o 0o 0 Co 0 0 0 Co Ii)Co Co Co 0 N-Co 0)-("I Co U) 1003 Co CO O -N: N:cc Cc cc -LO Co U) U)N -Co-U C&U3.00 Co0 11 00 11 qo0VII0ii0CoiCo ii Cod 11 d 11 dO 1111 to11N 1O q 1 111 Co 11 N-0 CQ11 ©0 o10(00 1ftOU)101110NII II II II CoCo CoCoIC) Co CoCo 0 0 Co 0 oCoO0•00 N- Co CO (0 LI)0co t CO Co (0 0C0fN-LI) N CD (0 Ic Co 0) tft (ft (ft (ft o o N NJ S g c II 0 II 0) 0 0)L Co Co C)C)Co CoQO0•O q Co Co 0)Co Co Co Co Co Co -U)U)IC) LI)CL)N-J10 U) ft lft Co Co 0 0 0 0(DO o Coo N Co -t CO It)CO Co CO CO Co Co -0 CO CO-N-0 (0 N NJ N Nca(ft 64 O CD O O C oCD OCoCoCCo0Co0 0)-CO U)U)cf 'ct '- 0)CO CO - 0)Co 0 CD 0CoN-Co CO CO N N -N s-s (ft (ft (ft (ft 0(0 Co U)v-Co C(I)N o 0 -Co Co Co LI)q,N N ('I N N cy)0)-0- - ('4 Fv 0 0 00 0'4 NJ CD LO 0 00 Co Co lzi CoIlqIIqIIqlloN-IC) 0)(01(0 t CC) _ -qIN ci '00) (0 CCIft (0-I InIn cli ft cd b tpJJL Ji ll r) 't citI) riroloIlo 0110 01CoIICoCo 00 CODLO tjd dud--ijr QIjCo 1 -II'JICo (011 0 -.iI -- c)lI0 tEfl L II 0 Co 0 Co (DiloCo 0 Co QII . N- U) Co 0110coC)) 03 0110 —0)• 0IICI N- CO CO NIIN- '- - NIIN 0t& ft CC Il C) JL bCl) II CCC' 'z z z zz JL 0 C) Q q 0 Gi 0) r (3) COJ- - (0 NCo U) C) C6 IC) Co C0) 0) Co CO- '- - N NJ cUS- ft 69- CC (IS-- coII II 1II(6 U)4 II (1) I p.o II C)0 II 0 II Co I01100 II Co Co N ('4 NLjiTh CoCo CO 0r11)- Co0•to (I) N- Coq U) NI(0to CC Co toCO(5)CoCO CC LI) CoCoN Elm Attachment II - H.O.M.E. Program (Senior Community Services) Application g'mn oii ( OL AtEM,PLCE TOTA1 A GhEA1.PLAO TO .STAY tVWW ( ityfbrooklyli ciJ)IO1 OLI Urban Men nepth County Conminuity Development 1110 c Grant Piogram (CDI3G) FY2015 (Jul), 'I 2015 tliru June 30, 2016) Application Request for City of Th-ooldyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 430 PM Public Heariqg: February 9,2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:esuior Commun i ty Services Program t'lame:Household & Outside Maintenance for Elderly (HOME) Pggtain PurposeThe HOME Program started in 1980 with the goal to maintain older adults in affo r da bl e housin of their choosing —their owe homes, including apartmots —.asistiflg them to remain iddeendenhin dignity and sa fe ty fqr as long as possible ''111DOothgaiia{11a01 1 .0 LI2. Do the activities benefit at least 51% low- and moderate-income households with Iliac 80% Area Median Income (AMI) as stated by HUD aird ale you able to provide income-eligible certification for all clients?El3 Does oi ganizattonh e the staff cauoity to idmidrttei thepi.ogrmin?yoh 4. Do yon nnderstand and are capable of providing all required documentation to obtain LI reimbursement? ..- .. ___------------------- 5 hichotthe foo'hng Uuigible Publio8er. ice Acftlies iyll th pi.oibin prov1 .e? - --.- '(dcA1 l:tb4 ii1pl) ). . :;r- Emp1oynient services , .... CuinePteVentiOiilin1 pbhc services ___LI [II Health Services '-••r" .vcs LiHousing Counseling . .. . -LI-D - EdunattouPioarnl D-rpy Con. zeng ....,, ...., ............. ..... o Services for homeless peois Page 1 of? (aIutLonEn a Mnft}riseoSedjd 'c jilt be eptt1iQx T Poliis' iccoirnnesdatian j)fàee-) Al J d, Proposed program decdptIoh. Bo concise, yt thorob Ifin describhig tire activiy of i forwhich funding is being soughf,rThd ji only as muob detail isony thepro art 10 - neede4Include Brooklyn Cente locl need(s) and population eived CDBO Thnds cannot be nard to s'aplace current program funds. If tin s is an existing pLogrnI and your. oiganrtián did not receive Blookl)n Center CDBG furids)ast year, the funds (be -Os ed idek lld - le pigiarnl The Household & Outside Maintenance for Elderly program known as HOME is operated by Senior Community Services, a well-respected Minnesota non=profit 01ceX3) organization, now in its 64th year. The mission of Household & Outside Maintenance for Elderly (HOME) is to assist older adults to maintain their dignity and live independently by providing accessible, reliable, and affordable homemaker, home maintenance and chore services Provided on a sliding fee scale, services include: 1)honiernaking - housecleaning, laundry, and grocery shopping; 2)home maintenance, including interior/exterior painting, minor home repairs, minor canpenry, and metalling safety grab bars; and, 35 choregervices, consisting of lawn powing, snow' removal, raking, yard cleanup, and window washing. The HOME program has been serving the community since 1980 and partnering with the city of Brooklyn Center for 20 years. These services help seniors stay in their homes and apartments in dignity and safety. HOME services meet seniors' special needs because HOME is a trusted provider and becanse our services are nt'ailable on a fair and affordable gliding fee scale, while at the same time, preserving Brooklyn Center's housing We anticipate. serving 80 Brooklyn Center Residents, age 60+ 8If you have previously been fnhded tbiopgln. ODBG imds, please pfuvrde a 10 Bioklyn1 Center residents and -thatravo beenpro\ ided to We projected serving 100 Brooklyn Center residents in 2014, age 601- slid we served 143 Brooklyn Center residents. We provided 492 jobs totaling 1,913.75 hours of service. The breakdown of these jobs are below: - SpriugA Fall Yard Clean Up: 40 - Minor Reapirs: - Mowing: 230 - Homemaking: 23 - Snow Removal: 90 .JnterioriExteriorPainting 10 Page 2 of? - Partnership with Brooklyn Center Fire Department installed 66 smoke and/or CO2 detectors In our most recent sirrvey conducted in December 2014, here is the response to the question "Would you recommend HOME to other seniors?" Yes: 287 No: 2 Maybe: I 93% reported received a call back within 24hours. 99% reported that the office staff was courteous These results demonstrate that clients are very satisfied with the HOME program. 9.;iJoyou.'plantd provide this service to other 'Oi ties bk . jthisdiction? Will CDBG 10 fuiidsbeus'ed Yes. The HOME program serves Bloomington, Brooklyn Center, Brooklyn Park, Crystal, Deeplmveo, Eden Prairie, Edina, Excelsior, Golden Valley, Oreenvood, Hopkins, Long Lake, Maple Grove, Minneapolis Minnetonka, Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Shorewood, Spring Park, St. Louis Park, Tonka Bay, Wayzata, and Woodland, Senior Community Services is requesting CDBG funds from other cities (Maple Grove $5,000; Edina $10,095; New Hope $5,000; Eden Prairie $9,000; Bloomington $20,0,00; Plymouth.$5,000; and, Richfield $18,098) to provide HOME services to help their residents, age 604-, remain in their own homes. 10 Pleise desqrtbehow you plan to mecord and report a000mphshmens nnd monitot 10 the rsulfs The HOME Program staff conducts an annual survey in December of program parficipants to gain feedback on how well the service or experience meets their needs and to evaluate our program otitconies. The survey responses are compiled in January, Staff also review client records, This information is used to make continuous improvement In service delivery, The HOME Program also maintains a comprehensive Chore database that enable staff to analyze program effectiveness and make adjustments as needed. Regular site visits are conducted by funders, Frequent, regularly scheduled staff meetings provide continuous quality improvement byinethods such as comniunity resource updates and in-service education. The program director and co ordinators utilize professional development plans that focus legning onmissioli, service, and best practices. 11 Pleaso desonbe yooiexj,euec.e athmnistet ing federal/public ftjnds arid lmo'yOu 12.0 hayebeen able to meet the ccm,phs9cp seqrip,ements (piese piovide !1 copy of - - i pie(iidtts annual mnd q'imitemlyqpots) 'lso please state if you rth evmouslybeeh '- 4 rippioved fi CDBd frindthand not metjhe m ennbmsetnctit requnenierits? We have 201- years of expri,ence administering federal funds. We administer federal Raids (CDBG) in nine suburban Hennepin County cities. We also meceive fede,ral funding (Older Americans Act Funding Title III). Through our comprehensive Chore database, we are able to meet the conipliaqce tracking jequiromeilts. Attached is a quarlerlyreport and. a 2014 year end report, 12 Do otliei entities 1iovmde Brooklyn CenteLibl1enh flso'game 01 simila't serVtee5 10 , fom 'which you am o i equesting funding? rmefly 'describe why yopr piogiani s iniqtie n - tile ty yoti ate proposing to fund There are many other for profit providers that provide some parts of the comprehensive Page 3 of 7 services that. HOME provides, but these services are provided, at market rate. The HOME program provides critical services to help seniors remain in their home on a Sliding fee scale, We also use volunteers to provide spring and fall yard clean up free of charge to the client. There are often trust issues when it comes to i senior letting a stranger in their home to provide any service. The HOME program surveys its clients and the top three reasons that seniors chose the HOME program over other for profit providers is; 1 They cannot afford to pay the market rate. 2. They trust the HOME program's staff. 3. They are unable to do 'the work themselves, Participation in the Household & Outside Maintenance for Elderly (HOME) ,rogram assures access to additional reources and services that would benefit th older adult. Additional services are prdvid'ed in a seamless manner, consistent with out Mission, as part of our comprehensive approach to helping older adults live independently in their own homes. Many frail elders utilize other Senior Community Services' set Vices, such as care coordination, participation in physical fitnesg, educational, recreational and social activities- outside theirhome through Senior Comi'nunity Services' five senior center and community-based programs; or support for their family members through caregiver coaching and counselipg. In addition, Senior Community Services has successfully established partnerships with over 255 other agencies, units of government, churches, school districts and local community programs to provide access to services such as respite, adult day services and home care, meals on wheels, transportation, etc., and ensures that 'Senior Community Services provides an integrated, non-duplicative service system for every elder, regardless of that persons entry point into Senior comnmnity Services, 13 JPlease desetibo how tins piogram is seady db' impIeinenhtion 'dnd 'what steps 20 would need to ba'taken befoje- this rogiam cnheaded HOME was originally a prograiii of South Hennopin Human Services which started in 1980, but was transferred to Senior Community Services in 1990. At that timeHOME served the cities ofBloomington,.Ed,afl Prairie, Edina, Richfield and $t, Louis Park. HOME expaflded in 19.9 2 to inchq de the cities of Minnetonka and'Brooklyn Center. In. 1999, the Robbinsdqie School District 21 çomnTunityEducation approached Senior Community Servims with the opportpnity to merge their program with our program. In 2000, the merger went through and HOME expanded to the citiesof Crystal, Golden Valley, New Hope, Plymouth and Robbinsdale. In 2003, HOME expanded 011CC again, this time to thecity of Hopkins. Due to the number of calls from seniors living in the cities of Maple Grove and Wayzata for HOME, services, in 2011, HOME expanded to Maple Grove and Wayzata to meet the need. In 2014, Senior Community Services acquired. CHAP's Chore program and expanded to serve Brooklyn Park and Osseo. We also eipanded to 11 coninumnitites in the Westonka area in 2014. As of Januamy 1, 2015, We have acquired Neighborhood Involvement Program's Chore program and new we seve the City of Minneapolis. HOME has a solid history of incremental expansion in Hennepin Coupty to meet the growing needs and preferences for affordable lsoiflernaking, home maintenance and chore services, Page 4 of? o CivicEngagenient .p.pinituiity Image '. , IHZI Focused Redevelopment I _U_ o L_L ° Vibrant Neighborhoods Describe: It seems like every day we hear about people losing their homes to for eclosure. It is frustrating that there really isn't anything we can do to help these folks. There is another group of our neighbors that could lose their homes this year, not to foreclosure but to the inability to care for their homes. This is group we can help stay in their homes through supporting the HOME program. Market- rate inhome professional, help is simply out of reach for the low- or moderate- income seniors. HOME services are provided on a sliding contribution scale. HOME is able to offer its services to seniors regardless of ability to pay. But this is only possible with community support. (Financial stability) We also believe the city's support of the area's elderly population through the work of the HOME program is a worthwhile component in the overall strategy of improving and preserving Brooklyn Center's housing stock, (Community Image & Vibrant Neighborhoods) - See breakdown of services in Question 8. By signing the statement below you are certifying your organization has the capacity to participate in the DBG process and can provide the required doqumentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination finding Applicant'g signat4i)j )tle:Q Date:1-15-15 Received s4h,._— Date:I 1 5 Time: 61 O-/ Gt '-\ Page of 7 C'- .0 C-'- S S(0 _ (0 0.bb0 o 0(-. (0 C_0. 0 -a; -D•0 (UC 00 ro- a)m 5 cC (0U C_ a)01) 000 0C C-0. 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' (0 a) - U) a) - E oj - 0 4 'a)EEE — U a _ 0. 0 0. 0 Ca) U0C a)a) 0) C .0 U .0a) 'O Ca)it a) a)U) '00r Hennepin County CDBG Program Client Benefit Reporting Form Agency Name: Senior Community Services Program Name: Household and Outside Maintenance for the Elderly Brooklyn Center Reporting Period: 10/112014 thru 12/3112014 CEIBO 2nd Quarter 'i Year 'to DateNew Individuals Served this Income Categories Reporting Period .F.orffie6i1lY 0-30% Extremely Lov/8 : - 3150rY Low 26 1851-60% Moderate" 52Subtotal 70Greater Than 8O% UNKilOWN* 122Totals Race/Ethnicity Categories # Non Hispanic # Hispanic # Noi-i Hispanic #Hispanlc 11-White 114 V. 12-Black/African American 8 13-Asian __________-';.: 14-American Indian 15 Native Hawaiian/Other Pacific Islander 16 American Indian/Alaskan -- Native &White 17-Asian &White 18 Black/African American & White 19 American Indian/Alaskan Native & Black/African American 20 Other/Multi-racial Totals Female Head of Ho us eh old Describe accomplishments during this report period (attach additional pages as need): In the third quarter of 2014, 410.5 hours of services were provided to 41 Brooklyn Center seniors residing in 33 homes. HOME provided:, Seasonal Outdoor 666.75 'Hours Minor Repair 13 Hours Mowing I ... -, Cleaning 22.5 Hours Snow Removal 112 Hours Painting 10.5 Hours See sheet I from summary Information provided by: 942.75 Total 'ion enth/iow (Date) 11812015 Hennepin County CDBG Program Client Benefit Reporting Form Agency Name: Senior Community Services - Program Name: H.O.M.E. Brooklyn Center Reporting Period: 01/01/2014-12/3112014 New Individuals Served this Year to Dat Income Categories Reporting Period For office use only 0-30% Extremely Low"- 31-50% Low 20 - 51-80% "Moderate"19 -. Subtotal 52 Greater Than 80%11 UNKN0WN*******80 •-. •- - - Totals Race/Ethnicity Categories #Non Hispanic #Hispanic 143 # Non Hispanlc # Hispanic 11 White 135 12- Black/African American 8 ---:- /13-Asian 14 American Indian 15 Native Hawaiian/Other Pacific Islander 16 American Indian/Alaskan Native & White 17 Asian & White 18 Black/African American &-. White 19 American Indian/Alaskan Native & Black/African - American 20 Other/Multi-racial IIIIIIIIIIIIfIIIIIIi1IIIIIII1II1Totals143 F emale Describe accomplishments during this report period (attach additional pages as need): In the year of 2014 we were able to provide 1913.75 hours of services to 143 Brooklyn Center seniors residing in 125 homes. We provided 55.00 hours of cleaning service, 567.75 hours of lawn mowing service, 297.75 hours of snow removal service, 854 hours of volunteer service, 70.75 hours of minor repair service, and 6850 hours of painting services. HOME. continues to work with the Brooklyn Center Fire Department on the free smoke detector program. We are also continuing to market and build partnerships within the community. Information provided by: HOME Program - 'jj\ Dportrnont of t1 Tronsuiy IntoinI ReVenue Servie, - In reply refer to{ 0248562365 CINCINNATI ON 45999-0038 Mar. 19, 2008 LTR 4168C EQ 41-0720473 000000 00 000 00015663 BODC: •TE SENIOR COMMUNITY SERVICES 10709 hIAYZATA BLVD MINNETONKA MN 55305-5509995 si_SD Employer Identification Number: 41-0720473 Person to Contact: Robert C. Voss - Toll Free Telephone Number '1-877-8295500 - Deer Taxpayer: This is in response to. your request of Mar. 12, 2008, regarding youS tax-exempt status, Our records indicate that a determination letter was issued in May 1965, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(5) of the Internal Revenue Code, Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(.Vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to yauor for Your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, 'please call us at the telephone number shown in th.e heading of this letter. - Sincerely yours, *Ath 4' Michele H. Sullivan, Oper. Mgr. Accounts Management Operations I Attachment III - Meal on Wheels (CEA.P) Application BOOLYN CNTR A GREAT P[AOE10 TkflTi Pr GREAf PL?CE O 8TAy W WW cdyafbtOhklyncenteror9 Urban Hennepin County Community Development Block Grant Program (CDBG) FY2015 (July 1, 2015 thru June 30, 2016) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 4:30 PM Public Hearing: February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:kAk Program Name:CEAPs Meals on Wheels Purpose:Provide meals to homebound seniors, ifgkifiKf 'in der to bconsaleied 1oftbese ognoii lnu iet the jiiisnii ernrethéks tidôs you Organizationhave a 501 (o3) sthtu?1 y -' .less M El2. Do the activities benefit at least 51% low- and moderate-income households with than 80% Area Median Income (AMI) as stated by HUD and arc YOU able to provide Income-eligible certification for all clients?b 6 cs yOtir.orgànization havtli staff cdpcf.tô administerthepi'ograifl? .. --. ...-- 4. Do you understand and are capable of providing all required documentation to obtain U reimbursement? - 5 Which of the following Eligible Public Service Activates will the program provide 9 (Choose All that ppIy)U ElEmployment set-vices U U--: :O'rôvètid pUbii.srites U Uo Health- Services -U Uo SubstnceabseeiVices o Housing Counseling Do Education pioglains D_o EneryConserVatiOn, . .....-., - .- Li LjServices for homeless persons Page 1 of S 1 i I f ii i4 jjt recatiom ____ 6 Pr9posed program description B-a concise yet thorough rn dcsciibrng the activity of oniy the program for which funding is being sought and In only as much detail as CDBG funds 10 needed Include Brooklyn Center local need(s) and population served cannot be used to replace curi ant program funds _If this is an existing progiam and your organization did not receive Bi ooklyn Center CDBG funds hst year, the funds iñutbe used to expand the proatu; CEAP's Meals on Wheels delivers nutritious meals to seniors and adults with disabilities who are not able to provide hot meals for themselves. Meals On Wheels is a vital program in our community. Over 90 seniors in Brooklyn Center receive meals each day Monday through Friday through trusted, reliable volunteers from our community. Meals On Wheels is unique in that it also provides daily contact with a caring individual in the community and that vital "check in" and follow tip if needed. - 7 Describd'the anticipated iesults and accomplishments for your proposed program 5 Seniors will have access to a nutritious meal who may otherwise not be able to prepare on their own which allows seniors to stay in their home. Volunteers deliver the meals so a community connection is made as well during the daily "check-in" for wellness and safety. 8 If you have pmevioirslybeen funded througl CDBG funds, please provide a 10 breal down of the services that have been provided to Brooklyn Center residents and-The accomplishments........:.! :-'..: - •. - , :. ... Previously funded CDBO programs for CEAP include CEAP's Meals on Wheels, Funds were used for program coordination, volunteer recruitment and an expanded selection of culturally appropriate meals. 9 Do you plan to provide tIps service to other cities orjurisdiction? Will CDBG 10 funds be 'Ifs ed '- CEAP's Meals on Wheels delivers meals in Brooklyn Center, Brooklyn Park and parts of Minneapolis. Requested funds will cover the staff labor costs to manage the entire ro rain with the m&ority of the . clients in Brooklyn Center. . tact mplishme -monitor te CEAP tracks information of meal delivery and client information daily. This data is reviewed monthly by our staff, every other month by our Board of Directors and evaluated to ensure we are meeting our goals and objectives. We also reports our results to Metro Meals ON Wheels, Metropolitan Area Agency on Aging and Hennepin County. Client satisfaction surveys are conducted twice annually. 11 'Please describe our expei ience administering federal/public funds and how you 20 de ahave"bden able to meet the compliance reqmrements (pleae ,pI'ovr copy of ieports Also please stateif you have previously beenpreviods annual and quarterly" &'dfói'CliBG fundi -rifidIidt ietthe'einibureniektre iirernetit.s?.-,:-. CEAP has been administering public funds including CDBG funds for numerous years and have been corn pliant.. 12 = Do othem entities provide Brooklyn Center residents the same or similar services 10 df-4iih - i'è dhtidg'fundin? -B/Ipfl dFi6d-wh ' OUr.' rdaiistthi dê in. Page 2 of 5 thsert'iee ddfivit' You ate proposing to fund. .-•.:. . . . .. No, there are no other entities that provide meals to seniors in Brooklyn Center. 13 Please describe how thigprqgram is-ready for implementation and what steps ptildieeFtd 'bd takn.hrfore this prograineanbe takied. •' . ... ... 20 CEAP has been sucesafully operating Meals on Wheels for over 40 years in Brooklyn Center and contintues to grow and serve more people. .14:- Please describe hO*w your pr6grammcetsbne ordioie of the City's priorities.. . listed belov. (hee1.p1l that apply) Sep attadbmnt for more information about ity . .• . . . . , .. ..priorities. : :.' . o Civic Engagement . çothum.tyithage • :............... :: . . . . Focused Redevelopment . . .. U I_LEl_.... Finannal StpbilEW: • .. . . . . .' .. : . a Vibrant Neighborhoods _____ Describe:Enabling seniors to stay in their homes by providing a nutritious meal through CEAP's Meals on Wheels program helps Brooklyn Center's community image and vibrant neighborhoods. Brooklyn Center's support for CEAP's Meals on Wheels shows Brooklyn Center takes care of its residents and provides a sense of community as CEAPs Meals on Wheels offers that daily cheek-in for seniors living alone. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG piocess and can provide the required documentation in the implementation cheduIe. I certifythat alt answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will because for rejection of this application or termination funding Applicants Treside Date:1Ll 5 Received Date: 'Z I iS Tirne:!LL Page3 ofS linfoprmation: Public SerulceAppllcatlnn (family, youth andsnninr rewires) Urban Hennepin CnvntyCaea Program Year2Olu Please answer below In this column Gene Organization: Community Emergency Assistance Programs Type of entity: Hon-profit CD8G funding request: $15,000 Use of COnG funding (e.g. staff labor costs): Staff labor costs Contact person: dare Urnmhack Phone/Email: 763-45O-3666 / clure.brumback@ceap.com Program Information; What is the program name/type of service? CEAP's Meals on Wheels delivers nutritious meals to seniors and adults with disabilities who are not able to provide hot meals for themselves Meals On Wheels Is vital program in our community. Over 120 (over 30,000 annually) hot meals are distributed each day Monday through Friday through trusted, reliable volunteers from our community. Meals On Wheels Is unique in that It also provides daily contact with a caring Individual lathe community and that vital "check in" and follow up ((needed. Is this an existing COBG-funded program?Yes. Where is the program located, if applicable?CEAP's Meals on Wheels Is located In Brooklyn Center. What Is the service area of this program?CUSP'S Meats on Wheels serves all of Brooklyn Center, Brooklyn Park and She Camden neighborhood of North Minneapolis. Who is the target clientele?CEAP's Meats on Wheels serves seniors and adults with disabilities, 30% are black or African American, 3% Asian and 3% Hispanic. CEAP delivers over 120 meals a day, Monday-Friday totaling over 30,000 meals annually. What needs does this program address?CEAP's Meal on Wheels provides the ability for seniors and adults with disabilities to stay In their home by providing a nutritious meal delivered to their door. It also provides a daily check-in and valuable community connection for those that may not otherwise be able to get out of their home. Is the need growing?Yes, as our community continues to age, CEAPS Meals on Wheels program continues to expand In Brooklyn Center,lhe reduction in funds available through the federal government because of the 2013 budgetsequester has decreased our ability to provide subsidized meals for seniors. Many low- income seniors that were receiving subsidized meals may no longer afford CEAPs Meals on Wheels. Support is needed to continue to serve this growing population. How does the program address these needs?CEAPs Meals on Wheels continues to expand and take new clients and also provide culturally appropriate food as our community grows and becomes more diverse. As the Cost of food Increases, the need for COBG funds is necessary for this program to grow and serve the community. How many persons were sewed by this program In the last 12 months? 221 What is your goal for number of persons served July 2015 - June 2016? 254 What percentage of clients are (or are estimated to be) law and moderate-Income eersnnc? CORPS renidres at least 5156 63% Staffing and Financial Caoacitnrt: Describe the organizations experience in providing this service staff capacity and CEAPs has been a social services agency serving staff qualifications: Brooklyn Center since 1971 and operating Meals on Wheels since 1973. CEAPS Meals on Wheels coordinator has successfully performed the position for over 10 years. Awards must be spent by June 30, 7016, and itis requested that funds be spent by April 1, 2016. When Is the anticipated date to expend the funds? April 1, 2016 FindngSàursj.s: COBG $15000 dilier IederaIiletropolitaaArea Aglig Agepcy)- -' I - 14 4h — Statufsandlng 1ncajfjnding ,. .. -. - r • $5bOijtledivldualsandedefltsL -. Corporate contributions — Founddtion conhibationt I s $ — — 7.Other (specify) progiam fees - $60 000 Consistency with Plans and Public$nnopprt: Consolidated plan? *Applications Will be reviewed and ranked based on the 2015- 2019 Consolidated Plan high priorities, use the 2010-2014 priorities as reference. High - CEAI"s Meals on Wheels In supported by the Describe any mold-community, multi-agency or public/private partnership support: community as the nsuais are delivered byvolunteers. uescniuo now sue activity tenets it neeo not currensiy or axequateip ueuig i-ia usiter prograisi nenneis fiieais to seniors to tneir addressed by other services: homes in Brooklyn Center. Internal Revenue Service Date: March 15, 2007 COMMUNITY EMERGENCY ASSISTANCE PROGRAM INC 6840 78TH AVEN BROOKLYN PARK MN 55445-2760 408 Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Julius 3108345 Customer Service Representative Toll Free Telephone Number: 677-829-5500 Federal Identification Number: 41-0990340 Dear Sir or Madam: This Is in response to your request of March 15, 2007, regarding your organization's tax- exempt status. In March 1972 we Issued a determination letter that recognized your organization as exempt from federal Income tax. Our records indicate that your organization Is currently exempt under section 501 (c)(3) of the Internal Revenue Code. Our records indicate that your organization Is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2105 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, kkuL) Michele M. Sullivan, Oper, Mgr. Accounts Management Operations I Attachment IV - Tenant Advocacy Program (HOME line) Application CENTER A GFIE,T PtCE'iO STA'fIT 4 dREAT PLAOE'1OSTA? wwwcityofbtuokIyncenierwg : -- Urban Hennepin County Community Development Block Grant Program (CDBG) FY2015 (July 1 2015 thru June 30, 2016) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 4:30 PM Public Hearing: February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:HOME Line Program Name:Tenant Hotline Services Purpose:HOME Line will provide a tenant hotline that provides free legal advice to tenants about landlord/tenant law. These services prevent problems rancina from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. i1n ordi bdc idd foftijese pr riou ihdEiii1 ti iiinii reiui1reni%ts 1 Does your Oiganizatton have a 501 (c)(3) status? 2, Do the activities benefit at least 51% low- and moderate-income households with less - U LI than 80% Area Median Income (AMI) as stated by HUD and are you able to provide Income-eligible certification for all clients? 3 Does yom oi ganization have the staff capãbi t to admrnidtei. 0 'prograrn r 4. Do you understand and are capable of providing all required documentation to obtain - -LI LI reimbursement? 5, Which of he follouvin Eligible Public Service Activates will the program provide? • -. (Choose All that apply) Employment services , Cdmivention.nd publiE serviced - • Health Services 11E-El-D [1 .Substanc biidéservices. -. 1-lousing Counseling rE01 U Edatinq Energy Conservation Services foi senior citizens Services for homeless persons LIUU Page 1 of HIMNlylaw.edIbe Ts (9Se im00 6 Pioposçd program desciiption J3e concise yet thorough In describing the activity of only thdprogram fot -vhich funding is being sought and in only as much detail s 10 needed Include Brooklyn Center local need(s) and population served CDBG fUnds cannot be used to replace ourient pi ogram funds If this is an existing piogram and your oiguiization did not receive Brooklyn Center CDBG funds latt year the funds must be used to expand the program Renters make up nearly 4,115 households in Brooklyn Center, and many of these families have low incomes, When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. The Tenant Hotline Services began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state and have recently taken our 175,000th call. Five full time and one part time staff attorneys work full time on the hotline along with 50-75 law student volunteers each year. Our Tenant Hotline Services to Brooklyn Center have helped save tenants at least $24,153 in 2014. We also helped to prevent the eviction of 24 Brooklyn Center families. Last year, we advised 243 renter households from Brooklyn Center. The most common reasons Brooklyn Center residents call our hotline are: evictions, repairs, and security deposits. The need for this service in Brooklyn Center is apparent -- Brooklyn Center residents already rely on this valuable service. By offering flee tenant hotline services, HOME Line has been providing needed services for those most vulnerable. While our services are available to all renters free of charge, 97% of our Brooklyn Center callers have low incomes; (82%) of these callers are women; 77 0/0 are racial minorities. Our programs are aimed at low-income renters. We identify the key demographics at the beginning of each cal I. Additionally, in 2014, HOME Line has added Somali and Spanish Language Tenant Advocates to assist immigrant renters in their native language. 7 Desci ibe the anticipated results and accomplishments for your pmoposed pmogm ani ILI We anticipate assisting approximately 240 Brooklyn Center renter households over the hotline during the program year, preventing 20 evictions, and saving tenants over $20,000 dollars in rent abatements and security deposits. 8. If you have previou1ybe6n'thnded thronghCDBG funds,p1ease provide:a:-. 110 Page 2ot7 breakdówn ôfth Hrvicesihat haVebeèn provided toBrobkiyn Centr te§idcq5 and the accomplishments In 2014, 243 Brooklyn Center renter households contacted HOME Line for Tenant Hotline Services, This represents service to approximately 608 residents when all family members have been counted. In 2014, HOME Line helped renters from Brooklyn Center: * Recover and/or save an estimated $24,153, • Prevent an estimated 24 evictions. • Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. INCOME BREAKDOWN The vast majority (97%) of these callers are extremely-low, very-low or low-income. These income categories are those used by the U S. Department of H.U.D.: • Extremely Low: Incomes below 30% of metro median. • Very Low: Incomes between 30% and 50% of metro median • Low: Incomes between 50% and 80% of metro median. • Moderate: Incomes above 80% of metro median. RACIAL BREAKDOWN 69% African American 23% Caucasian 3% Hispanic 2% Other 1% Asian 1% Native American GENDER BREAKDOWN 82% Female 18% Male :9;. Do you plan to provide this -service to other cities ojurisdiction? Will CDB G 10 ,thds be used - -. Yes, In multiple cities CDBG and other city funds are utilized to pay for HOME Line's services. JO Please desciibe how you plan to iecord and iporLacomphshments and monitor 10 the tesults ROME Line records and documents all calls to our tenant hotline. We maintain these records in a database, In addition to basic demographic information, HOME Line record types of calls and follow up information and results when obtained. HOME Line analyzes the overall information to monitor trends and challenges facing families in rental housing, as well our overall impact in each community. HOME Line does and will continue to provide reports to the city of Brooklyn Center. 11 Please desci ibe youm experience administering federal/public funds and how you 20 have been able to meet the cotfrplianc fequmi ements (please pm ovide a copy of pievmous annua) and quart6m ly reoris) Also please state if you have pmevously been approved fbr".^CDBGJUfiijm Pam hdt mht . 1:. HOME Line throughout its history has had a wide variety of local, state, and Page 3of7 Federal programs that provide funding for our services. This includes city, CDBG, County, State and Federal funding. HOME Line has always complied with the various requirements of all of these programs. We have attached a copy of 1-TOME Line's 2014 4th quarter report. This report is primarily for private foundations who support all of HOME Line's programs. 12 Do othei entities provide Brooklyn Center residents svicese sae or similar er fot which funding? Briefly describe is unique inyou are requesting why your program 10 the service activityyou are pioposuig to fund The only other organizations providing similar services fur tenants in Brooklyn Park are the Minnesota Attorney General's office and Legal Aid, The AG's office refers tenants with questions to our hotline, but does not give tenants specific advice. We often confer with colleagues at Legal Aid on litigation and court issues and on legislative matters. However, our hotline, while providing a service similar to that of Legal Aid, does not have the extremely low income requirements of Legal Aid, We are able to serve the working poor. We will also advise renters on any issue that renters face as part of their rental agreement. 13 Please desci ibe how this program is read for implementation and what steps 20 c &ildêdtö b tñkeh before thisprdgtancafi bstarted .. .0 Program is ongoing, Spanish and Somali outreach started in September 2014. 14 Please descimbe howyoum piogmum meets one or more of the City s priorities 20 10Ilisted be16W :(Cheèk Cli fflat•app1)Se'átfaôhthentfórmore infonition about city priorities.. o Civic Engagement . LIFocused Redevelopment .. . . . . .. • Vibrant Neighborhoods Describe: When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. Renter families become civicly engaged in resolving their rental issues, giving their families more financial stability and contributing to the health and safety, as well as the good repair of their rental housing. Engaged tenants, involved in their communities and proactively dealing with tenant issues, increase their families financial stability, and improve the quality of housing, helping to create Vibrant Neighborhoods. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. Page 4 ofl I certify that all answers to the above questions are true and accurate. I understand that any false informationon or omission of information from this supplemental application will be cause for rejection of this application or termination funding Applicatits Signature: seth kod tho -'& Title: ExecutiveDirector Date: 1/20/2015 Received by: _4- Date: / Time:2 Page 5 of 7 H General lnfnnnation: Organization: Public Service Application (family, youth and senior services) Urban Hennepin County CDBG Program Year2015 pJeéireloWin1hisfolir( HOME tine Type of entity: Hon-profit CDBG funding request: Use of COBS funding (e.g stuff labor costs): Contact person: Phone/Email: Program Information: \"hatls the program name/type of service? Is this an existing COBG1anded program? Where is the program located, if applicable? What is the service area of this program? Who is the target clieniin? g,545 Staff Labor Costs Mike VraS Managing Attorney/Hotline Director 612728-5770413 mikevhomeiinomn.org Tenant Hotline Services Yes Phone service City wide Loss Income Renters What needs does this program address? Renters makeup nearly 4,115 households In Brooklyn Center, and many of these families have love Incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in h ou sing that Is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Live provides renters with the tools necessary to keep their homes safe and affordable. Additionally, the latest census information sisoves that Brooklyn Center now has 2,531 Spanish speaking residents. Brooklyn Center also has 3,223 African born immigrants from Subsatmaran Africa. These immigrant communities are more likely tube renters, low-income, and because of language and cultural barriers, m ore susceptible to poor rental practices. Is the need growing? Yes, 3% locrease In calls over last year Hew does the program address these needs? HOME tine provides renters with the tools necessary to keep their homes safe and affordable. HOME Lines Tenant Hotline presides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result In reducing the use of the city's emergency resources. In 2014, eurTenant Hellion Services to Brooklyn Center advised 243 renter households, helped prevent the eviction of B families, and saved tenants at least$24,153 . The nsostcommnn reasons Brooklyn Center residents coil our hotline are evictions, repairs, and security deposits. The need for this service in Brooklyn Center is apparent - Brooklyn Center residents already rely on this valuable service, While our services are available knoll renters free of charge, 97% of our Brooklyn Center callers have low incomes; 82% of these callers are women; 77% are racial minorities. Our programs are aimed at love- Income renteto. HOME Line's new language and cultural access initiative means that Somali and Spanish speaking renters can directly call our Somali and Spanish speaking Tenant advocates in their native languages and get assistance with their rental problems. How many puwnys were served by this prvgrom in the last 12 608 months? What is your goal for number of persons served July 2015. Juno 600-6211 2016? What percentage of clients are (or are estimated to be) law and 97% moderate-income persons? CObG requires at least 51% Staffing and Financial Capacity: Describe the organization's experience in providing this service, staff capacity and staff qualifications: The Tenant Finilive began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state Awards must be spent bylune 30, 2016, and it is requested that funds be spent by April 1, 2016. When Is the anticipated dale to expend the lends? April 1, 2016 nni3ipgSuurceo Ci)0G $09436 Othnrederal : a- . 0 State funding 100000 -Local funding -, " 135,787 Corporate contrlbutlont 0 ?'ouiidattan cootnbutlnek 143;717 O ther (t1otlrnnTra,ulng, Attorneys Fees Books Sates Cnntrtbutront) $53 100 Other (Pnnsteru to ba developed neui earned Income) - ' - f- -tO3 412 Consistency with Plans and Public Support: Is this a high, medium, or law priority service according to the 2010-2014 Consolidated Plan? 'Applications will be reviewed and ranked based online 2015-2019 Consolidated Plan high priorities, use the 2010-2014 priorities as reference High - Public Service - Henning Counseling Describe any multi-community, multi-agency or public/private partnership support: HOME line has a history of successfully partnering with foundation, and local and state governments to help support our Inscribe hue, the activity meets a need not currently or adequately being addressed by other service,: The Attorney General's office refers tenants with questions Cu our hotline, but dens not glee tenants specific legal advice. J,RTtSEHT OF flt T5F15tJllY IF.RUii ncVEflW 5RV1CF P. c. SOX 250D ciucI'ri. on 4,520 1 Employer Identification fltsitber: 'rjstei EB 1 200 !34L);i9.11ll5 :170530037 6908 '$ HOME 3,iN CO7LtOCt pereon reic a 1RTFt.SF. D0 31323 3455 BLoOtI'10U AVE Contact Telephone ueberi 1l51EMOXiIS, 1411 55497-0000 (077) -5500 Public ChnitY StatilO: -10 (b) (1) (it} (vi) Deer Tpp1iCaflt; Our l e tter dated 11OIelitbdr 1999, stated you would be exempt rCui Federal would income ta: under section 501(0) (3) of the internal fleVeflUe Code, and you be treated no a public charity during an edvaciCa raliriD p0iOd. 9aed on our records and on the infrmatiofl you he end you cr0Code, we are plcad to cOnfi)5 that you are compt undersection 501 (c) (3) Of t cleecitie as a public charity under the Code sec tio n abed in the heading of d this letter. D g57, T-5XeIUP Status for Your orgnniretioa, provides detailed intocmnt-°n about your rights and reuponnibt)tt& as en sxciiia rpublicatio pt You may requeSt a copy by collinS the t o ll-free nuaber for forms, (800) 039-3679. InformatiOn in elsa available on our internet With Site at w,:. L Ie.gOf.organizations, please call our. If, you have general 5uoatioaS about exeiilpt toll-itCt numbar shown fl the )leading bthwceJt OiOO a.111, - s:30 p.51. gastarn time. F)ease hoop this letter in your ptmftn0Ot records. SinceidlY youtU. 