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2015 04-13 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION April 13, 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. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 13, 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.March 23, 2015 - Study Session 2.March 23, 2015 - Regular Session b. Licenses C. Resolution Designating 2015 Planting List of Allowable Boulevard Tree Species d.Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Third Consecutive Year e.Resolution of Support for the Three Rivers Park District Application to the Hennepin County 2015 Bikeway Participation Program for the Twin Lakes Regional Trail f. Approve Meeting Schedule for 2016-2017 Budget CITY COUNCIL AGENDA -2- April 13, 2015 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Gary Coleman Requested Council Action: —Motion to adopt resolution. b.The Brooklyn Bridge Alliance for Youth Requested Council Action: —None; presentation only. C. Resolution Expressing Appreciation for the Donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration Requested Council Action: —Motion to adopt resolution. d.Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 Earle Brown Days Celebration Requested Council Action: —Motion to adopt resolution. e.Proclamation Declaring April 24, 2015, as Arbor Day and May 2015 as Arbor Month in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. f.Proclamation Declaring April 18-25, 2015, as the Great Shingle Creek Watershed Cleanup Week Requested Council Action: —Motion to adopt proclamation. g.Proclamation Declaring April 22, 2015, as Earth Day in Brooklyn Center Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings a. Resolution Amending Levy No. 19058 and Certifying the Amended Special Assessments for Improvement Project No. 2015-01, Freeway Park Area Street Improvements to the Hennepin County Tax Rolls —This item was published in the official newspaper on December 18 and 25, 2014; was offered for Public Hearing on January 12, 2015, at which time one property was removed from the assessment; and is offered this evening to reopen the Public Hearing. Requested Council Action: —Motion to reopen Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 13, 2015 b. An Ordinance Relating to a Permit for Land Disturbing Activities; Amending City Code Section 35-235 and Removing City Code Section 35-2230 —This item was first read on March 23, 2015; published in the official newspaper on April 2, 2015; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. Planning Commission Items —None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6220 France Ave N, Ewing Square 2.4213 63rd Ave N 3.5607 Lyndale Ave N 4.6324 Scott Ave N 5.Resolution Approving a Type IV Rental License for 3901 Burquest Lane 6.Resolution Approving a Type IV Rental License for 5001 Ewing Ave N 7. Resolution Approving a Type IV Rental License for 7169 Unity Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. 11. Council Report 12. Adjournment 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 MARCH 23, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Kevin Benner, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Feyisayo Ayobamidele, Park Center High School; and Councilmembers Andrew Osagiede, Brooklyn Center High School; Fiona Greathouse, Osseo High School; Sade Berrouet, Northview Junior High School; and Naitu Haskins, Northview Junior High School. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey indicated Item 7a, The Brooklyn Bridge Alliance for Youth Presentation, has been removed from the agenda and will be rescheduled to the April 13, 2015, Council meeting. MISCELLANEOUS Councilmember Myszkowski announced she will be out of town from March 29 to April 1, 2015. U.S. Mayor's Conference Mayor Willson stated he will be submitting information to staff relating to the U.S. Mayor's Conference scheduled in June, noting the hotel and conference fees are prearranged within the packet of information. AMF Earle Brown Bowl Mr. Boganey referenced the weekly update item related to AMF Earle Brown Bowl and indicated the resolution adopted by the City Council with the license approval specifically stated 03/23/15 -1- DRAFT they needed to meet the 40% threshold in the month of February, 2015. In addition, the resolution indicates the business must meet the 40% threshold accumulative for the year. In January, the business met the 40% requirement and seem to believe they will be able to meet the 40% threshold accumulative for the year due to the effort they are making; however, it may be difficult during the month of February. Mr. Boganey explained that if the City Council finds that not meeting the 40% warrants some action or penalty, the City Council has that ability. Or, if the City Council decides this is an anomaly and does not warrant any action at this stage, no action is needed this evening. Mayor Willson recalled the City Council was discussing this license in December and felt it may have been arbitrary to assume the business would meet that 40% objective in January, just one month later, so the month of February was selected. He stated a willingness to consider an accumulative 40% threshold rather than a single month 40% threshold. Councilmember Ryan stated his agreement with Mayor Willson. Councilmember Lawrence-Anderson stated she concurred as the business is making a diligent effort to meet that threshold. Councilmember Myszkowski stated she also agrees, noting if the City Council were to have a hearing on this matter, it may appear to be mean spirited and she has found the business is making a good faith effort. Mr. Boganey stated staff will continue to keep the City Council apprised each month on their progress. E-Cigarette and Noise Amplification Regulation Councilmember Lawrence-Anderson referenced a Sun Post article relating to the County Board of Commissioners voting to ban use of e-cigarettes in public places and said this topic is scheduled for an upcoming Council Work Session. Mr. Boganey stated representatives from the Brooklyn Youth Council met with the Park and Recreation Commission in the last week and held a discussion relating to the basis for that recommendation. He indicated this item will come back to the -Park and Recreation at its next regular meeting during which it will deliberate and make a recommendation to the City Council. Mayor Willson stated the City of Brooklyn Park recently banned amplified sound in its parks. Councilmember Graves stated she attended meetings with Brooklyn Park residents attempting to get that ban lifted and spoke before the Park and Recreation Commission. She stated the Commission has not come to a consensus on a recommendation but agreed it was not a good idea to consider an all out ban as it was a contentious issue in Brooklyn Park. In addition, there have been additional requests to use Brooklyn Center parks due to these restrictions. Councilmember Graves stated rather than an all out ban, there could be considerations on sound levels or times. Councilmember Graves stated another consideration is whether there should be a complete ban of cigarette use in the City's parks, noting that since there is not a fee imposed, it acts more as a 03/23/15 -2- DRAFT deterrent. Mayor Willson stated there was also an issue of fire damage to a piece of play equipment in one of the City's parks. Public Works Director/City Engineer Steve Lillehaug stated the damage resulted in a $70 replacement of a slide. Highway 252 Corridor Study Councilmember Ryan stated he had an excused absence at the last meeting during which the Work Session involved review of alternative designs for Highway 252. He asked for the opportunity to ask questions of staff relating to those alternate designs. Mayor Willson agreed to this request, as there were no other Miscellaneous Items raised. He stated the City Council had reached consensus to support one of the alternatives. Mr. Lillehaug used a PowerPoint presentation to describe Alternative 1, the preferred alternative, that included an interchange at 66th Avenue with full access, closure and/or bridge across Highway 252 at 70 th Avenue. He advised of the impact to the east side to place a bridge in that location because of the large change in grade elevation and need to acquire properties. He explained that the next level of study will consider a higher level of detail and best alternative for the City and community. Mr. Lillehaug presented Alternative 2, noting the flyover loop with a second bridge, which was found to not be economically feasible. Alternative 3 would revise the full access interchange up to 70th Avenue with a no access bridge, which would significantly impact commercial developments and reroute trips through the community to gain access to and from the regional transportation system. Alternative 4 would close the east leg and maintain the existing traffic signal. Mr. Lillehaug stated a public meeting is scheduled for April 2, 2015, at Constitution Hall during which the alternatives will again be presented and public input received. Councilmember Ryan asked how many homes would have to be acquired for Alternative 1, the full diamond at 66th Avenue. Mr. Lillehaug used a map to point out the properties that would be impacted and need to be acquired, including the full acquisition of the Holiday Station. He reviewed estimated costs for property acquisition based on 2014 market valuations (not acquisition costs). Mr. Lillehaug stated the main point discussed by the City Council was whether the full access should be at 66th Avenue or at 70th Avenue and the City Council determined it should be at 66th Avenue. Councilmember Ryan stated the preferred alternate would result in the least number of impacts. Mayor Willson asked about a yellow line on the map at 73'' Avenue and whether it dead-ended in Brooklyn Park. Mr. Lillehaug explained it represents a potential new frontage road within the existing Mn/DOT right-of-way without the need for further acquisition. Mayor Willson suggested staff raise this option with the City of Brooklyn Park to assure better traffic flow. Mr. Lillehaug stated the position of Brooklyn Park is that a more in-depth study is needed to determine local impacts before deciding on the frontage roads. 03/23/15 -3- DRAFT Councilmember Ryan stated at the last public meeting, residents asked about closing 66th Avenue; however, it would impact businesses on the west side of Highway 252. Mayor Willson stated the east side neighborhoods would also be impacted with that scenario. Mr. Lillehaug described the long route that the Riverwood Neighborhood would have to use to gain access and cautioned against creating a mile-long cul-de-sac. Councilmember Ryan agreed and commented on the additional impact for emergency vehicle access. Mayor Willson thanked Mr. Lillehaug for reviewing this information. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:41 p.m. Motion passed unanimously. 03/23/15 -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 MARCH 23, 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. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Feyisayo Ayobamidele, Park Center High School; and Councilmembers Andrew Osagiede, Brooklyn Center High School; Fiona Greathouse, Osseo High School; Sade Berrouet, Northview Junior High School; and Naitu Haskins, Northview Junior High School. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Pastor McKinley Moore, Jehovah Jireh Church, 6120 Xerxes Avenue N., introduced himself and invited the City Council to attend the May 2, 2015, Brooklyn Center Community Prayer Breakfast. Pastor Moore thanked the Mayor and City Council for their service. Mayor Willson asked staff to prepare a proclamation for this event and invited Pastor Moore to offer tonight's invocation. No one else wished to address the City Council. Councilmember. Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2.INVOCATION 03/23/15 -1- DRAFT Pastor McKinley Moore, Jehovah Jireh Church, 6120 Xerxes Avenue N., offered the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to-order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Feyisayo Ayobamidele, Park Center High School; and Councilmembers Andrew Osagiede, Brooklyn Center High School; Fiona Greathouse, Osseo High School; Sade Berrouet, Northview Junior High School; and Naitu Haskins, Northview Junior High School. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 7a, The Brooklyn Bridge Alliance for Youth Presentation, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 9, 2015 - Study Session 2.March 9, 2015 —Regular Session 3. March 9, 2015 - Work Session 6b. LICENSES MECHANICAL Assured Comfort Heating & A/C LLC Gannon Heating and Air LLC MidAmerica, Inc. RENTAL 1067 80th Avenue N., Roberts, WI 346 Cleveland Avenue SW, St. Paul 6989 North 55th Street, Oakdale 03/23/15 -2- DRAFT INITIAL (TYPE III - one-year license) 6700 Ewing Avenue N. Steven Douglas 5541 Logan Avenue N. Passed w/ Weather Deferral Peter Milinkovich 7207 Willow Lane Arl Woods INITIAL (TYPE II— two-year license) 6101 Beard Avenue N. Jason Quilling 5305 67 th Avenue N. Passed w/Weather Deferral Sai Yang 4207 Lakeside Avenue #329 Sherry Hill RENEWAL (TYPE III— one-year license) 6343 Orchard Avenue N. Missing ARM Meetings Thomas/Dawn Mould RENEWAL (TYPE H— two-year license) 4100 Lakebreeze Avenue Bruce Waage 6813 Noble Avenue N. Passed w/Weather Deferral David Zemke 5400-02 Russell Avenue N.Tai Pham 3807 61st Avenue N.Invitation Homes 5439 Camden Avenue N.Noell McPheeters 5548 Dupont Avenue N.John Lindahl 5214 Ewing Avenue N.J & M Homes II, LLC 5719 Halifax Avenue N. Passed w/ Weather Deferral Yang Yang Zheng 5548 Lilac Drive N. Passed w/Weather Deferral Prosperous Property LLC 6900 Quail Avenue N.Michael Johnson RENEWAL (TYPE 1— three-year license) 6821 Noble Avenue N.Reuben & Diane Ristrom 6613 Camden Drive Mark One Resources, LLC 5330 Girard Avenue N.Charles Bright 5814 Pearson Drive Invitation Homes SIGNHANGER Twin Cities Sign Installations 14333 Ural Street NE, Ham Lake 6c. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF • ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS—APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR APRIL 27,2015. 03/23/15 -3- DRAFT 6d.RESOLUTION NO. 2015-51 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-05,06,07, AND 089 63RD AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 6e.RESOLUTION NO. 2015-52 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT NO. 2015-12, CONTRACT 15-F, 2015 STREET SEAL COATING 61. RESOLUTION NO. 2015-53 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A PUBLIC SPACE RECYCLING GRANT BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER 6g.RESOLUTION NO. 2015-54 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND IN- CONSTRUCTION SERVICES, PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6h.AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES; AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230—APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR APRIL 13, 2015. 61. RESOLUTION NO. 2015-55 IN SUPPORT OF LEGISLATION ESTABLISHING AN EARLY VOTING PROCESS FOR VOTERS IN MINNESOTA 6j.RESOLUTION NO. 2015-56 SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS 6k.RESOLUTION NO. 2015-57 IN SUPPORT OF LEGISLATION INCREASING THE APPROPRIATION OF LGA TO THE 2002 FUNDING LEVEL 61. RESOLUTION NO. 2015-58 AUTHORIZING THE EARLY PURCHASE OF A FIRE TRUCK TO REPLACE RESCUE 5 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH This item was removed upon adoption of the agenda and rescheduled to April 13, 2015. 03/23/15 -4- DRAFT 7b. 2014 ANNUAL CRIME DATA REPORT Police Chief Benner presented the 2014 Annual Crime Data Report and Part 1 crime statistics, noting violent crimes are the lowest since 1999; robberies are the lowest since 1992; and, property crime/burglaries are the lowest since at least 1985. Police Chief Benner presented Part 2 crime statistics and described the reduction in each category. He noted that in 2014, the Investigations Division solved 45% of the assigned cases. Police Chief Benner concluded presentation of the Report and thanked the City Council for its continued support. Mayor Willson commented the report is showing the lowest property crime and burglary rates since 1985, which is 30 years. Councilmember Myszkowski stated this report is great and she suspects the Youth Council may appreciate receiving a paper copy of the report. Councilmember Graves stated it was interesting to see this progress. She asked about the juvenile arrest citations, noting it was mentioned that the most increase was due to parking tickets. Police Chief Benner clarified that statistic relates to overall citations in general and not only juvenile citations. Councilmember Graves asked about the diversion program and whether the drop in successful completion was due to fewer people being enrolled or fewer people completing the program. Police Chief Benner reviewed the statistics and stated he is currently working with Hennepin County to create uniform diversion throughout Hennepin County. City Manager Curt Boganey asked if Brooklyn Center is a leading city in the diversion program. Police Chief Benner answered in the affirmative and stated Brooklyn Center is the leading city in Hennepin County after Minneapolis. Councilmember Ryan stated his appreciation and support for the diversion program and asked about the issue of profiling as he has received complaints. Police Chief Benner stated profiling is not allowed if based on race. He explained they look at potential crime outcomes and may saturate patrol in certain areas based on calls. Police Chief Benner clarified that disproportionate arrests do not relate to profiling and if a person is stopped, it is due to the crime committed or is suspected of committing. Councilmember Lawrence-Anderson congratulated Police Chief Benner and the Police Department and stated she is proud to live in Brooklyn Center and see these numbers. Mr. Boganey reiterated that the amount of increase or decrease in crime is not the sole responsibility of people in uniform but a combination of factors that contribute to that result. He noted that it is a result of a community effort including the policies and programs that the Council has put into place as well as efforts by citizens who observe, report, and conduct better businesses and operations. 03/23/15 -5- DRAFT 7c. PROCLAMATION DECLARING MARCH 23, 2015, AS "YOUTH IN GOVERNMENT DAY" IN THE CITY OF BROOKLYN CENTER, MINNESOTA Mayor Willson announced it is Youth in Government Day and invited Student Members to introduce themselves. Feyisayo Ayobamidele, Park Center High School, introduced herself and stated she is a grader and basketball player Naitu Haskins, Northview Junior High School, introduced herself and stated she is in the Park Center Marching Band. Fiona Greathouse, Osseo High School, introduced herself and stated she is part of the Brooklyn Youth Council, Sade Berrouet, Northview Junior High School, introduced herself and stated she is an 81h grader. Andrew Osagiede, Brooklyn Center High School, introduced himself and stated he is in 9th grade. Mayor Willson thanked the youth for attending tonight's meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt PROCLAMATION Declaring March 23, 2015, as "Youth in Government Day" in the City of Brooklyn Center, Minnesota. Mayor Willson read in full a Proclamation declaring March 23, 2015, as "Youth in Government Day" in the City of Brooklyn Center. Councilmember Myszkowski read an inspirational article relating to a high expectation of youth written by William Allen White that had been published in the Emporia Kansas Gazette on April 8, 1932. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2015-03 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 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to amend the City Charter so it is consistent with State Statute, and to create consistency in administrative procedures. It was noted that first reading was approved at the 03/23/15 -6- DRAFT February 23, 2015, City Council meeting. Mr. Boganey indicated that passage requires an affirmative vote by all five members of the City Council. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to speak. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2015-03 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. Mayor Willson commented on the democratic process of the Charter Commission, noting Charter Commissioners are appointed by the Chief Justice of Hennepin County. He commended the Charter Commission for its work and this recommendation. Councilmember Ryan noted the Charter revisions under consideration were housekeeping in nature. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS —None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process 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. An audience member indicated interest in speaking to Item 1 Oal, 4216 Lakebreeze Avenue. Seeing no one else coming forward, Mayor Willson called for a motion on Agenda Items 10a2 and 10a3. 03/23/15 -7- DRAFT 10a2. 5842 WASHBURN AVENUE NORTH 100. RESOLUTION NO. 2015-59 APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITY AVENUE NORTH 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 the following: 5842 Washburn Avenue North; and, RESOLUTION NO. 20 15-59 Approving a Type IV Rental License for 7033 Unity 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. lOal. 4216 LAKEBREEZE AVENUE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 4216 Lakebreeze Avenue was inspected and 16 property code violations (4 per unit) were cited and ultimately corrected. There has been one validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Brenda Benson, 16385 211th Avenue NW, Elk River, property manager, requested approval. Councilmember Ryan moved and Councilmember Graves seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4216 Lakebreeze Avenue 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. 11. COUNCIL REPORT 03/23/15 -8- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • March 2, 2015, Read Across America Day Event at Evergreen Park Elementary School • March 3, 2015, Legislative Town Hall Meeting at Civic Center • March 4, 2015, Brooklyn Center University Opening Session • March 5, 2015, Annual League of Minnesota Cities Day at the Capitol • March 5, 2015, Presentation by Director of Business and Development Gary Eitel at the Brooklyn Center Lions Club • March 9-11, 2015, National League of Cities Congressional Conference • March 14, 2015, Brooklyn Center Lions Club Food Donations for CEAP • March 15, 2015, Forum at Brooklyn Center Civic Center on Police/Community Relations • March 19, 2015, Community Meeting at North Hennepin College for Light Rail Extension Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 16, 2015, Brooklyn Center Youth Council • March 17, 2015, Earle Brown Days Committee Meeting • March 18, 2015, CEAP Board Meeting Councilmember Myszkowski encouraged all to participate in March Food Share Month and announced opportunities to make a donation. She congratulated the Champlin Park Boys Basketball Team who, after an undefeated season, was defeated by Apple Valley in the State Championship. She also congratulated the Park Center Girls Basketball Team for being the Class 3A Champions. Councilmember Myszkowski asked for prayers for 10-year-old Barway Collins who is currently missing. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 16, 2015, Brooklyn Center Business Association Meeting • March 17,2015, Earle Brown Days Committee Meeting • March 17, 2015, Housing Commission Meeting • March 26, 2015, Brooklyn Center Business Association Luncheon at Double Tree Hotel Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • March 10, 2015, Attended the Youth Collaborative Day on the Hill • March 10, 2015, American Indian Drum and Dance Rehearsal • March 11, 2015, Parent Group Meeting at Brooklyn Center High School • March 14-15, 2015, Annual Pow Wow at St. Paul Central High School • March 16, 2015, District Parent Advisory Council for District #286 • March 17, 2015, Park and Recreation Commission Meeting • March 24, 2015, MAC Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: 03/23/15 -9- DRAFT • February 26, 2015, Brooklyns Alliance for Youth Meeting held in Brooklyn Park • February 27, 2015, Read at Garden City Elementary School • March 2, 2015, Read to 4th Graders at Evergreen Park Elementary School • March 4, 2015, Brooklyn Center University Opening Session 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:11 p.m. Motion passed unanimously. 03/23/15 -10- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City N SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 13, 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 comnlianee with Chanter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Affordable Comfort Mechanical All Appliance Installation Plus Assured Heating A/C Ref Inc. B & D Plumbing, Ht & A/C Blue Ox Heating & Air LLC Bonfe's Plumbing Heating & Air Center Point Energy Corporate Mechanical Crosstown Mechanical Inc. Dean's Professional Plumbing Inc. Do Pham Inc. Fireside Hearth & Home Flare Heating and Air Cond. Gannon Heating and Air LLC Golden Valley Heating Go Fetsch Mechanical LLC Harris Companies Home Energy Center Horwitz Inc. Kraft Mechanical LLC J-Bred Mechanical Major Mechanical Inc. 6510 Highway 36 Blvd N, Oakdale P.O. Box 166, Cambridge 13571 Balsam Lane N, Dayton 4145 MacKenzie Court, St. Michael 5720 International Parkway, New Hope 505 Randolph Avenue, St. Paul 9320 Evergreen Boulevard, Coon Rapids 5114 Hillsboro Avenue N, New Hope 3115 Long Lake Road, Roseville 7400 Kirkwood Court N, Maple Grove 124 1h Circle NE, Blame 2700 Fairview Avenue N, Roseville 9303 Plymouth Avenue N, Golden Valley 346 Cleveland Avenue SW, New Brighton 5182 West Broadway, Crystal 9111 Davenport Street NE, Blame 909 Montreal Circle, St. Paul 2415 Annapolis Lane N, Plymouth 4401 Quebec Avenue N, New Hope 2441 Ventura Drive, Woodbury 3308 Southway Drive, St. Cloud 1120186 th Avenue N, Maple Grove Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM MECHANICAL - Continued McDowall Company Metro Air, Inc. Metropolitan Mechanical Contractors Inc. Minnesota Petroleum Service Modern Heating & A/C Northern Heating & A/C Inc. Pronto Heating & A/C Quality Refrigeration Ridler Heating & Cooling dba Uptown Heating Riccar Heating & A/C Ron's Mechanical Sabre Plumbing, Heating & A/C St.Cloud Refrigeration dba SCR, Inc. Schadegg Mechanical, Inc. Sedgwick Ht & A/C Solid Refrigeration LLC Standard Heating & A/C The Fireplace Guys Wenzel Heating & A/C Yale Mechanical RENTAL See attached report. SIGN HANGER A-Sign & Screen Printing Co. Indigo Signworks, Inc. Landmark Architectural Signs Signcrafters Outdoor Signart Company Signation Sign Group Topline Advertising Walker Sign Holdings P.O. Box 606, Waite Park 16980 Welcome Avenue SE 7450 Flying Cloud Drive, Eden Prairie 6823 9th Avenue NE, Minneapolis 2318 First Street NE, Minneapolis 9431 Alpine Drive NW, Ramsey 7588 Washington Avenue S, Eden Prairie 6237 Penn Avenue 5, Richfield 3110 Washington Avenue, Minneapolis 2387 Station Parkway NW, Andover 2026 Colburn Drive, Shakopee 15535 Medina Road, Plymouth 604 Lincoln Avenue NE, St. Cloud 225 Bridgepoint Drive, South St. Paul 1408 Northland Drive, Mendota Heights 1125 American Boulevard E, Bloomington 130 Plymouth Avenue N, Minneapolis 680 Hale Ave, Oakdale 4145 Old Sibley Memorial Highway, Eagan 220 W 81st Street, Bloomington 708 Lowry Avenue N, Minneapolis 1622 Main Avenue, Fargo, ND 17576 Hemlock Avenue, Lakeview 2405 Annapolis Lane N, Plymouth 2170 Dodd Road, Mendota Heights 6840 Shingle Creek Parkway 11775 Justen Circle, Maple Grove 945 Pierce Butler Route, St Paul lllission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of l4fe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria 7License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater. than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 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 I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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C)C)C)C)C) U)Cl z z >..0->- E Z Z Z Z C) I CO CO C)_.>>t) ..C) C) C)< CO CO >CO -CO C)C)C)> CO :>tI CO tI <<Z (0 C)> Ln (0 41 .0 4-1 -.t.. -.C)0 E 0 U .c:c i•- -.-E E -E •-CO2 -VI 0 VI<t3t)O VI(D .CZ >VItO N N NCOO COCO U LL.10 I 0 10 10 C)tO 0 0 0 N C)CO -1 N to 0 0 N VI 10 O 10 CO 0 N rn 0 VI U)0 -1 &v 0 0 I•o -'r-)0 0 0 -)0 U)0 ffl N w 0 N 0rn 0 1/)0rn H CO 0 -1 CO VI CT)VI 1 N 00 CO 0)03 CO N -1 0 CO N N CO N CO N -i 0 10 CO CO N 10 0 VI 0-.It)VI 10 >N U)N N 1-1 v1 t to 0-VI to VI N VI o.to to N VI rn o to rn 1..COC)>- -1 C)0. City Council Agenda Item No. 6c [i1IJ[J I fl N I &"A Uh'A I 3k'A 0) t11I UhJ I DATE: April 7, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer .5f- SUBJECT: Resolution Designating 2015 Planting List of Allowable Boulevard Tree Species Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2015 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20-402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to minimize the impact of future tree disease. Attached is a resolution designating the 2015 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. The list of Elm tree species has changed this year to include Elm species that are recommended as Dutch Elm Disease Resistant. All others have remained the same as 2014. Budget Issues: Staff time for inspections is contained in the annual Forestry budget. There are no other budget issues. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring (Ifl ailractwe, clean, safe, inclusive community that enhances the quality of life for all people am! preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING 2015 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2015: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (Accolade, Patriot, Princeton, Valley Forge) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree Linden (American, Littleleaf) Maple (Autumn Blaze) Maple (Red)'& cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) Servicebeny (Allegheny) April 13, 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 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone: 763-569-3340 BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY VARIETY OF TREE: - TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or othenvise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING * * *, City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities Approx. width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET:___________ Signature Title Date BEFORE YOU PLANT. The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2015: Birch (River, Paper) Crabapple (Flowering) & cultivars Elm (Accolade, Patriot, Princeton, Valley Forge) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Kentucky Coffeetree Linden (American, Littleleaf) Maple (Autumn Blaze) Maple (Red) & cultivars Maple (Sugar) & cultivars Oak (Northern Red) Oak (Pin) Oak (White, Bur, Swamp) Serviceberry (Allegheny) City Council Agenda Item No. 6d IEIIPJ[IJ I V N ak'A I'A I (I) 1I I1IA I DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty-Third Consecutive Year Recommendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Tree City USA. Background: For each of the past twenty-three years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Society. The City has again been notified that Brooklyn Center has received this recognition. This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: • Care for and planting of park and boulevard trees • Diseased and nuisance tree removal program • Mandatory tree contractor registrations requiring certain minimums of liability insurance • Boulevard tree planting permits requiring proper placement of tree and selection of tree species • A tree ordinance specifying proper standards of care for all trees • An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees Budget Issues: Funding needed to support and meet the goals of this program in 2015 is included in the 2015 budget under the Forestry operating budget. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, sq/e, inclusive community that enhances the quality of ljfe Jbr al/people md preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-THIRD CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Society has designated the City of Brooklyn Center as a Tree City USA in recognition of 2014 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The Council hereby recognizes and accepts the designation of Tree City USA for the twenty-third consecutive year. 2.The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3.The Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e Ei1BJ[SJ IU U U Dk' UYA I k'A [I] iII WJJ DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution of Support for the Three Rivers Park District Application to the Hennepin County 2015 Bikeway Participation Program for the Twin Lakes Regional Trail Recommendation: It is recommended that the City Council consider approval of a resolution of support for Three Rivers Park District Application to the Hennepin County 2015 Bikeway Participation Program for the Twin Lakes Regional Trail. Background: The proposed project is the construction of a 0.9 mile, off-road, bicycle and pedestrian regional trail segment within the City of Brooklyn Center, along 57th Avenue from Logan Avenue to North Mississippi Regional Park. Completing this trail gap will complement adjacent trail segments currently constructed. The entire 4.4-mile Twin Lakes Regional Trail corridor connects the Crystal Lake Regional Trail to North Mississippi Regional Park through the communities of Robbinsdale and Brooklyn Center. The project is consistent with the City's Comprehensive Plan, Capital Improvement Plan and will allow bicyclists and pedestrians of all abilities to safely and conveniently access local recreation, shopping, education, and transit destinations in the City. The Twin Lakes Regional Trail will also provide transportation and recreational connections to Twin and Crystal Lakes, Shingle Creek, Mississippi River and the broader regional park and trail network for an area currently underserved by regional trail facilities. Budget Issues: The 2015 Capital Improvement Program includes funding in 2016 in the amount of $1,730,000 for the 57th Avenue Mill and Overlay and Regional Trail Project ($450,000 City funding, $1,000,000 Federal grant funding, $280,000 Park District funding). There are no further budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive coininumly that enhances the quality of life for al/people and preserves the publk trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION OF SUPPORT FOR THE THREE RIVERS PARK DISTRICT APPLICATION TO THE HENNEPIN COUNTY 2015 BIKEWAY PARTICIPATION PROGRAM FOR THE TWIN LAKES REGIONAL TRAIL WHEREAS, the City of Brooklyn Center recognizes the Twin Lakes Regional Trail as an important component of the regional park and trail system that serves the residents of the city and region; and WHEREAS, the City of Brooklyn Center recognizes that Three Rivers Park District, the cities of Robbinsdale, Brooklyn Center, Minneapolis, Minneapolis Park and Recreation Board, Hennepin County and Minnesota Department of Transportation have gathered significant public input in the development of the Master Plan for the Twin Lakes Regional Trail corridor; and WHEREAS, the City of Brooklyn Center recognizes that the Twin Lakes Regional Trail Master Plan is consistent with other approved local and regional plans including the City of Brooklyn Center 2030 Comprehensive Plan; and WHEREAS, the City of Brooklyn Center supports the use of public right-of-way and parkland to successfully implement a contiguous and continuous Twin Lakes Regional Trail corridor in accordance with the Master Plan; and WHEREAS, the City of Brooklyn Center supports Three Rivers Park District in the acquisition of easements with full consent of affected property owners necessary to successfully implement a contiguous and continuous Twin Lakes Regional Trail corridor in accordance with the Master Plan where adequate right-of-way and parkland does not exist; and WHEREAS, the City of Brooklyn Center supports Three Rivers Park District in the construction, operation and management of a contiguous and continuous Twin Lakes Regional Trail in accordance with the Master Plan that was supported by the City of Brooklyn through Resolution 2011-12; and WHEREAS, the City of Brooklyn Center recognizes that Three Rivers Park District secured a 2011 Federal Transportation Enhancement (TE) Program Grant in the amount of $1,282,000 to construct 0.9 miles of the Twin Lakes Regional Trail along 57'h Avenue in Brooklyn Center. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, that the Council supports the Twin Lakes Regional Trail and recommends that Three Rivers Park District seek a Hennepin County 2015 Bikeway Participation Program grant. [13,2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f CityACouncil Agenda1Item No. 6f [EI]II[S1 I fl I N MhYA U'A I 3kTA 0) tflI UIJhA I DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Meeting Schedule for 2016-2017 Budget Recommendation: It is recommended that the City Council consider a motion approving the following budget planning and approval dates. The schedule includes joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2016 fiscal year with projections for the 2017 fiscal year. The meetings are all to be held at 6:30 PM on Mondays (unless otherwise noted) in the City Council Chambers at City Hall. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 7, 2015 has been reserved for a public hearing on the proposed budget and levy. The intention is to schedule this meeting as a special meeting which will allow City Council to approve the proposed budget and levy following the public hearing. Date June 1, 2015 July 6, 2015 July 20, 2015 August 5, 2015 August 17, 2015 October 5, 2015 October 19, 2015 November 2, 2015 December 7, 2015 Topic CAFR Presentation and Auditor's Report Capital Improvement Plan, Capital Project Funds General Fund General Fund (Wednesday) General Fund Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility/Enterprise Funds and Rates Utility/Enterprise Funds and Rates Public Hearing & Proposed Adoption of Budget and Levy (7:00 pm) Attached is a listing of the dates and topics for City Council actions on the 2016/17. ]14iss!o,i: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves (lie public trust City Council and Financial Commission Budget Schedule for 2016-2017 June 1, 2015 Monday July 6, 2015 Monday July 20, 2015 Monday Work Session CAFR Presentation and Auditors Report Work Session Capital Improvement Plan and Capital Project Funds Work Session General Fund - Revenue/Department Requests August 5, 2015 Wednesday Work Session General Fund - Department Requests August 17, 2015 Monday Work Session General Fund - Department Requests (as needed) September 14, 2015 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 5, 2015 Monday Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds October 19, 2015 Monday Work Session Utility/Enterprise Funds November 2, 2015 Monday Work Session Utility/Enterprise Funds (as needed) November 23, 2015 Monday Regular City Council Meeting Proposed adoption of the 2016 pay plan, 2016 cafeteria contribution and 2016 utility rates December 7, 2015 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets December 14, 2015 Monday Regular City Council Meeting Continuation, as needed, of recommended budget and levy discussion/approval COUNCIL ]ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Meeting Schedule for 2016-2017 Budget Recommendation: It is recommended that the City Council consider a motion approving the following budget planning and approval dates. The schedule includes joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2016 fiscal year with projections for the 2017 fiscal year. The meetings are all to be held at 6:30 PM on Mondays (unless otherwise noted) in the City Council Chambers at City Hall. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 7, 2015 has been reserved for a public hearing on the proposed budget and levy. The intention is to schedule this meeting as a special meeting which will allow City Council to approve the proposed budget and levy following the public hearing. Date June 1, 2015 July 6, 2015 July 20, 2015 August 3, 2015 August 17, 2015 October 5, 2015 October 19, 2015 November 2, 2015 December 7, 2015 Topic CAFR Presentation and Auditor's Report Capital Improvement Plan, Capital Project Funds General Fund General Fund General Fund Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility/Enterprise Funds and Rates Utility/Enterprise Funds and Rates Public Hearing & Proposed Adoption of Budget and Levy (7:00 pm) Attached is a listing of the dates and topics for City Council actions on the 2016/17. 41issioi,: Ensui!ng au attractive, clean, safe coinnwnity that enhances the quality of life atulpueserves the public trust City Council and Financial Commission Budget Schedule for 2016-2017 June 1, 2015 Monday Work Session CAFR Presentation and Auditors Report July 6, 2015 Monday Work Session Capital Improvement Plan and Capita! Project Funds July 20, 2015 Monday Work Session General Fund Revenue/Department Requests August 3, 2015 Monday Work Session General Fund - Department Requests August 17, 2015 Monday Work Session General Fund - Department Requests (as needed) September 14, 2015 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 5, 2015 Monday Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds October 19, 2015 Monday Work Session Utility/Enterprise Funds November 2, 2015 Monday Work Session Utility/Enterprise Funds (as needed) November 23, 2015 Monday Regular City Council Meeting Proposed adoption of the 2016 pay plan, 2016 cafeteria contribution and 2016 utility rates December 7, 2015 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets December 14, 2015 Monday Regular City Council Meeting Continuation, as needed, of recommended budget and levy discussion/approval 0 LtDC')a) (1W) C- 0 0 C')U) Ea) 0a) U •j Da oo L)o a I-. ra 0U bO >a)c U SA U (3) N CU C U £> 00 0 >4J AM - ID Li ID L1 0 CLa)-- a ' Ln•a •i -^-i a)a) a)a)->D -a)a)CL CL CL a -CL a)O u L)L)aia) &&- - -a) a)a)a)a a)a)Z aaa)a)a)aiD a).-C • -=a)cc -a)-tD tD t)C)a)a)a)a) >-to to to =a)'-a).0 N to to a 0 to C) C H 0.-C -Ctcoco co a)L)0.a)a)a)J E E Ea)-(0 a a):Ea)a)a)a)a)<z 00Eaa a CL C =a) - 0 0o c cC)C) CL(0 a)a)a)a)U C C Ca)a)a)a)(9 (9 0.Ln City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Recognition for Retiring Officer Gary Coleman Recommendation: It is recommended that the City Council consider recognizing Officer Gary Coleman for 26 years of his service to the City of Brooklyn Center. Background: Please find attached, a City Council resolution expressing appreciation to Officer Gary Coleman for his 26 years of service with the Brooklyn Center Police Department. Officer Gary Coleman started his police career with the Brooklyn Center Police Department on February 15. 1989. Over the years of dedicated service, he has held the titles of patrol officer, Drug Abuse Resistance Education ("DARE") officer, Emergency Operation Unit ("EOU") member, and School Resource Officer ("SRO"). Officer Gary Coleman has received many commendations during his service with the police department, including a Medal of Honor. Officer Gary Coleman was one of the founding members of the City that created what is now called CSI Safety Academy for youth that are in grades 2-6. Budget Issues: There are no budget issues to consider. Strategic Priorities: Not Applicable Mission: Ensuring an attractive, clew,, soft', inclusive conunIuntj' that enhances the quality of life fir all people wul preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER GARY COLEMAN WHEREAS, Officer Gary Coleman was hired as a police officer by the City of Brooklyn Center, on February 15, 1989; and WHEREAS, Officer Gary Coleman has served as the department's School Resource Officer ("SRO"); and WHEREAS, Officer Gary Coleman has served as the department's Drug Abuse Resistance Education ("DARE") officer. He was instrumental in educating young children about the harms of drug use; and WHEREAS, Officer Gary Coleman was a member of the Emergency Operation Unit ("EOU"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that we recognize the honorable retirement of Officer Gary Coleman on March 31, 2015, and express sincere appreciation for his dedicated public service. We wish Gary and his family, the very best in the future. April 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: April 8, 2015 TO: City Council FROM: Curt Boganey, City Manageig, SUBJECT: Brooklyn Bridge Alliance Recommendation: It is recommended that the City Council receive the Brooklyn Bridge Alliance for Youth (BBA) update report from Executive Director Rebecca G-ilgen. Background: Executive Director Gilgen will be present to provide the City Council with a brief update regarding the efforts and progress of the BBA during the past year and to share future goals for the Alliance. This is an opportunity to receive information about the Alliance and a chance to ask questions and provide feedback. Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image i'Jisxio,z: Ensurina an attract/ie, c/ca,,, sqfi', iuicitisive community that enhances the quality of i,/' fn all people am/preserves the public trust A c IJ±EL L otc o,LI I-5 ---Jmoi r UQ fit,, oc wo --CLn o c .l-JCçf) 0 Ln > > 0 ul Ln 0 0 0 •0 I •4 4 S 4 I • •-. .1 • I •:1 I 4 - • 475 co co 'I -i - • •so I ••Ln •L • •' 4 _1 •LnI •-•4 -• - - _---- -•• --I 0 • ITEITII 0)0C-) 1 --- H [I CLIc I Oi 1DI U) I-. >--1 o E E U s CCzu C) (I) 0-1 çiTl N2 [111T10)0 LIS] ^ P4Aw :OZ u H bo 4J U—a)U ao —0U_0= 0 U0 Ea) 0 IV ===:=0=o0 o=0E-0o=o >= 0 0 0 V)w OW L E o°E o= :-°E >CUoE000>-0 mu 0 0 G1) 2 OL re iLirp I 3 1) -J C 0.0. 0 Ub E 0 UO pu I a L Ea o cl is oo .0 p ou I U I U U 'C a 0 C I -C C C CD U CD C o CD >=-=Q 0 (I ci) o=S o : U 0j=J L 0 m all1CL>-_L- Z 0S -90'C) -o Co '-p If) '.0 ID -p C)Cl 0 OS 0 cu w 0? Un' 'V 'V -o CD Il-aCCD co C CD (U 0 -o cu 0 (A ou nrl E 0 aE 0 4-, wLfl I..(UC, In> -C4.' 0 Je >. C>. 00I- -C4-' U, 00-cUU, 'S U4-'(U C0 1 p -D(UI-w U,I a) (I, Ln: • :• •a . o Ea) I 0 qv) U,0 U,Co CO N 5 1%] aluti uoenpi mrl0N 0 wz> 0U U 4= ou cub a)>0 LM 'l1 cu DbDo vI o I_u> 0.. .- C (0 —LJc2..( x\j) il LI,LI, .., (0 DV 0V'a m00p -aC rJcE r4' 5I (0 c__ 'L)0.0 a) Co1) U a)ci) .1 1 >DCo cL 0 0U U Ln E o CL to E5U ELu ;P-UJLLJ•• • w =iD LO 0 w x ><w 0 N ELJJ > bc (j 0 0 L) cj 0 U _ co = 0m U E V) 4^ S_-C Dro r o U 0 d 0 -J 0 (I CD w -IH > 0 City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM DATE: March 26, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing a donation from the Minneapolis Northwest Convention and Visitors Bureau in support of the 2015 Earle Brown Days Celebration Background: The Minneapolis Northwest Convention and Visitors Bureau has provided to the City a check for $3,500 and asks that it be used to support the 2015 Earle Brown Days Celebration. With this donation, the Minneapolis Northwest Convention and Visitors Bureau is helping to foster a continued sense of community in Brooklyn Center by supporting the Earle Brown Days civic celebration. Budget Issues: Staff asks that the donation be allocated to the designated program budget. Council Goals: e Civic Engagement 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 EXPRESSING APPRECIATION FOR THE DONATION OF THE MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION WHEREAS, the Minneapolis Northwest Convention and Visitors Bureau has presented to the City a donation of Thirty Five Hundred Dollars ($3,500); and WHEREAS, they have designated that the donation be used to support the 2015 Earle Brown Days celebration; and WHEREAS, the City Council is appreciative of this donation and commends the Minneapolis Northwest Convention and Visitors Bureau for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1.Acknowledges the donation with gratitude. 2.Allocates the donation to the designated program account. April 13 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d COUNCIL ITEM MEMORANDUM DATE: March 26, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 Earle Brown Days Celebration Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing a donation from the Brooklyn Center American Legion Post 630 in support of the 2015 Earle Brown Days celebration. Background: The Brooklyn Center American Legion Post 630 has provided to the City a check for $2,000 and asks that it be used to support the 2015 Earle Brown Days civic celebration. With this donation, the Brooklyn Center Legion Post 620 has, once again, gone "above and beyond" in supporting the City of Brooklyn Center in creating a continued sense of community. Budget Issues: Staff asks that the donation be allocated to the designated program budget. Council Goals: . Civic Engagement 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 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION WHEREAS, the Brooklyn Center American Legion Post 630 has presented to the City a donation of Two Thousand Dollars ($2,000); and WHEREAS, they have designated that the donation be used to support the 2015 Earle Brown Days civic celebration; and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center American Legion Post 630 for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1.Acknowledges the donation with gratitude. 2.Allocates the donation to the designated program account. April 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7e [i1IJ[J I I I I'A Ih!A I k'A (I) 7IIW1k'AJ DATE: April 7, 2015 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer c FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Proclamation Declaring April 24, 2015 as Arbor Day and May 2015 as Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council cOnsider approval of a proclamation declaring April 24, 2015, Arbor Day and May 2015 Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each year,. Brooklyn Center celebrates National Arbor Day and Arbor Month by hosting local volunteer/educational events with students from an elementary school and other groups within the City of Brooklyn Center. This year's event tentatively includes an elementary class from Northport Elementary School planting trees that will be purchased by the City and replacing two benches that were removed during last year's field construction. This event also includes City staff providing teaching resources, learning activities and guidance in planting seedlings and trees. Students will be given a presentation on the history of Arbor Day and general tree information. This event and proclamation support the City's forestry program that has resulted in Brooklyn Center receiving its twenty-third consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: The American Legion and Sons of the American Legion have provided a $100 contribution to help offset the expenses for the Arbor Day event. Additional funding needed for event supplies is expected to be less than $450 and is included in the 2015 Budget under the Public Works Park Division operating budget. Strategic Priorities: . Vibrant Neighborhoods IWLsion: Ensui'ing an attractive, clean, safe, inclusive coimnhtnity that enhances the quality of lift-, for all people and preserves i/ic public trust PROCLAMATION DECLARING APRIL 24, 2015 TO BE ARBOR DAY AND M4Y2015 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife, of all kinds and making our cities more livable; and WHEREAS, Trees in our'city increase property values, enhance the economic vitality of business areas and beauti)5' our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the needfor concerted action to ensure the future of urban and rural forests in our state, country and world; and WHEREAS, People can contribute to the environmental stewardship ofour community by locally planting trees and ensuring that these trees are nurtured, protected and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW THEREFORE, I, ASMAYOR OF THE CITY OF BROOKL YN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: April 24, 2015 to be Arbor Day in the City of Brooklyn Center. 2.May 2015 to be Arbor Month in the City of Brooklyn Center. 3.I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. April 13, 2015 Date Mayor Council Members ATTEST:______________ City Clerk City Council Agenda Item No. 7f lillikYli I I I M4 l I 311Y4 0) U1WWkl DATE: April 7, 2015 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 9t FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Proclamation Declaring April 18-25, 2015, as the Great Shingle Creek Watershed Cleanup Week Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 18- 25, 2015, as the Great Shingle Creek Watershed Cleanup Week. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate the 14th annual "Great Shingle Creek Watershed Cleanup". Beginning Saturday, April 18, 2015, through Saturday, April 25, 2015, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash and other contaminants in the streets, parks and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Many of the 33 groups affiliated with the Brooklyn Center Adopt-a-ParklTrail/Street or Flower Garden programs will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On Saturday, April 25, 2015, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee, juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week- long event. Budget Issues: The American Legion and the Sons of the American Legion have provided a $100 contribution to cover the expenses for the Great Shingle Creek Cleanup event. Additional finding for event supplies is expected to be less than $150 and is included in the 2015 Budget under the Storm Drainage Utility operating budget. Strategic Priorities: o Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust PROCLAMATION DECLARING APRIL 18-25, 2015 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, The City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, Litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the City's storm water drainage system; and WHEREAS, Citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets, parks, neighborhoods and community clean, and WHEREAS, The Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 25, 2015. NOW, THEREFORE, I AS M4 YOR OF THE CITY OF BROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: April 18-25, 2015, to be The Great Shingle Creek Watershed Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses and institutions to use The Great Shingle Creek Watershed Cleanup Week 2015 to help prevent water pollution andpreserve our watersheds byparticipating in a cleanup event or by using this time to pick up trash and clean lip our homes, businesses, streets, neighborhoods and community. April 13, 2015 Date A TTEST:____________ City Clerk Mayor Council Members City Council Agenda Item No. 7g kI1IJ[iJ I I I MhYA IYA I MY4 (I) 1WI WJh'A I DATE: April 7, 2014 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Proclamation Declaring April 22, 2015 as Earth Day in Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring April 22, 2015, as Earth Day in Brooklyn Center. Background: The name and concept of Earth Day was pioneered in 1970 in the United States. It is an annual day on which events are held worldwide to demonstrate support for environmental protection. This day of nature's balance was later sanctioned in a Proclamation at the United Nations, eventually going international in 1990. Today, more than 192 countries coordinate and celebrate Earth Day every year. Brooklyn Center recognizes Earth Day on Wednesday, April 22, 2015, by taking part in celebratory events such as the Great Shingle Creek Watershed Cleanup. The Great Shingle Creek Watershed Cleanup takes place on Saturday, April 25, 2015, from 9 am to noon and will commence by gathering at the Brooklyn Center Community Center where an orientation will be given and supplies provided. Strategic Priorities: Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust PROCLAMATION DECLARING APRIL 22, 2015 TO BE EARTHDA YIN BROOKLYN CENTER WHEREAS, A sound natural environment is the foundation of a health society and a robust economy, and WHEREAS, Local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention and sustainable practices; and WHEREAS, Earth Day 2015 offers an unprecedented opportunity to commit to building a healthy planet andfiourishing communities. NOW, THEREFORE, I, AS MA YOR OF THE CITY OF BROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: April 22, 2015, to be Earth Day in the City of Brooklyn Center. 2.The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3.The City Council hereby reaffirms its commitment and encourages residents, businesses and institutions to use Earth Day 2015 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste and promote recycling 113, 2015 Date Mayor Council Members ATTEST. City Clerk City Council Agenda Item No. 8a Ii[I1IJJ I I I MY4 'A I Dk'4 (I) 1iI WJY4 I DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 4- SUBJECT: Resolution Amending Levy No. 19058 and Certifying the Amended Special Assessments for Improvement Project No. 2015-01, Freeway Park Area Street Improvements to the Hennepin County Tax Rolls Recommendation: Staff recommends that the City Council continue the adjourned public hearing and consider approval of the attached resolution certifying special assessments for the project to the Hennepin County Tax Rolls for the Spiritual Life Ministries property located at 6865 Shingle Creek Parkway. Background: A series of two public hearings were held on January 12, 2015, pertaining to ordering improvements and authorizing preparation of plans and specifications for Improvement Project Nos. 2015-01, 02, 03, and 04. The second hearing was held to consider certification of proposed special assessments for street improvements for Improvement Project No. 2015-01. The City Council approved resolutions pertaining to both; however, a representative for the Spiritual Life Ministries property at 6865 Shingle Creek Parkway objected to the special assessment for their property (see attached letter dated January 12, 2015). The public hearing for the proposed special assessments was continued and adjourned to be considered at a later date by the Council for that affected property only. The remaining special assessment levy for all other properties for the project was approved. The prior January 6, 2015, Council memorandum is attached for additional background information pertaining to the project and special assessments. In summary, the objection pertained to concerns that they are a church, a non-profit organization that is tax exempt and assessments should not be allowed on a church; A second concern indicated is that this is a second assessment for the property and the property representatives indicated that the Cit Council should consider excluding the church from this special assessment and any future special assessments. The representative for the Spiritual Life Ministries indicated that they have no objection to the project itself, but that they object to the assessment. In response to the objection and as directed, additional information is provided as follows: Assessments on Churches In consultation with the City Attorney and State statute, churches and educational institutions are exempt from ad valorem taxes but are not exempt from special assessments. Special assessments are levied on nearly all real property that benefits from the improvements within a specific project area. Churches and educational institutions exist in many locations throughout the City, Mission: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the quality of life for all people am/preserves the public trust IEWi[SJ I fl I I k4 U I Dk'A (I) UIJ1BA'i and the City has a long history of including these properties on the assessment roll of projects as benefited properties dating back to the early 1990s with the beginning of. the City's reconstruction program and special assessment policy. Special assessments have been assessed to church properties uniformly and systematically throughout, and this project remains consistent with that policy and practice. Prior Project Assessments on Churches The Spiritual Life Ministries is a commercial property zoned Cl. The property has frontage on 3 streets (Freeway Boulevard, Xerxes Avenue, and Shingle Creek Parkway). It is City policy and practice that all properties zoned R3-R7 residential, commercial, industrial, institutional and special use properties shall be assessed for improvements on all street frontages when the improvements provide benefit to the property. The only exception to this policy pertains to residential properties zoned RI and R2 having frontage on two or more streets (e.g. corner lot), which in this case, shall be assessed for improvements on only one of the frontages. Other similar properties within the city including churches have been levied multiple special assessments for having frontage on two or more streets, staying consistent and in accordance with City policy. This particular property was assessed in 2008 for street improvements to Xerxes Avenue in the amount of $9,864.74 for the benefits received from that project. Likewise, in accordance with the City's assessment policy, this property also remains responsible for its share of assessments due to the benefits that will be received from the proposed improvements to Freeway Boulevard. The 2015 special assessment for this commercial property was calculated based on an acreage basis in the amount of $36,820.77 for street improvements to Freeway Boulevard. The City performed a special assessment benefits valuation, which confirms that the expected benefit from this project will result in a greater value than the amount that is being assessed to this property for these improvements in accordance with Minnesota Statute 429. Under Minnesota Statute, the City has much discretion in determining a fair and equitable methodology in assigning appropriate special assessments for construction projects. Staff feels this methodology is fair, remains consistent with past policy and practice, and feels that the benefits to the property from these improvements are equitable. If the property owner continues to object to the special assessment should the Council certify the special assessment, the property owner may choose to appeal the Council's decision. An appeal by the property owner is required to be filed with district court. The City Attorney will advise the Council of options for handling the dispute and potential litigation issues should the need arise. Budget Issues: The proposed street and utility improvements are included in the 2015 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $7,260,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by, the City Council on December 8, 2014. The amount of the assessment that is in question ($36,820.77) is integral to the overall project funding for the street portion of the project expenses. Included is an Assessment Map for the project and the proposed amended Assessment Roll table pertaining to 6865 Shingle Creek Parkway. Strategic Priorities: . Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quali4v of life for all people and preserves the public tilts! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING LEVY NO. 19058 AND CERTIFYING THE AMENDED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2015-01, FREEWAY PARK AREA STREET IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, Special Assessments for Improvement Project Nos. 2015-01, Freeway Park Area Street Improvements were certified by the City Council on January 12, 2015, with the exception of one property; and WHEREAS, it was the majority consensus of the City Council to remove the aforementioned property owned by Spiritual Life Ministries, PID NO. 35-119-21-22-0051, from the assessment list, and continue the special assessment hearing until after further review could take place; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19058. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Such proposed assessments for the Spiritual Life Ministries property are hereby added to Special Assessment Levy No. 19058 for street improvements as approved under Resolution No. 2015-15, made a part hereof, are hereby amended, accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2016, and shall bear interest on the entire assessment at the rate of four (4.0) percent per annum from October 1, 2015 through December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2015. After September 30, 2015, he or RESOLUTION NO. she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2015 through the date of payment. Such payment must be made by the close-of-business November 25, 2015, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. April 13, 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. 1 Qti4oit lo Prvpcd Ic62ii • L iopiôpi1727Y .4..4.. • 2Ii:P.1 O? PZ.. • .J P.j.1e. Qf74j .13EIIL2w7. ... .... ... . e • tvq ,. a• t L i',11A3 q*i ' a4 ...[ •. Jo • • 9%// H . .. . •.. • /•••••.• c••••••/. ••• Z7 / • • .• • ••• • CC, . . •. • .:2 Q(c • .• • • • CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL April 7, 2015 2015 FREEWAY PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2015-01 AND 02 PROPERTY ID IHOUSE ISTREETNAME LEVY#ISTREET LEVY#ISTORM NOTES135119212200516865SHINGLE CREEK PKWY 19058 $ 36,820.77 1 $ - Commercial Cl, (A) 109,260.45 sf, (B) 82,795.46 sf k-Il 3001790Q9 0Q9 100 1101 1101 6109 6 101 00j9 1 011 90ic 1019 '011 11 I 019 11J 9 p119 9/11 61/1 11 Q09 1099 9199 11/9 Oi/-9 6199 P91 99c 00C 1099 9099 1099 o 91990 3319 2 C U)E E (U0 Cl)(U - (Ua) (U U) U) (U U) U) E °-- ' 1< E (UC ç. a) (U CL U) - coa10 <- C 0 0 •Cl) 0U) U) U)(U (U (U >o o 0 . 0 —0_ 0 0. >222 2o2G CL 11 O 00 IL Dun E 0LI] LLJ Lu a L0 Cl0 ZOz 4z/ c / 22 7 o [7oocEEI 9001p009 109 0171 1O1 O0j9 1011 p0 11 UIC 901C ElI C eli cLbo?TJ/ GC 0? / I -—.L/I / 11 C I 6 3219 909 3301 GLG CLZc.1. 3307 81Z6 6LaC 3313 3300 3301 6734 6724 3307 MHflflUUUL IC) C ca c\J >.I- C —3 z + U) Cci) Eci)>0 > ku a) cDC/)U) Ile 0 LL- .01i;iUjJJJip1-N IL >('3 ci)ci) 9831 6740 I1IJ[.J I fl I M 7 LA I M'A [I) Ul aiA'A I DATE: January 6, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Hearings for Freeway Park Area Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos, 2015-01 and 02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Freeway Park Area Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on January 12, 2015. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2015-01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2015-01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Freeway Park Area. The project was previously established by the City Council on March 24, 2014, by Resolution 2014-39. On December 8, 2014, the City Council received the project feasibility report and called for a public hearing to be held on January 12, 2015, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: Street Improvements - Full street reconstruction of all streets (except Freeway Boulevard) including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, installation of a 6' sidewalk along the west side of France Avenue between 68th Avenue and 69th Avenue, replacement of street signs, and boulevard restoration. Partial street reconstruction of Freeway Boulevard includes base preparation, bituminous paving and miscellaneous repairs of concrete curb and gutter, sidewalks, and driveway aprons. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people am/preserves the public trust I[I1IJ1iJ I fl I I Mh'A tYA I Dk"A [I] euiiisj'i 2.Storm Drainage Improvements - Includes the installation of new storm sewers and installation of concrete curb and gutter on all streets except Freeway Boulevard, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes on Freeway Boulevard. 3.Water Main Improvements - Includes the replacement of approximately 80 percent of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. The water main within the multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) is privately owned and no improvements are included as part of this public project. 4. Sanitary Sewer Main Improvements - Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines, except for the 21-inch diameter trunk line that runs along Ewing Avenue, 68th Avenue and Drew Avenue which was lined in 1995. The sanitary sewer within the multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) is privately owned and no improvements are included as part of this public project. II. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the Freeway Park Area. On November 10, 2014, the City Council adopted the 2015 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2015 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 204 residential properties that are zoned "RI ", 6 multi-family properties with 101 units that are' zoned "R3", and 2 commercial properties that are zoned "Cl". Special assessments for single family residential properties that are zoned RI were calculated at full unit assessment rates of $4,066 for street improvements and $1,220 for storm drainage improvements. The multi-family properties (Victoria Townhouses and Earle Brown Estate Townhomes) that are zoned R3 were assessed based on unit assessments prorated per total lot frontage. The commercial properties that are zoned Cl were assessed based on an acreage basis. See the attached revised Appendix D—Final Assessment Roll and Figure 6—Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Public comments are included in the Feasibility Study (Appendix B). Subsequently, an additional public comment was received from the Spiritual Life Church at 6865 Shingle Creek Parkway (see lVlission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust [EI1IJ[iJ I N V V I I ak!1 toj iwi mj i attached memorandum dated January 6, 2015). Currently, staff is not aware of any substantive objection and recommends approval accordingly. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1.Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2015. 2.From October 1, 2015, to the end of the business day on November 25, 2015, a property owner may pay the total assessment, with interest calculated from October 1, 2015, to the date of payment. 3.A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2016. The total principle will be payable in annual installments. Interest at 4.0 percent is paid on the unpaid balance. 4.Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and stoim drainage improvements for Improvement Project Nos. 2015-01 and 2015-02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2015 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $7,260,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 8, 2014. Strategic Priorities: e Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the quality of life for all people 1111(1 preserves the public trust City Council Agenda Item No. 8b EI1IJ1iJ IU I I MYA IA I ak'A 0) I P1PJ'A I DATE: April 7, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: An Ordinance Relating to a Permit for Land Disturbing Activities; Amending City Code Section 35-235 and Removing City Code Section 35-2230 Recommendation: It is recommended that the City Council consider approval of an ordinance relating to a Permit for Land Disturbing Activities; amending City Code Section 35-235 and removing City Code Section 35- 2230. Background: The attached ordinance amending Section 35-235 of the City Ordinances regarding a Permit for Land Disturbing Activities has been updated' and,prepared to meet all regulatory requirements and guidelines. Some of these proposed changes are required by the Minnesota Pollution Control Agency (MPCA) holistically for all communities across the state and some are changes required by the Watershed, maintaining consistency across the watershed. It should be noted that many of the changes required by the Watershed are reflective of new standards required by the MPCA that have been implemented by most watersheds across the metro area in one form or another, maintaining general consistency across the region to ensure competitiveness while not imposing an unfair disadvantage relative to redevelopment from one community to the next. Additionally, during the re-authorization of the City's Municipal Separate Storm Sewer System (M54) permit, the MPCA provided guidance to the City regarding items needing clarification. These ordinance revisions are required by the MPCA for MS4 permit compliance and are summarized as follows: Adds references to both the Shingle Creek and West Mississippi Watershed Management Commissions' Rules and the MPCA's Construction Stormwater Permit requiring plans to comply with those references. Clarifies agreements required of owners for the maintenance of private stonnwater management faculties and establishes enforcement actions to ensure compliance. Eliminates the redundant ordinance, Section 35-2230, which will be removed from the City's ordinance. Revisions have been made to Section 35-235 that combine , several items from Section 35-2230 The Planning Commission reviewed the ordinance revisions at the Commission's March 26, 2015, meeting. The Planning Commission held a public meeting pertaining to this item and no comments on the matter from the public were received. The Commission voted unanimously to recommend approval of the ordinance revisions, relating to a permit for land disturbing activities, amending City Code Section 35-235, and removing City Code Section 25-2230. (see attached meeting minutes) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S[I1IJ[iJ I fl11I1 L'A I L"4 (I) 1'II sA' I Consistent with the City Charter, this item was first read on March 23, 2015, published in the official newspaper on April 2, 2015, and is presented for the second reading and public hearing by the City Council. If adopted by the City Council, the ordinance would be effective after thirty days following legal publication. Budget Issues: There are no budget issues to consider. Strategic Priorities: e Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES; AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 35-235 PERMIT FOR LAND DISTURBING ACTIVITES of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: 1.No construction, reconstruction, development, redevelopment, grading, excavation, or other activity shall occur without first securing a permit from the City Engineer if such activity causes a land disturbance of o n e - h a 11 (1 /2 ) a c r e one acre or more of land., or a land disturbance of less than one acre if it is a part of a coon plan of development of one acre or more. 2.The applicant shall submit construction plans and supporting calculations. The submittals shall comply with the following requirements. a. The nlans shall meet the requirements of the Shinale Creek and West Mississippi Watershed Management Commission's Rules and Standards, and the Minnesota Pollution Control Agency Construction Permit. Alternative treatment best management practices must be considered where any of the following apply: i. Where industrial facilities are not authorized to infiltrate industrial stormwater under a National Pollutant Discharae Elimination System/State Disposal System Permit; iL When receiving runoff from fueling and vehicle maintenance areas. unless the infiltration practices is designed to allow for spill control: iii. The infiltration practice shall be 10 feet away from all buildings, or: The infiltration practice shall not be used within fifty-feet (50') of a municipal or private well, unless specifically allowed by an approved wellhead protection plan. b.The describe to be taken to impactscontrol constructionplan shall steps discarded building truckmaterials, concreteon water quality such as washout, chemicals, lifter and sanitary waste. ib., The plan shall provide 2-foot contour lines with spot elevations of proposed grades in relation to existing grades on the subject property and adjacent land. The location and type of erosion control devices shall be clearly labeled. c.The plan shall include every effort to minimize disturbances of existing ground cover and shall provide that ground cover shall be provided within five (5) days after completion of the grading operation. Erosion control devices shall not be removed until ground cover is established. 0. The plan shall address the management of post development runoff and means of assuring the long-term maintenance and operation of best management practices and storm water management structures, devices and methods. -I:opiuIIllijlJItkw UiM1fI1llLWJirJvtJi UJJI]IIIIINILUIIIIIAIP$1011hI ]i1,000I1 [IU1 - a. The City Engineer may require such additions or modifications to the plan and may impose such conditions and restrictions on the permit as the Engineer deems, necessary to provide water quality protection. Such conditions may include, but are not limited to: limiting the size, kind or character of the proposed development; requiring the construction of structures, drainage facilities, storage basins and other facilities; requiring the replacement of vegetation; establishing required monitoring procedures; requiring that the work be staged over time; requiring the execution and filing of such declarations or agreements as the Engineer deems necessary to assure the continuing monitoring and maintenance of all facilities and systems; and requiring a performance bond, or other acceptable security, to assure that all facilities and systems are constructed as required. 4.Every effort shall be made during the permit. application process to determine the full extent of erosion control required. However, the City Engineer may require additional controls to correct specific site related problems as inspections are performed during construction. 5.All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. 6. All activities requiring g a permit under this section shall conform to all requirements of federal, state and local laws, rules and regulations. 7 The City Engineer shall inspect and enforce all control measures and shall receive and consider reports of non-compliance or other information on construction issues related to water quality submitted by members of the public. Non-compliance with the requirements of this section, the approved plan, any conditions or restrictions imposed by the City Engineer, or any orders issued by the City Engineer under paragraph 4 of this Section is a violation of this Section. 8. Maintenance of Private Stormwater Management Facilities. a.No private Stormwater Management Facilities may be approved unless a maintenance plan is provided and is consistent with City Code. and the Shingle Creek and West Mississippi Watershed Management Commissions' Rules & Standards. All such facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. b.Owners of private Stormwater Management Facilities shall enter into an agreement with the City setting out how the owners shall provide for the lone-term operations and maintenance of the facilities. 9. Easements. The aoolicant shall establish—Ina form centabje_ to the City. temnorarv and perpetual easements for ponding. flowage, and drainage purposes over hydrologic features such as water bodies and stormwater basins. The easements shall include the right of reasonable access for Jnsnectioii, mcnitorinamaintenance. and enforcement purposes. jQ Enforcement Actions to Ensure Compliance. a.Orders. The City may issue an order to modify the approved plan and stipulate a time frame for compliance. The applicant must comply with said order. b.Permit Susuension. The City shall susuend the Permit and issue a sto work order if the City determines the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans. the Permit, or this Section. The City shall reinstate a suspended Permit upon the applicant's correction of the cause of the suspension. C. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the City. th Permit Revocation. If the applicant fails or refuses to cease work as required, the City shall revoke the Permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security. The City shall not reinstate a revoked Permit, but an owner may apply for a new—permit. e.Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project Site or adjacent Sites affected by project failure or to implement actions specified in an order to modify plans. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures accordiun to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the applicant's financial security or, in the case where no Permit was issued, payment will be assessed against the property. f.Action A g ainst Financial Security. In any of the followiun circumstances the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City. and to reimburse the City for all direct costs includina, but not limited to, staff time and attorney's fees: The Applicant ceases Land-Disturbing Activities and/or filling activities prior to completion of the Stormwater Management Plan; ii.The Applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her Permit revoked under this Code: iii.The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before Final Stabilization is implemented for the Site or portions of the Site, whichever is later, or: jy The City determines that action by the City is necessary to prevent excessive erosion from occurring on the Site. g.Misdemeanor Violation. Any violation of the provisions of this Section or failure to comply with any of its requirements shall constitute a misdemeanor. h.Cumulative Enforcement. The procedures for enforcement of a Permit, as set forth in this Section, are cumulative and not exclusive. II. Financial Security, The City shall collect a surety for erosion and sediment control before any building permit is issued. The surety is returned to the person who posted the security when the permanent erosion and sediment control has been established and has been approved by the City. The surety will be used to either remedy erosion or sediment control violations or to complete the establishment of permanent erosion and sediment control, as necessary. 1. A satisfactory erosion control and grading the Miimesota Pollution Control Agency's Best Magernent plan consistent with Practices Handbook beforebe bymust approved the City Engineer building isa grading or permit issued for construction, if the construction will result in disturbing the soil. 2.The grading and erosion control plan must provide 2 'foot contour lines with spot elevations of proposed grades in relation to existing grades on the subject property and adjacent land. Also, location and type of erosion control devices shall be clearly labeled. 3.Every effort shall be made to minimize disturbance of existing ground cover. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation; in no event shall erosion control devices be removed until ground cover is established. 4.Every be during the buildingeffort shall made permit application process to determine the full However,extent of erosion control required.the Engineer to City site relatedmay require additional conols correct specific problems as normal inspections are performed. 5.All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. Noncompl4-aee-- with--the-grading and erosion control plan shall constitute grounds for an order from the City to halt all construction. 6. All that in disturbancegrading and constmction activity results the shall comply Minnesota Pollution Control Agenc's Bestwith of ground Practices. Management This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2015. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MARCH 26, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:03 p.m. 2.ROLL CALL Chair Scott Burfeind, Commissioners Randy Christensen, Benjamin Freedman, Stephen Schonning, and Rochelle Sweeney were present. Commissioner Carlos Morgan arrived after roll call at 7:11 p.m. Also present Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. 3.CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 4.APPROVAL OF MINUTES - FEBRUARY 26, 2015 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve the minutes of the February 26, 2015 meeting as submitted. The motion passed unanimously. 5. PLANNING ITEMS 5a) PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES, AMENDING CITY CODE SECTION 35-235, AND REMOVING CITY CODE SECTION 35-2230 Secretary to the Planning Commission Tim Benetti introduced the proposed Water Management Plan, discussed the past history and stated the purpose of the new Water Management Plan. He explained that the Surface Water Management Plan needed to be updated every two years per the Minnesota Law. He also stated that this Surface Water Management Plan is part of a larger 15- year plan that the City would like to have in place. Mr. Benetti reported that the City Council held the first draft reading on February 23, 2015 and was sent back to the Commissioners so a public hearing could be held on the matter. PC Minutes 03-26-15 -1- DRAFT Commissioner Christensen questioned the portion in the new City Code that speaks about the ability to have a private well. He mentioned that this was the only portion of the City's Code that dealt with the issues of private wells on properties and he read this, as citizens will no longer have this ability. Mr. Benetti stated that there are new rules that are in legislation currently that will affect property owners' ability to have private wells. He stated that the new legislation would affect current DNR rules on how Metro communities are protecting the aquifers and their drinking water. Mr. Benetti explained that these wells that are being referred to are those for drinking water not for irrigation purposes. He stated that the City's Engineers are currently in the process of updating the city's Wellhead Protection Plan, which likely will provide new policies and standards for residential wells and other wells throughout the city. Benetti added there was recent discussion with a developer of a site to continue to use existing on-site wells for lawn or plant irrigation, but no final decision on this issue has been made. The Wellhead Plan is intended to protect the city's water sources. Benetti stated the questions or topic of wells under this public hearing item may not be related to the issue at hand; since this agenda item is in regards to storm water management and land disturbance permits. The new ordinance states any new "alternative treatment" system or infiltration plan must be certain distance, 50-feet from a municipal or private well. Commissioner Christensen agreed that it would be easy for a citizen to tamper with another's water source if it were a well compared to a City's water system. He explained that his question stemmed from working with homeowners who have built ponds rather than a well source. Director of Business & Development Gary Eitel explained that wells drilled by individuals typically are only 60 feet down compared to the City's aquifer close to 400 feet down. He explained the reason that it is concerning if citizens are drinking the water from 60 feet below is that the water is not treated nor cleaned. He explained that in the world the conversation of water and how to replenish aquifers is getting louder and the prospect of selling water to other states is coming closer. Commissioner Christensen asked Mr. Benetti on why the change from one acre down to one-half acre properties that must comply with this new plan. Mr. Benetti explained that the Watershed Commission did the one-half acre requirement and cities need to follow suit, but more importantly it will encompass a lot more properties that need to abide by this allowing cities to protect water sources. PUBLIC HEARING - AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 There was a motion by Commissioner Freedman, seconded by Commissioner Sweeney, to reopen the public hearing regarding the Ordinance Relating to a Permit for Land Disturbing Activities, Amending City Code Section 35-235, and Removing City Code 35-2230, at 7:28 p.m. The motion passed unanimously. PC Minutes 03-26-15 -2- DRAFT Chair Burfeind called for comments from the public. There were no individuals in attendance and no comments received, at that time. - MOTION CLOSE PUBLIC HEARING There was a motion by Commissioner Freedman, seconded by Commissioner SchonLning, to close the public hearing regarding the Ordinance Relating to a Permit for Land Disturbing Activities, Amending City Code Section 35-235, and Removing City Code 35-2230. The motion passed unanimously. The Chair called for further discussion or questions from the commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES, AMENDING CITY CODE SECTION 35-235, AND REMOVING CITY CODE SECTION 35-2230 There was a motion by Commissioner Freedman, seconded by Commissioner Sweeney, to recommend approval of an Ordinance Relating to a Permit for Land Disturbing Activities, Amending City Code Section 35-235, and Removing City Code Section 35-2230. Voting in favor: Chair Burfeind, Commissioners Freedman, Christensen, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. 6. DISCUSSION ITEM 6a) STAFF UPDATE OF ONGOING OR PENDING DEVELOPMENT ACTIVITIES AND PROJECTS Mr. Benetti explained that New Millennium Academy, a charter school group from Minneapolis that provides public education for children K-8, is now looking at the Malmborg's Nursery property, off Brooklyn Boulevard and Lilac Drive. The school would like to build a 75,000 square foot two-story building, parking lots, regulation size soccer field and a drop off/pick up zone for parents. This property would be located between Brookdale Covenant Church and Happy Hollow Park. Mr. Benetti stated this project would likely lead to installing needed traffic safety and access controls off Brooklyn Boulevard, which have already been identified under the completed Brooklyn Boulevard Study (from SRF Consultants) in 2014. Benetti stated this lower leg of Brooklyn Blvd. is targeted for 2017. The study calls for providing a full, lighted intersection near the ramp entrance from Hwy 100 and the north end of the Brookdale Covenant church property. If the school were to be built this would allow the road access to the church that the City needs in order to get this project completed. Mr. Benetti explained that the school is looking at a very aggressive timeline of PC Minutes 03-26-15 . -3- DRAFT starting the project in September in order to have a June 2016 completion date. Mr. Benetti explained that this was more for informational purposes rather than gaining the Commission's feedback at this point in time. Chair Burfeind asked if the school buys the property what will the current property owners do. Mr. Benetti explained that the current owners are looking at closing operations and moving to where they are headquartered. 6b) STAFF UPDATE ON ORDINANCE AMENDMENT FOR REDUCED SETBACKS ON PORCHES AND DECKS IN RESIDENTIAL ZONES Mr. Benetti provided overview on the ordinance for the setbacks on porches and decks highlighting that this ordinance has already been in front of the City Council who sent it to the Housing Committee for review and recommendation. Comments from the Housing Commission were included in the packet; and the Planning Commission should refer to these or take these under consideration when this matter is brought back for review. Benetti let the Commissioners know that this ordinance will be appearing in April or early May under a scheduled public hearing. 6e) JOINT CITY COUNCIL-CITY COMMISSIONERS MEETING FOR APRIL 8, 2015 Mr. Benetti provided a detailed overview regarding the Joint City Council-City Commissioners meeting and how the meeting has typically run in the past. Mr. Benetti shared the Planning Commissions' slideshow that highlights what the Planning Commission has accomplished over the last year and its goals in the upcoming year. He reminded the slideshow presenter to keep comments to 5 minutes in order to keep the meeting running smoothly. 7.OTHER BUSINESS Chair Burfeind made the announcement that this will be his last meeting because he is turning in his letter of resignation. He thanked the members of the Commission for their excitement towards projects and support while he has led the Commission. He mentioned that he is excited to see what the future holds for the City of Brooklyn Center and that the people in this community have made serving them a joy. The Commissioners expressed their sadness but excitement for Chair Burfeind. They thanked him for his years of service and expressed how he has changed the face of Brooklyn Center for the good. Mr. Eitel expressed his sadness to see Chair Burfeind leave because of his dedication to the redevelopment of Brooklyn Center. He thanked him for his diligence and professionalism throughout all the meetings. 8.ADJOURNMENT PC Minutes 03-26-15 -4- DRAFT There was a motion by Commissioner Schonning, seconded by Commissioner Freedman to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:01 p.m. Chair PC Minutes 03-26-15 -5- DRAFT City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6220 France Ave N (Ewing Square) 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 6220 France Ave N (Ewing Square). 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 6 building, 23-unit multi-family property, Ewing Square. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on eighty-eight (3.83/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: 11-13-2014 The Owner, Juanita Pekay, applied for renewal of the rental dwelling license for 6220 France Ave N, a multi-family dwelling. 12-09-2014 An initial rental license inspection was conducted. 88 (3.83/unit) property code violations were cited, see attached rental criteria. 01-20-2015 A second rental inspection was conducted and failed. A $150 reinspection fee was charged to the property. 01-31-2015 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-09-2015 A third inspection was conducted and passed. 02-17-2015 The $150 reinspection fee was paid. 03-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-03-2015 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. 03-17-2015 A Mitigation Plan was submitted. 03-23-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 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. 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. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 10-1 Type 11-2 Year 1-2 units - J Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but notmorethan8 Type IV - 6 Months 11-2 units _Greater than8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1IJ[J I I I MY4 IhYA I k'A [0) 1iI P1BJI 5 or more units 0-0.3 5 I Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units 4Greater than 0.2 5 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I City of Brooklyn Center Phone: 753-5593300 TI)' 711 6301 Shingle Creek Parkway Far: 73-59-3360 Brooklyn Center, MN 54302i www.cityoJbrookIMer or Rental License Mitigation Plan -.Type IV Rental License Iiauthvri#ei pious will not be accepted. Please type or use flthibMform on City website. Set iOri..:A Iroierty]ñfoniiatioii: Property Mdrss: 6220 France Avenue North .. . . : . . . Owner Namc: MB(3 Prcpert1 iernent!Juanila Peky LocalAge.nt: ci King .7. OiierAddres AgcntAddrcs - • . 725 E€slor Eijj MN 5oc 1e 22O Frame Anuo North Idyn Cn1r. MN MANai Ownci- Pho ne: o245581 Acnt Phone: 7634320851 Owner Email:juanjtapekyjaflkeflhs.c Ant Email cicingmbgprop.corn. R.enral License:"N Date;Renewal:.. Current E1ceuse ExpIration Date;OU 2 Ol • . ell , ind Type. IV License Exp. Date 07 '3112015 __. (n o flic rj n cuffe nt 1cin 'r6, ?iJO/J) Based on property conditions andior validated police nuisance inident, the above referenced property qualiliea for a Type IV Rental License.. Before your license application can be considered by the City Council, a Mitigation Plan must be mpleted and reviewed by City staff. A fully completed Mitigation Plan must lie 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 onnoing conflance 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 i n order to meet all the eby ordinance and Mitigation Plan requirements within this pending license period and avoid legal actions. :.:. :.: Y,.:... H.H. -..SI^ctpon!_B -.Req .uircdiJDcumdnts. .:.J. yS.:.; Submit the following dtwuments with the Miti ga tio n Plan for approvaI I L Crime Frc Housing Pr ogra m Training certificate (if completed, if not completed, please include scheduled date in Section C. 2.C:rime Free Housing Letise AddendumCopy of Lease including Minnesota1! 1' J 3.Submit written report by 10 0 of each month (afici license approval) Se.tioji C- Ciime Fiec housing Pugi.im_Rcguueinents__________- _____ ____ - Pliace I.1 I.Use written lease including Crime Free Housing Lease Addendum. F i 1 7 Cncluct criminal back g round check for all prospective tenants, Provide do merñtioii*o City if rcquetd.I___LJ .Pursue the eviction of tenants who violate the terms of the lease or any addendurns. P a ge i Type IV Mitigation Pion Rev 11-1541 Date L a st Repla ced keptacemeni Date - 0312010 032O0 reaier -need - 03/2010 mhtlyatms aa nee!ed D1210 reiteva4loM al;, ngodgts 0212010rrnalIDn SGc11 03/2010 neiIane as rmpeded 03010rgAa(a--- aneeJed - 03F2010 ramnffons;neGd 0t2010rert!kjn WA MA 3/2010rT s needed 10teyI1tin - - -- 03/2010 tenvii&rrn --os management of you properly, faseian1m_______________ -Roof g the following best practices may assi 1he boxet k1ou? y am agree 10: 7] 4.1 Attend City approved eig1t hour Crime Fr ee Housing ccurse. vtj Date Course Compkte.d: or Wte Coarse Scbduled: Ph a se fl1 / 1 complete Security Assess ment and implement all ecudty improvern4nts recm mnkd by the brooklyn Center Police Depar tment, DAte SChcu1ed: Oa/24f2015 @P.M. I m provements to be compI t tod by: (YAA4 Phase flflLit] r ,ill attend a miihum of 50% of the ARMiieethigs (two). I U1 attend the ARM nietngs scheduled for: ft ,4/201 & 071012015 D4 thes two meeting datts ooeur before the *e j Y^pc 1VL1ieiise expiration due? W Y 0 No (*$ee LSctIon4) LI no, you wifl only be b1 to qualify for a Type W Rital Lkens upon r&icwaL 1J I 4uuiave no repeat code v i olations previously d o cumented wthfrt the pest year. wiili,frnrr or rnoe units: I 'ilI condu ct resident tr a ining nnuA1ly that inoludes crime prcvetiticni teohnique5.Lij I 4iiJ hold regular resident meeting. Based on condition and age, estimated repIaiemcnt dates are provided for cornmoii capital items Funding * should be onidered accordingly. however, items broken, worn or otherwise in violation prior to the estimated -rolac emeit date w ill require earlier corretions. -- i. Phook in with tens* evely30 days. 2. P rive by property to check for violations twke a month Page 2 Type IV MftIgt1on Part Roil 11641 3.Evict tenants in violation of the lease- and all addendums. 4.1rovjde lawn/snow service,I 1 . rov1de garbage seivicc . install sediriy system,- - MBG Property Maintenance 7. 16vide maintenance sdce plan for appllanc-e;s. Name of eMc I 1 ?I . 4am and will remain current on payment of utility fee; taxes, assessment; fines, penalties and other fnanciaI elairn due to the City.ILl . 4Mher(s)i' _*0. Please riaa4 thoroughly: If the TypelV P.ental Litrie is approved by the City Coirncll. the Licensee must comply with the approved Mitigation )an and alE applicable èfty codes. No later than the 10 1h of each calendarmorith, the licenses ms( submit to the Duilding and Community Standards Department a written report describing all steps taken to comply wlt the Mitigation Plan, I vorit'thaaII information provided above is mie and aocrato. I understand that ifido not comply with an approved Oiption Plan, comply with all applic.ablo ordinaricas within tho license pe;riod or operate beysid the Liceri xpiration date; enforcement actions such as citations, formal complaint or license review may result. Cass, King - Property Manager Owner or Agent Nsiio id tle (Pleas? Mi) çT Owner or /lgent Signature Additional Owner or Agent Name and Title 1fa AddLrioiil Owxr LU Agent Slgaature; fpp1icab lor City L q'-Nfl igation P19nAppro\.d Dy: -/64' c1 Police D rrajt / Title din onfity Page 3 03/1612015 Date - (Plame Frini) Date 3 11-.7Ltc Type IV Mitigation Plan Rev 11L&41. City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager U V FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4213 63'' 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 4213 63 k' Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on seventeen (17) 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 infomiation. The following is a brief history of the license process actions: 08-18-2014 The Owner, Bryan Friendshuh, applied for renewal of the rental dwelling license for 4213 63rd Ave N, a single family dwelling. 