1 Lois G. 3rnCrDirector, E<oispt organisatlo15 Rulings and reemeflt0 Latter 1090 (00/ca) '107^ 3455 Bloomington Ave Minneanolis, MN 55407 Office phone: 612/728 -5770 Hotline: 612/728-5767 Fax: 612/728-5761 MEMO TO: HOME Line Ponders and Supporters FROM: Beth Kodluboy, Executive Director SUBJECT: Quarterly report (October 1 —December 31, 2014) DATE: January 22, 2014 Executive Summary • In 2014, HOME Line expanded to serve the entire state of Minnesota. HOME Line took a record number of calls, 15,404, 825% increase over our last year. Part of this increase is due to the Minneapolis expansion, but even excluding Minneapolis, HOME Line saw record numbers of calls from the rest of the state, a 9% increase from our previous record. This speaks volumes to the needs of tenants, as well as the pressure tenants are facing in this continued tight rental market. • HOME Line added Somali and Spanish Speaking Tenant Advocates in 2014. These two new staff trained in tenant landlord law, produced materials in these languages, setup direct dial hotline numbers, and are now working on outreach to these immigrant populations throughout the state. HOME Line's Tenant Hotline in 2014 o served one in every 37 renters in Minnesota. o prevented approximately 1,141 evictions, o saved renter households over $2,047,450 in security deposits and rent abatements, o 2,003 renters used our email an attorney as their way to receive tenant landlord legal assistance, a 20% increase over our previous record. o 74,376 people accessed our services through our website. Again, this is a record high. • HOME Line's Tenant Organizing focused on proactive strategies to conduct outreach to owners where affordable subsidy contracts are expiring to ensure owners take the correct steps to protect current residents. • HOME Line added a Volunteer Coordinator, position in November. Recognizing the need for volunteers to add to HOME Line's capacity to take more calls, and assist with organizing and advocacy, HOME Line shifted job responsibilities within our organizing to build this capacity. Already we are seeing positive results, and better coordination with volunteers. HOME Line January 22, 2015 Tenant Hotline Quarterly Report October 1 —December 30, 2014 HOME LineS Tenant Hotline provides renters with legal information about their tenant rights. The hotline started serving renters in suburban Hennepin County in 1992 and has slowly grown to serve more renters throughout the state. With the addition of Minneapolis on April 1, HOME Line now serves the entire state of Minnesota. Quarter Year to Date Opening to Date Calls Received: 3,529 15,404 175,195 Evictions Prevented: 260 1,138 12,929 *Total Money: $465,300 $2,032,341 $23,099,513 Volunteer Hours: 458 1721 42,016 TenantfLL Law Trainings 12 55 1,968 Attendees 278 1,482 50,930 Type of Trainine's this quarter Training Total Trained Tenants (Non-English Speaking) 3 35 Homeless Shelter 2 16 Landlords 5 187 High School Classes 1 25 City Inspectors 1 12 Top Ten Caller Issues 1.Repairs 735 African American:23.9% 2.Evictions 449 Asian/Pacific Island:1.5% 3.Security Deposits 438 Caucasian 66.9% 4.Break Lease 277 Hispanic 4.0% 5.Notice to Vacate 239 Native American .9% 6.Bedbug/Infestation 175 Other 2.8% 7.Privacy/Intrusion 151 8.Inadequate Heat 129 9.Neighbor Problems 125 10.Fees 66 * Total ,snossey saved is based on amount of motsey tenants recovered altercalling HOME Line in Kent abatements, aeeurey deposits and returned fees. This research was completed by a University of Minnesota School ofStalistics Ph.D. Candidate. This Quarter, our hotline added a volunteer coordinator to recruit and build tip retention with volunteers. Each month during the fourth quarter has resulted in an increase in volunteer hours and calls assisted. October November December Volunteer Hours: 53.75 Volunteer Hours: 112.25 Volunteer Hours: 117.75 if Calls by volunteers: 112 % calls taken by Volunteers: 8.2%% Calls taken by Volunteers: 10.1%% Call, taken by Volunteers: 10.4% Wage Contribution $1,306.66 Wage Contribution $2,728.80 Wage Contribution $2,852.50 Work Study Hours: 14.25 Work Study Hours: 62 Work Study Hours: 104 HOME Line January 22, 2015 -- Page 3 December is typically a low-volunteer month, however, since we began offering trainings for volunteers on a monthly basis, this has allowed for a more consistent rate of volunteer participation. For the entire quarter, volunteers saved HOME Line $6,897.96 in hourly wages, for a total of 283.75 assisted hours and 335 calls. Both work study students and volunteers contributed 464 hours, made 465 calls for this quarter, and took 17% of the hotline calls. With a staff member focusing on volunteer recruitment and retention, it is our goal to increase the contributions made by both volunteers and work study students tip to 300 hours per month over the course of 2015. We estimate that reaching this goal would save HOME Line a minimum of $7,293 per month in wages or S87,516 per year. Milestone HOME Line's tenant hotline set another record for calls received in a year. This year, we took 15,404 calls, nearly 3,000 higher than any previous year. Our call volume increased by an amazing 31%! This can be explained partially by our expansion into Minneapolis beginning April 1, 2014. However, even if we subtract Minneapolis calls, we still took 12,638 calls, nearly 1,000 more than any other year. Lan2uaue Outreach Spanish Speaking 55 Spanish speaking families have contacted the Hotline this quarter on the language access line. Advocacy and education for Spanish speaking tenants has expanded and grown over the past several months. Appearances on radio shows such as La Voz del Pueblo on community radio KFAI and Conversaciones Legales on Radio La Raza I400AM has reached tenants throughout the metro area. The amount of Spanish speaker's that have reached the hotline has increased with continued community outreach and education. In Rochester, connections have been established with the local Chicano Latino Affairs Council: a statewide government agency established to advocate for the needs of the Minnesota Latino population. Additional connections were made with the Three Rivers Community Action Partnership as well as the Austin Welcome Center: a community organization serving the region's immigrant population. Further, networking with organizations such as the Mexican Consulate, has helped to establish the reach of Spanish language advocacy. HOME Line has engaged 20 families, almost all Spanish speakers, in a property where a new owner is imposing illegal fees. This began because of a new collaboration with the Lyndale Neighborhood organization in Minneapolis to work with renters in properties that neighborhood has identified. At Seasons Park Apartments (formerly Buena Vista Apartments in Richfield) HOME Line flyered 18 units regarding an illegal fine for a broken pipe. Management charged all residents in one building for the repair of a common area pipe that was broken. A majority of tenants were Spanish speakers and did not know they could contest this illegal charge. HOME Line's attorneys wrote letter to management contesting the legality of the increase. A work shop is being planned in collaboration with MIRA (Modulo de lnformncion y Recursos) aimed at informing Spanish speaking tenants of their rights as renters. Somali Speaking 23 Somali speaking families have contacted the tenant hotline this quarter through the language line. Work Study Calls: 5 Work Study Calls: 31 Work Study Calls: 94 Combined hours contributed: 68 combined hours contributed. 17425 Combined hours contributed:221.7 [Cnmhinad rails taken: 117 Combined calls taken: 135 CombIned calls taken: 213 HOME Line January 22, 2015 Pane 4 Zeynab, HOME Line's Somali advocate contacted the branch of the African Development Center in Rochester as well as other points of contact for the Somali community in that city. This include the Intercultural Mutual Assistance Association (IMAA), Immigration Solution Center and the Zumbro Valley Mental Health Center. She is currently working to stablish Somali contacts in Owatonna, Mankato, Marshall and St. Cloud, Minneapolis, and St. Paul. Announcements were made on Nov 30 and Dec 7 1" on Somali community radio KFAI about HOME Line's services. Zeynab also attended a Somali Partnership building Networking event to connect this network with HOME Line services. Zeynab also conducted outreach to the People's Center health Services at Cedar River side area and met with community leaders at the West Bank Community Coalition. In Saint Paul, Spanish & Somali speaking tenant advocates have connected with Neighborhood House and look forward to future participation with their life skill courses. Media Appearances Tenant Advocate Claire Branigan was featured on KFAI Voz del Pueblo, a Spanish-language radio broadcast on 11/16/14 to discuss tenant/landlord law: hps:I/homelinemn .org/mainI2Ol 4/11 /tenant-rights-on-la-voz-del-Dueblo/ Tenant Advocate Claire Branigan, was a featured guest on Conversaciones Legates, on Radio la Raza 1400 AM on December 22, 2014. She spoke about HOME Line & tenant landlord law. Lyndale neighborhood reaches out to renters, Southwest Journal (11/18/14): Female tenants allege sexual harassment by landlords, Minnesota Public Radio (12/11114): http:Ifwww.mprnewsorg/stOrV/2014L12I1 1/landlord-sexual-harassnient Women accuse their landlords of sexual harassment, Minnesota Public Radio (12/22114): littp:#%vww.mpynews.org/story/2014/12/22/i -ent e r-barass i netit Policy Advocacy One excellent intern continued to spearhead HOME Line's blog on public policy. With prior history interning with other housing organizations, her work has been consistently top-notch. This quarter, her posts increased our blog's viewership by roughly 34% over our third quarter. Her contributions were thoughtful and took critical looks at both how renters are regarded and how those perceptions contribute to economic disparities in Minnesota communities. Preparation for the 2015 state legislative session this quarter included: ongoing work with the Homes for All coalition to include proactive tenant/landlord policy issues in their agenda, ground work on defense of the renters credit, stakeholder input on our bill from 2014 allowing for the breaking of a lease when a tenant has medical conditions that require alternative housing options, and check-ins with legislative authors. We have also been engaging with renters affected by the legal issues we HOME Line January 22, 2015 Page 5 hope to address with these legislative proposals. Organizing o Organizers began ajoint project with Housing Preservation Project to contact the owners of certain USDA Rural Development Section 515 properties across the state where upcoming mortgage maturity dates threaten the affordability of the projects and the long-term housing stability of existing residents. There are a number of options owners can take prior to maturity to preserve affordability or, at minimum, protect tenants from rent increases. We hope to encourage owners to protect tenants while also using the information we obtain from owners to advocate on state and federal level for better USDA housing policies. In HOME Line's efforts to get out the vote wrapped up midway through last quarter. We successfully engaged 333 callers to pledge and/or register to vote in the 2014 mid-term election. Organizers and interns additionally made turn-out calls with the League of Women Voters and Minnesota Public Interest Research Group, reminding pledged voters to get out to the polls and assisting individuals with any additional information needed to be successful on election day. Issue-oriented Building Organizing & Subsidized Housing Preservation In addition to the above projects, HOME Line organizers are constantly monitoring preservation status and interacting with tenants in many buildings considered at-risk due to subsidy loss or poor conditions/management Below is a sample of buildings which we consider most at-risk. Creek Terra . cc Apts Minneapolis 16 Section 8 units mTnflymim The owner of this property gave notice to end the Section 8 contract in April of 2015. HOME began working with tenants in Creek Terrace, a partially-subsidized Section 8 property in Minneapolis, over the summer, HPP and HOME Line were able to clarify with MHFA that there are an additional 5 years remaining on the original 40 year contract, and that MHFA is obligated to keep the owner in for the remaining 5 years. It is our understanding MHFA will now require the owner to renew for 5 years, but they are also working to extend the contract longer if possible. We are awaiting word of the owners rescission of their opt-out notice and will stay in contact with tenants. Q.T. Properties buildiii2s Minneapolis Several properties Mai-ket Rat HOME Line is working with staff frorn the Lyndale Neighborhood Association (LNA)to assist residents at several properties owned and/or managed by Q.T. Properties where tenants are facing rent increases and improper parking charge notices. We doorknocked several properties where there are high populations of Spanish-speaking tenants, many of whom have concerns about repairs, bedbugs, and fees. L.NA has been working to build on a tenant-focused group that meets regularly to discuss and respond to rental issues in the neighborhood. The Apartment Shop buildings Minneapolis Several proper-ties MarIcetRate HO'NIF_ Line is working with staff fi-om the Corcoran Neighborhood Association (CNA) to address substandard living conditions, poor management practices, and shared meter utility billing policies at a number of properties owned and operated by landlord Steve Freriz dba The Apartment Shop. We are identifying ways to enforce ordinances and state law in relation to improving energy efficiency, including having energy audits for several buildings as well as engaging with local council members about city policy options. HOME Line January 22, 2015 Page 6 Victoria Towuhomes Brooklyn Center 48 Section 8 units RUDJMBFA The owner of this former project-based Section 8 property opted out of the contract last year. We engaged and organized residents of the property in response to the opt-out, property conditions, nd overall poor management practices. Organizers have continued to work with tenants both collectively and individually to advise and support tenants through individual concerns and with widespread problems such as wrongfully billing tenants for required repairs made due to HRA Housing Quality Standards inspections in this last quarter we helped several residents settle or otherwise defend themselves from what have been primarily poorly initiated eviction filings. We continue to work with tenants so they can hold management accountable for the extremely poor practices they have been experiencing over the past year. HOME Line's Tenant Hotline in Brooklyn Center: 2014 OVERVIEW In 2014,243 Brooklyn Center renter households contacted HOME Line for Tenant Hotline Services This represents service to approximately 608 residents when all family members have been counted. The cost to serve Brooklyn Center in 2014 is $9,545. Top Ten Reasons For Calls (2014) 1.Eviction 51 2.Repairs 40 3.Security Deposit 24 4.Notice to Vacate 22 5, Break Lease 12 6.Privacy/Intrusion 11 7.Neighbors 10 8.Application 8 9.Lock Out 6 10. Discrimination 6 Callers' Income 2014 • Low •.t 17% Very Extremely Low, 21% Low 59% L: 1Lii1 Moderate 3% HIGHLIGHTS In 2014, HOME Line helped renters from Brooklyn Center: Recover and/or save an estimated $24,153. a Prevent an estimated 24 evictions. o Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. INCOME BREAKDOWN The vast majority (97%) of these callers are extremely- low, very-low or low-income. These income categories are those used by the U. S. Department of H. U. 0.: • Extremel y Lov:IncomeS below 30% of metro median. • Ve r y Low: Incomes between 30% and 50% of metro median • Low: Incomes between 50% and 80% of metro median. • Moderate: Incomes above 80% of metro median. RACIAL, BREAKDOWN 69%African American 23%Caucasian 3%Hispanic 2%Other 1%Asian 1%Native American GENDER BREAKDOWN 82% Female 18% Male Attachment V - Brooklyn Avenues (Avenues for Homeless Youth) Application t;g'ivd' ii7r AOREAT PLACE TO START A GREAT PLACE TO diAl W 'i CIOI )O1d3fi1Cfll th'bnn Hntntepiu County Comm inily Development Block (runt Progrurn (CDBG) FV2015 (July l 201S Ubru June 30 20i6J Aicikm lb quest for City of Brooklyn Ceuir's liinds Supplemental Application Due: Tuesday January 21, 2015 by 4:0. PM Public Heating: February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:Avenues for Homeless Youth Program Nanie;Brooklvn Avenues Puipose:Einergency Shelter and Transitional Housing with support services for homeless youth in the northwest suburbs MnnnurnIRequuciiients --es N. min dei to beonsidei ad los these orasnyQu1us t ietiherMImnnirn i eqmredients )- 1.Does your Organization have a 501 (c)(3) status?Li 2.Do the activities benefit at least 51% low- and moderate-income households with less Li than 80% Area Median Income (AMI) as stated by HUD and are you able to provide Income-eligible certification for all clients?-- 3.Does your organization have the staff capacity to administer the program?Li 4.Do you understand and are capable of providing all required documentation to obtain Li reimbursement? 5. Which of the following Eligible Public Service Activates will the program provide? (Choose All that apply)- o Employment services U • Crime Prevention and public services U El • Health Services -U • Substance abuse services • Housing Counseling Li • Educationprogranis U • Energy Conservation DU • Services for senior citizens U U • Services for homeless persons W I U Page 1 of 8 6. Proposed program description. Be concise; yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as 10 needed. Include Brooklyn Center local need(s) and population served CDBO funds cannot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year, The funds must be used to expand the program. Brooklyn Avenues is a 12-bed abetter and transitional housing program with intensive support services for homeless youth, ages 16 through 20. It will open the end of January 2015 and was created to support homeless youth in the northwest suburbs. Evidence of the need for this safe house is compelling. Most students in Brooklyn Center go to schools in Osseo School District 4279. M2008, Osseo School District identified 128 students as homeless. 1112011, that number rose to over 300. Last year, over 500 students were identified as homeless. This issue is not going away. Unfortunately, until now, there have been no shelter and transitional housing programs for homeless youth in crisis in the northwest suburbs. In response to this rapidly escalating problem, the eonimunity decided to build Brooklyn Avenues, Youth will be referred to the program by school counselors, police, outreach workers, faith-based organizations and other nonprofit partners, from across the northwest suburbs. At Brooklyn Avenues, youth will first find safety and stability. Youth counselors and case managers provide direct care and guidance for youth 24 hours a day. Upon arrival, youth will work with staff to address their immediate crisis needs. Brooklyn Avenues will provide bedroom and bathroon facilities, three nutritious meals a day, personal hygiene supplies, laundry facilities, clothing, transportation assistance and computer lab/study space. Once youth feel safe and stable, they will access intensive support services designed to help them identify and pursue long-term goals and successfully transition into young adulthood. These services include case management, family counseling, nursing and mental health counseling, education and employment supoort, legal and immigration support, life skills training, long-term housing search support, and leadership and empowerment activities. Upon leaving Brooklyn Avenues, youth will continue to access supports through our after-care program for as long as they need to help ensure continued stability. 7. Describe the anticipated results and accomplishments for your proposed program. 5 Brooklyn Avenues will reduce the number of youth living without safe housing in the northwest suburbs. The program will get youth off the streets and out of harms way, thereby reducing the opportunity for sex traffickers to prey on these young people. Immediate crisis support is vital and short-term - its addressed That. Longer term, Page 2 018 Brooklyn Avenues will provide youth with the support they need to successfully transition into young adulthood - complete their education, become gainfully employed, have a safe and stable home, and fully participate intheir community. The overall goal of Brooklyn Avenues will be to support at least 40 homeless youth every year so they move from "surviving the streets to thriving young adults." To that end, Brooklyn Avenues will focus on having a lasting impact on youth supported so they achieve the youth outcomes, both objective and subjective, listed below. Attitude: Youth are more hopeful and have a positive future orientation; youth have an increased positive attitude; youth feel more motivated; youth build trust among their peers, and youth show pride in the progress they have made. Skills, Youth build life skills; youth pursue their personal interests; youth have improved self-worth; youth engage in self-care and physical activity; youth improve their nutrition; youth seek medical and mental health care; youth avoid destructive behaviors, and youth follow through on commitments. Connections: Youth have connections with caring adults; youth make connections with community resources; youth are more willing to let people help, and youth are interested in helping others. Stability: Youth gain and maintain employment or public benefits, as needed; youth learn and manage financial responsibilities; youth secure and manage long-torus, stable housing; youth pursue training and educational goals, and youth pursue personal health and wellness In addition, the program will have 2 "emergency shelter beds," which will provide youth with a safe place to sleep on an emergency basis and the ability to start making supportive connections. 81f you have pieviouslybeen funded through CDBGfunds, please proysde a breaTcdown othe services that have been provided to Bro9ldyn Centes resrdepts and The grand opening of Brooklyn Avenues is scheduled for January 30, 2015 and we will begin accepting youth and delivering services the following week. CDBG funding for this year will be used to help fund staffing costs through the end of the fiscal year. Brooklyn Avenues will be available to homeless youth in the northwest suburbs. The budget for Brooklyn Avenues is approximately $600,000 annually, In FY 2014-15, Brooklyn Park, Brooklyn Center and New Hope all supported this effort with CDBG funds totalling $18,500, We will approach these cities and others in the northwest suburbs, along with a request for CDBG funds from the Consolidated Pool for support in FY.2015-2016. Page3 of S Avenues' evaluation efforts will include statistical data collection through our intake and exit forms, case management evaluations, and an online self-assessment survey youth will take multiple times while at Avenues. This information will be reported as required for receiving CDBG funding and will be shared with partners and the community through Advisory Council meetings made up of Iccy leaders and partners from the communities served, through Avenues' c-newsletter and in the Annual Report to the Community. 11 Please describe 'out expenence adnumsteringfedecallpublic funds and how you 2,0 have beerrahle to meet the comphance requixchients lease provide a copy of previous annual and quarteily seports) Also please state t yora haveprevlously been •piro'eiLfcir.CDG ññiçliiiahl Z7.r i qw : '.. Avenues has significant experience, previous and current, administering public funds. Currently, we have grants and contracts with: - US Department of Human Services, Federal Youth Services Bureau (FYSB) - MN Department of Human Services, Office of Economic Opportunity - Hennepin County Human Services - Department of Education Food & Nutrition - Group Residential Housing. We have consistently met and will continue to meet all compliance requirements. See attached sample reports. 12 Do othee entitiet provide Biooklyii Centei eaidents th&saine or similar, services 10 f — ffif R funding? Brip flydesoiib vhyyour progtam is thuque in th service activity you are proposing to fund • Until now, there has been no youth-specific, site-based shelter and transitional housing beds for homeless youth in crisis in the northwest suburbs. The YMCA's Youth Intervention Services has some scattered site transitional apartments for youth stable enough to be earning an income. But most homeless youth do not have adequate income or the skills to live independently. They need the support of a program like Brooklyn Avenues to get Them on their feet and headed toward successful independent living. Today, their only option is to leave their home community and head to the city for shelter and services. Unfortunately, the city shelters are at full capacity 100% of the time and tum away numerous youth every day, leaving the suburbs' young people literally on the streets. 13 'Please describe hov this progi'am is ready fbi iniplenientalton and what slops 20 would need to be taken before this p1 ogrnf can b started Brooklyn Avenues Grand Opening is January 30,2015 and we will begin accepting youth the first week in February.. Steps completed: - Aveneus and Brooklyn Park EDA signed the Memorandum of Understanding - Community Fundraising Committee formed - Community Fundraising Campaign lciciccd off - Public grant requests submitted - Private grant requests submitted • - Pa9e4 ON - Licensing application submitted to MN DHS and approved- Property identified and construction completed- Avenues and Brooklyn Park EDA signed long-term, -no-cost lease to operate Brooklyn Avenues- Community Action Council formed- Staff hired and training in progress Steps in progress and will be complete before Grand Opening:- Facility set up- New staff training- Outreach to community partners (this will be ongoing) 14. Please describe how your program meets one or more of the City's priorities 20 listed-below, (Check all that apply) See attachment for inorc information about city priorities.• Civic Engagement Cornuninitylinage LII• Focused Redevelopment LI• Financial Stability• Vibrant Neighborhoods Describe:This program is closely aligned with Brooklyn Center's priorities around Civic Engagement, Community Image and VibranU'leighborhgoods. Civic Engagement: The success of this prograinis dependent on significant community engagement freom across the northwest suburbs, Brooklyn Center's involvement in this project is rapidly growing. Numerous community members, churches, civic groups, nonprofit organizations and city employees are supportive of this effort donating time, talents and raising awareness and financial support for Brooklyn Avenues, Brooklyn Center Police Officer Knodle is a member of the Brooklyn Avenues Action Council. Community Image: Investment in Brooklyn Avenues will help the community's homeless. youth move from just survivug the streets to thriving young adults and make a postive contribution to the community's image. Withjust abit of support, these young people become happy, productive members of the community - complete their education, become gainfully employed, live independently, raise families and give back to their community. Vibrant Neighborhoods: Vibrant neighborhoods take care of their youth - making every effort to ensure they are in a safe nurturing environment and have the support they need to flourish and grow into productive young adults. In response to the rapid escalation of homeless youth in the northwest suburbs, key community leaders asked Avenues to partner with them to open a safe house for these youth. Brooklyn Avenues will provide the safe nurturing environment and support needed. Page 5 of 8 By signing the statement below you are certi fying your organization has the capaci ty to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination funding Applicant's Signature,V //^7,,zz, ntive Director Date:Ol/20115 Received by :94 h-z4.'-- Date:I -O-- Time:( : 0& fV\ Page 6 of 8 ESG CAPER Subuecipient Report - ServicePoint Page 1 of 3 Report Options Provider Type •' Provii.'r Provider a Avenues for Homeless Youth - Shelter (OEO ESG/RHYA) (611) a Ill—in, [.^iuLJ^Lcr ONLY Program Date Range"07/01/2013 to 01/01/2014 Type of Data to Use in " Report For E mergency Shelters, use fi: I iiLW'l1d.('Q 1 Client Filter Enter Client IDs separated by commas to highlight cells cpntainlng those Clients. Client IDs CR-65 ESG Persons Assisted 4u - Homeless Prevention Activities Number of Persons in Households Total 0Adults0Children Don't Know/Refused 0 Missing Information 0 0Total 4b - Rapid Re-Housing Activities Total Number of Persons In Households 0Adults0Children0Dent Know/Refused 0Missing Information 0Total 'IC - Shelter Activities 'lumber of persons in Households Total itAdults Children 0Don't Know/Refused 0Missing Information https:f/mhrnesota.servicept.comfCOrn.bOWfl1aflSYSbd15sp5c0Sd1veP0utt1dexhtml 2/7/2014 ESG CAPER Subrecipient Report - ServicePoint Page 2 of 3 Total 4d - Street Outreach Number of Persons in Households Adults Children Don't Know/Refused Hissing Information Total Clients Contacted (DQ) Clients Engaged (DQ) 4e -Total Persons Served Number of Persons in Households Adults Children Don't Know/Refused Hissing Information Total 6-Gender Gender Hale Female Tranugendered Unknown Total 6-Age Age Under 18 18-24 Over 24 Don't Know/Refused Hissing Information Total - e., ,.k, OnnttlnflnflC 66 Total O o . .., .....--- Total 58 8 0 0 66 Total 26 38 .5 0 66 Total 8 58 0 0 0 66 Total Total Total Persons Persons Persons Served In Served Served Emergency S pecial Populations Total . ISHPrevention R Shelters Sub-populations 0 o1Veterans240 0 24 Victims of DomesticVlnlnnCe 0 0 0 0 Elderly 0 0 0 - 0 HIV/AIDS . fl 0 rhrnsklr,, is 217/2014 ESG CAPER Subrecipient Report - ServicePoint Page 3 of 3 Persons With Disabilities Severely Mentally III 4 0 0 4 Chronic Substance Abuse 7 0 0 7 Other Disability 0 0 0 0 Tota' 45 0 0 45 https:I/minnesota.servicept,coxnIconLbowrnansystemS.5p5.cOre.SerVicePoiflt1ifldeX.ht11l 2/7/2014 PERFORMANCE PROGRESS REPORT SF-PPR - Page l ofPages3 1.Federal Agency and Organization Element to 2. Federal Grant or Other Identifying 38. DONS Number Which Report Is Submitted Number Assigned by Federal Agency 196777184 3b. EIN ACYF- Family and Youth Services Eureau 90CX6941-0-01 41-1765140 4. Recipient Organization (Name and complete address Including zip code)5. Recipient Identifying Number or Account Number Avenues for Homeless Youth 1708 Oak Park Avenue North Minneapolis MN 55411 B. Final Report? Yes 6. Project/Grant Period 9 9. Report Frequency El annual U semi-annualStart Dose: (Monhlr, Day, Year) End Date: (Mantis, Day, Year)(Month, Guy, Year)7 othera,je Il 9130/2012 912912017 9129/2014 10.Performance Narrative (attach performance narrative as Instructed by the awarding Federal Agency) 11.Other Attachments! (attach other documents as needed ores instructed ythe awarding Federal A0QY-)_ 12 CertificatIonI certtfy to th" best of my knowledge and belief. (hat this soport Is correct and compete for performance of activtties for the purposes set fMth In the award dooumanls,.....-.-... ....-.12a. Typed or Printed Nsrpe anti Title of Authorized Curiltying Otliclal 120. Telephone (area code, numhorarid extension) 2221690 StDeborah Loon, Executive Director 12d. Email Address lzb. Signature of Authorized Cnrlinng Olsicial 12e, Date Report Submitted (Month, Day, Year) 10/30/2014 3Agency1aO only un PPR, Page I oue Approval Number: 0970-0334 Expiration Date: 60012009 Avenues for Homeless Youth Transitional Living Program Report Narrative 9.30.13 - 9.29.14 Introduction The purpose of the F'(SB TIP grant is to provide financial support for Avenues for Homeless Youth's 20-bed Transitional Living Program (TIP) located at 1708 Oak Park Avenue North, Minneapolis MN. Avenues TIP addresses the physical, mental, emotional and life skills training needs of runaway, homàless and street youth so they may reach their potential, in spite of the impact of traumatic experiences, and transition to self-sufficient living and a thriving young adulthood. The following services are provided by Avenues TIP to enable youth participants to build skills and capacities that contribute to their healthy, positive and productive functioning as they move from "surviving the streets to thriving young adults:" • Outreach o Integrative health services • Housing with basic needs supports o life skills training and practice • Program case management o Education and employment support • Positive youth development Transition and after care case activities management support The following evidence-based principles are at the core of Avenues' program model, activities and approach with all youth: • Trusting relationships 0 Harm reduction • Trauma-informed ° Journey-oriented - • Non-judgmental Holistic • Positive youth development o Collaborative • Strengths-based Avenues' TIP supports youth as they pursue their goals in the following outcome areas (note we are using language of the youth from focus groups): o SAFETY - Move from uncertainty to safety and stability • ATTITUDE - Move from feelings of despair to feeling hope for their future • SKILLS - Move from being stuck to moving forward • CONNECTIONS - Move from feeling isolated to having positive connections with adults and peers • STABILITY - Move from being a homeless youth to a thriving young adult Malor Accomplishments Through this FYSB TLP grant, Avenues for Homeless Youth has worked to irnplementthe program elements as outlined in its proposal. We filled staff positions to expand and improve services In the areas of After-Care Case Management, Youth Engagement, Overnight Youth Counselor, Mental Health Therapy and Nursing Consultation. A total of 67 runaway and homeless youth were served by Avenues' TLP from September 30, 2013 through September 29, 2014. This includes 20 youth who were living in the program as of September 30, 2013 and 20 youth who were living in the program as of September 29, 2014. As of October 31, 2014, Avenues TLP Is supporting 70 youth —20 youth are living In the TLP and 50 youth are receiving after-care case management support. Strategy /Plan / Staff Changes Avenues for Homeless Youth has not deviated significantly from its project plan and does not have plans for any deviations at this time. The Youth Engagement Coordinator role and responsibilities were assumed by the Program Supervisor! Youth Engagement Coordinator, a new position Avenues created earlier in 2014. Forecasted Activities and Objectives for the TLP - During the upcoming grant year, Avenues will pursue the following activities and objectives: 1.Support 60- 70 youth in the TLP residential program and another 60-70 youth through our after-care case management program. 2.Continue strengthening the TLP in the following program areas: Case Management o Nursing and Mental Health Assessment and Consultation o Independent Living Skills Training o Employment Opportunities and Support o Program Evaluation o Positive Youth Development Activities o After-Care Case Management 3.Continue our training and hiring of staff to fully apply the "9 Evidence-Based, Guiding Principles to Help Youth Overcome Homelessness," a development, participatory evaluation published in early 2014 by the Homeless Youth Collaborative on Developmental Evaluation, of which Avenues is a participating member. 4.Continue working with our public and non-profit partners on implementation of coordinated assessment, including improvements in use of HMIS, assessments of youth barriers and needs, and data sharing. 5. Continue working toward implementation of an electronic case management records system, thereby improving documentation and outcomes tracking. Internal Revenue Service Date: Septéniber 13, 2004 Avenues for Homeless Youth 1708 Oak Park Avenue North Minneapolis, MN 55411 Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Stephanie Broach-Camp 31-04022 Customer Service Specialist Toil Free Telephone Number: 8:00 am. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal identification Number: 41 -1 765 140 Dear Sir or Madam: This is in response to the amendment to your organization's Articles of Incorporation filed with the state on ,June 2, 2004. We have updated our records to reflect the name change as Indicated above. In February 1995 we issued a determination letter that recognized your organization as exempt froth federal income tax. Our records Indicate that your organization is currently exempt under section 501 (c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records Indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transf ers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Janna K. Skufca, Director, TEIGE Customer Account Services AVENUES FOR HOMELESS YOUTH Outcomes Exits 711113 through 6/30114 Number of youth exited during period: 45 Indicator 1: Youth are housed instable housing. 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C a-'a 0) C . -J:Z.2• ,4-'°EEaw10>a)C.o,_0•_C.0 —'-a)9 0 an b00CU.>ooC e-o2.Ca)C CEl— ,a w..0 U (4a) CU a)"-4(0.2 4-'I-0.0 'Ea )0 a)0.Ca)U= a) '-U ,— 4-. a)L-0 >.U UC O'z:C UO a)to(0 - o.,-,t2z°o E -.a)0',_* (-,.0 C ---o E '-a) E 52 (0 C 0.0-0 a a) a) a,0.a) (400.0EC"') -"E .E C0. a)a)a).,-. a) C,'1 9 .0(0a,u 'C00.wt a)0.0 (4a)0.00.0(0 Attachment VI Food and Nutrition Services (CAPI USA) Application Zin ( A GREAT PLAGETO START GIIEAT PLAOE TO STAY j i/WVC, you rOOk,yIWOfltOr org Urban Hennepin County Community Development Block Grant Program (CDBG) FY2015 (July 1, 2015 thru June 30, 2016) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 4:30 PM Public Hearing: February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:CAPI USA (aka CAPI) Program Name:Food and Nutrition Services Purpose:To assist low-income food insecure foreign-born Asian immi rants secure nutritious and culturally appropriate emergency food and link them to additional economic suppuL6SOnrCeuiG SNA, tax assistance, workforce dvelopmspt service, community gardeniflg, health insurance. etc) in orcIeYfo baconsdee ft tkes6 po g 1 yodiistmçet lhaiithicgUUemeflt U1.Does your Organizaon have a501 c) status?less M U2.Do the activities benefit at least 51% low- and moderate-income households with than 80% Area Median Income (AMI) as stated by HUD and are you able to provide Income-eligible certification for all clients? 3.Does your organization have the staff capacity to administer the program? 4.Do you understand and are capable of providing all required documentation to obtain .III reimbursement? - 5. will the program provide?Which of the following Eligible Public Service Activates - (choose All that apply) ---U• Employment services.-U U• Crime Prevention and public services U• Health Services U U• Substance abuse services U U• Housing Counseling -• ED• Education programs U I U•a Energy Conservation - U• Services for senior citizens U ILIServices for homeless persons Pao I of 6 (Office'Eaoh 1jusonJias x,min rt!aCtheT Poniis commend&top .j --rU 6, Proposed program description. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as 10 needed. Include Brooklyn Center local need(s) and population served. CDBG funds cannot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year, the funds must be used to expand the program. CAPIs Food and Nutrition Services meets the nutritional needs of 425 low-income Asian families each month (-1,900 individuals/month), while serving as a gateway to public benefit eligibility screening and other economic support programs (i.e., SNAP, MNSure, SSI enrollment, access to tax assistance, workforce development and health insurance enrollment services). This program also was recently awarded a Homegrown Hero Award for sponsoring and managing 14 community gardens (and 154 assigned gardning plots) as a vehicle to stretch family budgets, increase healthy food intake and promote community building and physical activity options. Of the 425 households served monthly, approximately 68 (or 16%) of households are residents of Brooklyn Center. Also, in 2013 CAPI sponsored and managed one community garden in Brooklyn Center and assigned and supported 24 families with gardening plots. 7.Describe the anticipated results and accomplishments for your proposed program. All Brooklyn Center residents served by CAPIs Food and Nutrition Services are eligible for: 13-15 pounds of culturally appropriate and nutritious food per month per person. In serving approximately 68 Brooklyn Center families each month, this translates to approximately 180 pounds of culturally appropriate and nutritious food annually. All heads of households participate in an annual intake/needs assessment which includes a public benefit eligibility screening and referral to CAPT staff who provide assistance in accessing public benefits (i.e., SNAP, SSI, health insurance, etc) and providing workforce developihent services through our Career Pathways Program. All heads of households are eligible to participate in CAPPS community gardening strategy 8.If you have previously been funded through CDBG funds, please provide a 10 breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. CAPI has not been previously funded through CDBG funds. 9.Do you plan to provide this service to other cities or jurisdiction? Will CDBG 10 - funds be used Yes, CAPI's Food and Nutrition Services serves primarily Asian immigrants living in Minneapolis, Brooklyn Center and Brooklyn Park. This is the first time CAll has applied for CDBG funds for this program. 10.Please describe how you plan to record and report accomplishments and monitor 10 the results. • All heads of households directly served are tracked in CAPT's Client Track database management system. We are able to track all food distributed to households and all Page 5 of 0 assistance provided with corresponding outcomes. We are able to generate reports that are exclusive to Brooklyn Center residents. 11.Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. (please provide a copy of 20 (4 previous annual and quarterly reports) Also, please state if you have previously been for CDBG funding and not met the reimbursement requirements?_app roved API currently administers a number of performance-based government contracts via Hennepin County, MN DHS, MN Department of Health, MN DEED and others. We have previously administered federal ORE funding. Two years ago CAPT received CDBG funding from Brooklyn Park to administer services to 1-Jinong Seniors, 12.Do other entities provide Brooklyn Center residents the same, or similar, services 10 for which you are requesting funding? Briefly describe why your program is unique in the service activity you are proposing to fund. CEAP operates a significant food shelf operation from the Northwest Service Hub (where API has a shared office space). CAPT's Food Shelf is staff by three Hmong-speaking staff and is highly accessible to the Hmong community which is less engaged at CEAP. 13.Please describe how this program is ready for implementation and what steps 20 would need lobe taken before this program can be started. CAPPa Food and Nutrition Services has been serving the community since 1982. A significant population of Umong people have been migratingfrom Minneapolis to Brooklyn Center and Brooklyn Park over the past decade. This community relies heavily on CAPT's services. 14.Please describe.how 'our.program meets one or more of the City's priorities 20 • listed below, (Check all that apply) -Se,16 attachment for more information about city priorities. • Civic Engagement LI• Community Image LI• Focused Redevelopment 0 • Financial Stabilit• Vibrant Neighborhoods Describe: CAPT'S Food and Nutrition Services addresses core economic needs of low-income (primarily) Hmong residents who have difficulty accessing human service support in the Brooklyn Center area. CAPT services promote economic self sufficiency and civic engagement and participation. A healthy Brooklyn Center Asian immigrant population contributes to vibrant Brooklyn Center neighborhoods. Page 3 of 0 By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. 1 certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection o this application or termination funding Applicant's Signature; Title: Executive Director Date;uwarv 20. 2015 Received by : 6t/2..— Date; 1 0 - Time; 2 YZ ta p^- Page 4 of 6 ) IRS =tt' PLO; Box 2000, Room 4010 Cincinnati OH 4501 In reply refer to; 4977550277 Apr. 117, 2Q10 LIP 4168C 0 41-1417198 000000 00 001133056 BODC TE CAPI USA 3702 0 LAKE ST MINNEAPOLIS MN 550 039947 Employer Identification Number: **-51E57190 Person to Contact: Ms Benjamin Tall Free Telephone Number: 1-877-829-55110 Dear Taxpayer; This is in response to your Feb. 10, 2010, request for information regarding your tax-exempt status. Our records indicate that your organization bias recognized as exempt under section 001(c)(3) of the Internal Revenue Code in a determination letter issued in May 1982. Our records also indicate that you are not a private foundation within the meaning of section 009(a) of the Code because you are described in s ec ti o n(s) 5119(a)(1) and 170(b)(1)(A)(Vi), Donors may deduct contributions to you as provided in section 170 of the Code, Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 20051 2106, and 2022 of the Code. Beginning with the organization's ixth taxable year and all • succeeding years, it must meet one of the pf.blic support tests under section 170(b)(1)(A)(Vi) or section 509(a)(2) as reported on Schedule A of tfib ForlIr 5.90, If your atmanizatian doe.s not meet the public support test for twa consecttVe ymars, it.jEf required to file Form 990-PF, Return of Private Foundation, for the second tax year that the organization failed to meet the support test and t.111, be reclassified as a private foundation. 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U - OL(U) U) 0. :a)u 0 >-42 CU U 4-,0c 0U)U) C (U U)U)E > Ii(U a).0 0.0 a).0 U('CU cC (I) a)U U)UI U.0 0 .0 0U)In('IU) 0(U C U)LI >- U)4-,(U a) (U Attachment VII - Housing Counseling Services (Lao Assistance Center of MN) Application OOLT (CENTER A GREAT PLACE TO START A GREAT PLACE TO STA'? www "P Lf f.Jo 1 fflx' (rg Urban Hen nepin County Community Development Block Grant Program (C013G) -- • FY2015 (July 1, 2015 tErn June 30, 2016) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 4:30 PM Public Hearing February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSTDERBD AS AN APPLICANT Organization Name: Lao Assistance Center of MN Program Nanie:Flousing Counseling Services Parpose:To cultural and linguistically appropriate HOD certified 1-on-i andjgip housinjg counseling services to Brooklyn Center Laotian residents focused on home buying rental assistance and foreclosure prevention. rflS I. Does your OrganizatiOn have a 501 (c)(3) status?-_Q 2.Do the activities benefit at least 51% low- and moderate-income households with less Li than 80% Area Median Income (AMI) as stated by FEUD and are you able to provide income-eligible certification for all clients? 3.Does your organization have the staff capacity to administer the program?LI 4.Do you understand and are capable of providing all required documentation to obtain Li reimbursement? 5.Which of the following Eligible Public Service Activates will the roram provide? (Choose All thappply_- • Employment services _________________- • CrirnePrevention and public services LI• Health Services o Subslanpeabuse services 0 • Housing Counseling -_LiL]LI• Education programs • Energy Conservation o Services for senior citizens Li LI_______ UoServices for homeless persons Page 1 of 6 isi (Q Owlk 6. Proposed program description. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as 10 needed. lnekLclo Brooklyn Center local need(s) and jopulation served. CDBO funds cannot be used to replace current program fundt. if this is no existing program and your organization did not receive Brooklyn Center €DBG funds last year, the funds must be usecllo expand the program.- The primary goal of our Housing Counseling Services Program is to promote the American Dream of buying and retaining affordable housing. Our secondary goal is to ensure stable and afIhrdable rental options for Lao community members who are not in a position to purchase a home, Key objectives include: ([)assisting. People secure housing through viable rental options; (2) enhancing awareness on how to buy a home; and (3) providing the information and toots necessary to maintain home ownership by identifying the cause of default or delinquency, intervention strategies, and reviewing budgeting skills. The LACM's Housing Counseling Services Program provides cultural and linguistic-specific HUT) certified I-on-I and group housing counseling services that will yield Positive outcomes for 140 Lao and other low-income community members living primarily in North Minneapolis, Brooklyn Center and Brooklyn Park. These services are administered by .75 FTE LACM staff including two of the slate's only Lao-speaking 1-IUD certified Housing Counselors. A summary of LACM's three primary Housing Services offered include: I) Renter assistance - In 2015, LACM counselors will provide i-on-I rental assistance counseling to 40 individuals and facilitate two rental assistance workshops involving 20 participants. People receiving I-on-I rental assistance will secure BUD public housing certification and recertification and/or obtain less expensive/affordable apartment units. LACM counselors will provide substantial one-on-one assistance, helping community members complete housing applications and identify and secure affordable unsubsidized apartment units. 2)Pie purchase and post purchase assistance— In 2015, LACM counselors will provide I -on- I pre-purchase counseling to 25 individuals and post purchase counseling to 5 individuals. Staff will also facilitate S HUC certified home-buyer workshops involving 80 participants. 3)Foreclosure prevention assistance - In 2015, I,ACM counselors will provide intensive home foreclosure assistance to 10 individuals and facilitate two workshops involving 20 participants. Ot'the 140 total' people we expect to serve in 2015, we expect that at least 25 will be Brooklyn Center residents, 7. Describe the anticipated results and accomplishments for your proposed program. • 80 Lao community members will receive HUD certified I -on- I housing counseling services on rent (40), pre-purchasing (25), post-purchasing (5), and Page 2o16 foreclosure prevention (10) -- • 120 Lao community members will participate in workshops on: home buying (SO), rental assistance (20), and foreclosure prevention (20). • 90% receiving rental assistance will secure/sustain affordable housing and 50% will be certified/recertified for public housing • 80% receiving pre-purcliasing assistance will complete an action plan and 25% will purchase it home within one year • 80% receiving home foreclosure assistance will complete action plan ,, and 25% will obtain remedies that result in maintaining homes 8.If you have previously been funded through CDBG funds, please provide a -10 breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments.- We have not previously received CDBG funds for this or any LACM program. Of the 140 people we expect to serve in 1-on-I counseling and workshops at least 25 are expected to he Brooklyn Center residents. 9.Do you plan to provide this service to other cities or jurisdiction? Will CDT3G 10 r-z funds be used We expect to serve a total of 140 mostly low-income Lao community members who are primarily residents of North Minneapolis, Brooklyn Center, and Brooklyn Park. We hope to secure first ever funds from Brooklyn Park ($6,000 pending) sad Brooklyn Center ($5,000) IC). Please describe how you plan to record and report accomplishments and monitor 10 - the results, Client participation in workshops and I-on-i counseling as well as all client outcomes is tracked by LACM's Housing Coordinator who utilizes HUD's Counselormax database. Results are monitored on a monthly basis by the Housing Coordinator and results are easily reported on ii quarterly basis. 11. Please describe ybur experience administering federal/public funds and how you 1ö[ have been able to meet the compliance requirements (please provide a copy of previous annual and quarterly reports) Also, please state if yda have previously been approved for CDBO funding and not met the reimbursement requirements? LACM currently administers contracts with the Minnesota Department of Employment and Economic Development (DEED), the Minnesota - Departmeat of Health, the Minnesota Department of Human Services and Hennepin County. For the first time, LACM recently submitted a request to the City of Brooklyn Park (currently pending) for $6,000 in CDBO funding for the agency's Housing Counseling Services (to also serve Lao residents). To date, we have not secured CDBG funding but we are familiar with cost reimbursement contracts and fulfilling data and reporting requirements. 12, Do other entities provide Brooklyn Center residents the same, or similar, services 10 for which you the requesting funding? Briefly describe why your program is unique in the service activity you are proposing to fund.- LACM employs the only two BUD certified Lao-speaking Housing Counselors in the state of Minnesota. LACM frequently serves Lao Brooklyn Center residents who need housing services. Weare not aware of any other organizations that are providing these services in the Brooklyn Center area and we are the only organiation quipped to administer these services in Lao language., is for implementation and what steps 20Jj13. Please desclbe how this program ready would need to he taken before this program can be started. This program is currently providing services and Brooklyn Center Lao residents are iage i 01 () already being served (representing approximately 20-25% of the people served annually via workshops and I-on-i counseling. 14 Pleese describe h6w3 Gui program meets one or moof the City' priorities 20 listed bclo (check 'i),l that tpply) See attachment for more jriformattn about cit)1 priorities Civic Engagement rELI • Community lnnge Focused Redevelopment L. 'G. Fiflania1 Stabilit3" ..• Vibrant Neighborhoods Descrihe:LACM's Housing Counseling Services keep struggling Leo homeowners in their homes and helps to stabilize the communities where Lao families are concentrated LACM's services help Lao homeowners at risk of foreclosure negotiate and obtain mortgage remedies, and to become current on their mortgage payments. For Lao families interested in buying a home, pre-purchase counseling and home-buying workshops increase the likelihood of successful home-buying experiences, with fewer homebuyers tldling behind in mortgage payments after purchase. For low-income community members needing assistance in securing nffordable rental housing, LACM's I-on-i assistance helps renters secure and/or qualify for public/affordable housing, leading to greater family stability and vibrant neighborhoods. LACM's services strengthen the Lao community and the communities where Lao families are concentrated, helping to create wealth and maintain a healthy economy. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule, I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application wilt because for rejection of this application or termination funding Applicant's SignaUireitI0ceUtiVe Direeip Date:1/16115 Received Date:I — 2-0 I S Time:2 Pap 4 or Internal Revenue Service Date: March 5, 2004 Lao Assistance Center Of Minnesota 503 Irving Ave. N Ste. 100-A Minneapolis MN 65405-1297 Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Tracy Garrigus #31-07307 Customer Service Representative Toll Free Telephone Number: 0:00 aim to 0:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 36-3255680 Dear Sir or Madam: This is in response to your request of March 5, 2004, regarding your organization's tax-exempt status. In November 1983 we issued a determination letter that recognized your organization as exempt From federal income tax. Our records indicate that your organization is currently exempt under section 501 (c)(3) of the Internal Revenue Code. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(VI). This classification was based on the assumption that your organization's operations would continue as stated in the application. lf your organization's sources of support, or Its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penally of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization Is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code, However, these organizations are not automatically exempt from other federal excise taxes, Donors may deduct contributions to your organization as provided in section 170 of the Code. 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CL t.__ 0to kur- 0 - •0 0 to •0a) a)a) IV -ua)a)o up0ci- s Irl =a) a)ai a).c Uat E• E.E a) a)o o-_o c a) •°>Ea)t c_0g a) 0 a)bO 0 E5 0< 0 Zc a) a)•- i-I t2 Ej N i-.0)-C 0 CL 'a0 (0 "a)_o.cy(0 - a) Ce!)• ('-- 0-0 -C C 0)a) U'a 0)0 I- a) a)C a) 0)C bb(0 >-C •-a)tO 0.75 C .'afO EIC) :>-..PC a).. j a)-a-,E 4 a)00-a) 'a E0'_a)_!.- •u.±.(U '-0 7E3 •t a).0:a) a) (.0ECa E ° :-a)e: 0 4T ;1 HLnc.0 C (0 ua) 0 'a -o 0 0 00'aU(JN(U 0 0'a Attacthment VIII - Success Plan (Pro USA) Application OOLYN LENTER - A GEAT ACEfO S GEATP&OE4O STAY - i1yofbrnok1ynènferoT Urban Hennepin County Community Development Block Grant Program (CDBG) FY2015 (July 1, 2015 three June 30,2016) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Tuesday January 21, 2015 by 4:30 PM Public Hearing: February 9, 2015 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:Pro USA Program Name:Success Plan Purpose:To develop a homegrown leadership generation in Brooklyn Center, an outcome that will yield important individual successes for underserved teens, greater inclusiveness in community affairs, and ultimately an engine of community reinvestment. muanTIiqbieements for these pro rdiiyo utjnt t1MJwmuiriuiiiui&--' •1.. .DbsimrQrganizatiin have a 50 1(ó(3) tatbs?' 2.Do the activities benefit at least 51% low- and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD and are you able to provide Income-eligible certification for all clients? 0 El - 3.Does your oijaniation haiie the 9taff capacity to administer the prograni?'23 El' 4. Do you understand and are capable of providing all required documentation to obtain reimbursement? U 5 VThich of the following Eligible Public Service A ctivates Will th e program provide? (Choose AlIThat apply) Employment services N El Cnme Prevention and publio'services Li Health Services U • Housing Counseling U l' .Edolationprogthit M Li • Energy Conservation N."Services fi senior citizens -. - --LII Z • Services for homeless persons Eli Page 1 of? ç1fi onhas a tdUIff ufd "U s ot1ie Pt\f (OI 6. ropciedpr6graii description., Be concise; yet throtighuidescHbing the activity of oiily the program for winch funding is being sought and an only as much detail as 10 needed Include BroOklyn Cenfèr local need(s) and population served CDBO funds cannot be used to replace corrent program funds If this is an existing program and your organization did not receive Brooktyn Center CDBG funds last year the funds must be used to expand ,the piogram Every kid in Brooklyn Center has hopes and dreams for the future. But how do kids lacking role models, connections and resources shape and fulfill these aspirations? The Success Plan program snatches youth participants, aged 15-19, with a (volunteer) success coach to envision, plan and execute a personal path to life success. Coaches guide participants to resources they bring as successful community members and those that Pro USA coordinates on their behalf in the areas of civic involvement, job and college readiness, financial literacy and family planning. The success plan is based on the "Circle of Courage" model of youth intervention and makes use of the RIASEC interest model developed by John L. Holland. The applicability and effectiveness of both methodologies are well established and serve as the basis for an individualized relationship between coach and participant. The plan specifies the expected role of the participant; the coach; the participant's family (also individualized based on family circumstances); and Pro USA itself. The success plan is a social investment contract managed by Pro USA that defines the opportunity for standing community service providers to contribute throughout the participant's important developmental years of high school and college/workforce entry. 7 Deicube the anticipated results and accomplishments for 'oiir proposed pi ogram 2. Working with approximately 10 teens in each grade 9-14 class (ages 15-19), Pro USA's Life Skills program intends to guide at-risk youth to make responsible choices, attain scholastic and employment success, and give back to their community in recognition that their community stepped up for them. This program offers Brooklyn Center an effective youth engagement channel and greater access by youth to resources they'll use to move tip the ladder in life. We are working with such institutions as Brooklyn Bridge Alliance for Youth, Minnesota Alliance with Youth, Bolder Options, Youthprise, local businesses and private individuals to deliver on this value proposition. 8 If you have previously been fimded through CDBG funds, please provide a 10 of the services that have n provided to Brooklyn Center residents andbreakdown bee the accomplishments N/A 9 Do you plan to provide this Service to other cities orjurisdictson? Will CDBG funds be used A0,r Pro USA also serves Brooklyn Park and have a CDBG application pending. Page 2 of 7 e ishiiie moi it r the results I Pro USA is arranging for technical assistance from Bolder Options, a longstanding and successful youth mentorship organization, to develop evaluations. These will include self- reporting of participants, coaches and other volunteers; progress against the goals in participants' individualized success plans; school grades and (as applicable) job performance reviews; and evaluations by youth service and resource providers partnering with Pro USA. As a fonder through CDBG, Brooklyn Center can evaluate Pro USA's success through quantitative and qualitative assessments of community involvement undertaken by and motivated by participants in the Success Plan program. 11 Please describe your experience administering federal /public funds and how you 20 have been able to meet the compliance requirements (please piovide a copy of previous annual and quas terly teports Also please state if you have previously been approved for CDBG funding and not met the reimburseinentiequirements? MN Revenue grant recipient since 2010 fora free tax preparation program for households at or below 50% AMI. This program, which organizes volunteer preparers, serves hundreds of households annually and generated more than $400,000 annually in tax refunds returning to the local economy. All income (after expenses) from this tax preparation grant has been invested in Pro USA's youth-oriented programming. 12 Do other entities piovida Biuoklyn Center residents the same or siniilar, services 10 for which you are requesting fundmg9 Briefly describe why your progniin is umque in the iidreprOpotin tbftinhE.::.J. -. V PROUSA is unaware of any other provider of whole-child development initiatives or success coaching for youth serving Brooklyn Center. Filling this niche was our motivation for developing this program and coordinating its delivery with government, civic, educational and other service providers in the community. Pse describe how this program is ady for iinplementaion and what steps13 lea 20 would need to be taken before this program can ba slarted The following schedule outlines the Success Plan program's development path leading to rollout at the start of the 2015-2016 academic year: Task: Formalize relationships with program partners Date: 01/01/2015 - 03/15/2015 V Task: Develop program assessment criteria Date: 01/01/2015 - 02/15/2015 Task: Approve HR policy governing coaches & volunteers Date: 01/01/2015 - 02115/2015 Task: Develop success plan template Date: 01/15/2015 - 02115/2015 Task: Recruitment and on-boarding of success coaches Date: 03/01/2015- 06/30/2015 V V Task: Youth participant recruiting Page 3 of7 Date: 03/01/2015 - 06/30/2015 Task: Success plan preparation for first participants Date: 06/1512015 - 08/31/2015 14Please describe lio%s youi piogram meets one or more of the City apt ioi ities 20 listed betov (Check all that apply) See attachment for more information bo'ut city priorities Civic Engagement 1) o Community Image LIIo Focused Redevelopment _LL- Financial Stability -LIVibrant Neighborhoods Describe:As n city whose growth has been generated largely by ethnically diverse residents including recent immigrants working their way up the economic ladder and members of historically underserved populations, Brooklyn Center has committed to engaging its next generation of citizens and leaders. Pro USA seeks CDBG funding to mature as a key partner to the city for direct youth engagement and the strategic coordination of community resources for youth development. The Success Plan program prepares Brooklyn Center youth from challenged backgrounds for life success. It demonstrates that the community not only offers resources to underserved youth, but is actively engaged in their upward mobility. Built into the program is experience with civic engagement and volunteering, so that program graduates are prepared not only to achieve individual success through higher education and the professions, but also to return the community's investment in them socially and economically. Adapted from proven development, vocational interest and coaching models, the program moves kids along a development path that starts with belonging and culminates in generosity, defined as the ability and willingness to contribute to civic life, The program is a direct outgrowth of concerns expressed by local youth and parents; it adds unique value to the work of standing community resources and private volunteerism; and, consequently, has been encouraged by keystone youth development organizations serving Brooklyn Center, including Brooklyn Bridge Alliance for Youth, One2One and Youthprise. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. Page 4 of? I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination funding Applicant's Signature: Title:Executive Director Date: nary 20, 2015 Received b Date: O I S Time: _'.3 Page 5 of 7 INTERNAL REVENUE SERVICE P. 0, BOX 2508 CINCINNATI, OR 45201 APR :302010 PRO USA INC 80 BOX 29585 BROOKLYN, MM 55429 DEPARTMENT OF THE TREASURY Employer Identification Number: 26-2562417 DLN: 509303002 Contact Person: JO A CHRISTMAS 108 31546 Contact Telephone Number: (877) 829-5500 Accounting Period Ending; December 31 Public Charity Status: 170(b) (1) (A) (vi) For: i 990 Required; Yes Effective Date of Exemption: May 5, 2008 Contribution l3eductlbility Yes Addendum Applies: Yes Dear Applicant: He are pleased to inform you that upon review of your application for tax. exempt status we have determined that you are exempt from Federal income tax under section 501 (C) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it Jr. your permanent records. Organizations exempt under section 501 (c) (3) of the Code are further classified as either public charities or private foundations. We determined that you area public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization Letter (DO/CG) -2- PRO USA INC Sincerely, Robert Choi Director, Exempt Organizations Enclosure: Publication 4221-PC Rulings and Agreements 'etter 047 (DD/CG) Public Service Application (family, youth and snniorsereices U Urban Hnnnepin County COBOl Program Year 2015 .-.-- - -. GeneralInformation: Organization:Pro USA Inc Type of entity:Non-profit COBOl funding request:$10,000.-- Use ofC )BG funding(e.g.staff labor cools):Staffing Contact person:Stephen Wreh-Wllson, Executive Director Phone/Email: 763-202-87S0,xv,ilsoniksproasa.org 763-202-8750, swilson@prousa.org Program Information , What is the program name/typo of service? Success Plan/youthdevelopment Success Plan, youth leadership development Is this an existing COBOl-landedprogram?No Where Isthe program located, ifapplicable?7420Unity AveN,Ste 101,BrooklynParkMN55443 What is the service area of this program?Brooklyn Center and Brooklyn Perk Who Is the target clientele?Success-minded teens aged 15-19. Admission through recruitment or What needs does this program address?Lack of resources for success-focused youth Is the need growing?Yes. Census data confirm that Brooklyn Centers population under age 19 is rising moderately as a percentage of the total, as are immigrant and minority populations. Educational attainment rates, home ownership and median Income trail the states overall. How does the program address these needs?Success Plan presides one-on-one success coaching, links to standing youth development initiatives (academic enrichment, life skills sports), and a platform for youth leaders to advocate for Issues and serve community. How many persons were served by this program in the lost 12 months? Approximately 10 What Is your goal for number of.perserns served July 2015-June 2016? Approximately 20 What percentage of clients are (or are estimated to be) low and moderate-Income persons? CDBG requires at least 51%. 80 percent Stolfineand Financial Capacsty . Describe the organizations experience in providing Since 2008 Pro USA has operated as an all-volunteer organization that has this service, staff capacity and staff qualifications;originated nanny different event-based Interventions supporting youth in Brooklyn Center and Brooklyn Park and which has earned recognition and recommendations for their quality. The Success Plan initiative seeks to formalize the best practices of this effort Into regular programming with new capacity from 1.5 FTE professional staff including Executive Director Stephen Wreh-Wilson, an experienced program manager with a background In financial literacy, peace and justice, and .employment advocacy. This capacity will enable Pro USA to recruit success coaches, manage their Interactions with program participants, and coordinate partnerships with reinvent youth services organizations. Pro USA Is arranging for technical assistance from Bolder -Options, a longstanding and auccessfulyouth wentorship organization, to vet and train success conches. Awards west be spent by June 30,2016, and it is January 1. 2016 requested that funds be spent by April 1, 2016. When is the anticipated date to expend the funds? ILU ndingSuurcns. ss ,. . _______tnt 1 't ?i _. i r a f' - !. c{-Ji OBG 1uu00_ji-tark 'J Othnrfe.rf[s i$- statnjudlng_'-$6500 - ' I CicaIundinv $jj I -corporateontnibu(ionc ' - - ' -- nandatiopconiriblitlons t/;-"$10000.ilt. V - c '$10 000 communi furW8lslngfrom individualslithu (spdclf$) Consistency With Plans and Public Support; Is this a high, medium, or low priority service High-priority (Youth Services) according to the 2010-2014 Consolidated Plan? *Applications will be reviewed and ranked based on the 2015-2019 Consolidated Plan high priorities, use the 2010-2014 priorities as a reference. Describe any multi-community, multi-agency or This program offers Brooklyn Center an effective youth engagement channel public/private partnership support:and greater access by youth to resources they'll use to move up the ladder In life. We are working with such institutions an Brooklyn Bridge Alliance for Youth, Minnesota Alliance with Youth, Bolder Options, Youthprisn, local businesses and private Individuals to deliver on this value proposition. Describe how the activity meets a seed not As a city whose growth has been generated largely by ethnically diverse currently or adequately being addressed by other residents Including recent immigrants working their way up the economic ladder and members of historically underserved populations, Brooklyn Centerservices:has committed to engaging Its neat generation of citizens and leaders. Pro USA seeks COOlS funding to mature as a key partner to the city for direct youth engagement and the strategic coordination of community resources for youth development. The Success Plan program prepares Brooklyn Center youth from challenged backgrounds for life success It demonstrates that the community not only offers resources to underserved youth, but inactively engaged in their upward mobility. Built Into the program is espeflence with civic engagement and volunteering, so that program graduates are prepared not only to achieve individual success through higher educatlbn and the professions, but also to return the community's Investment In them socially and economically. Adapted from proven development, vocational interest and coaching models, the program moves kids along a development path that starts with belonging and culminates In generosity, defined as the ability and willingness to contribute to civic life. The program Is a direct outgrowth of concerns expressed by local youth and parents; It odds unique value to the work of standing community resources and private volunteerism; and, consequently, has been encouraged by keystone youth development organizations nerving Brooklyn Center, including Brooklyn Bridge Alliance for Youth, One2One and Youlhprise. PRO USA is unaware of any other provider of whole-child development Initiatives or success coaching for youth serving Brooklyn Center. Filling this niche was our motivation for developing this program. Attachment IX - Neighborhood Stabilization/Code Enforcement Request for Funding MW Non Public Service Application Urban Hennepin County CDBG Program Year 2015 General lnfoYnj06ñ City: Brooklyn Center Other partners (if CDBG funding $150,000 Use of CDBG funding (e.g. acquisition of Neighborhood Stabilization/Code Enforcement land rehabilitation of Describe the activity: Brooklyn center had the highest percentage of foreclosures of all cities in suburban Hennepin County from 2007 through 2010. Based on current market conditions and projections by governmental and financial institutions, Brooklyn Center will continue to experience high rates of foreclosures for several years to come. • The npmber of vacant properties fluctuates, but is expected to be high for the next few years. The status of the property, ownership, responsible parties and numbers can change daily. Some properties were vacant for two years. • The majority of vacant properties in the city have one or more code violations, everything from health/life safety hazards to general nuisances. • Significant city resources and costs are being spent to deal with problems associated with vacant properties, often shifting resources from other programs areas. • Early intervention with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • The presence of vacant homes and foreclosures on a block is impacting the sale prices of open market transactions. Some properties are being listed below or near land values. • Long term vacant properties create potential for increased levels of vandalism and more serious criminal activity. Where will the activity be located? Throughout the City of Brooklyn Center excluding non-eligible neighborhoods What population(s) All Will this principally benefit low to moderate-income persons/neighborh ood areas, or directly benefit Anticipated accomplishments It will benefit Low to Moderate income Neighborhood Areas 100% of Vacant Properties within Brooklyn Center will be inspected, Code Enforcement Sweep inspection will be conducted of 50% of the city, Implementation Schedule - highest priority given to activities able to Tc Tic Staffing and Financial Describe city staff Currently there Is are two Property Code Specialist and a Housing and Community capacity and Standards Supervisor that are participating in the program. The staff are all experience relevant experience in Code Enforcemefltf Neighborhood Revitalization. Will additional staffing/resources No, current staffing exist due to this being an ongoing project. Awards must be spent by June 30, 2016, and applications score It is anticipated that all funds will be expended by June 30, 2016. 1.rutiuint .)UUI - -- - -."- .---.--,,- .' 50 BIG 0fhéfed.eral tpp0;; If -)ecif) State (specTlyj -- 4 1 -,Metropohtan Council - )thdr '(specify) ,r lotsi $15000000 - - - Uses of Funds Amount Staff cf t;?t Consistency with medium, or low priority service according to the 2010- 2014 Consolidated Plan? *Applications High Describe any community or private The efforts are incorporated into the City Councils Strategic Priorities. Specifically Describe how the addressing the priority of Vibrant Neighborhoods. activity meets a Neighborhoods will be attractive, safe, inclusive of a diverse housing stock with locally identified high owner occupied and quality rental properties. Citizens will feel connected to each priority community other and the natural environment will be protected and preserved for the development need:enjoyment of future generations. Attachnient X - Hennepin County CDBG Fund Memo Hennepin County nfloama DATE: December 31, 2014 TO: Urban Hennepin County Direct Allocation Cities FROM: Abby Shafer, Senior Planning Analyst SUBJECT: Request for 2015 Hennepin County CDBG Funding The deadline for submitting request for funding materials is 4:00 pm February 26, 2015. Please schedule your public hearing to meet this deadline. This e-mail is the only notice your organization will receive regarding the Request for Community Development Block Grant (CDBG) funding process. Please forward this information to other staff within your organization as appropriate. The following items are attached: • Estimated Allocation by City • Request for Funding Form • Sample Notice of Public Hearing • Sample Resolution • Priority Needs 2010-2014 Consolidated Plan o Map of Low/Mod Block Groups o Current Income Limits GENERAL UPDA1 E 1.HUD is continuing to place emphasis on the ability of awardees to expend funds to meet HUD's "timeliness expenditure goals." in this regard, the standard term of CDBG agreements will be July 1, 2015 - June 30, 2016. 2.The County has not received notification of its 2015 CDBG grant amount therefore the 2014 allocation (see attached) should be used as an estimate for planning purposes Please prepare for both an Increase and a decrease in the funding. 1'lSOLIDPtED PLAN: FUNDI bIG OF PRIORITY ACT IVIIIES Eligible activities include acquisition of property, rehabilitation of existing housing, construction of public facilities and Infrastructure, public services, code enforcement, demolition, clean-up of brownfields, fair housing services, and down payment assistance for first-time homebuyers. Use of CDBG funds to address local needs must be consistent with priorities identified in the 2015-2019 Consolidated Plan, which will be completed in spring 2015. The priority needs for the 2010-2014 Consolidated Plan are attached as a reference. HENNEPIN Couny CoMMuNrr'W0RFS 701 F0URHI AvoI'IuE Sowil, SUnT 400, M:mlEAPOUS, Ml'I 56415 puoNo: (612) 348-9260 FAX: (612) 348-2.92.0-TDD/TTY. (612) 596-6985 The use of federal CDBG funding will trigger various requirements depending upon the type of activity being funded. The following is intended only as a summary list: • Environmental Review • Lead-Based Paint • Federal Labcir Standards • Procurement Accessibility Standards in Section 504 of the Rehabilitation Act of 1973 o Uniform Relocation Assistance and Real Property Acquisitions Policies Act (Uniform Act or URA) • Financial Management • Affirmatively Further Fair Housing --As a recipient of HUD funds, Hennepin County and participating cities must affirmatively further fair housing, Hennepin County encourages all cities to be proactive by addressing impediments to fair housing choice in your city. To continue Its support of countywide fair housing efforts, Hennepin County will allocate funds from its administrative budget for fair housing services. Prioritized service are those identified in the Regional Analysis of Impediments including outreach, counseling and referral services, training and education programs and enforcement of fair housing laws and ordinances. Cities are strongly encouraged to support similar efforts within their community using CDBG and/or local funds. To find out more about CDBG regulations, review the Basically C090 guide or search the federal regulations at 24 CFR Part 570. tOW/MODERATE..INCOME BENEFIT The primary national objective of CDBG Is to benefit low and moderate-income persons. As such, Hennepin County must ensure that at least 70 percent of the funding is used For this purpose. Verification that low to moderate-Income persons are being served is required (current income limits attached). Depending on the activity, low to moderate-income persons may receive a direct benefit or neighborhood area benefit. See attached map for eligible low to moderate-income block groups for activities that benefit all residents of an area. If a city would like to use CDBG funding to eliminate slums or blight, please contact abby,shaferiwhenrieoin.us. Replacement of lower-income affordable housing and reversion of assets requirements may apply. FUNDING PUBLIC SERVICES Cities have the flexibility to use up to 15 percent of their CDBG allocation to fund eligible, priority public services. Any public services not previously funded must be new services or a substantial increase in a service. The CDBG funds are not intended to replace other funds. ADMINISTRATIVE REQUIREMENTS Each activity should have a budget of at least $2,500. When funds are committed by other cities to carry out a single activity of mutual interest such as a public service activity, the allocation should not he less $3,500. Communities are strongly encouraged to develop joint initiatives to address mutual needs by consolidating their resources. SUBMISSION REQUlREFtlTS 1.Prior to February 26, publicize and conduct a public hearing and adopt a council resolution on the proposed use of CDBG funds. A sample public hearing notice and resolution are enclosed. The resolution includes language authorizing the execution of subrecipient and third party agreements. 2.Complete request for funding form(s) using the correct Excel tab (non-public service or public service). Use one form foreach activity. Hennepin County staff will review each activity to determine CDBG eligibility, program benefit and the relationship to consolidated plan priorities. Email the public hearing notice, affidavit of publication, council resolution, minutes from public hearing, and request forfunding form(s) to dky,l1afer(z6hennepin.tIS by 4:00 pm February 26, 2015. Attachment XI - Affidavit of Publication of Public Hearing Notice AFHDAVIT OFP[JBLICATION S1ME OF MINNESOTA ) COUNTY OF HENNEPJt4 Charlene Void bring duty swum on no oath, aisles or affirms that they are the Authorized Agent of the arvsspapztsy known as: SF Brooklyn Or/Brooklyn Path and has foil kreasotsdgr of the facts stated bnlone (A) The no-paper has complied with alt of the requirements constituting qactifrca. lion nsa qualified nawnpaporaa provided by Minn. Seat. y331A.02, §331A.07, and other appireahin lawn an aterended. B) This Public Notice war printed and pub. tithed to said navnpaper(u) for I aurora. nice loosen; the Ittat insertion being on01122/2015aod the toOt tnrartinohcingon01122/2015. By: C&o.vcA\fdQ Authoetard Agent Soktctibeal and annum to orattitneced before me an 0112211015. S)C))OSS. V Notary Pabiu Ngheay Puhl Rate information: Lowest rtanstliod tote paid by anituvowiat scars for oecopatahta apace. 516.90 per returner inch Ad ID 337513 City at Brooklyn Centerpta/at Pahmausar4taOttCgOFPOOUO Had/tub'SCITY oPe0000LYtI collieR2510 000dOt elaavaptn COaJtlmYcunrrdutrrrfgEyliLopktOttioLaCtrsnAtarp00000MtOnes a5 tanr.try uvara out 1h.Sty 01 Bcnultya Center in acep-a.eauoo odOr Ituancapin .Ccaotyporsr.aot to title I at Ian Hootaud Caosrnautity tteaeluprnnnt Areat 1974, so —.,;-d, to pot/tugo P/tea flea/ru nan Fabuato a,Slits. at rpm. was soon thareat-tans the manor may he heard, atthaflanutdaocavteoCftyflth outStSOin Creek Sc/run0 B,cotiaoCartahidhraenta.The Pot/ta lisa/rota shoot thehone/tn anal eocmnnity daunbp-snaut macta aunt the Cit/a peopurnrtens at the eaticrantud Onto tOkenHscsnoçdur Cuuenj Carrowndty Or-otlrpotnot rOok ala Pcaueaasplan/tate o'taeaoca a,dnScTttaFonts Hewing tsbo/t hold penn-ant en PIn sting.Stun Citp of Btnnldps Ceutac 1.propaing a ondortaics the rot-wv-ltg ertlittOn a/tsr oats Ikbnus Has.rscpaa Coaub COOS tends stcrtinart mabnntjdyt, oats, based ranapptopdnctrca Ia 20t4. dna/uoatHahab at Pot-ate Property a/nuns$tn.trtlSOAP. $t2.IuSN65tliocttaad a/muonsItsaltateatloaatot.tnuco OrsonAnontea toe 53,5 rnRoost s as (roOt Far sddtlueat lsturmatlntt etcautOne pdoO(es, tunyanud 000ciletattnodsngavopcograropedoe'returns onntcot Ste Cry otacuchlaeaCanttu St 76-56g-SOar 0, tine Hen-rayon County ItcuattI erep2r0000tatOtS-040-SSGO.000nmay aids for pomona a/ti,altactunwa our soatlonia ocean en-qrontat taaattoherea to adyanue.FteaaeocotentttcsCdtyCtohatlhi-rbinnttoaamahootrannomunte.12tt6.3SPt. PailEstaerate42015CO50.537513 City Council Agenda Item No. 6e I1uJ[iII1•i Ik'IUk'A I [S)TiI IiIh'AI DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Accepting Bid and Awarding a Contract, Centennial Civic & Veterans Memorial Amphitheater Project Recommendation: It is recommended that the City Council consider approval of the lowest responsible bidder and award a contract to Custom Builders, Inc. for the construction of the Centennial Civic & Veterans Memorial Amphitheater Project. Background: Bids for the Centennial Civic & Veterans Memorial Amphitheater Project were received and opened on February 5, 2015. After careful consideration, Blumentals Architecture, the Amphitheater Fundraising Task Force and staff unanimously recommended the inclusion of Bid Alternates 91 & 92, along with the base bid be accepted. Alternate 41 is a standing seam metal roof on the cupola portion of the structure. Alternate42 is for a curtain wall at the rear of the stage. The bidding results including all approved alternates are tabulated below. BIDDER American Liberty Construction, Inc. Custom Builders, Inc. Derau Construction Ebert Construction Environmental Associates, Inc. Jorgenson Construction, Inc. Kue Contractors, Inc. Morcon Construction Co, Inc. Project One Construction, Inc. Terra General Contractors TOTAL (including approved alternates #1 & #2) $530,300 $523,861 $536,500 $566,684 $833,789 $590,800 $530,314 $571,965 $551,897 $679,100 Of the bids received, the lowest bid of $523,861 was submitted by Custom Builders, Inc. of Cold Spring, Minnesota. Per a due diligence check (information enclosed) conducted by City staff and Blumentals Architecture, Custom Builders has the experience, equipment and capacity to qualify as the lowest responsible bidder on the project. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualitp of lift' for all people and preserves the public trust i1Uh(i1 I I I k'4 U'A I W4 [I) 1I flhJhi1 Per their bid, Custom Builders Inc. proposes to complete the construction in 75 days, following the official Notice to Proceed. Budget Issues: The bid amount of $523,861 is within the estimated construction cost of $550,000. The total estimated construction cost, including contingencies is $639,110. Costs Estimated Amended as per Low Bid Contract $550,000 $523,861 Contingency $ 66,000 $ 62,863 Admin/Legal/Eng $ 55,00 $52,386 Total Estimated Project Cost $671,000 $639,110 Revenues D onati o ns* 2012 Excess Fund Balance 2015 CIP Allocation 2015 Storm Water Fund Total Estimated Revenue Estimated Amended as per Low Bid $309,798.41* $309,798.41 $100,000.00 $100,000.00 $200,000.00 $189,311.59 $40,000.00 $ 40,000.00 $649,798.41 $639,110.00 *N ote: The total donations and interest raised is $344,708. The amount shown is the donations fund balance after expenses incurred to date. Strategic Priorities: Community Image I1Jtssirnz: Eiisuriiig all alliaclive, c/ca,,, saft, inclusive community that enhances time qualitj' (?tlfe for all people amid preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT WHEREAS, Pursuant to an advertisement for bids for the Centennial Civic & Veterans Memorial Amphitheater Project, bids were received, opened and tabulated by the City Clerk and CARS Director on February 5, 2015. Said bids were as follows: rnnrw American Liberty Construction, Inc. Custom Builders, Inc. Derau Construction Ebert Construction Environmental Associates, Inc. Jorgenson Construction, Inc. Kue Contractors, Inc. Morcon Construction Co, Inc. Project One Construction, Inc. Terra General Contractors TOTAL (including approved alternates #1 &# $530,300 $523,861 $536,500 $566,684 $833,789 $590,800 $530,314 $571,965 $551,897 $679,100 WHEREAS, it appears that Custom Builders, Inc. of Cold Spring, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Custom Builders, Inc. of Cold Spring, Minnesota in the name of the City of Brooklyn Center for the Centennial Civic & Veterans Memorial Amphitheater Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the CARS Director. 2.The estimated project costs and revenues are as follows: Costs Estimated Amended as per Low Bid Contract $550,000 $523,861 Contingency $ 66,000 $ 62,863 AdminlLegal/Engr. $ 55,000 $ 52,386 Total Estimated Project Cost $671,000 $639,110 RESOLUTION NO. Revenues Estimated Amended as per Low Bid D onati ons *$309,798.41*$309,798.41 2012 Excess Fund Balance $100,000.00 $100,000.00 2015 CIP Allocation $200,000.00 $189,311.59 2015 Storm Water Fund $ 40,000.00 $ 40,000.00 Total Estimated Revenue $649,798.41 $639,110.00 *N o t e: The total donations and interest raised is $344,708. The amount shown is the donations fund balance after expenses incurred to date. February 23, 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. U U z z z 0 z0 0 g S SK' 0 K tfl 8 8 8 S S 0 0 0 80 5 5 5 Liz >- 0 >- 0 U " S 05ZSz00< 0U F "Z0B U 8 U 0 S B 8 S B B N N •q It,'0 K U*1) -zU J2 w E co o In 15 IS IS 15 u IS -o 15 -o 15 15 z Z Z Z Z Z Z ct z0 o cli o. qCD N o N - N In 0' NNIn ----. § cZ o It on In , UI 00 In In UIz In 0 CI 0 0 InCI 00 0U N o o In 01 -'CI I'I - -'I -- In -- In -- zQ In - U- - U z 0 -- U g Z z 8 Q U In b z 0 b 0 -In It In UI o 0 U In 0 u 13 Iz8 =88 lz a a CI CI CI 0 F a) U -cU U) aE - LIU U-11' -L^: 11 Custom Builders Inc. 12383 234th Street Cold Spring, MN 56320 Custom Builders Inc. was founded by Norb Gresser in 1970. My Grandpa Norb has since retired and CBI was reignited in 2011 to specialize in Park Construction. The CBI team has worked together the past 15 years for a General Contractor constructing Public Buildings and Parks. With a focus on Park Construction in 2011 Custom Builders was started and has over 100 years of combined experience building Public Park Projects around the entire metro area. We hit the ground running in 2011 and have successfully completed public park projects in Anoka - RRRT Project, Sartell - Pinecone Central Park, Eden Prairie - Round Lake Skate Park, St. Paul Front Park, Burnsville Skate Park, Woodbury Ojibway Park, St. Cloud Metro Transit Plaza, St. Cloud -- 33 Street and Plymouth - 1-hlde Center Park Phase 2. CBI is an active member of the MN Park and Recreation Association, MN Park and Sports Turf Managers Association and Central MN Builders Association. In each of these associations we volunteer to work with the Architects/Engineers and Park Directors/Supervisors to provide feedback on what works to perform and create the highest level of finish in building public park projects and building a better community. All of the above volunteer associations are a great networking group to continue to learn and teach successful building techniques and methods for each unique project. The Brooklyn Center Veterans Memorial Amphitheater has a high level of detail required. Its going to take a unique and specialized contractor like Custom Builders Inc. to exceed the community expectations and remain under budget. We will provide recommendations built on experience building specialty park projects. We have both the Park and Building experience to successfully complete your project. We understand with experience what building a Veterans Memorial actually means to a community. Comparable Past Project Project Name: Rum River Regional Trail Project Owner: City of Anoka Project Location: Adjacent to the Anoka City Hall and Rum River Owner Representative: Greg Lee Owner Title: Public Services Director Owner Contact Info: lee(hci.anokanmu 763-576-2781 Description of Project: The RRRT Project was an extremely high profile, high pedestrian traffic project in the downtown heart of the City of Anoka adjacent to the City Hall overlooking the Rum River, The project included extensive layout, earthwork, cast-in-place concrete foundations, stairways, colored concrete trails, modular block retaining walls, limestone masonry retaining walls, steel and wood overlook structures, Cold Spring Granite overlooks, limestone and landscape rain gardens providing both water retention and first class architecture. The miscellaneous steel included galvanized radius handrails, stainless steel hand rails and decorative aluminum information kiosk signs. The project turned out astonishing and the local community was very pleased with the high level of finish detail and craftsmanship on the project. The RRRT Specialty Park Construction Project was a perfect fit for Custom Builders Inc. and will serve as a staple project showing our wide variety of expertise in Park Construction in building a better community. Original Contract Value: $1,129,652.96 Final Contract Value: $ 1,127,565.76 - • ' Proj ect Name: Park Cafe -4Z - Project Owner: City of Sartell — Pinecone Park Association fl; Project Location:Location: Pinecone Central Park—Sal tell, 3 Owner Representative: Gordy Meyer Owner Title: Head of the Pinecone Park Association i Owner Contact Info: 320-761-0631 Description of Project: The Park Café included a masonry foundation and burnished block exterior. The building also included exposed structural wood members between the two buildings. Custom Builders Inc. was the general contractor and self-performed the entire building of the project. Original Contract Value: $ 400,000.00 Final Contract Value: $ 400,000.00 - - .. MM EIIL]^iL FAR I!; L.. - -..pL_ rrr .--- - Vp L'!iiill!llllVUUUU liii!!!! I! 11 .