09-10-2014 An initial rental license inspection was conducted. 17 property code violations were cited, see attached rental criteria. 10-16-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-30-2014 A third rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total reinspection fee is $200. 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 11-14-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total reinspection fee is $300. 11-17-2014 The $100 reinspection fee was paid. 11-17-2014 Property Management representative was not notified of the inspection. Therefore, $100 reinspection fee will be waived. Total reinspection fees owed is $200. 11-30-2014 The previous rental license expired. 12-04-2014 The owner was not clear on the garage siding violation. After further discussion with the owner, the owner elected to remove and re-install siding. The $100 fee reinspection fee was waived. 12-09-2014 A fifth inspection was conducted and passed. 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. 02-18-2015 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. 03-09-2015 A Mitigation Plan was submitted. 03-11-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. 04-07-2015 A $300 citation was issued for operating without a rental license. 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 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 proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 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. 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 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 1-3 Year 1-2 units 10-1 Type 11-2 Year 1-2 units 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 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 as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more thaii7 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 13 -4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center Dp Phe: 73-5693300 TIY 711 6301 ShigIe C. ek Parkway Fox , - - Brooklyn Center, MN 5543O219 ww4v4yofbrekiynciTterorg : Rental License Mitigation Flan-Type W Rental License Handwritten plans will nol he cceptd Please type or usefiththk form on City Scion Propert1nforthatii . Propertykddress:4213 63rd Avenue North OwrieName BTYan Frlendshuh Owner Address 5809 Ternorest Dr Uthia 0 92547 Agent Address - 837 winrietka Avt H 4di VlIey M 5427 -Owner Phone: 6 12472695 Agent Ph6fte:61 2-236-5384 1)',\1 Qgmai l .comryan.Agt Rental lAeetise: New [Renewal: Current Ljcense.Expiration Dale:1 1130/2014 Pending Type W License Exp, Etn 5/3112015 fSfr m from wrent licn iio:- Based on property conditions and/or validated police nuisance indents, the above rcferend property qwilifics for a Type IV Rental License. Before your license ippliction can be considered by the City Council, a Mitigation Plan must be complettd and reviewed by City stafE A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application proeess The Mitigation Plan should iidieatc the steps being taken to correct identified violations and the measures that will be taken to ensurC on quitg compliance with City Ordinances and applicable Codes The Mitigation Plan provides an opportunity to review property concerns and identity psThle %olufim to improve the overall conditions and maliaZement of the property. . NOTICE: Time is Running Out-You niut TAKE ACIIOX NOW in order to meet all ihe city ordinance and Mitigation Plan requirements within this *cnding license period and avoid legal actions. P I- Subitift tho. following document s with the Mitigation Plan for approval , I 1I Crime Free Housing Program Training Certificate ( completed, if not completed, please include scheduled date in Section C. I II 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum U V . Submit written report by 10 of each mouth (after licenseapproval), Fhac I V I l Use rnitten lease including Crime Free Housing Lem Addcndum. ED2. Conduct crimiFisl baekgiitrnd check for alt prospective tenants. Provide documentation to City if requestecL , Pur'e the ivetion oftenan who viol -ate 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: 4t2MW5 or Date Course Scheduled - - IIvj Complete Security Assessment and implement all security improvernei1s recommended by the Brooklyn CenteiP 7- oliceDpatment , i' -'-15J2-C - Date Scheduled --80612fff Improvements to be completed byf PhaselUtiI II will attend a Minimum of 50% of the ARM rneeting3 (two). -. I will attend the ARM meetings scheduled thr; Mith 12,2015 & L . 1ay I4201 - Do these two iieetbg dates occur before the*Pending Typv WLicense expiration date? *yes []No (*See Sec/ion A) TI no you will only be ablo to qualify for a Type IV Rental Lken upon teiewn1. L' Ij wiI have no rcpeat code violations previously doeurnertted wIthin the past year. Frprupw1(es with four or more wths I i will conduct resident training annually that includes crime prevention techniques.1 1 1 will hold reguhr resident rneetins. Based on condition and age, estimated replacement dates are provided for common capital items. Finding should be considered accoring1y. Uowcvei items broke; worn or otherwise in violation prior to the estintated Ihf j-11 re"_u;rs. e.nr1r irectirns Date Last Replaced — Replacement Date Fui/AC 312004 2024 Water Heater-312004 201a Kitchen Appliances-312004 201 Launk App ance - -. 10)2013 2028 Exterior -Paint/Siding, fascia, trim - - -Windows -Roof n/a -2030 n/a 2030 2030 2030 Shed_ -Garage --Sidewalks.. n/a ---- 2030 nfa 20$0 ___________________2030-2030 Smoke Alarms & Urbon Mnoxide Alarms 9/2013 201& SonEStepto IniproveMinagementtnd Condn implementing the following best practices may assist in the management ofyouxjoperty. By' checking the bexes MOW, On Ogree lo: 1. Check in with tenants cvdry 30 days. F! i I 2. Drive by pjVpffty r cheek for violations twio a motith. Page 2 Type IV Mitigation Plan Rev 11-1541 Evict tciits i ji violation of the Imse and all addendums. II .provide lawn/snow service. L_ ,Provid garbage service. II 1 6.Install smurity system. j 7. Provide maintenanco service plan for appliances. Name of service co. g I aniand will remain current on pyntent of utility fees, tes, a essnients fines penalties and other financial claims due to the City other(s): Please read thoroughly: lithe Type JV Rental License is approved by the City COW1cIL the Licensee itiust comply with the Wroved Mitigaticiri Plan and all applicable city codes. No later than the 1 O ofh lendar month ? the licensee must .submit to the Building and Coriimwilty Standards Department a written report describing all, steps taken to comply with the Mitigation Plan. I verify thautil information provided above is true and accwnte I undnrstattd 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 resultn 1tcbehi or Agent Name and Title (Please P411 Owner or Acnt Signature Date Additional Owner orAent Name and Title (app1kth1) (NNse Pint) Additional Owner or Agent Signature (pp1cahI) Date For City L1i—ivfriIJgatoii Plan A ii'cd Hy Department I Title sLk 5. Department /Tide Date 40hi 71 -- flat Page 3 Type lVMitlat1or Plan RV 114-11 City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lwokk-^^ SUBJECT: Type IV 6-Month Provisional Rental License for 5607 Lyndale 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 5607 Lyndale Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) 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: 12-02-2014 The Owner, Timothy Quam, applied for renewal of the rental dwelling license for 5607 Lyndale Ave N, a single family dwelling. 12-17-2014 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 02-11-2015 A second rental inspection was conducted and passed. 02-18-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-18-2015 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 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-28-2015 The previous rental license expired. 03-06-2015 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. 03-13-2015 A Mitigation Plan was submitted. 03-18-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld April 13, 2015. If approved, after six months, a new rental license is required. The license process will begin within two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City COuncil together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, ]'s'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year I 1-2 units 10-1 Type 11-2 Year 11-2 units I 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year No Category 1-2 0-1 Impact 3-4-units; 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than! 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units -Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 JII flt2O5 Phone: 763-59-3300 lTv' 711 Fax: 763-569-3360 www.cityofbrooklyncenter.org Rental Lkene Mitigation Plan—Type IV Rental License HaAdwr!llenplaf.s will #ot he accp eS Please type or use fdfrthle form on City websile. on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Te IV Rentai License Before your license application can be considered by the Cit) Council1 a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be 6mittcc1 immedpi1e1y 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 toensure ongcijn 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 Rnnning Out You, must TAKE ACTION NOW in order to meet all ihD city ordinance and Mitigation Plan requirements within this *pending liccne period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval; f I I Crime Free Housing Program Training Certificate (if compktd, if riot completed, please int.lude scheduled date in Section CLI U 2. Copy of Lease including Minnesota Crime Frce Housing Lease Addendum/ I . Submit written report by 10" of each month (aIer tketise approval). I v 1 I Use wrlfie.d lease including Crime Free Housing Lease Addendum 1 1 2 Conduct criminal background cheek for all prospective tenants Provide documentation to City if r--7-1 requested. ______ 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums Page 1 Type JV Mitigation Plan Rev 11-15-11 L 4. Attend City approved eight hour Crime Free 1-lousing course. Date Course Completed: or Date Course Scheduled: Phase IITv' J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department, Date Scheduled:. A(,V) Improvements to be completed by: )t) Phase m 77 - 11 will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 03112/5 & 05114115 Do these two meeting dates occur before the Pending Type JJ'License expiration date? Yes U No (*See Seclion A) if no, you will only be able to qualify for a Type IV Rental License upon renewal. 1 1 1 will have no repeat code violations previously documented within the past year. For properties with four or more units: L- II I will conduct resident training annually that includes crime prevention techniques.1 11 will hold regular resident meetings. Se4aon 11— Long Term capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should he considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier Corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-,t *-w &AC In 201 when noudd Water Heater-2009 7O1 J,V- Kitchen Appliances-fridge 1997 -2022 Laund ry A ppliances-1990's when needed Exterior -Paint/Siding, fascia trim siding mid 1990s 2020's windows mid 1990's 2020's-Windows -Roof roof mid 1990's 2020's -Fence ________________ -Shed __________(,A/110,-Garage Lk XiCt Mi ki 10 - I'1)U/U-Driveway / iV\ VUJ\1.In around $ -Sidewalks_\J\,\(.t! JVV V Smoke Alarms & Carbon Monoxide Alarms 2009 201'9 Other(s) Section E - Steps to improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: II 7J 1. Check in with tenants every 30 days.F71I 2, Drive by property to cheek for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-1641 Li.IL 1 16. [/I7 ILLII & Evict tenants in violation of the lease. and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service co.: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other ______ financial claims due to the City. ii_1 9. Other(s): Please read thoroughly: If the Type 1V Rental License is approved by the City Council, the Licensee. must comply with the approved Mitigation Plan and all applicable city vode.s. No later than the 1 O 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 itrue and accurate. lunderstand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period ; or operate beyond the license expiration date.; enforcement actions such as citations, formal complaint or license review may result Tim Quam Owner or Agent Name and Title (Please Pilni) .3111/15 Owner or Agent Signature - - 15ie Additional Owner or Agent Name and Title (fappIirth1e) (Please Print) Additional Owner or Agent Signature- (jfirppflraMe) Dab For City Use--Midraticu Plan APVIoved By: Police. Department / Title Dat JW Buid &'Coin nuni Standards Deparlrne.nt / Title Date Centerpalnt Energy Service Plus Page 3 Type IV Mitigation Plan Rev ii-ig-ii City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: April 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6324 Scott 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 6324 Scott Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twelve (12) 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: 11-21-2014 The Owner, Benson Vang, applied for renewal of the rental dwelling license for 6324 Scott Ave N, a single family dwelling. 12-19-2014 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 01-09-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 01-23-2015 A third inspection was conducted and passed with weather deferral. A$100 reinspection fee is still owed. 02-03-2015 The $100 reinspection 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 02-18-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-18-2015 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. 03-02-2015 A Mitigation Plan was submitted. 03-11-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. If approved, after six months, a new rental license is required. The license process will begin within two 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 1 1-2 units 0-1 Type 11-2 Year 1-2 units - Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but not more than8 Type IV —6 Months 1-2 units j_Greater than8 b. PoliceServiceCalls. 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 (CallsPerUnit/Year) NoCategory 1-2 0-1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Impact 34 units 0-025 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 025 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 - -2 -- Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center Phone: 753-559-3300 Tn' JZ1 6301 Shingle Creek Parkway Pax, 753-569-330 Brooklyn Center, MN 55430-219 www.cityfLirokfynceriterorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please ie or usefillablefornt on City websi/e.. SeetlDn A— Property Inforniatioii "Property Address: 6324 Scott Ave Owner Name Benson '/ang Local Agent Owner Address: 480 78th Ave N Brooklyn Farh MN 55443 Agent Address Owner Phone - 013009.r, 1-,-, At Phone Oi.nr Email vang0ehs @ live.com al Rental Licensc., LJ Ncw FNI,Rtawwal,rrentLiense E\plratlori Dale 'Pending Type IV License txp, Date: waiiis (Six rnonIF.nJ om ciirrenl license exp:raIio) Based on property conditions and/or validated police nuisance incidents, the above referened property qualifies for a Type IV Rental License, Before your license application can be eensidred by the City Couric[1 a Mitigation Plan must be completed and reviewed by City staff. A frilly completed Mitigation Plan must be submitted immediately to ensure timely completion of the licnse application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure oncoina comjihanct with Cit) Ordinances and apphcable Codes The Mitigation Plan provides an opportunity to rev[ew property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE; Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this "pending license period and avoid legal actions. 8etion —Reguired Documents Submit the following documents with the Mitigation Plan for approval: rv I i Crime Free Housing Program Training Certificate (if'completed, if not completed, please include I / LI scheduled date in Sctjon C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 of each month (after license approval), Sctiit C- CrimeFreeHausigProgntrnRequiiemnts - Phascl 1.Use written lease including Crime Free 1-lousing Lease Addendum, / f 2.Conduct criminal background chcck for all prospective tenants. Provide documentation to City If requested.L 3.Pursue the eviction of tenants who vlolate the terms of the lease or ally addendums, Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight ho or Cri e Frce Housing course,gfir Date Course Completed: Date Course Scheduled: Phase II [J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. JDate Scheduled: .. Improvements to be completed by-- h- Phae HI I will attend a minimum of 50% of the ARM meetings (twO). I will attend the ARM meetings scheduled fore MrCh12O15 Do these two meeting dates occur before the *P r1ing rype JVLkense expiration date? [] Yes No (Ser SrvionA) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I Iwill have no repeat code violations previously documented within the past year. Für popeivAs with four or more wilEs • I will conduct resident training annually that includes crime prevention techniques.1 1 will hold regular resident meetings. Section P Long Term capital 1mprovement Plan Based on condition and age, estimated replacement dates are provide.d for common capital items. Funding should bo considered accordingly. However, itCm$ broken, worn orotherwse in violation prior to the estimated .r e placement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC--. 20+ye?r3 iOyar!yers Water 11cater- .2014 202 I(itchenAp1iances-Syea's Laundry Appliances-NA Exterior -Paint/Siding, fascia, trIm 2-3 yesso - -Windows 1 G-Roof - ,..2012 2032 Fence_________________________________________204 years 10 YeEW5 -Shed -Garage -.-.--.-Driveway •. -Sidewalks -- -- -. G y e ars go 204 B-10 yea r s 20-30 yr •,,NA Smote Alarms & Carbon Monoxide Arms 2012 2022 Other(s)-- ,.--,. --- Sc1i6n E - ps to Thqwove Managernnt and Gondthans of Property implementing the following best practices may assist in the management of your property. Bythecklug the boxes bdow, you agree to: ILL L Check in with tenants every 30 days 11/ I 2 Drive by property to check for violstions twice a month. Page 2 Typo IV Mitigation Plan Rev 11-16-11 LV I 3. Evict tenants in violation of the lease and all addendurns.L__1 . Provide Iawnfsnow serviceL kI 5. Provide garbage service.I I 6. Install security system.EI 7, Provide maintenance serviev plan for appliances. Name of service co: I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other ______ financial claims due to the City.L__i . Other(s) Pease read thoroughly. If the Type IV Rental License is approved by the City Council, the Licensec must comply with the approved Mitigation Plan and all appileabte city codes. No later than the 10 ih 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 vevWy that All information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration dates enforcement actions such as citations, formal complaint or license review may result. 4iWO1L V Owner or and Title (P1ese PrIn) Owner or Additional Owner or Agent Name and Title (fa)jlicabTh) (PMaSe FrTh) Additional Owner or Agent Signature (ifapplk&1e) For City 11 --Mitiwnion Plan Approved By Police Department / Title :JC4ti si Standards Department/ Date Date DW D/e INSOF Page 3 Type IV Mitigation Plan Rev 114641 City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk '."" yfm;k SUBJECT: Type IV 6-Month Provisional Rental License for 3901 Burquest La 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 3901 Burquest La 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 renewal of two rental licenses. This is a single family property. The property would qualify for a Type II Rental License based on three (3) 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. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on January 31, 2015 and one that will expire on July 31, 2015. 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: 01-28-2015 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La N, a single family dwelling. 01-31-2015 The previous Type IV Rental License expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 03-02-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 03-18-2015 A Mitigation Plan was submitted. 03-23-2015 The Mitigation Plan was finalized. 04-02-2015 A second inspection was conducted and passed. City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-03-2015 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. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. 04-08-2015 A $300 Administrative Citation was issued for renting without a license. Current Type IV Rental License approval activities: 07-09-2014 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La, a single family dwelling. 07-31-2014 The previous Type IV Rental License expired. 08-14-2014 An initial rental license inspection was conducted. 7 property code violations were cited, see attached rental criteria. 09-16-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $200. 10-30-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $300. 11-13-2014 A fifth inspection was conducted with staff and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $400. 11-26-2014 A sixth inspection was conducted with staff and passed. $400 in reinspection fees still owed. 01-28-2015 The $400 in reinspection fees was paid. 01-28-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-28-2015 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. 02-05-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-18-2015 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. 03-12-2015 A Mitigation Plan was submitted. 03-18-2015 The Mitigation Plan was finalized. I'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 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. 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. 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 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. ]kfission: 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 11 — 2 Year 1-2 units Greater than 1 but not more than 4 Type III — I Year 1-2 units Greater than 4 but not more than - 8 Type IV —6 Months 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 51 813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 - 5 or more units 0-0.35 Decrease 1 1-2 Greater- than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (he public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 3901 Burquest La N J1'Iission: 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 3901 BURQUEST LA N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3901 Burquest La N, is issued a Type IV Rental License with an expiration date of January 31, 2015; and WHEREAS, the property located at 3901 Burquest La N, is issued a subsequent Type IV Rental License with an expiration date of July 31, 2015; 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 3901 Burquest La 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 two TYPE IV Rental Licenses are hereby approved for the property at 3901 Burquest La N, Brooklyn Center, MN. April 13, 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 CenterPhone: 7635-3OQ TTY ?J 301 Shinji, Creek Parkway 69-3360 Brooklyn Center, MN 55430-2199 ii,ww.ciyofbto&iyriUcrni Rental License MitigatEon Plan—Type [V Rental License Jfanthvriffen plans will not he accepted. P/ec Urpe or use fi/Iabkfarin an C?y website. Section A—P rope rty Jn form tion Property Address 3901 BUURQUEST LAN E NORTH Owner Name: LEE ECKLEYEDITFI & EDWIN P40ANG Leat Agent: Onr Address-, 25 Er7E AVENUE SWH,5 1 tQL9G PAPK. P4 Agent Addrss Owner Phon e; _9g0_1 Agent Phone: Owner Fniad CAR INGSISTERSCOMCAST NET Agetrmatl - Rental License: [-]New []Renewat: Current license lpira1on Date: _I J ZJ I *Pe n di ng Type IV Liceme Exp. Date. -7 fl Based oil propeiLv conditions andor vlldied ioiic ntiince hie nis_ ihe aboe relrcnced qua lifle for a -11 -N pe 1V Ream] I ieene, I3efoic your lice Ilse application can b onsidcmd by mlie Cv Council. a Mitiatiaa Plan nuist he 1:1.111111lewd and reviewed by Cit stall'. A hilly coniEeied Mititatioii Plan mast he stihinilied immediately to ensure timely compktion ot'tlic license application lnmxs. The Mitigation Plan should indicate jhc sjvps bcrg taken to coucci i4ntitied ilatiorms and the measures that will he takemi to nsure nnmoinul cojj t Itli Cl Ordinances and npplicmihlc Codes, The Mitigation Plan provide s'.111 opportunity to review properly concerns and i4Jc III it posble solutions to improve the overa11 condlt ton s and nien o b the property. NOTICI: Time is Running Otit'-Yotm nitistl'AKE ACTION NOW km order to meet allthe city ordinance and Mitktatinn Phui requimemenis within this pending license period and avoid Jeal actions. I Seetitm B— Rea uired Documents . . . I the following documents witli the Mlt1atian Plan for approval: E 1' I. Crime Free I lmtsing Piograni Training CertifkaI (if completed. if not completi±d, please include lieduled date iii Section C LLIII 2. Copy of Lease inctkiding Minnesota Crime Incc Ilousing Lease Addendum I/ . Submit writtCn report h 10 h1 oleach month (after 1icens approval) Sec tion C— Crime Free Housi tig Requirements PhaeI LJ1. Use threim lease imicludin Crime Free IousinL! I ease Addendum. I I Cmiduct criminalkgiound check ron all prcpecive tenants, Provide documentation to City if requested. T j3,Pursue the evict ion of tenants who Violate tht tcrm of the lease or any addendurns. Pace 1 Type IV Mitigation Plan Rev 1146'11 4. Attend City approved eight hour Crime Free Housing course, Date Course Completed , or Date Course S lied uled M'RcH 11 215 [? I Complete Securty Asesrneni and implement rlI :cculity improvements recommended by tht Brooklyn Ceiner Police Deprtmerii Jt)i jbite Scheduled: 1!provernenlsto hioinp1ied by: MAY 16 2014 e Ill I willaiwud a miiimum of O% of the ARM iiiecttas (Iwo). I wifl attend the ARM nicclimis scheduled kr: IAARCH,2T42e1 & MY14,l5 Do thcc ivc, meeting daics ociir hioFe &h !#ri,r 71p! IV Lk-n expiration date? Ey.,[J o (4 Se v Secd on,4) It no, you will only be Ale op qualify foro Type 1V Rent1 License upon renewal, L=.L__1 i will be iTo repeal Imcle Violations prc'ioush documented withii the past Fur pvperiie - it1i J i in inme LiT I Will ctmdiicl rcidiit trninhiit fflmiilh' that incItiks erinle piveiition lechnkiues. I Will lio!d i01.11ai resident ime42tiiut, Section D— Long Termapita1IinproveinentPan 13asid ou conclhion tuid age, iiited icplactment dates aie provided for common cipit& itCin& Fundthg should be considcd aordiugly. Ilowever. 11 citu, broken. om oiolherwir in violalion prior to the elimated rpIcel1eiTt daic Jl rcquir car reorreerions, -. _____ ________ __________ EsiiinaiedE)atc ].ast RpIaed keplacemem Dale 2027 Water I]ialir- 2012 2022 2013Kile IaudrAtp1ianec ____ - 200 2019 Nterior UNSURE UNSURE WiITdow UNSURE UNSURE-Vciice,_ - NONE LiNt UFE UNSURE5idealkONF - NONF Smoke A!arms &Carbon Monoxide Alarms 2015 D18 &ctiou E— StI to Improve Mageinent and Conditions of Properfy Jniptemining ilia followin -a best practice"; iiia> assist in the rntu1temen1 otyour property. Rrdwch!R Ike b oxes belt) lit, iu tegree tu: Lu 1, Check ill with tcnants eveiv 30 days. F71 2, Drive by property 10 check for violations twice a month. Piie 2 Type IV Mitigation Plan Rev 11-1641 EIi 3 . ILlilo. Evict tentus in violation of the base arid all ad(lendumn. Provide lawn/snow, service. Provide aibage sei'vFce, Install seeui'ity sysleni. Provide maintenance seriee plan for appliances. ?/anie of service co.:CENTERPO1NT I am aiid will remain current on paimitt oftiUUjv hc, tas, assessrneuts. 1The5, penalties and otherfinancial elmdm due In tho City,I 1 , Other(s): PIe.se read 1IIc)ugliIy, If th Type IV Rem] I. ecitse k approved by the City ('ouitviL the Lienee must comply with the approv€4Mitigatiomi Plan and all applicbh ily codc, No loteithar the lQ' ofeaeh calendar month, the licuisco mustsubmit to th c anilding and Cornmnitrthv Standards Department a writica rcpom -t describing all steps taken to omimpiy with ihe Mitiaiin Plan, 'ettty IhI all inlbrmaijoji provided above is true and aectiiatc_ I mdilaimd that III do not comftk ith au approved Miligplimi Plan, comply iih all applicable ordinaiice witliir Ilic liceiie prod, omopcate hcond dw license cNpiralon date: enforeemont actions such as citations, luminal complaint. cwl[eenso review may LEE BECKLEY MANAGER Oviier or Aj,wit Nafflil. arid 111k 0 ,14case ?ri ,w nor o Afen1 S gnaliire [Jate Additional Owner tr Agent Name mind iit.l' ifap1IieJIIc) (iki.c Pr!n:j Additional O%rier or Agent Sruilur dJpp2IL-ubJc I)ate FOr City Ue'4\1i i'u kin Plan Approved R Dc artmiit/Tiik D,te .......mldi , Coriumunity Sfafidards l)epanmcnt /Title Date Pate 3 . Type lV'4iUgation Plan Rev 11-16.1 City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5001 Ewing Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5001 Ewing Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a multi-family property with 1 building /4units. 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 property would qualify for a Type III Rental License based on eight (8) 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 failed to complete security improvements and attend an eight-hour crime-free housing course. 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: 12-31-2014 The previous Type IV Rental License expired. 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 01-06-2015 The owner, Bartholomew Dabrowski, applied for renewal of the rental dwelling license for 5001 Ewing Ave N, a multi-family dwelling. 01-08-2015 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 02-09-2015 A second inspection was conducted and passed. 02-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-20-2015 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. 03-02-2015 A Mitigation Plan was submitted. 03-18-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld April 13, 2015. Prior Type IV Rental License approval activities: 04-25-2014 The Owner, Bartholomew Dabrowski, applied for renewal of the rental dwelling license for 5001 Ewing Ave N, a multi-family dwelling. 05-28-2014 An initial rental inspection was conducted. 32 (8/unit) property code violations were cited, see attached rental criteria. 06-30-2014 The previous rental license expired. 07-01-2014 A second rental inspection was conducted and failed. Could not gain access to units to conduct the follow up inspection. 07-17-2014 A third inspection was conducted and failed. A $350 reinspection fee was charged to the property. 07-31-2014 A fourth rental inspection was conducted and failed. Additional violations were found that were not present during the first initial inspection. 08-14-2014 A fifth rental inspection was conducted and failed. A $100 reinspection fee was charged to the property for two units ($50/units). 08-19-2014 A sixth rental inspection was conducted and passed. The $450 reinspection fee was paid. 09-03-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-11-2014 A Mitigation Plan was submitted. 09-15-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014 If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for Mission: Ensiii'iizg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of life for all people and preserves Else 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 community that enhances the quality of life for al/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 11 — 2 Year 1-2 units Greater than 1 but not more than 4 Type III — I Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 11-2 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 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust 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 5001 Ewing Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people am! preserves time public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5001 EWING AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5001 Ewing Ave N, was issued a Type IV Rental License on October 14, 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 5001 Ewing Ave N, Brooklyn Center failed to complete security improvements and attend an eight-hour crime-free housing course. 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 5001 Ewing Ave N, Brooklyn Center, MN. April 13, 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 kA Phone: 763-569-3300 77Y711 5301 Shingle Creek Parkway 4 Fox: 763 ,569r3360 ________ Brooklyn center, MN 55430-2199 wwwciofbrookiyncenter.org Rental License Mitigation Plan—Type IV Rental License HandwriElei, plans will nol be accepted. Please type or use flhlabl.e form on aly website. Section A— Property Information Property Address :5001 Ewing Ave No. Owner Name:Bait F Dabrowskt LOCiI Agent Mary Ann N Owner Address Agent Address 5001 Ewing Ave. #2 5001 Ewing Ave. Owner Phone:763 533 4 12 c 6125189375 Agent Phone". 2080mary Owner Email:Agent Email: maryannrieil©comcast.net Rental License New Renewal Current License Exp! ration Date,Lrf U FillPending Type IV License Exp Date (Six mont/zr from current liceizve erpzratwn) - - - - - Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License, Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion ofthe license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure_ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this pending license period and avoid legal actions. Section B— Required Documents I docmeuts with the Fhu for apprOval I / I 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. I / II 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 0 / I 3. Submit written report by IO of each month (after license approval), Section &- Crime Free Rousing Program Requirements PheI 1. Use written lease including Crime Free 1 -lousing Lease Addendum, / 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 1 . Pursue the eviction of tenants who vilatc the terms of the lease or any addendunis. Page I Type IV Mitigation Plan Rev 11-I6-11 4. Attend City approved eight hour Crime Free Housing cotirsc. Date Course Completed; or Date Course Scheduled: Phase IILu Complete. Security Assessment and implement all security improvements recommended by the Brooklyn Center Pollee Department. l) Date Scheduled:Scheduled: I14 Improvement,, to be completed by; Phase 1H f j I will attend a minimum of 50% of the ARM tneetin (two).ALIIwlll attend the ARM meetings scheduled for , (ji(V ''i 1cJV\Ck4 \S Do these two meeting dates occur before the *Pending 7pe 1VLk.nse expiration date? (*See Section A) Woo, you will only be able to qualify for a Tyk. IV Rental License upon renewals [ii I i will have no repeat code violations previously documented within the past year. For properties wil&forir or more units. I will conduct resident triniig annually that includes crime prevention teehniqucsLJ I will hold rcgular resident nieetings. Seetwn D - Lone Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will ruire earlier corrections. -- - Date Last Replaced Estimated Replace-m erit Date Furnace/AC-20e 20yc Water Heater- 8 rs Kitchen Appliances- .-.....6yerge 1O y rs Laundry Appi lances-a years ago 6 YfS - Exterior C ma p g4p 2015 -.-PatntfSiding, fascia, trim__________ 21314 2yra-Windows -Roof --1Oyarsaao 30 yrs -Fence Shed 4^01412 004 3 - -Uarage -Sidewalks io years ago 30 ys __.__201Driveway ___ Smoke Alarms & Carbon MonoxideAkim..,,..j_4y1a Section —Ste,4 to_Improve Management and Coiithtiotis of Property Implementing the following best practices may assist in the management of your properry. By chcMng the boxes bekw1 you agree Eu L{_Ii. Check in with tenants every 30 days. Ii._I I 2. Drive by property to check for violations twice a month. Pace 2 Type IV Mitigation Man Rev 1:146-11 I /i. 13. Evict tenants itt violation of the lease and till addndums, V I 4. Provide lawn/snow serviceLJ 5. Provide garbage service.F1I 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co______________________ LLJI s. I am and will remain current on payment of utility fees, taxes assessments, fites, penalties and other financial claims due to the City. 9 Other(s): Please reed t]iorougliIy If the Type IV Rental License is approved by the City Council, the Licence must comply with the approved Mitigation Plan and all applicable. city codes. No later than the 10 " of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I vciffy that all Information providc4 above is trU4nd ccurata. I understand that if J do tvtcumply willi 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 complirtt or license review may result Bartholomew F. Dabrowski Owner or Agent Name and Title (P!eüe Frfrtt) 3/4/2015 or Agent Signature Date caretaker Mary Ann Neil Additional Owner or Agent Name and Title (fappIicabte) (The Print) Additional Owner or Agent Signature (fppTtabfr - -. Date Fc ('i Fan -\;D'.- :: Department / Title DatejotTmu. i115p - ______Cni Standard Department / Title J) .te Page 3 Type IV Mitigation Plan Rev 111-11 City Council Agenda Item No. lOa #7 COUNCIL ITEM MEMORANDUM DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7169 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 7169 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 July 15, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on five (5) 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, turn in monthly updates, and failed to 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.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: 07-30-2014 The owner, Angelique Brown, applied for renewal of the rental dwelling license for 7169 Unity 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 09-05-2014 An initial rental license inspection was conducted. 5 property code violations were cited, see attached rental criteria. 10-06-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-20-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $200. 10-31-2014 The previous Type IV Rental License expired. 11-03-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $300. 11-06-2014 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $400. The property was posted as unlicensed. 11-20-2014 A sixth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $500. 12-31-2014 A seventh inspection was conducted and passed. The $500 reinspection fees still owed. 01-02-2015 The $500 in reinspection fees was paid. 01-21-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 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. 02-18-2015 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. 03-09-2015 A Mitigation Plan was submitted. 03-23-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. 04-07-2015 A $300 citation was issued for operating without a rental license. Prior Type IV Rental License approval activities: 02-04-2014 The Owner, Angelique Brown, applied for renewal of the rental dwelling license for 7169 Unity Ave N, a single family dwelling. 02-25-2014 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 03-26-2014 A follow-up rental inspection was conducted and failed. 04-14-2014 A follow-up rental inspection was conducted and passed. 04-14-2014 A $100 reinspection fee was charged to the property. 04-14-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-30-2014 The previous rental license expired. 05-01-2014 The property was posted as unlicensed. 05-02-2014 The $100 reinspection fee was paid. 05-07-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime •Free Housing Program, etc. 05-20-2014 A Mitigation Plan was submitted. 06-03-2014 The Mitigation Plan was finalized. 