-•\_ IltII Ill thIiI rcIIflflhI FT Project Name: Sartell Pinecone Central Park Project Owner: City of Sartell - Pinecone Park Association Project Location: Pinecone Central Park - Sartell, MN Owner Representative: Gordy Meyer Owner Title: Head of the Pinecone Park Association Owner Contact Info: 320-761-0631 Description of Project: Pinecone Central Park was a phased project that included a 50'x50' Pavilion, (8) Masonry Dugouts and four complete ball fields including 25,000 S.F. of cast-in-place decorative concrete trails. CBI worked with the Pinecone Park Association from conception to completion of the proj ect. Original Contract Value: $ 855,000.00 Final Contract Value: $860,000.00 rT 1 1E __ U Af mkl him Op AI - Project Name: Hilde Performance Center Phase 2 Project Owner: City of Plymouth, MN Project Location: City Hall Plymouth, MN Owner Representative: Diane Evans Owner Title: Park Director Owner Contact Info: 763-509-5201 Description of Project: The Hilde Performance Center Phase 2 included decorative masonry walls, masonry bridge structure, a granite veteran memorial, cast in place concrete walks and landscaping. Original Contract Value: $1,200,000.00 Final Contract Value: $ 1,200,000.00 '.:-'' .' •i- - •...•--.- -... • . . •.. ..•--,...... .. . . .. .. - .. - r - --- -- - ••.- ,,.. ----a.-.-- ._- —L i----- -.- - -a--.- . ----- - - .. : - - -- - 1 Jt X IV Q -175.0 ^ 'I, I _-7-IM' I' -,--.--WO Xw ON A WIND - - - '-: 2I. - / - 1tf11 I' - :- Anti-Graffiti Coating - Plymouth Hilde Center Limestone Caps 1 Private Construction Projects done by the CBI Team = - -4 . ;•. - - ----------- -- .- ----. - --= k ---- ----_ -- -- . - . - - - - -LiT --- - - -- - I- ( r 4k \. s—..-- -f -.,- We have the required Park and Building experience to successfully complete your project under budget and on time. Thank you for the opportunity© Jeffrey Reiter, Project Manager Office: 320-443-0107 Cell: 320-250-0108 Jeff rey. re i te r @ c u St 0mbuild e rs m n .com www. cii sto m b nil d e rs ni n .com 1 H (). 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Ui U.001IL' ocl I :ZI I 0 x.Iox o., I lI co) > I 0. ci w Hcl•i: u,u.! 0 U) U) NICO (UN.W113N. 0olu 0(0 0 CIII) 0)0 0.0 IU)j' '-'I-'ii--' 0.1 101 Dl U)) Ui lziw zw H ix i 0 CI I) UIII Oil)U 0I oo 0 0 o.oIoo 1.)8,0 1 U) U) U)U) II O II iljzz'(00) U t U)J I .L. 0 IC) IC)r0C"1 0) IN City Council Agenda Item No. 6f II]JJ[iJ I•II DIL'A LU 3k"A [I] 1aWI IIIJhYA I DATE: February 17, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving an Amendment to Joint Powers Agreement for Street Maintenance Activities Recommendation: It is recommended that the City Council consider approval of the resolution approving an amendment to the Joint Powers Agreement regarding street maintenance activities (seal coating). The recommended and attached resolution would approve the proposed amendment to provide for a 30 day written opt out notification period versus the previous 60 day written opt out notification period as previously provided, affording the contractor more time to perform the contracted work, yet still allowing Cities ample time to opt out should it be necessary. Background: The City of Brooklyn Center has participated in a Joint Powers Agreement with the cities of Coon Rapids, Andover, Anoka, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines for purchasing roadway seal coating and other maintenance services. The intent of the agreement is to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities into one project bid and to promote a more competitive bidding environment. Under the Joint Powers Agreement, the City of Coon Rapids administers the preparation of contract documents and project bidding. Members pay a fee relative to their respective construction costs to the City of Coon Rapids for reimbursement of legal and administration expenses for the contract. Each member community provides a list of various street maintenance activities to the City of Coon Rapids in February of each year. All quantities of street maintenance activities are consolidated into one set of contract bid documents. Each member community retains the ability to opt out of the contract by providing written notice to the Director of Public Works for Coon Rapids. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Financial Stability IJission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for oil people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO JOINT POWERS AGREEMENT FOR STREET MAINTENANCE ACTIVITIES WHEREAS, representatives from the cities of Brooklyn Center, Coon Rapids, Anoka, Andover, Fridley, Ham Lake, Columbia Heights, Mahtomedi, East Bethel and Circle Pines entered into a Joint Powers Agreement on February 1, 2005, for Traffic Markings, Street Sweeping, Crack Sealing, Screening & Seal Coating for the purpose of gaining a financial benefit by combining street maintenance work for bidding purposes; and WHEREAS, the City of Coon Rapids has proposed an amendment to the Joint Powers Agreement which would provide for a 30 day opt out period versus the previous 60 day opt out period; and WHEREAS, this amendment would allow the contractor more time to perform the contracted work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the Sixth Amendment to Joint Powers Agreement regarding a modification to the opt out period. February 23, 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. SIXTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Sixth Amendment to Joint Powers Agreement ("Sixth Amendment") is by and between the cities of Anoka, Andover, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomedi and (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn, Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement"); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment"); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment"); and WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment"); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment"); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, By agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment"); and WHEREAS, the Cities met on December 2, 2014 and agreed to amend the opting out period in the Joint Powers Agreement. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. Opting Out. Paragraph 4 of the Joint Powers Agreement is hereby amended to the parties hereto recognize that municipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within thirty (30) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. [Signatures on following pages] Dated: CITY OF BROOKLYN CENTER By: Mayor By: City Manager City Council Agenda Item No. 8a I[I1IJ(i1 I I I k'A U I k'4 (I) 1I 1IJh'A I DATE: February 5, 2015 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: CenterPoint Energy Gas Franchise Agreement Recommendation: It is recommended that the City Council hold a public hearing to receive public comment regarding the proposed revised Gas Franchise ordinance. Following public comment it is recommended that the City Council direct staff to bring the ordinance back to the Council for consideration at a meeting when a hearing is being held on the new franchise fee ordinance. Background: On January 26th 2015 the City Council scheduled a public hearing and adopted on first reading a new ordinance that if approved will replace the current franchise agreement with Center Point Energy. The franchise ordinance provides the City Council with the authority to impose a fee on the Utility which is passed through to the billed customer. Such franchise ordinance grants the utility the right to utilize the public right-of-away and other public properties for the purpose of constructing and maintaining natural gas facilities. The fees under this ordinance are established by separate ordinance. The monthly fees that are passed through to customer vary depending upon the type of service provided, ranging from $1.52 for a residential customer to $99.00 for a Large Commercial or Industrial customer. The City Attorney has advised that the new ordinance should not be adopted until the fees are established with a new ordinance. We are in the process of completing our fee comparison review and will be discussing the fee ordinance with CenterPoint representatives shortly. Until a new fee ordinance is adopted the current fee schedule remains in effect. Therefore, we recommend that following the public hearing, the City Council direct staff to bring this ordinance back for your consideration at the same time the new fee ordinance adoption is under consideration. Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of//fe for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM DATE: January 21, 2015 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Center Point Energy Gas Franchise Agreement Recommendation: We recommend adoption of the ordinance on first reading and to schedule a public hearing for February 23'd at 7:00 p.m. for final consideration. Background: The Franchise Agreement with CenterPoint Energy has expired. We have continued to operate under the existing ordinance since June of 2013. The City Attorney has negotiated the attached ordinance initially proposed as a model ordinance by CenterPoint Energy. The ordinance provides that the City may impose a franchise fee pursuant to State law subject to review by the Public Utility Commission, The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance. The current franchise fee ordinance with CenterPoint Energy generates approximately $250,000 annually. The current franchise fee ordinance will remain in effect until amended. It has been Council policy to use the funds collected to help pay for the annual street reconstruction program. Budget Issues: The Franchise Agreement with Center Point Energy generates approximately $250,000 annually to support the street construction program. These revenues are included in to 2015 capital projects fund budget. Strategic Priorities: . Financial Stability It'J!sgiojz: Ensuring tuz attractive, cleat,, .vq/', iiicltiive community that enhances the quality of Ife for ailpeople and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd 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 granting a franchise to CenterPoint Energy in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO.____ AN ORDINANCE GRANTING CENTERPOJNT ENERGY RESOURCES CORP., dlbla CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, IIENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Brooklyn Center, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., dlb/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. ORDINANCE NO. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN. 55340 Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property that is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to. a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise, the City Council by resolution. may either revoke this Franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. ORDINANCE NO. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, or if Company invokes this paragraph in a challenge to a proposed franchise fee, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as maybe permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the tennis of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3, LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise, 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways in accordance with Minnesota Rules, Part 7819.1100. Company shall restore the Public Ground to as good a condition as formerly ORDINANCE NO. existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the. said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The City will comply with requirements of Minnesota Statute, Section 216D.05. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules, Parts 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and the Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RE LOCATIONS. 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules, Part 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of-Minnesota Statutes, Sections 16145 and 161.46. ORDINANCE NO. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6, VACATION OF PUBLIC, WAYS. The City shall give Company at least two weeks' prior written Notice of a proposed vacation of a Public Way, The City and the Company shall comply with Minnesota Rules, Part 7819.3100 and Minnesota Rules, Part 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee as approved by the Commission. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will' be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. If the Company claims that the City required ORDINANCE NO. fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will suggest one or more formulas that will produce a substantially similar gross fee amount to the City. If the Company and the City disagree on whether a fee imposed by the City is discriminatory or places the Company at a competitive disadvantage, the Company may initiate the dispute resolution provisions of this ordinance. Where Company has timely disputed the franchise fee pursuant to section 8.2, the existing franchise fee will remain in effect until the dispute is finally resolved. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the fee is inconsistent with this franchise or state law, or is challenged pursuant to section 8.1, provided the Company provides the City Council written notice of its objection to the fee within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements set forth in sections 8.1 and 8.2, and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01 et seq., as it may be amended from time to time, with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 7819.3300, as it may be amended from time to time, with respect to abandoned facilities in Public Ways. The Company shall maintain records ORDINANCE NO. describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall -not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. - 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT-PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. SECTION 12. EFFECTIVE DATE. This ordinance shall be effective after adoption and upon ninety (90) days following its legal publication unless earlier revoked pursuant to Section 22 hereof. Adopted this day of 2015. Mayor ATTEST: City Clerk Date of Publication: Effective Date: City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jwta*Avc^^ SUBJECT: Type IV 6-Month Provisional Rental License for 6013 Zenith 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 6013 Zenith 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 twenty-three (23) 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: 09-19-2014 The Owner, Nick & Shelley Foulks, applied for an initial rental dwelling license for 6013 Zenith Ave N, a single family property. 10-09-2014 An initial rental license inspection was conducted. 23 property code violations were cited, see attached rental criteria. 11-12-2014 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 01-15-2015 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. 02-01-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 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 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 and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 11-2 units 10-1 Type 11-2 Year - 1-2 units I Greater than 1 but not more than 4 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 11-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 04 25 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life Jar all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust P Cfty of S MDklyn Center - Ii 1-'L59-22iJ '6201 SHTle CrLek Parkway hQ: ThL9-3O Mai - Rental Liceie Mfligton Plan—Ty7)a IV Rental Lken HflHd*lnpJLnic wllhwi bapfe Pkjpett fktkfi'i,i 'in Up iiebsite. Ptcjy Add6013 Zenith Ave. W Bo lyn'Center - Nick and Shelley Foulks 1 Aflt Renters Warehouse 0mirr Addiss Ag AkIrs: ni Li;WE&W1 53O4O Ownir !11o262717889 -Nick At P ()W1C EWIfl Slle yfouIksmiI corn AtE 1 jjpferrenterswai-ehouse ôrn Ria1 Ui: t1J RIJv]. itrcfl Lkeis Eyi?at tat, E_____________________ *pdjngTyp iv Uc - License Exp. /Sy jiônks froii -1 y- /jjg' frjth) 08/31/2015 vss Based on pro peay cmdiUon nnd'or rn1i!id police iciie icidvnr. the crtric1 rpy qwJiIs IDE- a TVpL IV Rtrn&l Lettt BLIbfl, your 1icn npphcariou can be ondeid by ffir C ity Council, \1umrnn Plan int he vumpid tind rivtcd ht Cr,. y qiffr /. fu Il.v,wt13Vld,_-4 MiGzadoji Mn mu' b bi't(cd itdy ennrt. titd ., iornp n orihc 1ri'c application pxc The Mi(gfliün I!Ls s1iouh3L-1dirwe thc 'p bui. 4jI n lo , cwe- iL36312111JI19 Ii1 (lit. ttL!t thut will h. iikn j th CE Ordiniint. und .ipphciibk Ccdi Th 1igitin P1rn pitt* opporiunRy lii mfinv p -upth cn und dL11113 p9S1blL )klttOUs to impmW thL t ULH cnth mrs iI -. -- : - - NOTICE The i Rumiiig Out--Y nu rnt TAKE ACTION NOW iJir to mcrt the rdinuiee nd Mi1iklinn with 1th ptz*ling -tn pid wid uvoidk1 t.il?u SuI,nt thc lu1I1ng doc ilomim with Ui 3t;ii Plan mr ppriw ed-______ - C'inic F I iusij r rrn.Trdnit cct hcdnkd ditc in Sción C - - - L.J1 1 (pv tfLcue 1g zm.'ta Cen. rni }liuinj LcL Addendiun t 3 Suhniit Wriltcn report by I Q t Eknt11I [Thr it. ppuI). - - - - - - 7.RequLet -: -- -. - - - -. - - - -- ' I U' iCtt ieu. -1uthiii C'ñmt. Iru Lt A&luulwii 2 itk rniu.d }nc uxid t1tcik for all pcospee dw w minvh , Prwidt dixunc tinn t City if page I I --YJ . Jstt thi vcn rtcnnt wh ' iithc (cnis 1tit kusc tii -iy Jni - - - - prsd eiaht hmr Crimt FrCe Hom.4mg *tise. Di Crni4 Ie Course hhid: _j Complex Suthy Assmm cM M6 JIMPIMM !I ury iflIPMUMMS teCOnntSkd by th T3otik1yii C e I' t'ne4t-frT I it mWtiom of$CPNfth. ARM I will 1tth 1. guflic yl Do inese o mtcthg dates orcur bw the *P8,IdlIw tht Ye 0 , U no, you i0l only be ablit to qualify for a Typo IV RtflaI License UpQfl viii 1tw no son 5 provf documett wi khi:Q the put yvar, Fioarh 10Ut1VTM10re Lnlls: Li will cMt xmhin rouM1y that fri deth prvenion ehnlq.[iii R xi voI ind kv. timtcd m, lacoment datm wpidd for omuwn citiL itmu, Funding. ioud b tickr1 iwtodilWy Hcwwn t&w bn,, 'inj derw in Violation prior tth ±ind rctri t dAte. WS 11 riiih --rXIC, Lint Re-placed f1wia, trim. ________2025 NFA ------ :ninth [t btTii 1L' l th q%c,t rprpy. tIaQr t/ xWo gt! L Ckir with na vy & Driveby pi'pety to chk fiarvi-oliviow twk hw. t? Ml pflr! Mn Rev 114'fl II'-J3 Evict tenants in violation of the ioe and all addeiduma - 4. Provide lawn/snow service. 5, nMde garbage service. . IJtaIi Securityaystem.Centrpc1nt PlusM7. Ptovidemantaruince service plan forappitance. Nniie ofetvice c____________________ ED S, Z "'10A Will rennttt on pyot orutlilty fs,taxa &amcnts fines, p i1tla and other flnae1eI CIAlms Out to ft City, PlDm read tharough1y If th Type IV Rontal License is approved by the City Council, the Licensee must eoply with the appmved Mitgeton Plan and all appticabe cSty C40deS, No later thaii the lO ofeath Imlar month, the Jieemut subnth to theBuildg and Contnutlty Standards Deattmett a wrfttin report JeWbing all steps takeiit omp1y with the Mitigalon Plan I veiiy that all I iñioj mvided above Ia true anti acautaie E undexentid that 1I do not ooinply with an approved itiatiDnPJan coInpI)r with all applicable ordinances w!Wrkft Iicen pe9k4 oroperate beyond th Iianic phtioii 4a1c eiform tatlnsitch ations, formal cmp1alntorltcesa review my tet1t. Shelley Fouks Ocr Agent Name dTha (P1aF,int) /sJjg Ofi6er or Agent Sigi*= Mdilicina[ OwnrorAg nt Namend 11th. (/fppffcbfB) (Pan PrIM) AdditIonal Ow rAarit SJnnture (1Ippflt&bI) - cti 1 irIfl I1ot tt Dale ZIP 146—-- Page 3 Type IV Mattcn Plan Rgv 11--11 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4708-4712 Twin Lake 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 4708-4712 Twin Lake Ave. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family attached (double bungalow) property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on seventeen (17)/unit property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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: 09-26-2014 The Owner, Byron Mach, applied for renewal of the rental dwelling license for 4708-4712 Twin Lake Ave, a double bungalow dwelling. 10-16-2014 An initial rental license inspection was conducted. 17/unit property code violations (34 total) were cited, see attached rental criteria. 12-05-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-19-2014 The $100 reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-22-2014 A third inspection was conducted and passed with Weather Deferral. 12-31-2014 The previous rental license expired. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-07-2015 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. 01-21-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 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, clean, safe, inclusive community that enhances the quality of life for all 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public (rust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type II —2 Year 1 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 umts 0-0.25 , 5 or more units 0-0.3 5 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 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0215 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 I 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, soft, inclusive community that enhances the quality of life for all people and preserves the pa bile trust City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 5543019 Phone; 763-56-300 TTY 712 Fox: 763559-3360 org TypW Reta1q)ise rjisefiThfble/,j'pn C!' website. Section ' A— Property Information Property Address 4706-4712 Twin Lake Ave , Brooklyn &ii1efl4N 55429 )wnrNmi.. Byron Mach Local Agent Byron Mach Owner Address: 305 Chadwood Ln, Poe City MN $5063 Agent Address - same Owner Phone 320 629 6166 AgentPlione same - Owner Email nancymach26@gmarl corn Agent Email same Rental License New jJ Renewal: Current License Expiration Date-12131114 Vending Type IV License Exp. Date 61305 (&z moeths from current license epzrthwn) Based on property conditions and/or validated police nuisance incidents, thegbove referenced property quahfics for a Type IV Rental License Before your license application can be considered by the City Council a Mitigation Plan must be completed and reviesed by City staff A fully completed Mitigation Plan rnutbe submitted immediately to ensure timely completion of the license application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ,ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportumtyto review property concerns and identity 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. Sectton13—RequiredDocumcns Suhmy ilui mo, ing doeuments wills the Mitigattoim Plan for approvak I 1,Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled dale in Section C 2.Copy of Lease including Minnesota Crime FreeFlousing Lease Addendum Ii 1 1 .Submit written report by 10th of each ac,rith (alter license approvai) Section - Crime Free Housing Program RegHrments FieJ 'II 1.Use written lease Including Crime Free housing Lease Addendum. 2 Conduct criminal backgTound check for all prospective tenants Providu documentation to City if requested. L_LJ .Pursue the eviction of tenants who violate the terms of the lease or any addendums. Pace 1 Type IV Mitga1ton Man Rev 111641 7,77 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: H.PhaseL /J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 112012015 Improvements to be completed by: Ph.osej LZ fl1 will attend a minimum of 50 of the ARM meetings I will attend the ARM meetings scheduled for:& I. Do these two meeting dates occur before the *Pending Type JVLicence expiration date? es LI No (See &'cIionA) If no, you will only be able to qualify for Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more rmft I will conduct resident training annually that includes crime prevention techniques. I F i will hold regular resident meetings. l s6ct!OuQ UngTerm ca p i IA IIm p royem e nts...a .... Based on condition end age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items brolcen worn or Othenvise in violation prior to the estimated date will require earlier corrections. ,replacement Date Last Replaced Estimated Replacement Date Furnace/AC--.2012 2030 Water Heater- 2006 2020 Kitchen Appiianee Laundry Appliances-PIA Exterior 2005 2010-Paint/Siding, fascia, trim 2014 2020Windov -- 2012 2032-Roof -Fence -Shed -Garage ....NA -Driveway -Sidewalks Smoke Alarms & Crhen Monoxide Alarms 2014 2020 Section E— Steps to Improve Management nnd conditions of .?rQ Implementing the following best practices may assist in the management of your property. BJ IUY kIng the boxes below, you agree $0: II / ii. Check in with tenants every 30 days. IV I 2. Drive by property to check for violations twka a month. Page 2 Type IV Mitigation Plan Rev 11-1611 LJ i3, E ,ic t tenants in violation of the lease and all addendnms,R 4. Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7 Provide m a intenance service plan for appliances. Name of service co _______ 8. 1 am and will remain curreat on payment of utility fees, taxes, assessments, fines, penalties and other ______ financial claims due to the City. L I9. Other(s) Please i'nd thoroughly If the Type IV Rental License is approved by the City Council, the Licensee niust comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must subnilt 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 provide d above is trtie and accurate. I understand that III do not comply with an approved Mitigation Plan, comply with all appifeable ordinances within the license period, Or operate beyond the license expiration date; cnforcernertt actions such as citations, formal complaint orliceuse review may result. Byron C Mach -owner Owner or Agent Name and Title (F1ese Prin) 1/20/2015 Owner or Agent Signature Date Add itional Owner or Agent Name and Title licable,)(Pleas-, Print) Additional Owner or Agont Signature fppicok,) Date For (Tir t."MiT'Hc! F111 ,01 App iej , l y: ct aate lk,y/ ^- DcpamtntCIlt / ate Page 3 Type IV Mitigation Plain Rev 11-1 6-11 City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO:Curt Boganey, City Manager FROM:Sharon Knutson, City Clerk a4w *Vtk*— SUBJECT: Type IV 6-Month Provisional Rental License for 6769 Humboldt 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 6769 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 attached dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eighteen (18) property code violations found during the initial rental license inspection and one (1) validated police nuisance incidents 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: 09-18-2014 The Owner, Li-Chwen Su, applied for renewal of the rental dwelling license for 6769 Humboldt Ave N, a single family attached dwelling (townhome). 09-29-2014 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 09-30-2014 The previous rental license expired. 10-02-2014 The property was posted as unlicensed. 10-23-2014 A second rental inspection was conducted and passed. 11-17-2014 City records indicate one validated police nuisance incidents occurred in the past twelve months. Incidents were 12-27-2013 disturbing peace. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 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. 01-15-2015 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. 01-23-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized. 02-13-2015 A $300 Administrative Citation was issued for renting without a license. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 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. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the pith/ic trust COUNCIL ITEM MEMORANDUM state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units - 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1. 5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd.2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust COUNCIL ITEM MEMORANDUM Sor more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater -than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units •.Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan !'Iisg!o,i: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I City of Brooklyn Center Phone: 763559-3300 TTY 711 6301 Shingle Creek Parkway Fox: 763-559-330 Brooklyn Center, MN 55430-2199 wwwcftyofLro.ok(yrJcer?rer.Orrg Rental License Mitigation Plan--Tpe IV Rental License Handwritten plans will not be accepted. Please type or usefihlable form on CIV website. Ptoprty Address:6769 hirAVe?iEieNoh OwrrNanie LiChWen Su l.W1I Ag-n1 Owner Adclrcss. Agent Address: -West River Road. eroo1Jyn Park, LIN 55444 Based on proer1y conditions and!or validated poliee 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 Plait must be submitted immediately to ensure timely completion of the license application process The Mitigation Plait should indicate the steps being taken to correct identified violations and the measures that will be taken to ensureonomcoinpliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identi1 possible solutions to improve the overall conditions and management of the property. NOTICE: Time i$ Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requkenients within this*pending license period and avoid legal actions. •••.• :- :• :.--:•-.• .:. ::-..:eôti,n. Recpired I)oiithiit :1:..:. :. .-:.:... .:- .-:. .SIIlnhil lIIL following duciirnenls with the MitiIiun Plaii for uppi -ovni: I.Crime Free Hour, ing Pu'j.rani Training Certificate (if completed, if not completed, please include date in Scctit:.r C.- ..I schcdukd U 2..Copy of Lease incltiding N1inob Crime Free Housing Lease AddendumF713,I $ubnit writtcn report by I tith of each ruotii aftcr (icenc approval). Section C— .Cri the Erce .Housing.PIra _Pha eI7 1.Use \TiUn lese including Crime 17i -ce housing Lic AddCnhlII!n - Iv 2.conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I '/ 1 3 Pursue the eviction of tenants who violate the terms of the lease or any addendunis. Page I . Type IV Mitigation Plan Rev 1146-11 4. Attend City approved eight hour Crime Free Housing course. Date Conrre Completed: DW22011 or Date Course Scheduled, Phase IILI] Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department, Date Scheduled., 11/21/2011 Improvements to be completed by: 113012015 Phase HI will attend a minimum of 50% of the ARM meetings (two). I will attend the AItM meetings scheduled for: U112014 & I1it!14 Do these two meeting dates occur before the *Fending Type 1T'Lke,ise expiration date? II Yes E:1 No (See SeclIon A) II no, you will only be able to qualify for a Type IV Rental License *ipon renewal. I. 1J I will have no repeat code violations previously documented within the past year. aorpropentes i'FiJifow- or more un/Is: I will conduct resident training annually that includes crime prevention techniques. I 1 i will hold regular resident meetings. iij Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, itenis broken, worn or otherwise in violation prior to the estimatedreplacement date will require earlier corrections, Date Last Replaced Estimated Replacement Date Furnace/AC -011011200a 0110112020 Water Heater-ouoiiaoa - oi,o11205 Kitchen Appliances-0110112010 OliW120a0 Laundry Appliances--01101/2010 0110112030 Exterior -PnintfSding. fascia, trim -rassc'cnian ravemant per esocIa1Jcn -\Vindows oiiainoao a ieaioia -Roof 01/0112005 01/01/2020 -Fence . -Shed -Garage .- -Driveway -Sidewalks .-- -- - I'JA NA NA NA ..NA per modallon agyeemmrit -parasswakn agrEeweni pat aaci8tiuflagreement per associallon egeowent Smoke Alarms & carbon Monoxide Alarms oi!oinoia 01/01/2021 Other(s) Section E— Steps to Improve Maiiagenieoit uid Qrnthtions iI Property Implementing the following best practice may assist in the management of your property. By eikhig the boxes beloovyou agree LL J I. Check in with tenants every 30 days. I 17 - I 2. Drive by property to check for Violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16--11 3.Evict tenants in violation of the lease and all addendums, 4.Provide lawnIsnw service. I ! 5. Provide garbage service.ff 6 . Installsecurity system.I I 7. Provide maintenance service plan for appliances. Name of service co._______________________ -- 8 1am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.II 1 . Other(s) Plea s e weed thoroughly : If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensce must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I veri fy that all information provided ab o ve. 15 true and accurate, i understand that 111 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, format complaint or license review may result. ci Jj Owner or Agent Name and Te 'Pkag e Prin) - IMA1 A 1 / -21 - iS Owner or Agent Signature Date Additional Owner or Agent Name and Title ¶appl cthk)(Please Friar) Additional O wner or Agent Signature fnpp1icab1) Date For City UscMitIgation Plan Approved By CL 'Police Department / Title Date )f lldjll^ - - tandards Department I Title Dte Page 3 Type IV Mitigation Plan Rev 114611 City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk a44w,^^ SUBJECT: Type IV 6-Month Provisional Rental License for 4207 Winchester Lane Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 4207 Winchester Lane. 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 eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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: 09-15-2014 The Owner, Gena Gaal, applied for renewal of the rental dwelling license for 4207 Winchester Lane, a single family dwelling. 10-08-2014 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 11-19-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-30-2014 The previous rental license expired. 12-01-2014 The property was posted as unlicensed. j'Jjssjo,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-04-2014 A third inspection was conducted and passed. 12-05-2014 The $100 reinspection fee was paid. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-07-2015 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. 1.6. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-02-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-177 2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not , more than 4 Type III — 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV —6 Months 1-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 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 734 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people am! preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway nrooktn Center) MN 543-2199 Phone; ?6-33OO TTY 711 Fax: 76359-33 www.cftyofbrcxk)yncentef.ofg Rental License Mitigation !Jan—Type IV Rental License HairdwriEtinpans wit! ,wt be accep/eL Fkae type iw ure fllfr2ilefi tin aø City wthsft 14) iad on proprty conditions aiidJorva1idatd police nuisance inddent&, the Oosv iefcrenccd property qualifies for a Type 1V Rental Ucenae. Wore your license appliealioii aii be considered by the City Council, a Mitigation Plan rawt be completed sn4l reviewedby City slafE A ihily completed Mitigation Plan must be ubinhid immediately to ensure timely ctsnpkfion of the license applicadon process. The MWgatkn Plan should indicate the steps being taken to correct identified vbitions and the measures that will he taken to usux ongoing conip1iac with City inanes and applicable Codes. The Mitigation Plan provides an opotwity to review property eneen and idenU.Qy poib1c solutions to improve the overall condiiotts aed maoagemeat M the property. NOTICE: Time is Rimming Out—You rnuatTAJCE ACnON NOW in order to me-,:t all the city ordinance and Mitigation Plan reqw1ements within this *vending license period and avoid legal actions. &chan ReguiriDuciuniits " Submit the following documents 'with the Mitigation Plan for npptiw*1 I.",. i Crime Free Housing Program Training Certificate (ifoompleted. if not complete please iictuJe c1mned date in Sectioa C.I U 2.Copy of Lease including Minncsot Crime Ftce Housing Lease MdendiinitIi? I .Submit written report by 100 of each month (alter license approval). SètiiiC— Crime Free ILouing Prognm Rqufronieuts -Phase "•I .Uewduien lease including e e'Freo Hol stng Lease Addemiduri. 4 V (2.Conduct criminal background check for all prospective tenants. Provide cIoeuniettation to City if ___requestedI J .Pursue the eviction of tenants who violate the terms of the lease or any aldLtmn. P;wp 1 Tv N Mitn Plan RAU 1 1-1 i;-1 1 M4, Attend Lily appmved eih hnff Crine Fr Housag etst. ç3) \\i Date. Caiiiplcied,, o Date Ct.e S1ic:dnkd: - Ph ase \ \Ci-mpleta Sceary Aen and btipkrneni 11 security riipr'efl1eflls rec me11!Jd by th\ BrokJvn Ccnter PiJice DepaetTnnt.IPDateScheduled: 02103/2015 Tmprenient to eoinpIthd by: Phoge UI T will utcend a rnkiimum oV5VA of die ARM me-etngs (Lwu). I will ?i4 the ARM meetings ,cchedukd tnr 122O1 __________ & O5iiO15 no tlinae two 111COLi1g thiie oc urbeftiro ih& kJdhg eIVL1ejse expi1icn daW?901 Yea El No (SS#o,iiJ)11no,yni will only he !qvtIify for aTyp IN! Rental insnpon rca1. I will have ,,r repeal code Iii0lations prevoIy docijnentcd witlthi the pair year. Frjn-iprflr.s with frntr or more wilts: I will eootluet r idettl tntiáig arirwally that includts ciime prrvcntion webitiquDS, I will hold mpluretident u,eeLingt. Spot tio n P - Lung Tenn CpEti I vtnnt 1iu J3t5t4 on condition and age, estimated Yeplarmckir detce arc ptovidad for common capiLal iterc. Firndng Jiontd Ie cnidered rdiiily. Hoeceer, iteniC hroken, worn oroihej-wjs iii vilMinjt prinr to the cttimatizd liotia. I tU(OIttODate Wt Replaced I Kitchen Applitnci - ----.-- .. -V--- LaLiadrv N Piti'tdin ftce i, ti• ii_____ iiii'IEWindow 2 ) -ROOF -_____ 2O'5 2014 Sinolco Alanna & Cabbri Monoxidu Alarms 12ru ll ,014 1212015 Other(s) - - Sedion ESteps to Improw MRflgernefl and LonthtnfPi-opiy Iniplumnting the fQllovilng best practices niay asejat in the managcmctit ofyour property, i?c dirckhrg the haxE5ZieIowpou a Oar tLZ] I Cheek lit with. Feoants erecy30 dtys, IE2J2. Drive by pwpctty to dicek rci vjnlatjoita twice Rt Mit tt'iii tIi?1 Pu 11-I t-1 I I3 Evict tenants in violation of tle lea-ce and all adedunis. 4. Provide lawn/snow service V S. Provide garbage scrvia. 6.Tnta1l secity system - 7.Provide maintananca acrviec plan frappliat1ces Name afservicc I L.iI s. am and will remain curtent on payment of utility tees, taxes, ass mMents, fines penalties and other Thiancial <iahts due to the City.11iii . Other(s) Please tead thoroughly. If the To W Rental Linetise is appro ved by the City Counci], the Licensee irniSt comply with the approved 14i1iation Plan and all applicable city codas. No Iatcrthallthc 16' of each calendar niojitli, the licensee must subrnitio the Build leg and Community Standards Department awritten report describing all steps taken to comply with the Mitigation Plan. I verify that all inibrmatioii provided above is tine and accurate, 1 understand that ifl do not comply with an approved m ifigatt on Plan, comply with all applicable ordimnces within the license peñod, or operate byoud the license expiration data; enforcement actions such as citations, forran] complaint or license review may result Abdirahin Mohamed manager wncr or Agent Name and Title (Please fiiat)W^W o Owrie Date Additional Owcr or Agent Name and Tidc(jfappl(cabte) (Please Ptht) Additional OtirAent igannire (1/applicable) For City Uiz-Mit1 Piso Appro'uid 13y6: . 1lice 4 Department I Title - -GaOdy S.: dird Department/ Title Date Date Tunp l'IJ MIf1ãIkiri PIin RF v 114 6-1-1 City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JW* 46^q SUBJECT: Type IV 6-Month Provisional Rental License for 4407 66th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4407 66 th 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 license was a Type IV Rental License issued on October 14, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license 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. Staff is recommending approval of the 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: 10-22-2014 The owner, Sarah Bateman, applied for renewal of the rental dwelling license for 4407 66 th Ave N, a single family dwelling. 11-12-2014 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-19-2014 A second inspection was conducted and passed. 12-31-2014 The previous Type IV Rental License expired. 01-07-2015 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. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-03-2015 A Mitigation Plan was submitted. 02-15-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: If approved, after six months, a new rental license is required. The license process will begin in approximately immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust COUNCIL ITEM MEMORANDUM 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. 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 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) I Type 1-3 Year 1-2 units 0-1 Type 11-2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes No Category 1-2 0-1 Impact 3-4 umts O-0.25 5or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 4407 66t1 Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4407 66TH AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4407 66' Ave N, was issued a Type IV Rental License on October 14, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) 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 to 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 Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 4407 66th Ave N, Brooklyn Center, MN. February 23, 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 Pp 601 Shingle Creek Parkway 4 Brooklyn Center, MN SS430-2199 \ Rental License Mitigation Plan--Type W Rental tfandwritten plans will not be accepted. Please type or use fl//able form on 711 V ., Section A— Property Inform Property Address:4407 66thSCN. Brooklyn Center, MN Owner NEIII Sarah Bateman Local Agent: Owner Address: - 20 France AS, Edina MN 55410 Agent Address: Oer Phone: 9 52486370 Agent Phone: Owner Email: sarah bateman vantage-inc.corn Agent Email: Rental License: [] New 7N Renewal, Current License Expiration Date: 17-1:31 )1-014, :'Pending TypoType IV Licne Exp. Date:? I ) / '2-01 ithsfroni current lkeiise rpirLztion) Based an property conditions and/or validated police nuisance incidents, the above referenced property qualifiez for a Type TV Rental Licengc. 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 miist be ,submitted immediately to ensure timLly completion of the license application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the meanurs that will be taken to tnorna compliance with City Ordinancei mid 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. NcYr1cE Time 15 Running Out—You must TAXB ACTION NOW in order to meet all the 'city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions Section B— Required Documents - Sub mitthe following do' eument ith the Mitigation Plait for approval 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled dare in Section C. EJLi 2. Copy of Lease including Minnesota Crime Free. Housing Lease Addendum Subrnt written report by 10 of each month (after license approval). Section c- Crime Free Rousing Program Requirements -' 1. Use written lease inc1udin' Crime free Housing Lease Addendum. Conduct criminal background check for all prospective lenants. Provide documentation to City if quested. 3 Pursue the eviction of tenants who violate the temis of the lease or any addcndums. Page 1 Type IV Mitigation Plan Rev 1146-11 4. Attend City approvcd agIit hour courEe Date Course Completed; 1 IY Dae Course Scheduled: Complete Security Asessnient and implement all security improvements recommended by the Brooklyn Center Police Department. i Date Scheduled: Improvements to be completed by: ( Iq - Phase £11f7,71 I will attend i minimum of 50% of the ARM rnceip (twp) i M I will attend the ARM meetings scheduled for ' & 10 (11eae two meeting dates occur before the *Pending Type JVLcense expiration date?4 es 0 No Section A) If no you will only be able to qualify for a Type IV Rental License upon renewal. LJ I will have no repeat code violations prcviously documented within the past year. FDr proli enies with four or ii:ore units: L-Q I will conduct resident training annually that includes crime prevention techniques. I I Iwill hold Based on condition and age, estinated replacement dates are provided for conirnon capital itern. Funding should be considered accordingly. Ilowever, items broken, worn or otherwise in violation prior to the estimated retlaeement date will reciujre earlier corrections, Date Last Replaced Estimated Replacement Date Furnace/AC-- don't know 2040 Water Heater-dnt know-2020 Kitchen Appliances--don't knr -2025 Laundry Appliances-none -. none Exterior -Paint/Siding, fascia trim -Windows -Roof - 2018 know 2050 don't know 200 -Fcnce______________________________________don't know - 2060 .-Shed___________________________________ -Garage - -- -Driveway_ -Sidewalks Smoke Alarms & Carbon Monoxide Alarms- none don't know 2090 don't know 2090 none - 2014 2018 Qth!r(s)I Implementing the following best practices may assist in the management of your property. lip ch ing the boxes below, Y-011 agree to:11 7ULi- L 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 11-16-11 • Evict tenants in violation of the lease and all addendums. lawnfw service, 5 Provide garbage service. IL,____!1, Install security system. 7. oViAe itentmce service plan for appliances. Name of service .ODS, I am and will remain Current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.11 1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I O of each calendar month, the licensee must submit to the Building and community Standards Department a written report dvscrihiug all steps taken to comply with the Mitigation Plan. I veri6i that all information provided above i5 truC and accurate, I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the I iconse period, or operate beyond the license expiration date enforcement actions such as citations, formal complaint or lirp.ngp. rp,iew may result. 77471 Owner or Agent Name and Tit((Please Priat - - Owner or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print,) Additional Owner or Agent Signature ((iapplicabk') Date Fr Ukty c3.4'' iiieiIin PIu Aprtad By: Police Department / Title Date Buil urn unity Standards Department /Title We Page 3 Type IV Mitigation Plan Rev li-IG-li City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 507 69th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 507 69th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on August 12, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on zero (0) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 11-18-2014 The owner, Outreach Six Acres, Inc., applied for renewal of the rental dwelling license for 507 691h1 Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-17-2014 An initial rental license inspection was conducted. Zero property code violations were cited, see attached rental criteria. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-07-2015 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. 01-31-2015 The previous Type IV Rental License expired. 02-02-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-02-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld February 23, 2015. Prior Type IV Rental License approval activities: 04-07-2014 The Owner, Mary Tj osvold, applied for renewal of the rental dwelling license for 507 69th Ave N, a single family dwelling. 04-21-2014 An initial rental inspection was conducted. 13 property code violations were cited, see attached rental criteria. 05-23-2014 A second rental inspection was conducted and passed. 06-03-2014 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. 06-27-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-18-2014 A Mitigation Plan was submitted. 07-23-2014 The Mitigation Plan was finalized. 07-31-2014 The previous rental license expired. 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 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: 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 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. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust COUNCIL ITEM MEMORANDUM 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of UnitsValidated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than I but not more than 3 Category 34-units Greater than 0.25 but not more than J 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 - Resolution Approving a Type IV Rental License for 507 69 Ave N Mission: Ensuring an attractive, clean, safe, inclusive coinnwnity 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 507 69 ' AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 507 69 th Ave N, was issued a Type IV Rental License on August 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 Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 507 69th Ave 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 507 69th Ave N, Brooklyn Center, MN. February 23, 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: 7A'qOO,TTY /J' 6301 Shingle Cteek Parkway Fo-5&36O \Brooklyn Canter, MN55430-2199 mm.city rook center orgi \.i "N Rental License Mitigation Plan—Type 1V Rental License N 'N xi 4 Hanthvrjffen plems will n o be liCceplcd. Please sjpe ov :rrefihlabkferii: on City u'e!'siie. \\ Section A—Prflperty Information - Propr1y Address: 507 69th Avenue North 0 0utreach Six Acres, mc, Local Agent: Kim Noel OwncrAddresg - Agent Address: ICSt 110th Lure NW C4m tte&Je, MN 55448 1655 iiaa LwNW, ein RBpids MN £5d4 Owner Phone: (763) 754-2505 Agent'°' (763) 7542505 Ownei'Emaih NIA - Agent Email: kirnnmarytinc.com Rental License: U New [J Renewal: Current Licenre Expiration Date: Current License Exp. 01/31/2015 'Pending Type IV License Exp, Datc:l'3 l'5 Pending License Exp. 07/31/2015 iX )JIOflfhs from current !icense expirarion) VSS - Based on propeity conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type AT Rental License, Before your license application can be considered hytheCicy Council, a Mitigation Plan mint be completed and reviewed by City staff, A fully completed Mitigation Plan must besubmitted iinmetliately to en.nwe thuely ëOmplction of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and time measures that wifl be taken todnsuie oniia conmtfaiico with City Ordinances and applicable Codes, The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve time overall conditions and iltariagernant of (lie prop e rty. NOTICE -, Tinme is Running Out--You must TAKE ACTION NOW in order to meet till the city ordinance and Mitigation Plan requirements within this 'pending license period and avoid legal actions. Secttn fl— Regrnrcd Documents Submit the following documents with the MitigntioiiPlaii for nppi -ovah L ci'ime Free FlmLting Program Training Certificate (if Completed, if not eonmp]cted please include scheduled date in Section C. Pre vibe- $/)!-5 L4'71 'j- 7 C 2.Copy of Lease including Minnesota Crime Free Housing Leate Addendum 3.Submit written ip'orL by 10h1 of cacit month (after license mipprova1. Section C— Crime Free Housrng Pi ogi am Requirements iTh:e I I Use written lease. including Crime Free Musing Lease Addendum,ED 21 conduct criminal background check for all prospective tenants. Provide documentation to City if - requested.FA-70-13. Pursue the eviction of tenants'wjmo violate the tcrnis of the lease or any ticiclendunma, Page 1 Type lVMftlgatlon Plan Rev 1116-11 4. Attend City approved eight 11r3ut Crime Free 1-Leu lag oure. Date Course CornplcteU: 2/1712010 or Date course Scheduled: Complete Security AssemeiiL aiitf miplenient alt seew'[ty improveLl)eats rcinnierided by the Brooklyn Center Police Department. Dote &hcIuIec1: 712512014 Tiripiovements to be completed by: Done I will attend a minitlmm of 50 1% of the An-1a ethis (two)a will oUeiid the ARM meeting seliedulad for: 311212015 Qz 51141201 Do these twO meeting dates occur before the Fending Type IVLkemte etpira(ian date? Yes No (*See SeciioaA) If iio you will ouy be able to qualify for a Type W Ueita1 License upon rencival. '- I will have no repeat code violations previously documented withhi the past year, Fopvipeifks with Jur tir piore 1iniI.: I will conduct resident training annuaUy that includes crime picveuiou teclmiqus. 1 will hold regular resident nleethlgs. SéèfiO—.Löñg Teiiii ciijpitnl Ptau3: Based on condition and ae estimated replacement dates are provided for common capital. fliiis. Funding should be considered nceardingly, However, itCll]5 brkcn 7 woi'u or otherwim in violation prior to the estimated replacement date wilheqo[re earlier corrections. Date Last Replaced Estimated Replacemeat Date Furnace/AC- 2 tiflitS - unlcaa,in 2024 Water Heater- I unk tin known 202 RiLhen Applkinees F.lnve. Cher 2013 -2021 Lzundry Appliances. washer dlyer 20ta 2021 Exterior -Paint/Siding. faeiarim1a -\Tindivs -Roof -- - 1970 2040 1970 2040 1997 2020. -Peace -Shed NA - NA IA-Garoge ' -Driveway -SidewaUa 1970 NA 19 2020 1970 2020 Smoke Alarms & carbon MOL)OXidCAIaIThS unknown y,iennsded Sedin E Steps toimpi w e Maiagement and Condiboiis of )'ropei ty Jmpl&nentiug the following best practices may assist in the management of your property.Jy e/uddng lire boxes be/ow, you igiee to: II 'J I. Cliezkinwith teaarttseveiy30 days. II ' I 2. Drive by property to check for violationa twice a month. Page 2 Type IV Mitigation Nan Rev 114641 II ft4, Li ZILJ 6.[vp. Mg. Evict tenants in violation of the lease and all addenditms, Provide lawn/snow service Provide garbage service Install security system. Provide illaintenance service plan for appliances. Mania of Service: Co M-,i CA4 F1u Crqo'k E!r5 I am mid will remain curFeut on payment oftflility feci, taxe, assessments, fines, penalties aod olir finaiicil claims due to the Ciiy. P Other(s): Pkae read tbonughlyx If (he Type IV Rental License is proved by (he City Council, the Licensee niiis comply with the approved Mitigation Plan and all appl ieabIe city codes. We later than the IO of each ca1cndr nionth, the licensee musttibniit 10 the Building and Comm iity Standards Deparitucat t wr[tcn report describing all steps taken thcomply with th0 Mi t1gotioll Plan. I verify that all information provided above is true and accurate, I understand that if do not comply wLth an approved Mitigation Plan, comply with all applicable oidiimnees within Ihe license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Kim Neal, Director of Housing Oxvncr or Agent Name and Ti lie (Pletys7e Prine) 1/30/15 Owner or Agent Sigttituie Date Add itioiiI Owaci or Acnt Nme mid Tide afipplicübk) (Please 1'jh) AddiIonat Ownc oi'Agent ig1latLLm (fapplicthk) bate - For City Use—ME'gadon Phut Approved By: , J'A nuleAc75TI 46 Avn 4-- olice Depanitient / Title Bull ' otinnunityS mid da Department/Title- Dat Page 3 Type IV Mltiation Plan Rev 114611 City Council Agenda Item No. lOa #7 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6007 Girard 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 6007 Girard 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 license was a Type IV Rental License issued on July 28, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on nineteen (19) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates and complete security improvements. 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.e 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: 08-25-2014 The owner, Ben Dossman, applied for renewal of the rental dwelling license for 6007 Girard Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people ind preserves the public (rust COUNCIL ITEM MEMORANDUM 09-19-2014 An initial rental license inspection was conducted. Nineteen property code violations were cited, see attached rental criteria. 10-31-2014 A second inspection was conducted and passed. 10-31-2014 The previous Type IV Rental License expired. 11-19-2014 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 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. 01-15-2015 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. 01-28-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized.. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: 01-29-2014 The Owner, Ben Dossman, applied for renewal of the rental dwelling license for 6007 Girard Ave N, a single family dwelling. 03-21-2014 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 04-21-2014 A second rental inspection was conducted and failed. 04-30-2014 The previous rental license expired. 05-06-2014 A third rental inspection was conducted and passed with a weather deferral. 05-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2014 A Mitigation Plan was submitted. 06-04-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-30-2014 The Mitigation Plan was finalized. 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 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. 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 Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • 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 conununity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 Type 11-2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units -0-025 5 or more units 0-0.3 5 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 Categories3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6007 Girard Ave N Mission: Enstuing an attractive, clean, safe, iizclusive 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 6007 GIRARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6007 Girard Ave N, 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 (19) 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 Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6007 Girard Ave N, Brooklyn Center failed to 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 6007 Girard Ave N, Brooklyn Center, MN. February 23, 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 u Brooklyn Center //i Pnone: 7&3-SS9-.?.00 TrY 711 Fox: 763-5-3350 601 Shingle Creek Par Way -,kw ww.citofbrooYh1t't 01T1Brooklyn Center, MM 55430-219q i7 Rental License MitigiOfl plan--Type , IV 15 License ilaudwritfrn plans will not be acceplex-plexie typte orh%ejiJ/Tbl7J0rm on city webs lee. Section APryInforn1ati(L .. lropertyMdzcs.: 6001 Girard Avenue North OWrNameBen Dossman Local Agent: Owner Address: Agent Address: D7I P, .rnj (I. Lx* rji. IAN SWA OWThr Phon:61 2-61 8-0810 AgentPhone: Owner AgaritEnuilL Rental LicThcUN 11 R cnewa 1 Cur;cntLkCJ5CLP1tatdl "C 1Pcii1ing Type IV LICCOF.e Thp. Date:_ cj/;41 IVY' mm:i.v froIA current license erp:ra ...• Based onproperty'condittons and/or validated police nuisance incident,", the above referenced property qtnthfles for a Type PJ Rental Licensc Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully conipteted Mtttgatlon Plan must be submitted immediately to ensure tirndy corriplettoti of the lLcense appiLcatioui process The Mitigation Plan should indicate the steps being taken to correct idcuituiled violations and the measures that will be taken to enawp ongoug compliance, with City Ordinances and applicable Codes The Mitigation Plan provides an Opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE-. eTim is Running Out.-You must TAKE ACUON NOW in order to meet all the city ordinance and Mitigation Plan rcuiremeots ithln this *pcudülg license, period and avoid legal. actions. S ecti on B— Requiretl tJocurnerns Submit the following doctinielits wIth the Mitigation Plait fQr approval: I. CrimiFree Housing Program Training Certificate (if completed if not completed plense include__( scheduled date In Section C. . Copy of Lease including Minne sota Crime Free Housing Lease Mtdendwnn I' . Subniit written report by 10° ofach month (after license approval). adiloit C— Crime Free - - _ 1 Use written lease including Crime Free housing Lease Addendum.Vr,2 Conduct criminal background check for all prospective tenants Pnavude documentation to City if - requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any ddenditiuiS.. Page 1 Type IV Mitigation Plan Rev 114641 v I- Attend City approved eight hour crime Free Housing course. Pate Couire Completed; Aucu d *00 or Date Course Scheduled: Phase 11 [ I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 413012014 Improvements to be completed by; Phase 111I v lIwill attend minimum ofSO%of the ARM rneetings (two). I will attend the ARM meetings 4chcdulcd for: july & sepkniber Do these two meeting dates occur before the Vending 7)'pelYReezise expiration date Yes (*Sag Seio,i A) If nn you will only he able to qualify for a Type IV Rental Ucees on renewal. EZD I will have no repeat code violations previously documented within the past year. Forpries with four or more uniis I will conduct rniidtnt lzaiuhig urintilIy Lht i hdee orime prevention technique--. I will hold regular resident meetings. Section I) — Long Term Capitul Improvements P'an Based on condition and age, estimated replacement dates are provided for omition capital items. Funding should be considered accordingly. However, items broken worn orodierwise in violation prior to the estimated placement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC 212010 20 years Water Healer 91200$10 years Kitchen Appliances- --412008 Laundry Appliance-312012 3yars Bcterior --. -paint/Siding, fascia, trim 612011-lo yam some new some old Sliaye-Windows -Roof ioes -Fence unsure--ijtoars - -unsure ayears -- -Garage__- -Driveway -- -Sidewalks- unsure 20 years -- unsure --20yeers unatue 20 years Smoke Alarms & Carbon Monoxide Alarms 312014 iYears Other(s) Seeüon E— Steps to ImprovManagement and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking 11e boxes below, you agree Jo: L Check- in with tenants every 30 days. - II I' 12. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 vI 3 . LJ4. II." 16. [j7. [[II Evict tenants in violation of the lease and all addeadunis. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service co.: rnlnneaseo service plus S. 1am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.II I 9. Other(s): Please read thsrough[y; If the Type IV Rental License is approved by the City Council, the License must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 6' 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 th license period, or operate beyond the license epiratiorr date; fm'cemcnt actions such as citations, formal coniplahit or license review nay result LL JOSM Owner or Agent Name and Title 'Please P 1/27/15 Owner or Acnt Signature Date Additional Owner or Agent Name and Title (jtcipplkaible) (P/ease Print) Additional Owner or Agent Signature (fppUeabfr) Dae For City I '.Mitigtion Pioii Appr&ivcd ily: lice Dpaitment / Title Date Department /Title Page 3 Type IV Mitigation Plan Rev 11-1-11 City Council Agenda Item No. lOa #8 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I" 4zt^^ SUBJECT: Type IV 6-Month Provisional Rental License for 5307 Howe Lane 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 5307 Howe Lane. 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 license was a Type IV Rental License issued on October 13, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on (4) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. 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 1-914.3 .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: 11-06-2014 The owner, Jose Villagrana, applied for renewal of the rental dwelling license for 5307 Howe Lane, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-02-2014 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 01-05-2015 A second inspection was conducted and passed. 01-21-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-21-2015 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. 02-02-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities - 06-03-2014 The Owner, Jose Antonio Villagrana, applied for renewal of the rental dwelling license for 5307 Howe La, a single family dwelling. 08-14-2014 An initial rental inspection was conducted. 18 property code violations were cited, see attached rental criteria. 07-31-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-11-2014 The $100 reinspection fee was paid. 08-14-2014 A third inspection was conducted and passed. 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-31-2014 The previous rental license expired. 09-05-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately three 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 community that enhances the quality of life for all people am! preserves the public trust COUNCIL ITEM MEMORANDUM 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousnes 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, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 l-3 Year I 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0 25 5 or more units0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 umts Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5307 Howe Lane Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5307 HOWE LANE WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5307 Howe Lane, was issued a Type IV Rental License on October 13, 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 Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5307 Howe Lane, 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 5307 Howe Lane, Brooklyn Center, MN. February 23, 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. AW City of Brooklyn Center:L 6301 Shirile creek Parkway Brooklyn Center MW 5543021 Rental License Mitigation Plan--TypeIV Rpili Handwriffen plans will not be accepted. Please type or usfi(tab) Phone: Th3 -5 59 3300 flY 711 t Fox: 763-559-3360 W Ook!yncEnter org nse\e onn snCrty web.4 S \ \ •S - N5 Section A— Property Inforintion - \ \ Property Addrcs 5307 Howe Ln Brooklyn Center Mn,55429 \\ \ '<3 Owner Name Jose A Villagrana Local Agent:- \ \4f Owner Address: 5332 80th AvB.Park Agent Address Owner Phonc:763205_1 179 Agent Phone: Owner Fmail-josevillagrana @ comcast.net Agent Email Rental License Nw Jj Renewal Current License Expiration Date 222O15 *pcadi ng Type EV License Exp. Date monIhstrain current licrn e expirarton 1 ;?, 11 qzD Based on property conditions andlor validated police nuisance incidents, the above referenced property qualifies for a Type W Rental License. Before your license apphcation can be considered by the City Council, a Mitigation Plan must be completed and rovics ed by City staff. A fully completed Mitigation Plan must be submitted nnincdtatcly to ensure timely completion of the license app) icatmn proccs The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be i*dn to ensure ongoing compliance with City Ordinances and applicable Codes The Mitigation Plan provides a opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the propert. NOTICE- Time is Running Out-You must TAKE ACTION NOW in order to niel all the city ordinance and Mitigation Plan requirements within this pendMg licciisc period and avoid legal actions. Section 11—Required Documents Submit the following docurneutt with the Mitigation Plan for approval: - Li I i Crime Free Housing Program Training Certificate (if completed if not completed, please include I 'iJi 2. scheduled date in Section C Copy óf Lease including Minnesota Crime Free Housing Lease Addendum _____ 3.Submit written report by 1 0 ôfeaóh month (after license approval), Section G- Crime Free Housing Program Requirements - Pliaci fI Use written lease including Crime Free Housing Lease Addendum [_f 2 Coridut criminal bachround check for all prospective tenants. Provide documentation to City if - I "l 3 requested. Pursue the eviction oftenants who violate the terms of the lease or any addendums Page 1 Type IV Mitigation Plan Rev 11-16-41 eight hour Crime Free Housing course- Date Course Completed: or Date Course Scheduled: Phase 11L. 1 Complete Security sessment and implement all security improvements recommended by the - Brooklyn Center Police Department- Date Scheduled- 12014 improvements to be completed owner U Phasef-7-1 I will attend a minimum of 0% of the ARM meetings two), will attend the ARM meetings scheduled for -, 3-122015 514.2015 Do these two meeting dates occur before the *Pending Type lVLkense expiration ate ? 11! Yes [J No (*See Section A) if no, you will only be able to qualify for a Type LV Rental License upon renewal. L "J I will have no repeat code violations previously documented within the pest year. For properiks with four or more raj l L_-J r will conduct resident training annually that includes crime prevention teclmiques. 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 reouire earlier corrections, Date Last Replaced Estimated Date_placement FurnacelAC-4-25-11 4-25-2021 Water Heater-10-31-06 10-31-2016 Kitchen Appliances-7-31-14 7-31-2024 Laundry Appliances-8-50-14 8-30-2024 Exterior -Paint/Siding, fascia, trim -Windows -Roof unsure 0-1-2024 unrurC 8-1-2024 unsure 7-1-2020 -Fence -Shed. - t4IA N/A -Garage -Driveway. -Sidewalks unsure 7-1-2020 uriaure 7-4-2024 NIA Smoke Alarms & Carbon Monoxide Alarms unsure 1-1-2016 Other(s) Section E - Steps to 1mrove li iantcnf and Condi(iou o Proncrtv Implementing the following best practices may assist in the management of your property. Bp iieckhsg the boxes be/ow, you izgree k II '' I i Cheek in with tenants every 30 days.If 1 I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11.16-11 Ti 1 Evict tenants in violation of the lease and all addendums.1 . Provide lawn/snow Service.I " 5 Provide garbage service. ____ 6. Install security system. Cterpoint EnerøI1 7 Provide maintenance servce plan for appliancas. Name ofservice co.:_______________________ M 8 .. I am and will remain currant on payment of utility fees, taxes, assessments, fines penalties end other financial claims due to the City.1! / I9. Other(s): Tenants promise to behave and do better - Plea se read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan a nd all appli cablc city codas. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written repot describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I u nderstand 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 capirathm date, enforcement actions such as citations, formal complaint or license review may re s ult Jose A. Villagrana Owner or Agent Name and Title (Please Print) 1-25-2015 Owner or Agent Signafure Date N/A Additional Owner or Agent Name and Title jf applicable) Pease PthQ Mditiorrnl Owner or Agent Signature (ifapplicable) - Date For l-I 41/E ____ Police Department Title Date (yrW11 J^-,p t'A Department [Title if Dat Page 3 Type lv Mitigation Plan Rev 1146.11 City Council Agenda Item No. lOa #9 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )A14J,,UAPV&_. SUBJECT: Type IV 6-Month Provisional Rental License for 7124 Indiana 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 7124 Indiana 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 license was a Type IV Rental License issued on August 25, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on seven (7) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to complete the Crime Free Housing Training. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c. requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 08-29-2014 The owner, Weyu Ademo Bekuto, applied for renewal of the rental dwelling license for 7124 Indiana Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-12-2014 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 09-25-2014 A second inspection was conducted and passed. 09-30-2014 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-30-2014 The previous Type IV Rental License expired.. 10-08-2014 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. 01-15-2015 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. 01-30-2015 A Mitigation Plan was submitted. 02-10-2015 The Mitigation Plan was finalized. 02-13-2015 A $300 Administrative Citation was issued for renting without a license. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: 03-31-2014 The previous rental license expired. 04-10-2014 The Owner, Weyu Ademo Bekuto, applied for renewal of the rental dwelling license for 7124 Indiana Ave N, a single family dwelling. 04-23-2014 An initial rental inspection was conducted. 10 property code violations were cited, see attached rental criteria. 05-30-2014 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. 07-18-2014 A Mitigation Plan was submitted. 07-30-2014 The Mitigation Plan was finalized. 08-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held August 25, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: ]'v.fissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I— 3 Year 1-2 units 0-1 3-I- units 0-035 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units - Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4-units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7124 Indiana Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7124 INDIANA AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7124 Indiana Ave N, was issued a Type IV Rental License on August 25, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type TV Rental License complete Phase 1, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 7124 Indiana Ave N, Brooklyn Center failed to complete the Crime Free Housing Training. 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 7124 Indiana Ave N, Brooklyn Center, MN. February 23, 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 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Phone: 763-569-3300 TTY 711 Fox: 7535693360 wwwc(tyafrook1yncerter.or' Rental License Mitigation Plan--Type P1 Rental License Hondnt*ien plans will not be accepted. Please type or useflulabteform on City websiIe Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for aType 1V Rental License. Before your license application can be considered by the City Council a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure onsroil).g cotimlianee with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE.- Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pendhig license period and avoid legal actions, k f.Sction B— ReqbireñL)aeuments 'c Submit the following ilocitments with the Mitigation Plan for approval. I I I i.Crime Free Housing Program Training Certificate (ifeompieted, if not completed, please include scheduled date in Section C. V"iJ 2,copy of Lease including Minnesota Crime Free Housing Lease AddendumF713.Submit written report by 10th of each month (after license approval). Section C— Cnme Free Housing Pgrarn1{eguiremènts Y. PhqeII / I I.Use written lease including Crime Free housing Lease Addendum, L v' 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I / I .Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-1-1I Free Housing course. Date Course Completed: Oubr 2014 or Date Course Scheduled Muse 11 I / j Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date S duled 27-JAN-20Z improvements to be completed by: Phase I /11 will attend a minimum of 50% ofthe ARM meetings (two). I will attend the ARM meetings scheduled for 1OV251 & 05JN42015 Do two meeting dates occur before the Pnding 2):pe IV License expiration date? Jil Yes [I] No (3e Secffirn A) If no you will only be able to qualify for a Type IV Rental Lkense upon renewal, I will have no repeat code violations previously documented within the past year. For properfles with four or more rnis: 11 will conduct resident training annually that includes crime prevention techniques.I I will hold regular res Went meetings. Based on condition and age estimated replacement dates are provided for common capital items. Funding should be considered accordingly. JTowever, items broken, worn or otherwise in viol4tjo,i prior to the estimated renlacement date will recuire earlier corrections. DatesKephaced Estimated Replacement Date Furnace/AC-2003 Water Heater-2003 208 Kitchen Appliances 2010 Exterior -Paint/Siding, fascia, tdtn -Windows -Roof 200s 2010 2017 2001 2010-Fence -J/A -Shed_____________________________________ -Garage -Driveway_____________________________ SidewaIks -oia 2030Smoke Alams & Carbon Monoxide Alarms 2015 Implementing the following best practices may assist in the mnanagenlel1t of your property. By checking the buses be!oiv, yon agree to:I[1 Ii. Check it] with tenants every 30 days.F71 2. Drive by property to cheek for violations twice a month Page 2 Type IV Mitigation Plan Rev 11-16-11 if I 3. Evict tenants in violation of the lease and all addendum,IL1 4. Provide la/snow service, IwaI i. Provide garbage service. -1 . •, L1l 6 Install security system. 4 [] 7, Provide maintenance service plan for appliances. Name of service co,:_____________________ L. 8. 1 am and will remain current on payment of utility fees, taxes, assessmen(s, fines, financial claims due to the City.11111 9, Other(s): Ple ase read tJioeuughly: If tile Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan a nd all applicable city codes. No later than the 10 6 clench calendar month, the licensee must submit to the 13uilding and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan, I verify that all infbrniation provided above is tniC 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. Ovner o'r Agent Name and Title 'Pkase Pr1n.i AS Owner or Aent Signature Date Additional Owner or Agent Name and Title f appli cable) (Please PrMi, Additional Owter or Agent Signature (fapplicabk) - Date r:r (nv U .J(iIi^iIinn Rkni Apprnvcil Ry: Police Department /Title Dt 7? -I3uikliDojmmu ity ta, thirds Department/Title Date Page 3 Type IV Mitigation Plan Rev 1116 -11 City Council Agenda Item No. lOa #10 COUNCIL ITEM MEMORANDUM DATE: February 23, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6937 Unity 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 6937 Unity 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 license was a Type IV Rental License issued on May 27, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on two (2) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 08-11-2014 The owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 09-10-2014 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 09-24-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-13-2014 A third inspection was conducted and passed. However, the $100 reinspection fee is still owed. 10-31-2014 The previous Type IV Rental License expired. 11-24-2014 The property was posted as unlicensed. 12-01-2014 A $100 reinspection fee was paid. 12-01-2014 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 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. 01-15-2015 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. 01-29-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized. 02-13-2015 A $300 Administrative Citation was issued for renting without a license. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: 01-15-2014 The Owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. 0242-2014 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. 03-13-2014 A second rental inspection was scheduled and no one was on site to meet the inspector. 03-28-2014 A follow up inspection was conducted and passed. A $100 reinspection fee was charged to the property. 03-28-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 04-07-2014 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. 04-15-2014 Staff spoke on the phone with the owner regarding his concerns about his license status. 04-21-2014 A Mitigation Plan was submitted. 04-30-2014 The $100 reinspection fee was paid. 04-30-2014 The previous rental license expired. 05-07-2014 The Mitigation Plan was finalized. 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 05-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held May 27, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council, No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. - Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type II —2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but not more than 8 Type IV —6 Months 11-2 units J Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6937 Unity Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe 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 6937 UNITY AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6937 Unity Ave N, was issued a Type IV Rental License on May27, 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 Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6937 Unity Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings 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 6937 Unity Ave N, Brooklyn Center, MN. February 23, 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 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Rental License Mitigation Plan--v Handwritten plans will not be accepted. Please type 763-559-3300 TTY 711 Fax: 763-569-3360 at License forin on city website. Section .A440-ty Information Property Address: 6937 Unity Ave Owner Name: Wells Bovard -Local Agent: DeuthPropertybment,LLC Owner Address: 1340 S Robert St #201W St Paul, MN 55118 Agent Address: 1349 S Robert St 9201W St Paul, MN 55118 Owner Phone: 612.220.4581 Agent Phone: esi .341.5551 Owner Email: wabovard@yahoo.com Agent Thuail: cllrls@deythproperlymatiagetnent.com Rental License: New Renewa1: V ------- - -- Current License Expiration Date: _H[ *Pending Type IV License txp. Date: (Six mont/n from can ent !icc'ji,ce expiration) '2-0 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 be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of tile. license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing _compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property NOTICE: Time Is Running Out--You must TAKE ACTION NOW in order to mcCt all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. 840 6)1 R1 Docunlénts -: Submit the following (loenmdflis with the Mitigation Plan for approval: I_i1 1.Crime Free Housing Program Training Certificate (if completed, if not completed ) please include I/_Ii scheduled date in Section C. _2.Crime Free Housing Lease AddendumCopy of Lease including Minnesota II_II 3.Submit written report by lO of each month (after license approval). SectionC—CrimeFreeHousingrrograinPhase 1.Use written lease including Crime Free Housing Lease Addendum. I/J 2.Conduct criminal background cheek for all prospective tenants, Provide documentation to City If_requested.EV J ,Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 ) 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 13th or Date Course Scheduled: Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Completed 5113/14 Improvements to be completed by: Phase III Li II will attend a minimum of 50% of the ARM meetings (two. I will attend the ARM meetings scheduled for: March 12 & May 14 Do these two meeting dates occur before the *Pe nding 7e 1f'Liccnsc expiration dnteAN Yes 0 No (*&e Sellon 4) U HO, you will only be able to qualify for Type TV Rental License upon renewal. J I will have no repeat code violations previously documented within the past year. For piaj,rlks ivJth four or ii:orc wills: I I will conduct resident training annually that includes crime prevention techniques.I I will hold regular resident meetings. Based on condition and age, estimated replacement dales 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 renuire earlier corrections. Date Last Replaced Estimated Date_placement Furnace/AC - 2002 2022 Water Heater- 2005 2025 Kitchen Appliances-2006 2017 Laundry Appliances-2008 2018 Exterior -Paint/Siding, fascia, trim -Windows --Roof 2004 2024 boa 2028 1998 2020 --Fence 2028-Shed NA NA-Oarugo -Driveway -Sidewalks 199 -NA 1980 -1989 NA Smoke Alarms & Carbon Monoxide Alarms 2014 2016 Other(s) Implementing the following best practices may assist in the management of your property. By checing Ilie boxes belon', you agree to: L/ I I. Check in with tenants every 30 days. [ iJ 2. Drive by property to cheek for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 EIi3. J4,I '/ 15irni 6. I/ii. Evict tenants in violation of the tease and all addendwns. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service co.______________ lam and wfll iinaincui'i-ent on payment of utility fees, taxes, assessments, fines, penalties and oilierfinancial claims due to the City.IL —j 9. Other(s): Please read thoroug1ily If the Type 1V Rental License is approved by the City Council the Licensee innst comply with the approvedMitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee mustsubmit to the Building and Community Standards Department a writtCn report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I itndersind that 111 do not comply with anapproved 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 mayresult. (iulli&ld/J \Ld( or Agent Name and Title ('Please Print) or Agent DW Additional Owner or Agent Name and Title (ifapplicable,) (Please Pim9 Additional Owner or Agent Signature ('fapplicnb1e) For City J.Mii ation Plan Approved 13y: Pot icc Depatinieit I Title BuIR!0 Coiniihinity Standards Department I Title Date ;? Date ^ I / f- Me F 7 1 S. Page 3 Type IV Mitigation Plan Rev 11-1641 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: February 17, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 Recommendation: It is recommended that the City Council consider approving first reading of An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04 and setting second reading and Public Hearing for March 23, 2015. Background: At its February 9, 2015, meeting, the City Council accepted the Charter Commission recommendations to amend the City Charter. City staff was directed to prepare an ordinance amendment for consideration within 30 days of receiving the Charter Commission recommendations. Attached is an ordinance amending the City Charter. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances 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 beheld on the 23rd day of March 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 Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05a, 2.05b paragraph b, 4.06, 5.01, 6.02 Subdivision 3 paragraphs (b) and (c), and 9.04. 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 CHAPTERS 2, 4, 5, 6, AND 9 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.0513 PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND (c), AND 9.04 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.05a of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2,05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. The jcial election will sh all be held not sooner than ninety (90) ixt (fl days and not later than one two hundred twenty (120) (200) days following the occurrence of the vacancyxcept as provided in this Section and to be otherwise governed by the provisions-of Section4.03-Specia4 Elections of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. if morethan two candidates file for the unexpired tenn, a primary election shall be held. Section 2. Chapter 2, Section 2.05b, paragraph 5 of the City Charter of the City of Brooklyn Center is hereby amended as follows: 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 sh all be held not sooner than one hundred five (105) days and not later than one two hundred thirty five (135) L20 days following the occurrence of the vacancy. Except as provided in this Section and to be otherwise governed by the provisions of Section4.03, Special Elections of the City Charter, all of the provisions ORDINANCE NO. of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the unexpired term, a primary election shall be held. Section 3. Chapter 4, Section 4.06 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days between the third (3rd) and the tenth (10th)4y after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4. Chapter 5, Section 5.01 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the power, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, d to require such an ordinance when passed adopted by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Section 5. Chapter 6, Section 6.02, Subdivision 3, paragraph (b) of the City Charter of the City of Brooklyn Center is hereby amended as follows: (b) The Fire Chief shall be appointed from the members of the Fire Departmeit Procedures fer the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. Section 6. Chapter 6, Section 6.02, Subdivision 3, paragraph (c) of the City Charter of the City of Brooklyn Center is hereby amended as follows: ierit and fitn ORDINANCE NO. Section 7. Chapter 9, Section 9.04 of the City Charter of the City of Brooklyn Center is 'hereby amended as follows: Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before -entry of judgment if-an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Section 8. This ordinance shall be effective after adoption and ninety (90) 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.) COUNCIL ITEM•MEMORANDUM DATE: February 5, 2015 TO: I City Council FROM: Curt Boginey, City Manage SUBJECT: City Charter Amendments Recommendation: It is recommended that the City Council receive the revised Charter Commission amendment recommendations and consider directing staff to prepare a suitable ordinance for your consideration. Background: On November 10th 2014 the City Council received a set of recommended amendments to the City Charter. Most of these amendments were developed by staff and approved by the City Council in January of 2013 in response to a request for suggestions from the Charter Commission. Following a rather lengthy discussion (minute transcripts enclosed) the City Council voted to receive the recommended changes from the Commission. At the direction of the Council following the meeting, staff and attorney communicated with the Charter Commission Chair, requesting clarification based on concerns that were discussed at the Council meeting. The City attorney drafted a charter amendment submittal format, suggesting that this new format would clarify the intent of the Commission and would be consistent with the Rules of Procedure adopted by the Commission. The Charter Commission met and adopted for approval the attached seven amendments to the City Charter. They have prepared them in accordance with the method suggested by the City Attorney. They have been transmitted in a clear and cogent manner that satisfies the Charter Commission Rules of Procedure. Staff has reviewed the seven amendments and does not anticipate any administrative difficulties that would flow from their adoption. In fact staff supports the proposed City Charter changes. Under Minnesota Statutes 2014, Section 410.12, Subdivision 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the Council we will prepare an ordinance for consideration with 30 days of Council receiving these recommendations. Adoption of said ordinance requires a unanimous approval of all Council members to become effective. Budget Issues: There are no budget issues to consider. uission: Ensuring an attractive, clean, xqje, inclusive community that enhances the quality of life for all people and preserves the public trust BROOKLYN CENTER HOME RULE CHARTER COMMISSION January 18th 2015 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Mr. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission's Rules of Procedures ("Rules"). Each of the recommended amendments was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission's reasons behind the recommended amendments. Sincerely, Mark Goodell Chairperson Enclosure - Recommended Amendments #1 through #7 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines is appropriate. Recommended Amendment #1 Chapter 2, Section 2.05a of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the Council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. The special election will- shall be held not sooner than ninety (90) sixty (60) days and not later than one two hundred twenty (120) (200) days following the occurrence of the vacancy. Except as provided in this Section and to be otherwise governed by the provisions of Section4.03, Special Elections of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the unexpired term, a primary election shall be held. Recommended Amendment #2 Chapter 2, Section 2.05b, paragraph 5 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: 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 shall be held not sooner than one hundred five (105) days and not later than one two hundred thirty five (135) (200) days following the occurrence of the vacancy. Except as provided in this Section and to be otherwise governed by the provisions of Section4.03, Special Elections of the City Charter, all of the nrovisions of the Minnesota election law are applicable to the election as far as practicable. If more than two candidates file for the unexpired term, a primary election shall be held. Recommended Amendment #3 Chapter 4, Section 4.06 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns within five (5) days between the third (3rd and the tenth (10th' day after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Recommended Amendment #4 Chapter 5, Section 5.01 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlind, material as follows: Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the powers, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to require sueh an ordinance when passed adopted by the Council to be referred to the registered voters for approval or disapproval. These powers shall be called the initiative and referendum. Recommended Amendment #5 Chapter 6, Section 6.02, Subdivision 3, paragraph (b) of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: (b) The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. Recommended Amendment #6 Chapter 6, Section 6.02, Subdivision 3, paragraph (c) of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: ,r-it and fitnes Recommended Amendment #7 Chapter 9, Section 9.04 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material as follows: Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prier to the epiratien of the time for an appeal or before entry efjudgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Each of these recommended amendments was accepted by a 2I3rds affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(l) of the Charter Commission's Rules of Procedures. The recommended amendments contained herein replace the recommended amendments on the same subjects previously communicated to the City, which are hereby withdrawn. Submitted to the City this 18th day of January 2015. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. MINNESOTA STATUTES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall. be signed by qualified voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000 whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of (Minnesota Statutes 410.12) subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to filing of such ordinance when approved by the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be heldthereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. City of Brooklyn Center -13- City Charter Last revised 1210412008 MINNESOTA STATUTES 2014 410.12 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioners signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: Stateof .........................................................) ) Countyof .....................................................) .......being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed ............................ (Signature of Circulator) Subscribed and sworn to before me this ....... day of ...... ....... Notary Public (or other officer) authorized to administer oaths Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.12 MINNESOTA STATUTES 2014 2 The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the ity council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2014 410.12 • Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027s 3; 1973 c 503 s 14; 1986c 444, 1998 c 254 art 1 s107; 1999c132s42;2005c93s1,2008c331s7;2010c184s43 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5508 FREMONT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5508 Fremont 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. TRANSMITTING CHARTER COMMISSION RECOMMENDATIONS TO DISCUSS PROVISION OF CITY CHARTER City Manager Curt Boganey introduced the item and stated that proposed City Charter amendments were prepared by the Charter Commission for the City Council's review and consideration. Councilmember Ryan thanked Mr. Boganey and City staff for continuing to communicate the Charter Commission's recommendations to the City Council. He expressed his support of the recommendations. Mayor Willson stated the Charter Commission made previous recommendations that conflict with the current proposed recommended changes. He added the City Council has a 30-day window in which to request clarification from the Charter Commission and take action on its recommendations. Mr. B oganey agreed. Councilmember Ryan stated the City Council may approve new Charter language by unanimous vote. He added Councilmember IKieven suffered a serious injury in August, and is still in recovery. He asked, in the absence of Councilmember Kieven, whether a vote could be considered unanimous if a City Councilmember is absent due to injury. City Attorney Troy Gilchrist stated language in statute typically refers to a unanimous vote of the City Council, and a majority of quorum is required. Mayor Willson stated the newly elected City Councilmember should be involved in the discussion and subsequent action in 2015. He requested that City staff contact the Charter Commission and request additional information and clarification. Mr. Boganey stated the City Council should only consider the Charter amendments referenced in the Council packet for this evening's meeting. He added City staff is reviewing some of the proposed amendments to determine whether they are comprehensive, and also whether they can be addressed as separate actions. Mayor Willson stated the City Council should determine 11/10/14 -4- whether they will consider any or all amendments to the City Charter, Mr. Gilchrist stated he believes the amendments should be considered as one action, but he agreed to research precedents for other possible interpretations. Mr. Boganey stated City staff will consider the options available to the City Council with regard to the amendments if they adopt the recommendations at tonight's meeting. Mayor Willson requested that Mr. Gilchrist provide additional legal information for the City Council's review. Mr. Gilchrist agreed. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Charter Commission recommended changes to the City Charter related to Sections 9.04, 5.01, and Section 6.02. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 6, 2014, Lions Club Monthly Dinner, held at Boulevard Hotel • November 8, 2014, West African Ebola Task Force Meeting held at Community Center • November 13, 2014, will attend Neighborhood Watch Captain's Appreciation Dinner held at Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2014, visited Open Houses at 5401 Queen Avenue North and 5651 Dupont Avenue North, homes remodeled through the Federal Neighborhood Stabilization Program • November 4, 2014, voted at her community polling place - expressed the importance of Election Night as a special and exciting community event, especially since voter turn-out was low • November 5, 2014, helped build raised garden beds in Evergreen Park Community Gardens as part of a community grant program • November 7, 2014, CEAP Board meeting • Councilmember Myszkowski expressed Councilmember Kleven' s disappointment at not being able to attend this evening's meeting. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 3, 2014, Brooklyn Center Business Association Board Meeting • November 4, 2014, Election Day events with her husband and daughter who turned 18 that day and voted for the first time • November 9, 2014, events at Cross of Glory Church • November 11, 2014, will visit Odyssey Academy fifth grade classes 11/10/14 -5- AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 23, 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. Surface Water Management Plan Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Highway 252 Update 2.E-Cigarettes in Public Places 3.Sister City Voinjama Visit Update 4.Paperless Packets Report Work Session Agenda Item No. 1 MEMORANDUM COUNCIL WORK SESSION DATE: February 17, 2015 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer TOUGH: Steve Lillehaug, Director of Public Works/City Engineer 5J SUBJECT: Surface Water Management Plan Update Recommendation: It is recommended that the City Council consider the Brooklyn Center Surface Water Management Plan update and needed Ordinance revisions in accordance with State and Minnesota Pollution Control Agency plan and permit requirements. Background: The Shingle Creek and West Mississippi Watershed Management Commissions updated its water management plan on April 15, 2013. In accordance with State statue, the City is required to update the City's Surface Water Management Plan (SWMP) within two years of an updated plan by its Watershed. This required update will be the third generation of the City's plan and builds on the original plan dated 1997, which was updated in 2006. The SWMP provides a framework for surface water management to protect water quality, aids in understanding areas to reduce flooding, addresses storm water issue areas, outlines an implementation plan for education, studies, programs and capital improvements, and meets local and state requirements Clean Water Act requirements. WSB and Associates, Inc. was hired by the City to update the SWMP and to create a hydraulic storm water model of the City's system to better understand and assist in storm water infrastructure planning. As part of the City's inclusion priorities, a public meeting was held in October 2014 to inform the public and take public comments on the SWMP. The attached draft SWMP has been updated and prepared to meet all regulatory requirements and guidelines. The draft SWMP has been submitted to the Watershed and Met Council for a 60 day review period. Public comment is also being solicited concurrently with this review period. Additionally, a summary has been provided that outlines the changes and updates contained within the draft SWIVIIP as compared to earlier versions. As part of the plan update and reauthorization of the City's municipal storm water permit, the Minnesota Pollution Control Agency (MIPCA) has identified several items in the City's Ordinances that require revisions to incorporate certain controls to ensure proper erosion and sediment control and protection. Draft Ordinance revisions are currently being prepared to address these requirements and will be presented for official adoption by April 15, 2015. Policy Issues: Does the Surface Water Management Plan support the environmental strategic priorities of the City? Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive contnwnit v that enhances the quality of life for all people and preserves die pa b/ic trust city of MEMORANDUM BROOKLYN (CENTER DATE: February 19, 2015 TO: Curt Boganey, Cit y Manager FROM: Steve Lillehaug, City Engineer/Director of Public Works S SUBJECT: Summary of Key 2015 Surface Water Management Plan Updates The following are key components and updates to the City of Brooklyn Center's 2015 Surface Water Management Plan (SWMP) Update: 1, Watershed Rules and Standards - The City's SWMP update incorporates the recently updated rules and standards of the Third Generation Shingle Creek and West Mississippi Watershed Management Plan. The Watershed's plan, which was updated in 2013, includes rules and standards that the City has been required to follow, meet and enforce subsequent to the adoption by the Watershed. Incorporating the current Watershed rules and standards by reference formalizes the City's requirement to update its plan to include equal or more restrictive rules and standards. There were no goals or issues that were identified that needed to be addressed that would require more restrictive rules or standards by the City of Brooklyn Center. 2.Assessment of Issues (Section 4 of the SWMP) - An assessment was performed to identify Citywide surface water issues and to document potential future corrective actions to address the identified issues. 3.Implementation Plan (Section 6 of the SWMP) - An implementation plan for activities, projects and programs was developed for the subsequent 15-year period. The implementation plan includes required and needed measures to address goals, requirements and issues and includes the following: planned Capital Improvement Projects (CIP) already included in the current City's budget and several new projects that will need to be added to the CIP; Storm Water Pollution Prevention components as part of the City municipal permitting for storm water; routine maintenance; and other issues that need to be monitored and/or evaluated further. 4.Updated Mapping - Figures 1 through 13 provide updated mapping pertaining to surface water resources within the city. 5.Brooklyn Center's Municipal Storm Water Permitting (MS4 SWPPP Reauthorization) The City's updated Storm Water Pollution Prevention Program (SWPPP) was updated in 2013. The municipal permit for operation of the City's storm water system was reissued and is included as part of the plan. The SWPPP is reported on and updated on an annual basis. 6.Storm Water System Modelling - The City's storm sewer system is being modelled to assist in evaluating storm water issues, designing new systems and to assist with future development planning. 7.Floodplain and Grading/Erosion Control Ordinances Update - As part of the SWPPP requirements enforced by the Minnesota Pollution Control Agency, the City's floodplain and grading/erosion control Ordinances must be updated to reflect new rules, standards and guidelines. The required Ordinance revisions will be provided at a future date for Council's consideration. The updated Ordinances will be included as part of the plan by reference. M1 "AITWIVIL11114- "T., CITY OF BROOKLYN CENTER, MINNESOTA Adopted: _,2015 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) Surface Water Management Plan City of Brooldyn Center WSB Project No. 1910-030 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Jacob Newhall, PE Reg. No. 49170 Surface Water Management Plan City of Brooklyn Center WSB Project No, 1910-030 CERTIFICATION TABLE OF CONTENTS Title Page Certification Table of Contents SECTION 1: EXECUTIVE SUMMARY SECTION 2: LAND AND WATER RESOURCE INVENTORY SECTION 3: AGENCY COOPERATION SECTION 4: ASSESSMENT OF PROBLEMS AND ISSUES SECTION 5: GOALS AND POLICIES SECTION 6: IMPLEMENTATION PROGRAM LIST OF APPENDICES Appendix A - Figures Figure I: Location Map Figure 2: Existing Land Use Map Figure 3: Proposed Land Use Map Figure 4: Subwatersheds Map Figure 5: National Wetlands Inventory & DNR Lakes Map Figure 6: Soils Map Figure 7: Identified Problem Areas Map Figure 8: Floodplain Map Figure 9: Water Quality Monitoring Map Figure 10: Minnesota Land Cover Classification System (MLCCS) Map Figure 11: Pollutant Sources Map Figure 12: Ground Water Appropriations Map Figure 13: Watershed Management Organization Boundaries Appendix B - MS4 SWPPP Application for Reauthorization and BMP Sheets Appendix C Shingle Creek and West Mississippi Watershed Commissions Rules and Standards Appendix D - Floodplain and Grading/Erosion Control Ordinances Appendix E - Water Quality Monitoring Data Appendix F - FEMA LOMR Appendix G - No Wake Policy Appendix H - Street Sweeping Policy Appendix I - Wetland Functions and Values Report Appendix J - Storm Water Modeling Report (2015) Surface Water Management Plan City of Brooklyn Center WSB Project No. 1910-030 Table of Contents TABLE OF CONTENTS Appendix K - TMDLs Appendix L - SWAMP Surface Water Management Plan City of Brooklyn Center WSB Project No. 1910-030 Table of Contents SECTION 1 1. EXECUTIVE SUMMARY .1. Surface Water Management Plan Purposes The City of Brooklyn Center's Surface Water Management Plan (plan, SWMP, City plan, local plan) is a local management plan that meets the requirements of Minnesota Statutes 103B.23 5, Minnesota Rules 8410, the Shingle Creek and West Mississippi Watershed Management Commissions' Third Generation Watershed Management Plan ('dated April 11, 2013, as amended July 11, 2013), and Minnesota Statute 10313.201 states that the purposes of the water management programs are to: • Protect, preserve, and use natural surface and groundwater storage and retention systems; • Minimize public capital expenditures needed to correct flooding and water quality problems; • Identify and plan for means to effectively protect and improve surface and groundwater quality; • Establish more uniform local policies and official controls for surface and groundwater management; • Prevent erosion of soil into surface water systems; • Promote groundwater recharge; • Protect and enhance fish and wildlife habitat and water recreational facilities; and • Secure the other benefits associated with the proper management of surface and groundwater. The Brooklyn Center Surface Water Management Plan addresses these purposes. 1.2. Surface Water Management Responsibilities and Related Agreements The City of Brooklyn Center is party to two separate joint powers agreements related to surface water management: 1.With the cities of Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale establishing the Shingle Creek Watershed Management Commission. 2.With the cities of Brooklyn Park, Champlin, Maple Grove, and Osseo establishing the West Mississippi Watershed Management Commission. The City also has an agreement with both the Shingle Creek Watershed Management Commission and West Mississippi Watershed Management Commission establishing the watersheds as the Local Government Unit for administering WCA within the City. Upon approval of this SWMP by the two watersheds with jurisdiction over the City, it is the City's intent to maintain its current permitting powers through its Permit for Land Disturbing Activities. Currently, the Shingle Creek and West Mississippi Watershed Management Commissions do not issue permits, so no impact to these organizations would occur. The watersheds would continue in Surface Water Management Plan City of Brooklyn Center Section 1 WSB Project No. 1910-030 Page-1 SECTION 1 their role as project review agencies. The City of Brooklyn Center is responsible for construction, maintenance, and operation of the City's stormwater management systems (i.e., ponds, BMP, mechanical structures, sump manholes, pipes, channels) in accordance with its MS4 Permit. 1.3. Executive Summary The Brooklyn Center Surface Water Management Plan is divided into six sections: • Section 1.0 Executive Summrny provides background information and summarizes the plan contents. • Section 2.0 Land and Water Resource Inventory presents information about the topography, geology, groundwater, soils, land use, public utilities, surface waters, hydrologic system and data, and the drainage system. • Section 3.0 Agency cooperation describes the City's ordinances and other governmental controls and programs that affect water management. • Section 4.0 Assessment of Problems and Issues presents the City's water management related problems and issues. • Section 5.0 Goals and Policies outlines the City's goals and policies pertaining to water management. • Section 6.0 Implementation Program presents the implementation program for the City of Brooklyn Center, which includes defining responsibilities, prioritizing, and listing the program elements. 1.3.1. Background This report provides the City of Brooklyn Center with a Surface Water Management Plan that serves as a guide to managing the City's surface water system, and brings the City into compliance with Minnesota Statutes. This plan is an update to the 1996 Water Management Plan (WMP). The plan will guide stormwater activities in the City for the next 10 years (2015-2024). Periodic amendment to the Plan will likely occur in the intervening 10 years so that the Plan remains current to watershed plan amendments and Metropolitan Council requirements. The City of Brooklyn Center (population 30,104) is located in Hennepin County in the seven county Twin Cities metropolitan area, approximately 6 miles northwest of downtown Minneapolis. The City covers approximately 8.5 square miles. Brooklyn Center is a first-ring suburb located between the City of Fridley to the east, City of Crystal and City of Brooklyn Park to the west, City of Robbinsdale and City of Minneapolis to the south, and City of Brooklyn Park to the north. Brooklyn Center is within two watershed districts: Shingle Creek Watershed Management Commission (SCWMC) and West Mississippi Watershed Management Commission (WMWMC). This plan addresses the rules and regulations put forth by the SCWMC and the WMWMC. Surface Water Management Plan City of Brooklyn Center Section 1 WSB Project No. 1910-030 Page-2 SECTION 1 Surface water in Brooklyn Center generally drains into Shingle Creek which eventually drains into the Mississippi River, Areas on the east side of the City drain directly into the Mississippi River while areas in the south west side of the City drain to one of the Twin Lakes or Ryan Lake. The City of Brooklyn Center is considered fully developed. Section 2.3 of this plan discusses land use in the City. 1.3.2. Surnmaiy of Implementation Section Section 6 of this plan presents the implementation program for the City of Brooklyn Center, which includes defining responsibilities, prioritizing, and listing the program elements. Table 6.1, outlines the projects, programs, studies, and Storm Water Pollution Prevention Plan (SWPPP) activities that have been identified as a priority to address water resource needs and problem areas within the City. Surface Water Management Flan City of Brooklyn Center Section 1 WSB Project No. 1910-030 Page-3 SECTION 2 2. LAND AND WATER RESOURCE INVENTORY 2.1 Topography and Geology The City of Brooklyn Center has a relatively flat topography resulting from outwash deposited by the Des Moines Lobe, and specifically the Grantsburg sublobe, approximately 35,000 to 10,000 years ago by the late Wisconsinan glaciations. As the Grantsburg sublobe retreated westward, the Mississippi River was uncovered. Meltwater from the glacier filled the area with sand and gravel (Soil Survey of Hennepin County, Minnesota). The City of Brooklyn Center is located along the Mississippi River in northeastern Hennepin County. Most of Brooklyn Center is flat to gently rolling terrain. Fairly steep slopes occur along the Mississippi River along the east border of the City. Elevation in the City ranges from approximately 8 1 feet along the Mississippi River to approximately 870 feet along the City's western border. The City's hydrologic system is part of the Mississippi River watershed. The City resides within two watershed management organizations. The eastern portion of the City along the Mississippi River resides in the West Mississippi Watershed Management Commission. The western portion of the City resides within the Shingle Creek Watershed Management Commission. Figure 13 shows jurisdictional boundaries for the two watershed organizations within the City. The City of Brooklyn Center has contour data that cover the entire City and are based on 2011 LIEDAR (Light Detection and Ranging) data. Additional available mapping includes various development plans and the Brooklyn Center, Minnesota USGS 10-foot contour interval topographic map. Information regarding the City's surficial and bedrock geology and aquifers is available in the Hennepin County Geologic Atlas from the Minnesota Geological Survey. 2.2. Climate and Precipitation The climate within the Minneapolis/St. Paul metropolitan area is described as a humid continental climate with moderate precipitation, wide daily temperature variations, warm humid summers and cold winters. The total average annual precipitation in this area is approximately 33 inches, of which approximately one-third occurs in the months of June, July and August. The annual snowfall average is about 56 inches and is equivalent to approximately 5.6 inches of water. Additional climatological information for the area can be obtained from the Minnesota State Climatology Office at http://www.cliinate.umn.edu/. The 2-year rainfall event occurring over a 24-hour period produces approximately 2.87 inches. The 100-year rainfall event occurring over a 24-hour period produces approximately 7.36 inches, The 100-year, 10-day rainfall is 10.2 inches. The rainfall data was obtained from the Atlas 14 website produced by the National Oceanic and Atmospheric Administration NOAA). Additional precipitation information for the area can be obtained from the National Oceanic and Atmospheric Administration (NOAA) website at http://hdsc.nws.noaa.gov/ 2-year event = 50% chance of occurring Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-1 SECTION 2 100-year event = I % chance of occurring 2.3. Soils The soils in Brooklyn Center were mapped in the USDA-NRCS Soil Survey of Hennepin County, which was updated in 2004. The original soils of the Brooklyn Center area are largely unknown because the majority of the City is covered with impervious surface or has been subject to cut-and-fill activities. Onsite investigation is typically needed on a case-by-case basis to determine the soil type at a specific site. Additional information about each of the soils is available from the soil survey. Infiltration capacities of soils affect the amount of direct runoff resulting from rainfall; the higher the infiltration rate for a given soil, the lower the runoff potential. Conversely, soils with low infiltration rates produce high runoff volumes and high peak discharge rates. Since the City of Brooklyn Center is at full development, limited land grading will occur within the City in the future. 2.4. Land Use Brooklyn Center is almost completely urbanized, with approximately 50% of the land use comprised of single family residential development and the remainder being mostly commercial and industrial development. A large commercial center (Shingle Creek Crossing and opportunity site) occupies the northeastern portion of the area bounded by Brooklyn Boulevard on the west, 1-94 in the north and Highway 100 on the east. A large industrial park between 1-94 and 69th Avenue and between Xerxes Avenue and Humboldt Avenue is about 80% developed with a mixture of commercial and light industrial facilities. The City is also defined by its green space. A broad greenway of open space begins at Palmer Lake and follows Shingle Creek south through the City. In total the City has 23 developed parks and a golf course, as well as considerable green space in the Twin Lakes area. Two regional park facilities are also included within the City limits: portions of the North Mississippi Regional Park and the Twin Lakes and Shingle Creek Regional Trail System. The City of Brooklyn Center is designated by the Metropolitan Council as a "developed community" meaning that over 85 percent of the community is developed. Brooklyn Center is almost fully developed with just one percent of its usable land area still vacant. Low-density residential land uses comprise 36% of all of the City's useable land. Medium and high density residential land uses comprise only 7% of the City's useable land. Commercial development occupies 9% of the City's land area, and industrial land uses occupy 4% of the City's total land area. Schools occupy 5% of the City's land, and Parks, open space and water occupy 16% of the City's land area, and roadways occupy 23% of the City's total land area. The existing and future land uses in Brooklyn Center are shown on Figures 2 and 3 which are located in Appendix A. Land use data is an important factor for estimating surface water runoff. The hard or impervious surface areas associated with each land use greatly affect the amount of runoff generated from an area. Future land use projections indicate those areas that may be available for water resource enhancement and where improvements should be a priority. Significant changes in land use can increase runoff due to added impervious surfaces. Very little change in land use is anticipated within the City in the near future. Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-2 SECTION 2 2.5. Public Utilities The City of Brooklyn Center provides potable water for the majority of residents and businesses within the City through a municipal water distribution system. This system is fed from nine municipal wells which draw water from the Prairie Du Chien and Jordan aquifers, For additional information regarding groundwater see subsection 2.7. Brooklyn Center is completely within the Metropolitan Urban Service Area (MUSA). Sanitary sewer and water service is provided throughout the City. The Brooklyn Center sanitary sewer system consists of approximately 137 miles of sewer mains, and ten (10) lift stations. Brooklyn Center handles its wastewater on a metropolitan level and is incorporated into the Metro Wasterwater Treatment Plant located in St. Paul Minnesota. The Metropolitan Plant is the largest in the State of Minnesota, serving 1.8 million users with a maximum capacity of 251 million gallons per day. There is one single family residential property in the City that utilizes a Subsurface Sewage Treatment System (SSTS) which is located at 5306 Perry Avenue North. Sewer service is unavailable to this property. Storm sewers, ditches, curbs, and gutters provide drainage for the City. The individual subwatersheds map (Figure 4, Appendix A) shows the City's stormwater system of pipes, channels and ponds. Future street maintenance and redevelopment will likely dictate the extension or reconstruction of the storm drainage system. Mapping of stormwater utilities will be updated as improvements of the system are completed to stay in compliance with MS4 requirements. 2.6. Surface Waters Figure 5 in Appendix A shows the major water resources in the City of Brooklyn Center. The following table lists the named DNR-protected lakes and wetlands within the City and the associated ordinary High Water Level. DNR ID # Waterbodj' Name OHW Lake ID # 42P Upper Twin Lake 853.1 27-0042-03 42P Middle Twin Lake 853.1 27-0042-02 59P Palmer Lake 842.8 20-0059-00 58P Ryan Lake 849.6 27-0058-00 637W Civic Center Pond Not established 27-0637 638W Unnamed WetlandNot established 27-0638 639W Unnamed Wetland Not established 27-0639 640W Unnamed Wetland Not established 27-0640 The Wetland Conservation Act of 1991 (WCA) dictates that Local Government Units (LGU5) are responsible for administering the rules. The intent of the WCA is to promote no net loss of wetlands. The Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission are the LGUs responsible for administering the WCA in the City of Brooklyn Center. SCWMC and WMWIVIC completed a Wetland Functional Values Assessment which is included in Appendix I. Refer to Figure 5 in Appendix A for the location of National Wetland Inventory (NWI) wetlands throughout the City. Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-3 SECTION 2 2.61. Water Quality Data Water quality data for the City has been obtained from the Minnesota Pollution Control Agency (MPCA) Environmental Data Access site and is located in Appendix E. This data provides a snapshot of overall water quality and health of local waterbodies. This database is utilized by participating agencies to compile water quality testing data and is almost entirely used for the storage of water quality parameters. This water quality monitoring information/data and monitoring locations can be found at the IVLPCA's Environmental Data Access site at http://www. pca.state.rnn.us/index.php/water/water-monitoring-and-reportjng/watei'-rnoni toring-and-reporting.html. Shingle Creek and West Mississippi Watershed Management Commissions also monitor the creeks and lakes within Brooklyn Center. Staff annually monitor flow and water quality in Shingle Creek; lake monitoring is completed every other year. Contact the Watershed for the most recent monitoring report. 2.6.2. Impaired Waters The MPCA lists the following water bodies located within or near the City as being impaired meaning that the waters are too polluted or otherwise degraded to meet the water quality standards set by governing bodies: • The Mississippi River (ID 07010206-509) is impaired for Fecal Coliform and PCB in fish tissue. This stretch was added to the impaired waters list by the MPCA in 1998 for PCB in fish tissue, and again in 2006 for Fecal Coliform. o Shingle Creek (ID 07010206-506) has an approved TMDL for aquatic Macroinvertebrate Bioassessments, Chloride, and Dissolved Oxygen. Shingle Creek was added to the impaired waters list by the MIPCA in 2006, o Upper Twin Lake (ID 27-0042-01) has an approved TMDL Plan for Nutrient/Eutrophication Biological Indicators. Additional impairments include PCB and Perfluorooctane Sulfonate (PFOS). Upper Twin Lake was added to the impaired waters list by the MPCA in 1998. Middle Twin Lake (ID 27-0042-02) has an approved TMDL Plan for Nutrient/Eutrophication Biological Indicators. Additional impairments include PCB and PFOS. Middle Twin Lake was added to the impaired waters list by the MIPCA in 1998. o Ryan Lake (lID 27-0058-00) has an approved TMDL Plan for Nutrient/Eutrophication Biological Indicators, Ryan Lake was added to the impaired waters list by the MPCA in 2002. The locations of these impaired water bodies are shown on the water resource problem areas map, Figure 7, which can be found in Appendix A. For more information on impaired waters and TMDL Plans visit the MPCA website hp://www.pca.state.mn.us/, Appendix K includes the approved TMDL plans for Shingle Creek, Twin Lakes and Ryan Lake. Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-4 SECTION 2 In addition to the water bodies listed above, the City is upstream of the Lake Pepin and other reaches of the Mississippi River. The City may be required to implement the TMDL plans for these water bodies once complete. 2.7. Groundwater Various agencies are responsible for groundwater management and protection. The DNR regulates groundwater usage rate and volume as part of its charge to conserve and use the waters of the state. Suppliers of domestic water to more than 25 people or applicants proposing a use that exceeds 10,000 gallons per day or 1,000,000 gallons per year must obtain a water appropriation permit from the DNR Many of the agencies charged with regulating water usage are currently involved in assessing and addressing concerns of water usage. When and where feasible the City of Brooklyn Center will work with the associated agencies to be good stewards of water resources. The Minnesota Department of Health (MDH) is the official state agency responsible for addressing all environmental health matters, including groundwater protection. For example, the MDH administers the well abandonment program, and along with the Minnesota DNR, regulates installation of new wells. The MPCA administers and enforces laws relating to pollution of the state's waters, including groundwater. The Minnesota Geological Survey provides a complete account of the state's groundwater resources. The SCWMC and WIvIWMC are charged with general responsibilities for groundwater protection and use, but its role is limited to cooperating and assisting the DNR, MDH and MPCA in their groundwater protection efforts. Hennepin County also has statutory responsibilities for groundwater management contained in its Groundwater Management Plan. Hennepin County was the first County in the Twin Cities Metropolitan Region to adopt a Groundwater Management Plan, and did so in March of 1992. The City of Brooklyn Center currently has 9 wells in service. They are designated Well 2, Well 3, Well 4, Well 5, Well 6, Well 7, Well 8, Well 9, and Well 10. All wells draw from the Jordan aquifer. The City is in the process of building an iron and manganese removal treatment plant and will treat pumped water there in the future. All of the City's existing water supply system meets all primary contaminant standards as set forth by regulating bodies listed above. The City has submitted its Wellhead Protection Plan to the Minnesota Department of Health (2015), which includes the development of Drinking Water Supply Management Areas (DWSMAs). At the time of this report the Wellhead Protection Plan was yet to be finalized/approved so the DWSMA is not included in this plan. Refer to the City Wellhead Protection Plan for the final DWSMA and other information regarding wellhead protection. 2.8. Hydrologic System and Data Hydrologic and hydraulic modeling for the entire City of Brooklyn Center was completed in conjunction with the development of this Surface Water Management Plan utilizing XPSWMIvI, included in Appendix J. The Shingle Creek Watershed Management Commission also maintains a hydrologic and hydraulic model in XPSWMM for areas tributary to Shingle Creek. The peak runoff rates and volume from most subwatersheds in the City of Brooklyn Center are not expected to change significantly due to future development. Stormwater runoff rate and volume Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-5 SECTION 2 controls will be required to be in conformance with City, Watershed, and State requirements. With the additional precipitation data provided by Atlas 14, dependent upon funding, the City may choose to complete additional risk assessments for specific problem areas which are outlined in section 4 of this report. 2,9. Natural Communities and Rare Species The Minnesota DNR produces the Minnesota County Biological Survey (MCBS) identifying natural communities and rare species. Completed in 1994, the Hennepin County survey identifies where evidence indicates the presence of federally or state listed plants. The survey shows rare plants and animals are present in Brooklyn Center on the north end of Twin Lakes. The DNR has jurisdiction over these areas. Based on state statute any work within these areas is required to meet DNR permit requirements. The entire City of Brooklyn Center has been categorized according to the Minnesota Land Cover Classification System (MLCCS). MLCCS categorizes urban areas based on five levels of land cover. Figure 10 located in Appendix A shows a map of the classified MLCCS areas. MLCCS does not place any restrictions on development; rather it informs land use planners on open space planning and comprehensive planning. 2.10. NPDES Phase II The City of Brooklyn Center is required to have a Municipal Separate Storm Sewer System (MS4) permit through the IvLPCA's National Pollutant Discharge Elimination System (NPDES) Phase II Program. MS4s designated by rule are urban areas with populations over 10,000 or urban areas with populations greater than 5,000 with the potential to discharge to special or impaired waters. Additionally, NPDES Construction General Permits are required for construction activities that result in land disturbance of equal to or greater than one acre or a common plan of development or sale. As an MS4, the City will be required to implement the following six minimum control measures: 1.Public Education and Outreach 2.Public Participation/Involvement 3. Illicit Discharge Detection and Elimination . Construction Site Stormwater Runoff Control 5. Post-Construction Stormwater Management 5. Pollution Prevention/Good Housekeeping for Municipal Operations For more information on NPDES Permit requirements refer to www.pca.state.mn.us . Refer to Appendix B for a copy of the City's MS4 SWPPP (Storm Water Pollution Prevention Plan) and a copy of the City's SWPPP BMIP Sheets. 2.11. Water Resource Issue Areas Water resource issue areas were identified through information obtained from City Staff, residents, and other agencies. Each issue was analyzed and potential solutions to address the issues were developed as detailed in Section 4. Refer to Figure 7, in Appendix A for the location of Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-6 SECTION 2 site-specific issue areas. The following is a list of some of the water resource issue areas within the City: Aging and undersized infrastructure o Drainage issues at various locations o Vegetation and sediment management within stormwater ponds and DNR waters Impaired water quality in area lakes and rivers 2.12, Flood Insurance Studies The Federal Emergency Management Agency (FEMA) completed the map modernization process for its Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FiRMs) to identify flood risk within Hennepin County in 2004. A copy of the updated FIS and FIRMs can be obtained online through the FEMA Map Service Center at https://msc.fema.gov , As of December 2014, preliminary FIS and FIRMs for Hennepin County have been revised but have yet to be finalized. For the latest information visit the DNR website at http://www.dnr.state.mn.us/waters/watermgmtsection!floodplainlfemafirms.html It is noted that one Letter of Map Revision (LOMR) has been completed within the City of Brooklyn Center. For more information, the LOIVIR report can be found in Appendix F. The map revisions are located north of Edinbrook Terrace along Edinbrook Channel and south of Brookdale Drive along Shingle Creek. Additional information for this LOMR and other related flood insurance information can be found in the Hennepin County Flood Insurance Study. Figure 8 in Appendix A shows the floodplain for the City of Brooklyn Center. 2.13. Water Resource Management Ordinances and Policies The City of Brooklyn Center has adopted a number of ordinances and zoning overlay districts in an effort to protect water resources within the City. The City will be revising ordinances to meet post construction requirements. Ordinances and zoning overlay districts currently in place include the following: • Floodplain Management - purpose of this ordinance is to promote the public health, safety, and general welfare and to minimize potential losses due to flooding hazards. • Floodway District (FW) - this district includes those areas designated as floodway on the Flood Insurance Rate Map (FIRM) adopted by the City. • Flood Fringe District (FF) - this district includes those areas designated as floodway fringe on the Flood Insurance Rate Map (FIRM) adopted by the City. • General Flood Plain District this district includes those areas designated as Zone A or Zones AE, Zone AO, or Zone AH without a floodway on the Flood Insurance Rate Map (FIRM) adopted by the City. • Grading and Erosion Control Plan - the City requires a satisfactory erosion control and grading plan consistent with the Minnesota Pollution Control Agency's Best Management Practices Handbook. The City will be revising this ordinance per a letter received from the MPCA during the City's application for Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-7 SECTION 2 MS4 reauthorization. The erosion control and grading plan must be approved by the City Engineer before a grading or building permit is issued for construction, if the construction will result in disturbing the soil. The full text for each of these ordinances or zoning overlay districts is included in Appendix D. The most current ordinance information can be found on the City's website http://www.cityofbrooklyncenter.org/. The City has also developed policies for no wake zones for the City's lakes and a street sweeping policy. These policies are included in Appendix G and Appendix H, respectively. 2.14. Mississippi River Critical Corridor The Minnesota State Legislature enacted the Critical Areas Act in 1973 and an executive order (79-19) was signed in 1976 declaring the Mississippi River corridor a Critical Area (MRCCA). The executive order states the following purposes for the Critical Area designation: o To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region, and nation; • To prevent and mitigate irreversible damage to this state, regional and national resource; • To preserve and enhance its natural, aesthetic, cultural, and historical value for the public use; o To protect and preserve the river as an essential element in the national, state and regional transportation, sewer and water and recreational systems; and o To protect and preserve the biological and ecological functions of the corridor. The MIRCCA includes 72 miles of the river, extending from the Cities of Dayton and Ramsey to just south of the City of Hastings. The boundary of the MRCCA can generally be described as from the river bluff down to the river, with the corridor width varying. In 1976, four corridor districts were established, corresponding to the following different types of land use along the Mississippi River: rural open space district, urban developed district, urban open space district, and urban diversified district. Each district has its own set of guidelines. The Critical Area Act requires that each city having jurisdiction over land within the Critical Area develop a Critical Area Plan. Executive Order 79-19 includes the rules and guidelines that each city must incorporate in its Critical Area Plan. In 1988, the U.S. Congress designated the Mississippi River corridor as the Mississippi Natural River and Recreation Area (MNRRA), a unit of the National Park System. The boundaries of the MNRRA corridor are the same as the Critical Area corridor. MNRRA was established to: o Protect, preserve, and enhance the significant values of the Mississippi River corridor through the Twin Cities metropolitan area; e Encourage coordination of federal, state, and local programs; and Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-8 SECTION 2 o Provide a management framework to assist the state of Minnesota and local governments in the development and implementation of integrated resource management programs and ensure orderly public and private development in the area. The Mississippi River Coordinating Commission and the National Park Service adopted the MNRRA Comprehensive Management Plan in 1995. This plan adopts and incorporates by reference the state Critical Area Program, Shoreland Management Program, and other applicable state and regional land use management programs. The MNRRA comprehensive plan also identifies voluntary policies that are additional to the Critical Area requirements, for the purpose of protecting and enhancing river resources. The earlier Critical Area requirements are referred to as Tier I criteria, whereas the additional voluntary guidelines in the MINRRA comprehensive plan are referred to as Tier 2 criteria. Although city conformance with Tier 2 criteria is not mandatory, conformance to Tier 2 criteria is necessary to receive federal grants for land acquisition and development. All of the member cities within the MNRRA corridor have comprehensive plans that conform to Tier I criteria, but there are varying levels of conformance with Tier 2 criteria. In 2009 the Minnesota State Legislature directed the DNR to conduct new rulemaking for the MIRCCA. The boundary of the existing corridor is not anticipated to change, however the boundaries and requirements within the corridor are expected to change. The adoption of updated rules will be mandatory by the local government units (LGUs) located within corridor boundaries. The DNR is developing rules to guide development in the Mississippi River Corridor Critical Area (MRCCA). The MRCCA rules will establish six (6) new districts in the corridor, and the four current districts (Rural Open, Urban Open, Urban Developed, Urban Diversified) will be eliminated. In addition, the rules will establish new standards and guidelines for development in the MRCCA. On June 2, 2014 the DNR issued a request for comments (RFC) on the MIRCCA Working Draft Rules and accepted comments through September 30, 2014. During this informal comment period, the DNR received a number of comments from local governments, residents and businesses, and a variety of agencies and organizations. In response to these comments and concerns, key changes were made to the Working Draft Rules, which were also included in the "Pre-Revisor's Draft Rules" dated December, 2014. The DNR has analyzed the issues raised and is currently wrapping up a final round of revisions to the draft rules before submitting the final draft to the Office of the Revisor. Once the Revisors Office has reviewed and formatted the draft, the DNR intends to publish the Notice of Intent in early 2015, initiating the formal rulemaking phase, at which point the draft rules and Statement of Need and Reasonableness (SONAR) will be released for public review. As a result of this new legislation, local governments will be required to update their Critical Area plans (these may be stand-alone plans, or they may be components in the Comprehensive Plan), and will be required to prepare new land use ordinances for MRCCA management. The DNR intends to prepare sample ordinances for communities to adopt as needed. Cities are expected to begin the process of updating their own legislative codes by the end of 2015 or early 2016, and completing them by late 2016 or early 2017. Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-9 SECTION 2 Surface Water Management Plan City of Brooklyn Center Section 2 WSB Project No. 1910-030 Page-10 SECTION 3 3. AGENCY COOPERATION There are a number of local, State, and Federal agencies that have rules and regulations related to local water management. The City recognizes the roles of these other agencies and will cooperate, coordinate, and when possible partner with these agencies. This Plan is in conformance with but does not restate all other agency rules that are applicable to water resource management. The following agencies deal with or regulate water resources throughout the City: o Minnesota Department of Health www.health.state.mn.us o Minnesota Pollution Control Agency ww.pca.state.mn.us o Board of Water and Soil Resources www.bwsr.state.mn.us and the Wetland Conservation Act www.bwsi -.state.mn.us/wetlands/wca/index.litmI • Minnesota Department of Natural Resources www.dnr.state.mn.us • US Army Corps of Engineers www.rnvp.usace.army.mi • Minnesota Department of Agriculture www.mda.state.mn.us o US Fish and Wildlife Service www.fws.gov • Hennepin County hUp:I/vw.hennepin.us/ o Hennepin Conservation District hp ://wv.hennepin.us/residents/envi ronrnenticonservation-servi ces-organizations • Shingle Creek Watershed Management Commission http://vw.shinglecreek.or • West Mississippi Watershed Management Commission http://w ww .shinglecreek.or w Minnesota Environmental Quality Board www.egb.state.mn.us o Metropolitan Council www.metrocouncil.org While these other agencies' rules, policies, and guidelines are not all restated in this Plan, they are applicable to projects, programs, and planning within the City. The MPCA Minnesota Stormwater Manual, which is a document intended to be frequently updated, is also incorporated by reference into this Plan and can be found at www. pca.state.mn .us/water/stormwater/stormwater-rnanual .htnil. Local Water Management Plan City of Brooklyn Center Section 3 WSB Project No. 1910-030 Page-1 SECTION 4 4. ASSESSMENT OF ISSUES Outlined below is an assessment of existing and potential local water resource-related issues that are known as of 2014. These issues have been identified based on an analysis of the land and water resource data collected during the preparation of this plan and through information provided by the City, its residents, and the watershed organizations. A description of any existing or potential issue within the City has been listed and potential future corrective actions have been incorporated into an implementation plan. Refer to Figure 7 in Appendix A for the location Of many of the issues discussed below. 4.1. Water Quality Issues 4.1.A Issue - The City discharges to the following impaired waters as listed by the Minnesota Pollution Control Agency (MIPCA): • The Mississippi River (ID 0701026-509) is impaired for Fecal Coliform and PCB in fish tissue. This stretch was added to the impaired waters list by the MPCA in 1998 for PCB in fish tissue, and again in 2006 for Fecal Coliform. • Shingle Creek (ID 07010206-506) has an approved TMDL for aquatic Macroinvertebrate Bioassessments, Chloride, and Dissolved Oxygen. Shingle Creek was added to the impaired waters list by the MPCA in 2006. • Upper Twin Lake (ID 27-0042-01) has an approved TMDL Plan for Nutrient/Eutrophication Biological Indicators. Additional impairments include PCB and Perfluorooctane Sulfonate (PFOS). Upper Twin Lake was added to the impaired waters list by the MPCA in 1998. • Middle Twin Lake (ID 27-0042-02) has an approved TIvIDL Plan for Nutrient/Eutrophication Biological Indicators. Additional impairments include PCB and PFOS. Middle Twin Lake was added to the impaired waters list by the MPCA in 1998. • Ryan Lake (ID 27-0058-00) has an approved TMDL Plan for Nutrient/Eutrophication Biological Indicators. Ryan Lake was added to the impaired waters list by the IvIPCA in 2002. Corrective Action - The City will continue to work with the MPCA, watershed commissions, and surrounding communities to help improve these bodies of water and address the TMDL requirements. 4.1.13 Issue - It has been identified that stormwater containing sediment, debris and litter is entering the pond east of Palmer Lake Drive. Corrective Action - The City will evaluate and construct stormwater pretreatment devices upstream of the pond east of Palmer Lake Drive. 4.1.0 Issue - The presence of invasive fish and dense vegetation is causing water quality and habitat Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-1 SECTION 4 issues in Upper and Middle Twin Lakes. Corrective Action - The City will work with the watershed commission, neighboring cities and other jurisdictions to develop a fish and vegetation management plan that is reasonable, achievable, feasible, and economically viable. 4.2. Flooding and Stormwater Rate Control Issues 4.2.A Issue - Portions of the storm sewer throughout the City is under capacity (either inlet capacity or pipe capacity) or has exceeded its design life. Corrective Action - The City will evaluate and address these capacity issues as feasible during street reconstruction projects, and other appropriate projects, in the upcoming years. 4.2.11 Issue - The outlet to the Fremont Place North townhomes pond is susceptible to plugging and creates flooding issues. Corrective Action - This pond outlet, located at the connection point to the public storm sewer system, will be added to the Cities routine maintenance check list. 4.2.0 Issue - Shingle Creek Regional Trail from Freeway Boulevard to Shingle Creek Parkway experiences ongoing flooding issues. Corrective Action - The City will continue to monitor this issue area on an event basis and determine if this issue will require improvements. If action is determined to be needed, the City will work with Three Rivers Park District on addressing flooding issues. 4.2.1) Issue - There are localized ponding and drainage issues on the edge of County Road 130. Corrective Action - The City will continue to monitor this issue area and coordinate/address with County Road improvements. 4.2.E Issue - The Kylawn Park and area surrounding the park experiences the following flooding issues: The natural berm at the south end of the park may be creating backwater flooding. There are backyard flooding issues on the west side of the Arboretum pond. The Twin Lake North Apartment's parking lot experiences flooding issues. Surface Water Managethent Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-2 SECTION 4 Corrective Action - The City will continue to monitor and evaluate these issue areas. 4.2.F Issue - During the 639 W restorations a dike was installed across the wetland. This is causing peripheral flooding on the north side of the wetland. • There are backyard flooding issues on the south side of Scott Avenue North and 61st Avenue • The ball field at Odyssey Academy Park experiences flooding issues. Corrective Action— The ball field at Odyssey Academy Park was raised and graded in 2014 & 2015. If issues persist, the City will work with the City of Crystal and Watershed Commission to lower the outlet elevation or determine if there are other viable solutions. 4.2.G Issue - Centennial Park West ball fields and trails flood during large rainfall events. Corrective Action - The City installed a berm and pump system in the winter of 2014 & 2015 for the two main softball fields. The City will monitor and evaluate additional measures to reduce flood potential of the ball fields, as necessary. 4.2.H Issue - A safety fence or other inlet safety feature/design is needed at the weir in the Southeast corner of City Campus. Corrective Action - The City will evaluate and make improvements as feasible. 4.2.! Issue - The pond liner at the Earle Brown Heritage Center may have a leak resulting in a lower water level then the design normal water level. Corrective Action - The City will evaluate and work with Embassy Suites to fix the liner, if necessary. 4.2.J iaiie - The ball field and trail at East Palmer Lake Park are susceptible to Spring flooding. Corrective Action - The City will continue to monitor this issue area. This ball field and trail were originally constructed in a low area adjacent to Palmer Lake and periodic flooding of this park area is expected. The City will elevate the trials as needed. 4.2.K Issue - The City currently does not have a formalized Mississippi River level monitoring Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-3 SECTION 4 program. Corrective Action - A river lever monitoring program will be developed to help respond and anticipate flooding and erosion issues. 4,3. Storm Sewer Maintenance Issues 4.3.A Issue —The City currently does not have a routine inspection program to monitor their storm sewer conveyance system and corrections are made reactively to issues as they arise. Corrective Action - The City has been televising the storm sewer in conjunction with the reconstruction projects. The City will evaluate an inspection program for its storm sewer infrastructure. This program will help prioritize inspection/maintenance activities related to storm sewer and the need for cleaning, maintenance, and replacement. 4.3.13 Issue - Southeast of the intersection of 61 " Avenue North and Perry Avenue North, the storm sewer pipe has joint failures and sink holes causing it to leak and transfer sediment. Corrective Action - The city will evaluate and continue to monitor this area and develop a plan of action to mitigate issues or replace storm sewer if necessary. 4.3.0 Issue - Rehabilitate the deteriorated storm sewer from 70 th Avenue North and Willow Lane to the Mississippi River. Corrective Action - The City will evaluate this issue both upstream and downstream. 4.3.1) Issue - The trunk line along 65th Avenue between Cahlander Park and Shingle Creek is deteriorating. Corrective Action A pipe joint repair project was completed in the 1990's. The City will monitor and evaluate trunk storm sewer. 4.3.E Issue - The weir south of Bass Lake Road and Shingle Creek Parkway experiences excessive accumulation of debris and is in need of continuous maintenance. Corrective Action - The City will monitor and work with the property owner to perform the flood protection maintenance as needed for this weir and add it to the City annual inspection plan. The property owner will be responsible for the aesthetic maintenance and the City will Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-4 SECTION 4 assist with maintenance to ensure weir is kept unrestricted. 4.3.F Issue The backflow preventer located west of Shingle Creek Parkway and John Martin Drive does not function (close). Corrective Action - The City will evaluate and determine the appropriate course of action. 4.4. Impacts of Sedimentation and Vegetation 4.4.A Issue - The City is currently aware that many of the City owned ponds have vegetation and sedimentation issues. Corrective Action— The City performs maintenance on stormwater ponds as necessary to ensure they continue to provide the intended stormwater management benefit, The City recently developed a SWAMP (Storm Water Asset Management Program, see Appendix L) to help update and prioritize inspection and maintenance needs for stormwater ponds and BMPs throughout the City. The City will annually review the SWAMP and update the prioritization and BMP maintenance activities accordingly. 4.4.11 Issue - Palmer Lake has experienced degradation due to stonnwater loading and vegetation growth/encroachment. Corrective Action— The City will continue to monitor Palmer Lake for proper drainage of Shingle Creek, and if necessary, develop a management plan to ensure drainage and flood protection related to Palmer Lake are maintained. 4.5. Adequacy of Existing Regulations and Programs to Address Adverse Impacts on Local Water Resources 4.5.A Issue - The grit chamber in the parking lot of the Regal Cinemas Brooklyn Center Stadium 20 Movie Theater is in need of ongoing maintenance. Corrective Action - The City will develop a program for cleaning the underground system. It is likely this system will need to be cleaned on an annual or biennial basis. The City is planning to complete the first cycle of maintenance in 2015 and then will monitor the subsequent load accumulation to determine the proper maintenance interval. 4.5.13 Issue - The Cahlander Park outfall frequently clogs following rainfall events. Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-5 SECTION 4 Corrective Action - The City will evaluate alternative skimmer designs and continue to clean on a regular basis. 4.6. Impacts of Erosion and Sedimentation on Local Water Resources 4.6.A Issue - The private retaining walls are deteriorating and falling within the Mallard Creek Ponds on Unity Avenue North, between 72 id Circle and 69th Avenue North. Corrective Action - The private retaining walls will need to be reconstructed by the property owner. The City will continue to monitor. 4.6.13 Issue - Both sides of Shingle Creek are experiencing erosion and sedimentation issues at Brooklyn Boulevard. Corrective Action - In 2015, the City is partnering with the Watershed and the City of Brooklyn Park to complete the Connections at Shingle Creek Restoration Project from Brooklyn Boulevard to Noble Avenue North. A phase 2 project from Regent Avenue North to Brooklyn Boulevard needs to be completed to determine the extent of the stabilization required. The City will look into a possible partnership with the Shingle Creek Watershed Management Commission to help fund this project. 4.7. Impact of Land Use Practices and Development on Local Water Resource Issues 4.7.A Issue - There is a lack of storm sewer maintenance that has been completed at the old Jerry's site off of Bass Lake Road and Xerxes Avenue. There is failing storm sewer on site. Corrective Action - The City will monitor and work with the property owner, who is responsible for completing maintenance and repairs at this location. 4.8. Education Program 4.8.A Issue —Water resource education materials are currently distributed to residents, businesses, and other organizations throughout Brooklyn Center through several different channels; however, public water resource education remains a significant component of environmental protection. Corrective Action - The City will continue to collaborate and streamline the storm water education programs and materials and distribute to its residents, businesses, and other Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-6 SECTION 4 organizations. These programs may focus on the following topics: getting the most out of BMPs, water quality, groundwater, wetlands, native vegetation, buffers, wildlife habitat, litter control, pet wastes, recycling, trash disposal, leaf collection, grass clippings, lawn chemicals, and hazardous materials. The City will pursue partnerships with the watersheds and other organizations to efficiently complete its education program. 4.9. Identification of Potential Issues Which are Anticipated in the Next 20 Years. 4.9.A Issue - Sanitary sewer lines run parallel and in close proximity to the Mississippi River banks along the entire east side of the City. Corrective Action - Regular river bank stabilization inspections will need to be completed to monitor and help prevent any future erosion issues. 4.10. Availability and Adequacy of Existing Technical Information to Manage Local Water Resources. 4.1O.A Issue - Atlas 14 (updated precipitation probability information) was released by NOAA (National Oceanic and Atmospheric Administration) in 2013 and adopted by the Watershed and City for design criteria. Corrective Action - Previously developed areas within the City (designed to meet TP-40 hydrologic demands) will continue to operate under this design criteria. New development, redevelopment, and areas where issues may exist will be evaluated (as needed) by completing a risk assessment using Atlas 14. The City will work with the DNR and the Watershed in FIRM updates as needed. Surface Water Management Plan City of Brooklyn Center Section 4 WSB Project No. 1910-030 Page-7 SECTION 5 5. GOALS AND POLICIES 5.1. General The primary goal of Brooklyn Center's SWMP is to bring the City into statutory compliance and provide the City a framework for effective stormwater management. This includes guiding redevelopment activities and identifying and implementing retrofits to the existing system. These retrofits consist of both projects and programs. Additionally, the plan provides clear guidance on how Brooklyn Center intends to manage surface water in terms of both quantity and quality. The goals in Brooklyn Centers Surface Water Management Plan are consistent with the goals of the Shingle Creek Watershed Management Commission and West Mississippi Watershed Management Commission, while addressing the more specific and changing needs of the City. This plan (3 d Generation Plan) is an update to the 2006 Water Management Plan (2' Generation Plan) and the goals of this plan were established in accordance with the guidelines contained in Miimesota Statutes 103B and Minnesota Rules 8410, The policies of Shingle Creek Watershed Management Commission and West Mississippi Watershed Management Commission have been adopted by reference for the areas within each district. Refer to Figure 13 for the approximate watershed organizational boundary within the City. The most recent SCWMC and WMWMC rules and standards can be found at www.shinglecreek.org . The City is responsible for enforcing the Commissions' recommendations for projects that require a Commission review (see project review threshold table at www.shinglecreek.org ). Additional goals and policies of the City are contained throughout this section. A general priority of the City is to cooperate, collaborate, and partner with other entities, such as SCWMC, WMWMC, and the IvLPCA, as much as possible as the City implements this plan. Cooperation, collaboration, and partnering results in projects that are less likely to conflict with the goals of the affected entities, are better able to meet long-term goals, and are generally more cost-effective. In addition to the goals and policies contained in this section, the City will annually review and update its Storm Water Pollution Prevention Plan (SWPPP) to effectively manage its stormwater system and be in conformance with the NPDES MS4 Program. Refer to Appendix B for the most recent version of the City SWPPP. The goals and policies described in this section are intended to incorporate the foundation of several regional, state, and federally mandated programs. They are not meant to replace or alter the regional, state and federally mandated programs, rules and regulations, but to serve as an enhancement and provide some general policy guidelines. The goals address the management strategies of both watershed management commissions, West Mississippi and Shingle Creek, and are consistent with the objectives set forth in the State Wetland Conservation Act (WCA) and the Federal Nationwide Urban Runoff Program (NURP). Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-1 SECTION 5 5.2, Background The City completed its first comprehensive plan in 1979. The City has most recently updated its comprehensive plan in 2010 with its 2030 Comprehensive Plan. The 2030 Comprehensive Plan reiterated the goals of the previous plan, while also responding to emerging issues and changing conditions within and around the City of Brooklyn Center. Specific to the goals and policies of this Surface Water Management Plan is the following statement from the 2030 Comprehensive Plan under the Community Image Objectives subsection: "L'Iinimize the impacts of storm water runoff on 1vate7' resources by minimizing the increase of impervious swface and using naturally designed drainage, infIltration, other low impact development (LID) techniques and best management practices, in the development and redevelopment process." The 2015 Brooklyn Center SWMP expands upon the goals and objectives provided in both the 2030 Comprehensive Plan, the 1996 Water Management Plan and the updated Third Generation Shingle Creek and West Mississippi Watershed Management Commission Water Management Plan. 5.3. Water Quality 5.3.1.Goal Work with SCWMC, WMWMC, and neighboring communities to maintain and/or enhance the water quality of Brooklyn Center's lakes, wetlands, streams, and other water resources. 5.3.2. Policies 1.Brooklyn Center's preferred means of protecting water quality is to infiltrate and reuse stormwater runoff. Brooklyn Center requires that stormwater infiltration and reuse facilities include sufficient water quality pretreatment (to NPDES and Watershed standards) to preserve the function of these facilities. Wellhead protection areas must also be reviewed when considering infiltration. 2.Utilize, where feasible, regional stormwater detention facilities when possible to enhance water quality by removing sediment and nutrients from runoff. 3. Support water quality monitoring efforts being undertaken by the SCWMC and WMWMC. Refer to SCWMC and WMWMC Rules (www.shinglecreek.org ) in Appendix C for Water Quality Policies within the City. 5.4. Runoff Management and Flood Control Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-2 SECTION 5 5.4. 1. Goal Protect, preserve, and expand (where possible) the stormwater storage and detention systems to control excessive runoff volumes and rates, prevent flooding, protect public health and safety, and minimize public capital expenditures. 5.4.2. Policies Brooklyn Center's preferred flood control strategy is to reduce the volume of its runoff through regional stormwater facilities and reuse or infiltration projects. The City will work with the SCWMC, WMWMC, and surrounding communities to achieve their flood control goals. 1 The high water levels of stormwater detention facilities shall be based on a minimum 100-year frequency storm event. A minimum freeboard of two (2) feet shall be provided for the lowest adjacent building opening. The 100-year high water level shall be determined based on the more restrictive of the City's hydrologic/hydraulic model, FEMA floodplain and SCWMC/WMWMC elevation. 3.Emergency overflow drainage routes shall be provided at all low point locations a minimum of 1.5 feet below the lowest adjacent building opening. Emergency overflow drainage routes shall be constructed in a manner that will accommodate a 100-year storm event. 4.New stormwater drainage system design shall be based on a 5-year frequency storm for local storm sewer, 10-year frequency storm for trunk storm sewer, and a 100-year frequency storm for ponds and open channels, where practical. 5.New storm sewers and open channels shall be designed using the Rational Method or other technical method approved by the City. Runoff Coefficient "C" shall be in accordance with the guidelines provided in the Minnesota Department of Transportation Drainage Manual. 6.A hydrograph method based on sound hydrologic theory shall be used to analyze runoff rates and high water levels for proposed development and redevelopment projects. 7.Water quality treatment ponds (wet ponds) shall be designed in accordance with National Urban Runoff Program (NURP) standards. 8.Drainage and utility easements shall be dedicated over newly constructed stormwater management ponds. 9. The owner of a detention basin, water quality pond or water quality treatment device shall provide the City with an executed copy of an Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems in a form acceptable to the City. Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-3 SECTION 5 10.Prohibit encroachment that will reduce the storage capacity of floodplains, unless mitigating action is undertaken. 11.Allow only structures that have been flood-proofed or will not be subject to excessive damage in the floodway fringe. 12.Existing water storage capacity should be preserved below the 100-year critical flood elevation on all public waters within designated floodplain areas. 13.Development within the floodplain should be minimized that will unduly restrict flood flows or aggravate known high water problems. 14. Compensatory storage will be required for floodplain fill. Refer to the Floodway District, Flood Fringe District, General Flood Plain District Ordinances on the City's website (vw.cityothrooklyncenter.or) for more information regarding floodplain management within the City. Refer to SCWMC and WMWMC Rules and Standards ww.shing1ecreek.org in Appendix C for Runoff Management Policies within the City. 5.5. Wetlands 5.5.1. Goal Achieve no net loss of wetlands, including acreage, functions, and values. Where practical, improve the functions, values, biological diversity, and acreage of existing wetlands, 5.5.2. Policies 1.Cooperate with SCWMC's and WMWI\4C's administration of their wetland alteration rules. SCWMC is the Local Governing Unit (LGU) for wetlands within its jurisdictional boundary and WIMWMC is the LGU responsible for administering WCA for that area of the City within the WMWMC. 2.Runoff shall not be discharged directly into wetlands without pretreatment of the runoff. 3.A vegetated buffer strip with a minimum buffer width of 20-feet and an average width of 30-feet measured from the ordinary high water level of the watercourse or wetland is required adjacent to wetlands, lakes and natural water course. 4.Wetlands may not be drained, filled, or excavated without prior approval from the Shingle Creek or West Mississippi Watershed Management Commission in accordance with the Wetland Conservation Act. 5. Drainage and utility easements shall be dedicated over wetland buffer areas. Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-4 SECTION 5 Refer to SCWMC and WMWMC Rules and Standards (wv.shinglecreek.org ) in Appendix C for Wetland Management Policies within the City. 5.6. Erosion and Sediment Control 5.6.1. Goal Protect the capacity of the City's stormwater management system, prevent flooding, and maintain water quality by preventing erosion and sedimentation from occurring, and correct existing erosion and sedimentation problems. 5.6.2. Policies The City of Brooklyn Center is responsible for the review and enforcement of erosion and sediment controls for activities that require a grading and erosion control plan. 2. Erosion control must meet the requirements outlined in the Minnesota Pollution Control Agency's NPDES General Permit to Discharge Stormwater from Construction Sites and the following criteria. A copy of the most recent requirements can be found at w%w.mpca.mn.us . 5.7. Groundwater 5.7.1. Goal Protect the quality and quantity of groundwater resources. 5. 7.2 Policies 1.Encourage groundwater recharge and cooperate with SCWMC and WMWMC efforts to protect recharge areas from potential sources of contamination. Provide increased green space, native vegetation, and pond "dead" storage wherever possible and appropriate to allow for the infiltration of stoimwater runoff and promote groundwater recharge. The City Wellhead Protection Plan is currently being updated. The Wellhead Protection Plan is anticipated to be approved by the Department of Health on November 15, 2015. This plan should be referenced when considering infiltration, to verify the location of DWSMAs (Drinking Water Supply Management Areas) and other sensitive areas. 2.Provide groundwater protection as laid out in the City's Wellhead Protection Plan. 5.8. Recreation, Habitat, and Shoreland Management 5.8.1,Goal Protect and enhance fish and wildlife habitat and recreation opportunities. Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-5 SECTION 5 5.82. Policies 1. Cooperate with SCWMC, WMWMC and other units of government to complete habitat and recreation corridor connections (greenways). 1 Maintain, enhance, or provide new habitat as part of wetland modification, stormwater facility construction, or other appropriate projects. 1 Encourage alternative landscape designs that a) increase beneficial habitat, wildlife and recreational uses; promote infiltration and vegetative water use; and that b) decrease detrimental wildlife uses (such as beaver dams, goose overabundance), which damage water control facilities, shoreline vegetation, water quality or recreational facilities. 4.Continue to manage key conservation areas within the City. Coordinate efforts to protect rare and endangered species and areas of significant natural communities with the Minnesota Department of Natural Resources. Refer to the zoning map from the comprehensive plan for a reference of these areas (included in Appendix D). 5.Coordinate efforts with state, county and neighboring municipalities to enhance water based recreation to the extent practical. 5.9. Education and Public Involvement 5.9.]. Goal Increase public awareness, understanding and involvement in water and natural resource management issues. 5.9.2. Policies I. Continue to distribute educational materials to the general public and targeted groups in accordance with the City SWPPP. Specific topics could include water resources, groundwater, wetlands, native vegetation, buffers, wildlife habitat, litter control, pet wastes, recycling, trash disposal, leaf collection, grass clippings, lawn chemicals, and hazardous materials. Information may be distributed via the City's newsletter, City website, local newspapers, cable television or other appropriate methods. 2. Continue to coordinate education efforts with SCWMC and WMWMC to take advantage of efficiencies of scale where appropriate. 5.10. Financing 5.10.1. Goal Minimize and fairly distribute public expenditures for plan implementation, with emphasis on using the City's stormwater utility to finance projects and collaborating/partnering with other entities. Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-6 SECTION 5 5.10.2. Policies 1.Use the City's Stormwater Utility Fund to pay for stormwater management projects and implementation activities. 2.Use other funding sources including land sale proceeds, partner with the Watersheds, State Aid funds, grants, etc. to pay for the implementation activities, when available and appropriate. 3. The City will use its Stormwater Utility Fund to pay for the public education and information programs. Surface Water Management Plan City of Brooklyn Center Section 5 WSB Project No. 1910-030 Page-7 SECTION 6 6. IMPLEMENTATION PROGRAM 6.1. Implementation Program Components Table 6.1 contains a comprehensive list of the MS4 activities and projects, programs, and studies that make up the City of Brooklyn Center's implementation program for the next 15 years (2015 through 2029). The program was developed by evaluating the requirements in the MS4 permit (see MS4 SWPPP Application for Reauthorization in Appendix B), reviewing existing information (Section 2), identifying potential and existing problems (Section 4), reviewing goals and policies (Section 5), and then assessing the need for programs, studies, maintenance, or projects. Costs were estimated, possible funding sources were identified, and a schedule was developed to complete the implementation activities. It is anticipated these tables will be updated/revised on a yearly basis. 6.2. Implementation Priorities The implementation components listed in Table 6.1 were prioritized to make the best use of available local funding, meet MS4 Permit requirements, address existing stormwater management problems, and prevent future stormwater management problems from occurring. Table 6.1 identifies which activities are MS4 Permit Requirements, Annual Requirements, or Capital Projects/Programs/Studies. The City's implementation plan reflects its responsibility to protect the public health, safety, and general welfare of its citizens by addressing problems and issues that are specific to the City of Brooklyn Center. 6.3. Financial Considerations The City will use funds generated from its Stormwater Utility as the primary funding mechanism for its implementation program including; maintenance, repairs, capital projects, studies, etc. If funds from this utility fee do not cover necessary costs, the City will consider adjusting the Stormwater Utility Fee to cover the costs associated with the implementation program. The City will continue to review the stormwater utility fee annually and adjust based on the stormwater related needs of the City and other available funding mechanisms. The City will also take advantage of grant or loan programs to offset project costs where appropriate and cost-effective. 6.4. Plan Revision and Amendments The City may need to revise this Plan to keep it current. Any significant amendments that are made to the plan must be submitted to the SCWMC and WMWMC for review and approval before adoption by the City. The City anticipates updating the Implementation Plan annually. These changes will be submitted to the Watershed Commissions for their record but not for review and approval. The City may amend this plan at any time in response to a petition by a resident or business. Written petitions for plan amendments must be submitted to the City Administrator. The petition must state the reason for the requested amendment, and provide supporting information for the City to consider the Surface Water Management Plan City of Brooklyn Center Section 6 WSB Project No. 1910-030 Page-1 SECTION 6 request. The City may reject the petition, delay action on the petition until the next full plan revision, or accept the petition as an urgent issue that requires immediate amendment of the plan. The City of Brooklyn Center may also revise/amend the plan in response to City-identified needs. This Plan is intended to be in effect for 10 years (implementation program outlines cost/activities for 15 years) per state statute. The Plan will be revised/updated at that time, to the extent necessary. Surface Water Management Plan City of Brooklyn Center Section 6 WSB Project No. 1910-030 Page-2 SECTION VI TABLE 6.1 LOCAL WATER _MANAGEMENT _IMPLEMENTATION_PLAN Proposed Cost By Year 1 _________ 15 Year Total 15 Year Cost Possible Cost Estimate Estimate (Soft Funding Sources No.Project Description 1,3 Costs)13 2 2015 2016 2017 2018 2019 2020 2021 20222023 2024 2025 2026 2027 2028 2029 Comments CIP Water Quality Degradation - Evaluate and construct See Section 4.1.B stormwater pretreatment devices upstream of the ponds east $25,000 -Stormwater Utility $25,000 of Palmer Lake Drive. Storm Sewer Infrastructure Improvements - Upgrade storm See Section 4.2.A and refer sewer in the coming years in conjunction with street Stormwater to the City CIP for more 2 reconstruction projects or other appropriate projects.$11,995,000 -Utility/Special $1,510,000 $1,090,000 $1,335,000 $2,100,000 $1,970,000 $1,630,000 $220,000 $230,000 $530,000 $400,000 $180,000 $190,000 $360,000 $150,000 $100 ,00()information on the annual Assessment street reconstruction schedule and program. Centennial Park East - Amphitheater Project associated See City CIP stormwater management improvements.$45,000 -Stormwater Utility $45,000 Storm Sewer - The storm pipe at 61st Avenue North and See Section 4.3.B Perry Avenue North has joint failures and sink holes causing 4 it to leak and transfer sediment. Evaluate and rehabilitate $150,000 -Stormwater Utility $150,000 storm sewer segment. Deteriorating Trunk Line - Rehabilitate the deteriorated storm See Section 4.3.0 sewer from 70th Avenue North and Willow Lane to the $300,000 -Stormwater Utility $300,000 Mississippi River. Faulty Backflow Preventer - The backflow preventer at See Section 4.31 6 Shingle Creek Parkway and John Martin Drive is not working $20,000 -Stormwater Utility $20,000properly and will need to be repaired. Storm Water Pond Maintenance Proiects - Maintain See Section 4.4.A and refer stormwater ponds and other BMPs on an annual basis The $1,494,000 -Stormwater Utility $213,000 $115,000 $20,000 $102,000 $86,000 $58,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 to the City CIP for more information on the annualSWAMP will help prioritize these maintenance activities pond maintenance schedule Shingle Creek Erosion - Shingle Creek Restoration Project at Stormwater Utility /-See Section 4.6.B Brooklyn Boulevard. This will involve a partnership with Brooklyn Park I8Brooklyn Park.$438,000 -SCWMC / Grant $88,000 $350,000 Funding SWPPP Surface Water Management Pian City of Brooklyn Center TABLE 6.1WSB Project No 1910-030 December 2014 SECTION VI Proposed Cost By Year' 15 Year Total 15 Year Cost Possible Cost Estimate Estimate (Soft Funding Sources No.Project Description 1,3 Costs)1'3 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 202720282029 Comments Public Education and Outreach Program - Refer to swppp See SWPPP Application for 9 $7,500 $7,500 Stormwater Utility / Staff Time $500 $500$500 $500 $500 $500$500 $500 $500 $500 $500 $500 $500 $500 $500 Reauthorization (Appendix B), Section 4.8.A Construction Site Stormwater Runoff Control - Refer to See SWPPP Application for 10 SWPPP $4,000 $4,000 Stormwater Utility /$4,000 Reauthorization (Appendix B). Staff Time Will be completed early 2015. Part 11.D.2 Water Resource Inventory - Refer to SWPPP See SWPPP Application for 11 $2,000 $2,000 Stormwater Utility /$2,000 Reauthorization (Appendix B). Staff Time Will be completed early 2015. Annual SWPPP Assessment & Annual Reporting - Refer to Stormwater Utility /See SWPPP Application for12SWPPP$22,500 $22,500 Staff Time $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500$1,500 $1,500 $1,500$1,500 $1,500 $1,500 $1,500 $1,500 Reauthorization (Appendix B) Part ll.D.S F.2 Annual Public Meeting/Event - Refer to SWPPP Stormwater Utility /See SWPPP Application for13$15,000 $15,000 Staff Time $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 Reauthorization (Appendix B) Part ll.D.S.F.2 Online Availability of the Stormwater Pollution Prevent Plan Stormwater Utility /See SWPPP Application for 14 (SWPPP) Program Document - Refer to SWPPP $7,500 $7,500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500$500 $500$500 Reauthorization (Appendix B)Staff Time Part ll.D.53 -IDDE Public Education and Outreach - Refer to SWPPP Stormwater Utility /See SWPPP Application for15$7,500 $7,500 Staff Time $500 $500 $500 $500 $500$500 $500$500 $500$500 $500 $500 $500 $500 $500 Reauthorization (Appendix B) Part ll.D.2Construction Site - Stormwater Runoff Control Program -Stormwater Utility /See SWPPP Application for16Refer to SWPPP $7,500 $7,500 Staff Time $500 $500 $500 $500 $500 $500 $500 $500 $500 $500$500$500 $500 $500 $500 Reauthorization (Appendix B) Part ll.D.2Post Construction Stormwater Management Program Stormwater Utility!See SWPPP Application forEvaluation/Update - Refer to SWPPP17 $5,000 $5,000 Staff Time $5,000 Reauthorization (Appendix B) Part 11.D.2-Municipal Operations Facility Inventory - Refer to SWPPP Stormwater Utility /See SWPPP Application for18$1,500 $1,500 Staff Time $1,500 Reauthorization (Appendix B) Part 11.D.5.F-Pollution Prevention & Good Housekeeping BMP's - Refer to Stormwater Utility /foSee SWPPP Application rSWPPP19$22,500 $22,500 Staff Time $1,500 $1,500 $1,500 $1,500 $1,500 $1,500$1,500 $1,500 $1,500 $1,500$1,500 $1,500 $1,500 $1,500 $1,500 Reauthorization (Appendix B) Part 11.D.51 Surface Water Management Plan City of Brooklyn center WSB Project No. 1910-030 TABLE 6.1December 2014 SECTION VI Proposed Cost By Year 1 15 Year Total 15 Year Cost Possible 1 1 1 1 1Cost Estimate Estimate (Soft Funding Sources No.Project Description 1,3 Costs)3'3 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Comments Routine Maintenance Pond Inspection and Maintenance - Maintain the SWAMP See SWPPP Application for (Storm Water Asset Management Program) to prioritize Reauthorization (Appendix B), inspection and maintenance of BMPs throughout the City to Section 4.4.A, See SWAMP 20 help manage vegetation, sedimentation, and other $52,000 $52,000Stormwater Utility $10,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000$3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 for more information. degredation issues. This program will also help estimate the effectivness of TP and TSS treatment of stormwater ponds. Street Sweeping - Continue to conduct street sweeping See SWPPP Application for operations of all public streets four times annually and as Reauthorization (Appendix B), 21 necessary. Refer to SWPPP.$1,500,000 $1,500,000 Stormwater Utility $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 refer to Street Sweeping Policy in Appendix H Fremont Place Townhomes Flooding - The outlet to the See Section 4.2.13 22 Fremont Place North townhomes pond is susceptible to $7,500 $7,500 Stormwater Utility $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500plugging and creates flooding issues The City will add this outlet to the Cities routine maintenance check list. Weir Maintenance - The Weir south of Bass Lake Road and See Section 4.3.E Shingle Creek Parkway is in need of continual maintenance. The City will conduct the flood protection maintenance Stormwater Utility 23 necessary and add it to its maintenance plan. Private $7,500 $7,500 Private Land $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 properties are responsible for aesthetic maintenance, City to Owner assist with maintenance to ensure an unrestricted weir. -Grit Chamber Maintenance - Biennial maintenance is needed See Section 4.5.A 24 to clean the underground grit chambers Regal Cinemas $155,000 $155,000 Stormwater Utility $15,000 $5,000 $15,000 $5,000 $15,000 $5,000 $15,000 $5,000 $15,000 $5,000$15,000 $5,000 $15,000 $5,000 $15,000 parking lot at Lyndale and 59th. -'ahlander Park Outfall Cleaning - The City will include See Section 4.5.13HCahiander Park Outfall in its routine maintenance program $7,500 $7,500 Stormwater Utility $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500$500 $500and continue to clean on a regular basis and evaluate alternative skimmer design. Surface Water Management Pian City of Brooklyn Center TABLE 8.1WSB Project No. 1910-030 December 2014 SECTION VI Proposed Cost By Year' 15 Year Total 15 Year Cost Possible Cost Estimate Estimate (Soft Funding Sources No,Project Description 1,3 Costs)1'3 2 201520162017 2018 2019 2020 2021 2022 2023 202420252026 2027 2028 2029 Comments Monitor and Study -Shingle Creek Flooding - The City is aware of flooding issues See Section 4.2.0 along the Shingle Creek Trail between Freeway Boulevard Stormwater Utility 26 and Shingle Creek Parkway. If action is needed the City will TBD TBD Three Rivers Park Complete a study and construction plans to address the District issue. Flooding Issue - The City will coninue to monitor flooding See Section 4.2.D issues on CR 130 to determine if improvements are 27 necessary, If necessary they will be completed in TBD TBD Stormwater Utility conjunction with a County reconstruction project in that area.Hennepin County Flooding at Kylawn Park Arboretum - The City is aware of 'See Section 4.2.E number of flooding issues in and around the park. The City will continue to monitor these problems and Complete a study28to determine feasible improvement options, Improvements TBD TBD Stormwater Utility will then be constructed as warranted. Peripheral Flooding - The Odysey ball field was regraded in See Section 4.2.F 2014/2015. If issues continue, the City will work with the City 29 of Crystal to have the outlet elevation from the 639 W $5,000 $5,000 Stormwater Utility $5,000 wetland lowered to or determine another solution to reduce flood potential. River Level Monitoring Program - A river level monitoring See Section 4.2.K 30 program will be developed to help respond and anticipate $9,000 $9,000 Stormwater Utility $2,000$500 $500$500 $500 $500$500$500 $500 $500 $500$500 $500 $500 $500flooding and erosion issues on the Mississippi River. Storm Sewer Monitoring - The City will continue to televise See Section 4.3.A storm sewer in conjunction with reconstruction projects and develop/implement a storm sewer routine inspection program31which will notify city employees when storm sewers need $150,000 $150,000 Stormwater Utility $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 cleaning, maintenance and replacement. Deteriorating Trunk Line - The city will continue to monitor the See Section 4.3.D trunk line along 65th Avenue between Cahlander Park and 32 Shingle Creek as the exsting line is deteriorating. The line $403,000 $403,000 Stormwater Utility $3,000 $400,000 will need to be televised and repaired as necessary. Palmer Lake - The City will continue to monitor Palmer Lake See Section 4.4.13 for proper drainage of Shingle Creek and if necessary TBD TBD Stormwater Utilitydevelop a management plan for Palmer Lake. Erosion and Monitoring Program - Regular river bank See Section 4.9.A stabilization inspections will need to be completed along the Mississippi River to monitor and help prevent any future $15,000 $15,000 Stormwater Utility $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000$1,000 $1,000 $1,000 $1,000$1,000 $1,000 erosion issues and sanitary sewer washouts. Surface Water Management Pian City of Brooklyn Center wss Project No. 1910-030 TABLE 9.1 December 2014 SECTION VI Proposed Cost By Year' 15 Year Total 15 Year Cost Possible Cost Estimate Estimate (Soft Funding Sources No.Project Description 1,3 Costs)1'3 2 2015 2016 2017 2018 2019 2020 2021 2022 202320242025 2026 2027 20282029 Comments Other -Centennial Park East - Flooding occurs at the ball fields and -See Section 4.2.G trails during large rainfall events. The City installed a berm 35 and pump system in 2014/2015. This area will continue to be $50,000 Stormwater Utility $40,000 $10,000 monitored to evaluate if additional flood reduction measures are needed Centennial Park East - Inlet safety freature southeast corner $50,000 Stormwater Utility $50,000 See Section 4.2.H of City Hall campus Earle Brown Center - The City will evaluated and work with See Section 4.2.1 37 Embassy Suites to fix the pond liner.$10,000 $10,000 Stormwater Utility I $10,000Embassy Suites Fish and Weed Management -The City will work with See Section 4.1 .0 neighboring cities and watershed to develop a fish and Stormwater Utility / 38 vegetation management plan for Upper and Middle Twin TBD TBD Neighboring Cities Lakes / SCWMC I Grant Funding TOTAL $16,991,000 $2,424,000 $2,062,000$1,427,000 $1,512,000 $2,329,000 $2,843,000 $1,965,000 $857,000$457,000 $767,000 $627,000$417,000$417,000 $597,000 $377,000$337,000 5 Cost estimates are preliminary and subject to review and revision as engineer's reports are completed and more information becomes available. Table reflects 2015 costs and does not account for inflation. Costs generally include labor, equipment, materials, and all other costs necessary to complete each activity. Some of the costs outlined above may be included in other operational costs budgeted by the City. 2 Funding for stormwater program activities projected to come from following sources - Surface Water Management Fund, Developers Agreements, Grant Funds, General Operating Fund, or Special Assessments. Staff time is not included in the cost shown. Surface Water Management Plan City of Brooklyn Center WSS Project No. 1910-030 TABLE 6.1 December 2014 E I 1 --• It -- / 1 ' r/ II S - ---' o - I 3 / I 0 I w I0 * • j I - — o I -- v--- ---.---- -- I/i , E) I SAW IE Mo IE I ; Apt -m : a)- -I---a H ------------ -- / -- -V.– — 0; çI — c - - - _L___ --- --------------- ------ - rr IT co / I I ;— I — S t = - 5- I -a I I-0 - I 3 )E Ico I Co 0 5 0 a I = p C)\ ---------J S r a S 4' ,"- - r -Co 15 5 1 '- S S iz U) L!) 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C ULVUNU? ',UVUUUhI BO/L CV) SE) dUOS flOSOIJV £0 U MS4 SWPPP Application for Reauthorization and BMP Sheets Surface 'Water Management Plan City of Brooklyn Center WSB Project No. 1910-030 APPENDIX B Minnesota Pollution Control Agency - 520 Lafayette Road North I S. Paul, Mfrmnasota 55155-4194 I 651-296-6300 -iu-I U10, , t ,,, February 10, 2014 Steven Lillehaug City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Incomplete Stormwaer Pollution Prevention Program Document: City of Brooklyn Center Dear Mr, Lillehaug: Thank you for submitting a Stormwater Pollution Prevention Program (SWPPP) Document to the Minnesota Pollution Control Agency (MPCA) as part of your application for the 2013 National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Small Municipal Separate Storm Sewer System (MS4) General Permit. Pursuant to the requirements of a Minnesota Court of Appeals ruling, the MPCA is required to provide public notice and opportunity for hearing on each MS4's proposed SWPPP Document. Based on the technical review, the MPCA has determined that your SWPPP Document does not meet the minimum permit requirements; therefore, it is not ready for public notice. Accordingly, the MPCA requires that (, you address the following sections where staff deemed that responses were inadequate or require further clarification: II. Description of Regulatory Mechanisms: (Part 11,0.2.) Construction site stormwater runoff control, B. and C. (pages 4-5): To be as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit), the city's ordinance must incorporate each of the eight erosion and sediment controls as described in Part llI.D.4.a.(1)-(8). Read 'Satisfying Regulatory Mechanism requirements for Construction Site Stormwater Runoff Control in Municipal Stormwater Permits' (attached to the email) to see how each of the eight MS4 Permit requirements relates to the CSW Permit. - Check 'No' for B. and 'No' for 1.-8. in C. and describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, the city's ordinance will be at least as stringent as the CSW Permit. o While Rule E. in SCWMC & WMWMC Rules and Standards is as stringent as the CSW Permit by reference to the NPDES General Construction Permit (Rule E.3.(b)). The city would need to reference this Rule (or all of the Rules), or reference the CSW Permit, in city ordinance, to satisfy this requirement. • II. Description of Regulatory Mechanisms (Part ll.D.2.), Post-construction stormwater management A. (page 5): The city must meet one of the three following conditions: 1. Adopt language into city ordinance for MCM 5 that includes all of Shingle Creek (, Watershed Management Commission's rules and West Mississippi Watershed Management Commission's rules for Stormwater Management (Rule D). Commit to wq5trrn4.590 . 1117I13 . Doc Type Public Notice updating the city's ordinance to include all of the requirements in Part IILD.5.a. if the Watershed Management Commissions' rules lack any of the requirements. 2.Adopt language into city ordinance which states applicants will have to meet the requirements of Shingle Creek Watershed Management Commission's rules and West Mississippi Watershed Management Commission's rules regarding Post- Construction permanent stormwater treatment. Commit to updating the city's ordinance to include all of the requirements in Part IILD.5.a. if the Watershed Management Commissions' rules tack any of the requirements. 3.Adopt language into city ordinance which incorporates the post-construction requirements in Part lll.D.5.a. of the MS4 Permit. MS4 Permit TMDL Attachment Spreadsheet: The MPCA has updated the numeric WIAs in the 'Master List M54 Permit TMDLs Spreadsheet' for the Twin and Ryan Lakes Nutrient TMDL to follow the shallow lake standard. If the city so chooses, it may update its MS4 Permit TMDL Attachment Spreadsheet to reflect these updated numeric WLA values. The MPCA asks that you address these issues within seven days. If you do not believe you can resolve the issues in this timeframe, you will need to develop a reasonable schedule, The MPCA is willing to provide technical assistance to help you revise and complete your SWPPP Document. Please contact me at 651-757-2880 or e-mail cole.landgraf@state.mn.us if you have any questions. When you have made your changes, return the revised SWPPP Document to me via email at cole.landgraf©state.mn.us . Sincerely, a0 T1 ocurn't hos been ekc1rnJca!Iysijod Cole Landgraf Pollution Control Specialist Stormwater Section Municipal Division cc: Brooklyn Center MS4 File I CITY OFBIROOKLYN, CENTLk A GREAT PLACE TO START, A GREAT PLACE TO STAY Feb. 14, 2014 www.cityofbrook!yncenter.o ( Cole Landgraf MPCA 520 Lafayette Rd North St. Paul, Minnesota 55155-4194 Dear Mr. Landgraf, Please find the attached re-submittal of the City of Brorjklyo Center's MS4 SWPPP application for re- authorization. The revisions to the document have been made based on the MPCA's Incomplete Stormwater Pollution Prevention Program Document's letter, dated Feb 10, 2014. Per the MPCA's letter, revisions were made to the section on 'Description of Regulatory Mechanism", in regards to the construction site stormwater runoff control and post-construction stormwater management portions of the SWPPP application for re-authorization document. These changes include the requested MPCA revisions and a further discussion how the City of Brooklyn Center will meet the requirements, in the time frame allowed following the document's approval by MPCA. Having completed the requested revisions to the M54 SWPPP application for re-authorization document, the City of Brooklyn Center looks forward to the MPCA approving the document in its' updated form and having the document put on Public Notice. If you have any additional questions or comments, please contact me via email at ahoggci.brooklyncenter,rnn.us. Sincerely. 6LcL3 L/ Andrew Hogg, RE Assistant City Engineer City Hall - Cainrnuinlly Cnli Police & Fire Dopiirtnicnts 01 Shingle Creek Pstkwa C301 Sting!e Creek Parkey 0645 UunboMI Avenlio 1Jorlli Derldyti Cnle, MN 43021g Uroid'n Cnlar, MN 5420-2l Broktyri Center, MN 551513 763.30: Fax: 7356494 763.56,400 Fax: 783,5G 3454 73.59.333 Fax: 7050.01I7 O Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 M54 SWPP Appcto for Roiuithorztkw for the S15l05 G eneral Small Municipal Separate Storm Sewer System (11JiS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS45) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. No fee is required with the submittal of this application. Please refer to Example' for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at httg://www.pca.state.mn .uslms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprog ram. castate.mn.us from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochsteincstate.mn.us , Dan Miller at 651-757-2246 or daniel.millerstate.mn.us , or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Brooklyn Center *County: Hennepin County (city, county, municipality, government agency or other entity) *M a ili ng address: 6301 Shingle Creek Parkway *Cit y: Brooklyn Center *State: MN *zip code: 55430 *Ph one (including area code): 763.569.3340 *Email: publicworksci.brooklyn-center.mn.us MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *L as t name: Lillehaug *First name: Steven (department head, MS4 coordinator, consultant, etc.) *Titl e : City Enoineer/Director of Public Works *M a ili ng address: 6301 Shingle Creek Parkway *Cit y : Brooklyn Center *State: MN *Zip code: 55430 *Ph one (including area code): 763.569.3340 *Email: publicworks©ci.brooklyn-center.mn.us Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: First name: (department head, MS4 coordinator, consultant, etc.) Title Mailing address: City: State: Zip code: Phone (including area code): E-mail: Verification 1.I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part H.D.). MYes 2.I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. H Yes www.pca.state.mn.us . 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Avaitabte in alternative formats wq-strm4-49a • 5131113 Page 1 of 15 Certification (All fields are required) Yes I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. § 7001.0070 and 7001.0540. The authorized person with overall, M54 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Steven L. Lillehaug (This document has been electronically signed) Title: City Engineer/Director of Public Works Mailing address: 6301 Shingle Creek Parkway City: Brooklyn Center Phone (including area code): 763.569.3340 Date (mm/ddlyyyy): 02/14/2014 State: MN Zip code: 55430 - E-mail: publicworks@ci.brooklyn-center.mn.us Note: The application will not be processed without certification. www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 2of15 Stormwater Pollution1Prevention1Program Pi.i.uiiiiiii I, Partnerships: (Part II.D.1) A.List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. Li No partnerships with regulated small MS4s Name and description of partnership MCM/Other permit requirements involved Shingle Creek Watershed Management Commission (SCWMC) - Joint Powers Agreement with Maple Grove, Brooklyn Park, Champlin, Osseo, New Hope, Minneapolis, Robbinsdale, Crystal and Plymouth The City participates in the SCWMC through meetings, ongoing communication, coordination of water resources related activities, TMDLs, educational efforts, projects, grant seeking, studies, etc.MCMs 1, 2, 3, 4, 5 and 6 West Mississippi Watershed Management Commission (WMWMC) - Joint Powers Agreement with Brooklyn Park, Champlin, Maple Grove and Osseo The City participates in the WMWMC through meetings, ongoing communication, coordination of water resources related activities, TMDLs, educational efforts, projects, grant seeking, studies, etc.MCMs 1, 2, 3, 4, 5 and 6 West Metro Water Alliance (WMWA) - informal collaboration of SCWMC, WMWMC, Basset Creek WMO, Elm Creek WMO and Pioneer-Sarah Creek WMO The City participates in the WMWA to create education opportunities and outreach MCMs 1, 2, 3, 4, 5 and 6 B.If you have additional information that you would like to communicate about your partnerships with other regulated small M54(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4Name Here_Partnerships. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part lll.D.3.b.)? Z Yes Li No 1. If yes: a Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Li Contract language Li Policy/Standards Li Permits Li Rules Li Other, explain: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Available in alternative formats wq-strm4-49a • 5131113 Page 3of 15 b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Brooklyn Center City OrdinanceSection 4-404 CONNECTIONS AND DISCHARGES TO THE STORMWA TER SYSTEM, Subdivision 6. Discharge Prohibitions Direct link: http://bc-img.ci.brooklyn-center.mn . us/VvebLink8/Browse.aspx ?startid= 1392&dbid=0 Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_lDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? 0 Yes LI No 1. If yes: a.Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance LI Contract language LI Policy/Standards LI Permits LI Rules LI Other, explain: b.Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation Brooklyn Center City OrdinanceSection 35-235 PERMIT FOR LAND DISTURBING ACTIVITIES; and SCWMC &WMWMC 3 rd Generation Wateshed Management Commission Rules and Standards Appendix C Rule E Erosion and Sediment Control Direct link: http:/Ibc-img.ci.brooklyn-center.mn . us/WebLink8IB ro wse. aspx?startid= 1392&dbid=0 Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere. CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? LIYes Z No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: The City will comprehensively review existing regulatory mechanisms in place and revise where necessary to ensure that the Construction site standards will be at least as stringent as the MPCA General Permit requirements for MCM 4 from the NPDES Construction Stormwater (CSW) General Permit. We anticipate this review in spring of 2014 with ordinance revisions to follow within 12 months of permit coverage. C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part lll.D.4.a.(1)-(8)), and as listed below: 1.Best Management Practices (BMPs)to minimize erosion. LI Yes 2 No 2.BMPs to minimize the discharge of sediment and other pollutants. LI Yes 0 No 3. BMPs for dewatering activities. LI Yes 0 No 4. Site inspections and records of rainfall events LI Yes 0 No WWW. pca. state. mn ,us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-490 • 5131113 Page 4 of 15 5.BMP maintenance El Yes 0 No 6.Management of solid and hazardous wastes on each project site. El Yes ED No 7.Final stabilization upon the completion of construction activity, including the use of perennial El Yes 0 No vegetative cover on all exposed soils or other equivalent means. 8.Criteria for the use of temporary sediment basins. El Yes 0 No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: City staff will review and compare Rule E.3(6b)) of the SCWMC & WMWMC Rules and Standards and CSW Permit and select an ordinance reference from the.fore mentioned options that best meets the city's' needs, while being as stringent as the CSW permit. We anticipate this review in spring of 2014 with ordinance revisions to follow within 12 months of permit coverage Post-construction stormwater management A. Do you have a regulatory mechanism(s) to address post-construction stormwater management activities? EYes El No 1. If Yes: a.Check which type of regulatory mechanism(s) your organization has (check all that apply): El Ordinance El Contract language El Policy/ Standards El Permits Rules Other, explain: Utility Facilities Easement Agreement and SC/WM WMC Third Generation Plan Rules and Standards (Appendix C) b.Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file-naming convention: MS4NameHere_PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part llI.D.5.a.): 1.Site plan review: Requirements that owners and/or operators of construction activity submit 0 Yes El No site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2.Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects - no net increase from pre-project conditions (on an annual ED Yes El Noaverage basis) of: 1)Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part IIl.D.5.a(3)(a)). 2)Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. For redevelopment projects - a net reduction from pre-project conditions (on an annual 0 Yes El Noaverage basis) of: 1)Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2)Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-490 • 5131113 Page 5of 15 a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction Yes El Nostormwater management in the Permit (Part llI.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a)Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b)Where vehicle fueling and maintenance occur. c)With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d)Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction 0 Yes Li No stormwater management in the Permit (Part lll.D.5.a(2)), without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a)With predominately Hydrologic Soil Group D (clay) soils. b)Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c)Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13. d)Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume 0 Yes LI No control practices that meet the conditions for post-construction stormwater management in the Permit (Part lll.D.5.a(2)), the permittee's regulatory mechanism(s) may allow exceptions as described in the Permit (Part lll.D.5.a(3)(b)). The permittee's regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. 4. Mitigation provisions: The permittee's regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: 0 Yes El No 1)Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2)Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3)Locations in the next adjacent DNR catchment area up-stream 4)Locations anywhere within the permittee's jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the M Yes El Noretrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c.Routine maintenance of structural stormwater BMPs already required by this permit cannot Yes El Nobe used to meet mitigation requirements of this part. d.Mitigation projects shall be completed within 24 months after the start of the original 0 Yes El No construction activity. e. The permittee shall determine, and document, who will be responsible for long-term M Yes El No maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity N Yes El No for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part lll.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part lll.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee's regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit (Part lll.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee's MS4, and that are in the permittee's jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or 0 Yes El No operated by the permittee, perform necessary maintenance, and assess costs for those www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available inalternative formats wq-strm4-49a - 5131113 Page 6 of 15 structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b.Include conditions that are designed to preserve the permittee's right to ensure maintenance Z Yes El No responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. c.Include conditions that are designed to protect/preserve structural stormwater BMPs and ED Yes No site features that are implemented to comply with the Permit (Part III. D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMP5 must be implemented to ensure the conditions for post-construction stormwater management in the Permit (Part Ill.D.5.a(2)) continue to be met. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: The City of Brooklyn Center currently enforces post construction management with SCWMC & WMWMC rules and the Utility Facilities Easement Agreement. City staff will review the SCWMC & WMWMC Rules and Standards. The City will develop an ordinace either referencing or incorporating the SCWMC & WMWMC Rules and Standards as a pad of an city ordinance. Where the SCWMC & WMWMC rules fall to meet the all the requirements of Part lll.D.5.A, the city will add additional requirements to ensure all requirements of Part 111.0. 5.A are meet. We anticipate this review in spring of 2014 with ordinance revisions to follow within 12 months of permit coverage.. III. Enforcement Response Procedures (ERPs): (Part H.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part IIl.B.)? 0 Yes L No 1.If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere_ERPs. 2.If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: B. Describe your ERPs: Brooklyn Center's enforcement procedures for each element are contained in each referenced document as follows: - forPart III. D.3 - City Ordinance for Illicit Discharge and enforcement actions (see Brooklyn Center loDEreg) - for Part III. D.4 - Construction Management Agreement (see Brooklyn Center ERP5) - for Part 11l.D.5 - City Ordinance and Utilities Facilities Easement Agreement and SCWMC & WMWMC 3rd Generation Plan Appendix C (see Brooklyn Center POSTCS Wreg) IV. Storm Sewer System Map and Inventory: (Part LDA) A.Describe how you manage your storm sewer system map and inventory: The storm sewer map and inventory are managed using an integrated GIS system that is updated by our GIS Technician and is available online for authorized use. The map depicts all system components and a linked geodatabase provides specific component information. It also links to asbuilt record drawings and other important information. The mapping and data system are continuously updated. B.Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part IIl.C.1.a-d), as listed below: 1.The permittee's entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in M Yes El No diameter, including stormwater flow direction in those pipes. 2.Outfalls, including a unique identification (ID) number assigned by the permittee, and an 0 Yes fl No associated geographic coordinate. 3.Structural stormwater BMPs that are part of the permittee's small M54. 0 Yes D No 4.All receiving waters. M Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: www.pca.state.mn.us . 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 7of 15 C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28: with the following inventories, according to the specifications of the Permit (Part Ill.C.2.a.b.), including: 1.All ponds within the permittee's jurisdiction that are constructed and operated for purposes of Yes Lii No water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2.All wetlands and lakes, within the permittee's jurisdiction, that collect stormwater via constructed 0 Yes LII No conveyances. D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1.A unique identification (ID) number assigned by the permittee. E Yes El No 2.A geographic coordinate. 0 Yes LjJ No 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional EJ Yes L No judgment. If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA []Yes M No on the form provided on the MPCA website at: http:Ilwww.pca.state.mn.us/ms4 , according to the specifications of Permit (Part lll.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere_inventory. If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCM5) (Part II.D.5) A. MCMI: Public education and outreach The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The City of Brooklyn Center has and will continue to facilitate/improve an education program that is am/ed at educating residents, businesses, contractors and City staff and officials about various storm water quality topics including hazards associated with illicit discharges, improper disposal of waste and environmental management through a combination of newsletter articles, announcements, presentations, brochures, meetings and during property evaluations. The goal is to improve all audiences' behavior to protect the quality and integrity of our water bodies. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency's (EPA) Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.qov/npdes/rmbs/measurableqoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Newsletters 4 editions annually with audience of 30,000/each Brochure Published annually with audience of 300 Earthfest event Participate once annually Updates to City Council Updates provided once per month Website links Maintained serviceable Great Shingle Creek Watershed Cleanup Hold annual event Volunteer Storm Drain Stenciling Annual Goal to stencil prior year's reconstruction project area Annual Public Info and Open House meeting Hold annual event www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4.49a 5131113 Page 8 of 15 Pre-Construction Meetings for New Number of consultations 0mg, as neede Public Complaint Receipt Process and Documentation I Maintain process BMP cateqories to be im Measurable aoals and timeframes 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Steven Lillehaug, City Engineer/Director of Public Works B. MCM2: Public participation and involvement The Permit (Part Ill.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: The City of Brooklyn Center has and will continue to implement an effective public participation and involvement program. The SWPPP document is accessible online, paper copies of the SWPPP are available at City Hall, and an annual meeting aimed at solicting public input on the SWPPP is widely advertised at least 30 days in advance of the annual meeting. The City welcomes comments before, during and after the meeting. Comments on the program are accepted at any time throughout the year. All comments are evaluated and considered continuously. Documentation of public participation and the City's evaluation of any comments is maintained in accordance with the Permit guidelines. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small M54s (http://www.ega.govinpdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Public Info and Open House Meeting Hold annual meeting Articles on Storm Water Topics Published in City Newsletter 4 editions annually Education Materials and Brochures Published annually with audience of 300 Web Site Links Maintained serviceable Great Shingle Creek Watershed Cleanup Hold annual event Volunteer Storm Drain Stenciling Annual Goal to stencil prior year's reconstruction project area Public Complaint Receipt Process and Documentation Maintain process BMP categories to be implemented Measurable goals and timeframes 3.Do you have a process for receiving and documenting citizen input? M Yes II No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4.Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-490 5131113 Page 9of 15 MCM: Steven Lillehaug, City Engineer/Director of Public Works C. MCM 3: Illicit discharge detection and elimination 1.The Permit (Part 111.0.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City of Brooklyn Center's program consists of public education, maintaining a storm sewer base map, a City Ordinance, monitoring, enforcement and an action plan. 2.Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part Ill.D.3.c.-g.)? a.Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under the Permit (Part Ill.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). b.Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c.Training of all field staff, in accordance with the requirements of the Permit (Part lll.D.6.g.(2)), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d.Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e.Procedures for the timely response to known, suspected, and reported illicit discharges. f.Procedures for investigating, locating, and eliminating the source of illicit discharges. lZIYes [-]No Yes El No EYes El No jYes El No EYes El No EYes El No g.Procedures for responding to spills, including emergency response procedures to prevent spills from 0 Yes LI No entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. § 115.061. h.When the source of the illicit discharge is found, the permittee shall use the ERPs required by the 0 Yes LI No Permit (Part lll.B.) to eliminate the illicit discharge and require any needed corrective action(s). If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.qov/npdes/pubs/measurableqoals.rdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Public Info and Open House Meeting Hold annual meeting Articles on Storm Water Topics Published in City Newsletter 4 editions annually Education Materials and Brochures Published annually with audience of 300 Web Site Links Maintained serviceable Great Shingle Creek Watershed Cleanup Hold annual event Volunteer Storm Drain Stenciling Annual Goal to stencil prior year's reconstruction project area Public Complaint Receipt Process and Documentation Maintain process Storm Sewer Base Map and GIS system Maintain continually Illicit Discharge Ordinance and Enforcement Monitor, maintain and enforce continually www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Avaitabte in alternative formats wq-strm4-49a • 5131113 Page 10of 15 Illicit Discharge Action Plan Monitor and maintain continually System inspection and operation maintenance plan Maintain continually Street sweeping program Sweep 4 times annually and periodically as needed Stockpile, storage and material handling program Maintain continually City Fleet and Building Operation and Maintenance program Maintain continually Discharges affecting source water protection areas Inspect and maintain annually and continually BMP categories to be implemented Measurable goals and timeframes 4.Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? 0 Yes LI No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: 5.Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Steven Lillehaug, City Engineer/Director of Public Works D. MCM 4: Construction site stormwater runoff control The Permit (Part IIl.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City fo Brooklyn Center in cooperation with the local WMO has an established program of policies and procedures that effectively controls construction site storm water and provides for the necessary inspection and enforcement measures. The City has an ordinance that provides the basis for the program, which abides to all requirements set for in the MPCA's General Stromwater Permit for Construction Activity. The program consists of a Construction Management Agreement between the City and developer, an approved site specific SWPPP, certified installers/maintainers/inspectors, City quality control monitoring, enforcement elements, and a final inspection/acceptance procedure. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part lll.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of Yes [--]No construction activity? b.Does the site plan review procedure include notification to owners and operators proposing 0 Yes LI No construction activity that they need to apply for and obtain coverage under the MPCA's general permit to Discharge Stormwater Associated with Construction Activity No. MN RI0000I? c.Does your program include written procedures for receipt and consideration of reports of 2 Yes LI No noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1)Does your program include procedures for identifying priority sites for inspection?0 Yes LI No 2)Does your program identify a frequency at which you will conduct construction site N Yes LI No inspections? 3)Does your program identify the names of individual(s) or position titles of those responsible for M Yes LI No conducting construction site inspections? 4)Does your program include a checklist or other written means to document construction site 9 Yes LI No inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be 0 Yes LI No disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to Yes LI No determine project approval or denial? www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-490 5131113 Page 11 of 15 g. Does your program retain construction site inspection checklists or other written materials used to Yes LII No document site inspections? If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 3.List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS45 (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Public Info and Open House Meeting Hold annual meeting Articles on Storm Water Topics Published in City Newsletter 4 editions annually Education Materials and Brochures Published annually with audience of 300 Web Site Links Maintained serviceable Public Complaint Receipt Process and Documentation Maintain process Stormwater Pollution Prevention Plan (SWPPP) review, approval and procedures Maintain process SWPPP Inspection Program Maintain process SWPPP Enforcement Program Maintain process BMP categories to be implemented Measurable goals and timeframes 4.Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Steven Lillehaug, City Engineer/Director of Public Works E. MGM 5: Post-construction stormwater management The Permit (Part lll.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: The City of Brooklyn Center in cooperation with the local WMO has an established program of policies and procedures that effectively monitors and maintains post-construction site stormwater standards and BMPs. The City has an ordinance that provides the basis for the program, which abides to all requirements set for in the MPCA's General Stromwater Permit for Construction Activity. The program consists of a Utility Facilities Easement Agreement between the City and the property owner to ensure adequate inspection and maintenance are being performed on all established BMPs on an annual basis. 2.Have you established written procedures for site plan reviews that you will conduct prior to the start of 0 Yes LII No construction activity? 3.Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit (Part lll.D.5.c.): a.Any supporting documentation that you use to determine compliance with the Permit (Part E Yes El No llI.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b.All supporting documentation associated with mitigation projects that you authorize? E Yes El No c. Payments received and used in accordance with Permit (Part Ill.D.5.a.(4)(f))? E Yes El No www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Availabte in alternative formats wq-strm4-49a • 5131113 Page 12 of 15 d. All legal mechanisms drafted in accordance with the Permit (Part lll.D.5.a.(5)), including date(s) of H Yes LI No the agreement(s) and names of all responsible parties involved? If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 4.List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://ww.epa.cov/ndes/IDubs/measurabIegoaIs.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Public Info and Open House Meeting Hold annual meeting Articles on Storm Water Topics Published in City Newsletter 4 editions annually Education Materials and Brochures Published annually with audience of 300 Web Site Links Maintained serviceable Stormwater Pollution Prevention Plan (SWPPP) review, approval and procedures Maintain process Post Construction Rules, Standards and Plan Reviews Maintain process Long-term operation and maintenance of stormwater system Maintain system BMP cateqories to be implemented Measurable goals and timeframes Surface Water Management Plan I Update in 2014-15 5.Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Steven Lillehaug, City Engineer/Director of Public Works F. MCM 6: Pollution prevention/good housekeeping for municipal operations The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small M54. Describe your current program: The City of Brooklyn Center has an established program of policies and procedures that effectively inventories, monitors and maintains all BMPs, both temporary and permanent, to prevent and reduce the discharge of pollutants from City facilities and operations. The City's pro gam uses schedule inspections, scheduled maintenance, best management practices, and scheduled training to ensure adequate inspection and maintenance are being performed on all established BMPs continually and on an annual basis. 2.Do you have a facilities inventory as outlined in the Permit (Part 111.D.6.a.)? LI Yes 0 No 3.If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: An inventory will be compiled by June 2014 and provided to the MPCA for review. 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-490 . 5131113 Page 13 of 15 Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/ripdes/oubslmeasurableoaIs.df). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Public Info and Open House Meeting Hold annual meeting Articles on Storm Water Topics Published in City Newsletter 4 editions annually Education Materials and Brochures Published annually with audience of 300 Web Site Links Maintained serviceable Great Shingle Creek Watershed Cleanup Hold annual event Longterm operation and maintenance of stormwater system Maintain system System inspection and operation maintenance plan Maintain continually Street sweeping program Sweep 4 times annually and periodically as needed Employee training Hold annual training and additional training as needed Stockpile, storage and material handling program Maintain continually City Fleet and Building Operation and Maintenance program Maintain continually Record retention for SWPPP Maintain continually Annual report for SWPPP Produce this annually Discharges affecting source water protection areas Inspect and maintain annually and continually BMP categories to be implemented Measurable goals and timeframes 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part IIl.D.6.c.)?Yes LI No a.If no, continue to 6. b.If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/ehtwater/swp/maslindex,htm . Is a map including the following items available for your MS4: 1)Wells and source waters for drinking water supply management areas identified as 0 Yes LI No vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330? 2)Source water protection areas for surface intakes identified in the source water E Yes LI No assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. § 300j —13? c. Have you developed and implemented BMPs to protect any of the above drinking water 0 Yes LI No sources? 6. Have you developed procedures and a schedule for the purpose of determining the 155 and LI Yes No TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part Ill. D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit (Part Ill.D.6.e.(1)-N Yes LI No (3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Pose 14 of 15 handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee's job duties that: a.Addresses the importance of protecting water quality? 0 Yes LI No b.Covers the requirements of the permit relevant to the duties of the employee? R Yes LI No c. Includes a schedule that establishes initial training for new and/or seasonal employees and 0 Yes LI No recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit 0 Yes LII No (Part lll.D.6.h.(1)-(5))? If you answered no to any of the above permit requirements listed in Questions 5 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: TP and TSS treatment effectiveness of storm water ponds will be developed with the 2014-15 storm water management plan update. 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Steven Lillehaug, City Engineer/Director of Public Works VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part 11.0.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date H Yes LII No of the Permit? 1.If no, continue to section VII. 2.If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part 11.0.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which LI Yes Z No are regulated by this Permit (Part IlI.F.)? 1.If no, this section requires no further information. 2.If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere TreatmentSystem. This form is found on the MPCA MS4 website: http:l/www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program www.pca.state.mn.us . 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a 5131113 Page 15 of 15 Minnesota Pollution Control Agency 52o Lafayette Road North I St. Pau', Minnesota 55155-494 1 65-296-6300 800 -6573864 j 651-282 -5 ^ 32 11.' o'vipcasratemnusI Equal Oppostunisy Employer April 17, 2014 Steven Lillehaug City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Issuance of Coverage under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit MNR040000 for Municipal Separate Storm Sewer Systems for City of Brooklyn Center MS4 Dear Mr. Lillehaug: In accordance with Minn. R. 7001.0140, the Commissioner of the Minnesota Pollution Control Agency (MPCA) has made a final determination to issue coverage under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit MNR040000 for Municipal Separate Storm Sewer Systems (MS4 General Permit) to the City of Brooklyn Center, effective April 17, 2014. Please find enclosed a copy of the above referenced MS4 General Permit. The MPCA's final decision to issue permit coverage is based on the following: MPCA staff has reviewed your MS4 General Permit application and Stormwater Pollution Prevention Program (SWPPP) Document. Public notice and opportunity for comment on your MS4 General Permit application and SWPPP Document has been provided, and no comments were received. As you know, it is the responsibility of the MS4 owner and/or operator to comply with the requirements of the MS4 General Permit and your SWPPP Document. This issuance of coverage does not preclude the MPCA from following up with an inspection or audit to verify compliance with the MS4 General Permit and SWPPP Document. Also, be aware that as a condition of recordkeeping, Part IV.C.3. of the MS4 General Permit requires that the permittee retain their SWPPP Document and all records pertinent to it for at least three (3) years beyond the term of the MS4 General Permit. In addition, for an MS4 that was covered under the previous MS4 General Permit (issuance date June 1, 2006), coverage under that permit is terminated on the coverage date as specified above. An MS4 covered under the new MS4 General Permit is required to report on activities that were required or committed to under the previous permit. wq-strm4-59p 1116114 Doc Type: Permit Approval City of Brooklyn Center Page 2 April 17, 2014 Finally, the MPCA thanks you for your cooperation in the permitting process. Please retain this letter as documentation of your MS4 General Permit coverage under the NPDES/SDS Permit iAIlihITEsI$i,IsJ Please contact MS4 team member Cole Landgraf at 651-757-2880 with any questions. Sincerely, t've'4't'& C4t4'O't' This document has been electronically signed. Duane Duncanson Supervisor, Municipal Compliance Unit I St. Paul Office Municipal Division cc: Brooklyn Center MS4 File wq-strm4-59p 1116114 Doc Type: Permit Approval