06-26-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 14, 2014. If approved, after six months, a new rental license is required. The license process will begin in 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 trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 11-2 units 0-1 Type 11-2 Year 1-2 units I 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 umts -0-0 25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 025 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 7169 Unity Ave N J1fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people mid preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7169 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 7169 Unity Ave N, was issued a Type IV Rental License on July 15, 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 7169 Unity Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7169 Unity Ave N, Brooklyn Center, MN. 1 13,201 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 Ce rite r PhOI? 75353300 TTY 711 6301 Shingle Creek Parkway Fac, 76-593360 BrOOkIWt Center, MN 55430'-219 Rental License Mitigation Plan--Type IV Rental License Haic1wri#en plans will not be acceplad. PIase type of use tillable form on Cfty wsbsiIe. Section A— Property Information Property Address169 Urft Ave North -_- - Owner Na Local Agent: 1kngeiique Brown Owner Address: Agent Address: 1700 Xerxes Ave North Mpis MN Omcr Phone- Agent PflonC. Owier ;_*. Agent Email: inta1 License: Li New 10111ene:w;4I Current License Expiration Date'. Type W License Exp. Dat:t Based on property c o nditions nndFor validated police riusance icidents the above mferenced property qualifies for a Type 1V Rental License. Refore your Ikeose application cn be considered by iie City Council a Mitigation liun niust be complctod and reviewed by City staff. A fully completed MitigatiotL Plan must be submitted immediately to ensure timely c p]cion of the license application process. The M gation Plan should indicate the steps being taken to correct identied violations arid the measures that will be taken to ensure on goin g mlIanc 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 arid managenient ofthe property. N 0 TiC E: Time is Runaing Out--You mast TAKE ACTiON NOW in order to meet all ill city ordinance eicl Mitigation Plan Tequiwmcnts within this *pendinglicerlse period and avoii lttioris. uired Documents docume Rts with the L4itigat'joll Pla n for appr I. Crime Free Housing Program Training C ertifi cate (if completed, if not completed, please include scheduled date lii section C I ii 2. Copy of Lcasc including MInnesota Crime Free Housing Lease Addendum CEI3. Submit written report by 10 " of each mouth (after license approval). Section C Crime Fre e Housing P rograM Reguiremefl1$ Phse I 1 1. Use written lease including Cdme Free 1-Imising Lease Addendum, 2. conduct criminal background oheak for all prospective icuants. Provide document tion to City if requested. I 1'U 3. Pursue the eviction of reTiants who violate the terms of the lease or any eddendums. Rage 1 Type IV mjjigatio rk Plan Rev 11-16-11 ng course. Date Course Completed; - - or Date Cowse Scheduled: Ma 14 2015 aF v' Complete Security Assessment id implement all security irnprovemeots recommended by the-Brooklyn Center Police Department. Date Scheduled; _L42J 10 - Improvements to be completed by i 1 2ü FS Phase IllI ' It will atteoda minimum of50hof the ARM mec*s(tWO). I will attend the ARM meetings scheduled forx - 1 - & \ltA i14 Do those two meeting dates occur before the 4 Pend/nq Typs IVL/c8Psc piratiou date? 0 Yes L1 No (See Section A) If no, you will only bo able to qually1or a Type IV Rnta1 LFcuisa upon renewal. Ii'. J t will have no repeat code violations previously dODVJneDtbd within the past yenr. Frprop5rtie with tour or more wilts: twill conduct resident training annually that lades crime prevemion techniques. I will hold regular residentmectings. ctkrn D—Long Term Capit a l Improv e ments Plan Based on condition and age, estimated replacement dates are provided for common capital item!!- Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior In the ctimated r&n1;ic_-rnt,ntdate will rnwn7m earlier corrections.- Date Last Replaced I mated Furnace/AC- -2013 2017 Water Heater-2011 2017 KitchenAppitancea-2011 2017 LaundrvAppliances- -2012 018 Exterior -Funtlidng fasea trim -Wmdcms -Roof 0A-UnkflOwnto H nnown to -byMafliJ HOA Managed by HOA_.Managed by HOA by HOA •Manged by HOA -Shed -era rage -Sidewalks - - Matgd bHOA Matad by HOA byHOA 1tged OY I-tCW Managed by HOA Manuged By ROA - Managed by i-1OK MancftHOA Managëd by HOA Managed by MOA Stnc,keAt& Carbon Monox i de Alarms 2014 2016 Oth er(s) &anE. Steps to Improve Management and Conditions of Property rniplementhig the following best practices may assist in the management of your property. By clwth/ng tha baxa.f9IQw yu 8grec Jo: Fl 1 i. Check in with lenants every 30 days. IF V 2. Drive by properly to check for violations twice ,a month. Page 2 Type IV M1t1atioo Plan Rev 1.46-11 1" 13, Evict tenants in violation of the lease and all addendum. LI 4 Provide Ia nfnw serWee. I__I 5 Provide garbage servioe II 6.Install ccurity Sykm. II 7.Provide maintenaricc 5eTvice plan for appIiance. Name of s ervice co.:________________________ [LVII , I era and will remain current oTt penentofutility fees, taxes, ass essments, fines, penalties and other I financial cla i ms due to the City. Othnr9): Please read t h oroughly: lUhe Type [V Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable thy codes. No later than the 10" of each calendar month, ib licensee must submit to the Building and Cornn'iuniiy St a ndards Department a wdtten report desoribing all sWps taken to comply with the Mitigation Plan. J ver i fy that all information provided above is true, and accurate. 1 understand that if I do not comply with an approved Mitigation Plaw, co mply with all applicable ordnnccs within the license period, or eperate beyond The lice nse expiration date; enforcement actions such as citations, formal complaint or licerse review may result. elique Brown, Owner Owner or Agent Name Agent Signatur Data Additional Owner or Agent Nane and Title (if applicñie) (Piea.e Pri,it) Additional Owner or Agent Sgnati.re (ffppJ/t?.3b/B) Date. Eon Cii II ion Picili Appd PoliciYeaaftment1 Title cPi -^ I -^/ I I- Deparbmnt / Title Datt Page 3 Type IV Mitigation Plan Rev 1-16-11 / AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 13, 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.Strategic Plan Review 2.Update by Hennepin County on the 2015 Assessed Valuations for Property Taxes Payable in 2016 PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.E-Cigarettes in Public Places 2.Sister City Voinjama Visit Update 3. Paperless Packets Report Work Session Agenda Item No. 1 YL(I)]IE4J D1f11OAI DATE: April 13, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Update by Hennepin County on the 2015 Assessed Valuations for property taxes payable in 2016. Recommendation: James Atchison, Hennepin County Assessor, will be present to provide the 2015 Annual Assessment Report and update the City Council on the valuation changes to the different property tax classifications. The purpose of this work session item is to inform and prepare the City Council for the April 20th Local Board of Appeal & Equalization Meeting. Attached is a copy of the Power Point Presentation that will be presented at the meeting. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive coimnunitv that enhances the quality of life for all people and preserves the public tilts! LIM0 cury Ca)E V) C C (ts 4-5 LU=I I ____ 004—LQ 0( 0or— U0—J Lr QNI Lfl 0ri -=4Jrol -,•. < > -o=0 =0 I..L(o G)Q) U u'1-I .. C •0)u Ln ci)E -=_c ,row C)9— 0V)00r1'.,In 4 .I_) U E-E C: C 0 ra 4—J C 1<I- . o - S - LM •1; -a)4w 0 0 W =,^d 401 LmR*4=1 Coco_l 0OOtt) 0 0 0 .2 CDcic mra a):2InC) CL U 5; F.^ cn a)U a) CD a) ao -J,. .1. :2 (I.) ><-=E CDLJ (/1 fl%0 _><-b.O 0 0 0 CD E E 'I 0 N (1) 4J L I0 j 13 I L ) El £2 a) a) 6^lb, Sc! -D Sc! ULma)EE0U E uI LM 0. C 0 •. 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"a .2 "aw :.Tj Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: April 9, 2015 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Strategic Planning 2016-2018 Recommendation: It is recommended that the City Council consider providing direction to staff regarding the draft strategic plan for the three-year planning period 2016-2018. Background: On February 6th and 7 th the City Council and Executive Leadership Tern met and engaged in a facilitated teambuilding and strategic planning session. On March 3rd the Double Dozen management group composed of department leadership throughout the organization, met with the facilitator to refine the draft plan and develop a set of potential initiatives and action steps. It is our expectation that these initiatives will contribute significantly to the achievement of the approved Strategic Priorities, Key Outcomes and Targets identified during the initial planning process and incorporated in to the draft plan. Desired Agenda Item Outcome: 1.Shared results from the strategic planning process 2.Feedback from the Council regarding draft plan and proposed initiates 3. Consensus regarding approval of the plan or further steps required before adoption consideration Policy Issues: Does the plan adequately reflect the results of the Strategic Planning Retreat? Does the plan as described in the summary (Page 3) reflect the Council's goals and expectations over the planning period 2016-2018? Is the Council satisfied with the staff draft recommendations (Appendix 6) for strategic initiatives and action plans? Mission: Ensuring (lfl attractive, ckin, SLJ!, uwlusne cuinnniiuj' that enhances the quuhty u/life fin- all people and preserves the public trust March 2015 "itOOKLYN CENTER MINNESOTA A GREAT PLACE TO START, A GREAT PLACE TO STAY lw t CRAIGRAPPI LLC IMPROVING ORGANIZATIONS AND THE PEOPLE WHO LEAD THEM ei r A,11 Mi l IMPROVING ORGANIZATIONS & THE PEOPLE VVHQ LEAD THEM March 17, 2015 RE: FY 2016-2018 Strategic Plan- City of Brooklyn Center Dear Mayor Willson, I am pleased to present this FY 2o16-2o18 Strategic Plan and Summary Report to the City of Brooklyn Center. The plan reflects the organization's commitment to strategic thinking, measurable results and the delivery of quality services. Thank you for the opportunity to assist the City with this project. You, the City Council and senior staff are to be commended for your dedication and effort. I also want to thank Curt Boganey and the staff for the help and support provided during the process. Yours truly, Craig R. Rapp President CRAIGRAPP, LLC CHICAGO: 40 East Chicago Avenue #340, Chicago, IL 60611 • MINNEAPOLIS: 3208 West Lake Street #142, Minneapolis, MN 55416 w/rnsr: CraigRappLLC • FACEBOOK: CralgRappLLC • TOLL FREE: 800-550-0692 • CralgRapp.com , ComposspeerGroup.com Table of Contents ExecutiveSummary ..............................................................................................................2 Strategic Plan Summary 2016-2018 ...............................................................................................3 City of Brooklyn Center Strategic Planning Process....................................................................4 Effective Governance, Culture and Value Proposition, Z Profile......................................4 Reviewing the Environment, Setting Strategic Priorities............................................................6 Defining Strategic Priorities ..........................................................................................................8 Key Outcome Indicators By Priority..............................................................................................9 Implementing the Vision: Developing Strategic Initiatives and Action Plans ............................10 Strategic Planning Participants.....................................................................................................12 Appendices: SWOT Analysis Data ................................................................................................. Appendix 1: SWOT Results - Strengths.......................................................................................ii Appendix : SWOT Results - Weaknesses ..................................................................................v Appendix : SWOT Results - Opportunities................................................................................vii Appendix : SWOT Results - Threats..........................................................................................x Appendix : SWOT Results - Highest Priorities..........................................................................xiii Appendix 6: Strategic Initiatives-Action Plans...........................................................xv City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Executive Summary On February 6 and 7, and March 3, 2015, the City of Brooklyn Center's leadership team engaged in a teambuilding and strategic planning process. The three meetings yielded a draft strategic plan for the three-year period 2016-2018. The strategic plan consists of a set of six strategic priorities, which are the highest priority issues for the next three years; a series of key outcome indicators, which describe desired outcomes and success measures; and a list of strategic initiatives, which define the actions that will be taken to ensure successful effort. At the initial planning meeting on February 6, the group discussed their operating philosophy, effective governance and their team styles. On February 7, the group reviewed their operating environment and identified a list of challenges facing the community. Based upon those challenges, the group identified a set of strategic priorities for the performance period. This was followed by the development of a set of key outcome indicators (KOI's) for each priority, which defined desired outcomes and measurable targets. On March 3, the senior staff created a set of strategic initiatives and action plans to address the priorities and achieve the key outcomes. The strategic priorities and key outcome indicators are summarized on the following page. City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 City of Brooklyn Center- Strategic Plan Summary 2016-18 Strategic Priority Key Outcome Target Strategic Initiatives Indicator_(Kol) Economic Stability- Residents Lowest income quartile-wages Increase the average wage of lowest quartile of employed population to equal the Hennepin County Average a)Establish workforce collaborative b)New job creation Nw higher wage Addition of # of_ new livable strategy jobs created wage jobs created c)Community-wide Certificates,Increase % of residents wfpost--education & training graduations, training secondary degrees/certificates equal strategy for BC residents to the Hennepin County resident d)Promotion campaign for percentage start-up businesses Locally owned start-Addition of 5 new start-up ECONOMY ups businesses Redevelopment - Targeted CARS w/ HEART site _____________________ Completion of Senior assisted living development a)Senior facility strategy for 2/2015-3/2017 b)Phase I strategy for 10-Opportunity site Completion of Phase I mixed use development residential development 15 acres & 250 units Shingle Creek Completion of Phase II c) Phase II strategy with Crossing market analysis and GROWTH development incentives Community Image -Enhanced Expressions of pride in community 90% respond positively on community survey a)Customer service training b)Market BC to realtorsSerious crime Part 1 violent crime rate 10% lower than Hennepin County average c)Establish hotel licensing Realtor feedback 80% of realtors recommend BC to ordinance addressing clients crime reduction strategiesWebsite visits-300 unique page visits per year to BC community amenities promotion page d)Promote community on OPERATIONS amenities and website Community Engagement - Website visits by non-English users Increase 25%a)Comprehensive recruitment strategy for non-traditionalNon-traditional 2 applicants for each opening All Segments of City applicants for applicants Commissions and b)Website enhancements volunteer positions for non-English speakers STAKEHOLDERS c) Recruitment strategy for participation at BCUBCU participation 20 participants each session Youth - Strengthened and Empowered High School graduation rate Increase 2% across city a)Collaborate w/ Brooklyn Bridge Alliance for Youth b) Consider increasing City Youth unemployment rate Decrease 2% Out-of-school Increase 10%allocation to strengthen program participation rate and empower youth c) City-wide crime analysis Leadership 25-50 youth leaders actively engaged d)Work w/ Hennepin development diversion program Youth crime rate Decrease 2%, with emphasis on STAKEHOLDERS diversion and restorative justice Infrastructure - Key Investments CIP funding ____________________ Full funding of highest priority projects a)Comprehensive CIP plan b)Phase II Federal Funding for Brooklyn BlvdBrooklyn Blvd Obtain Phase 2 Federal funding corridor corridor OPERATIONS c) Phase I Federal FundingTH 252 Obtain Phase 1 Federal funding forTH 252 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 City of Brooklyn Center Strategic Planning Process Strategic planning is a process that helps leaders examine the current state of the organization, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. The process followed by the City was designed to answer four key questions: (i) Where are we now? (2) Where are we going? (3) How will we get there? (4) What will we do? Effective Governance, Culture and Value Proposition, the Z Profile On Friday, February 6, the leadership team reviewed and discussed the role of governance— examining the Carver Policy Governance model and other examples of effective municipal governance. The Carver model was presented as a best practice example. The group discussed how they compared to the best practices. It was generally agreed that the leadership team functioned at a high level, and that followed most of the practices presented in the Carver model. Following the governance discussion, the group completed brief assessments to determine each participant's Z "style", and their beliefs about organizational culture and value proposition. The Z model is a way of examining people's preferred roles for working on teams, and on issues. The model specifies the roles/process steps of Creator, Advancer, Refiner, Executor and Flexor- explaining the need for each style and step in decision-making. After a facilitated discussion, the groups' preferred styles were plotted on a graph. Collectively, the leadership team was identified as people who fall mostly on the "Creator/Refiner edge of the spectrum. Only two were in the "Creator/Advancer" category and two in the "Refiner/Executor category. It was noted that the policy process often requires a focus on the "Creator/Advancer" roles; however, the group agreed it is important to make sure that attention is paid to proper refinement and execution of policies, programs and ideas. The group then turned to a discussion of the organization's culture and the value proposition. The culture and value proposition provide the foundation for the way in which services are delivered and strategic direction is set. Four core cultures and three value propositions (including strengths and weaknesses) were presented and summarized: Four Core Cultures Control Culture (Military - command and control) Strengths: Systematic, clear, conservative Weaknesses: Inflexible, compliance more important than innovation Competence Culture (Research Lab - best and brightest) Strengths: Results oriented, efficient, systematic 4 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Weaknesses: Values can be ignored, human element missing, over planning Collaboration Culture (Family-teams) Strengths: Manages diversity well, versatile, talented Weaknesses: Decisions take longer, group think, short-term oriented Cultivation Culture (Non-profit/religious group-mission/values) Strengths: Creative, socially responsible, consensus oriented Weaknesses: Lacks focus, judgmental, lack of control Three Value Propositions Operational Excellence (Wal-Mart, Southwest Airlines) U They adjust to us (command and control) Product/Service Leadership (Apple, Google) U They 'ooh and 'ah' over our products/services (competence) Customer Intimacy (Nordstrom, Ritz-Carlton) U We get to know them and solve their problems/satisfy their needs (collaborative) The answers to a brief questionnaire on both culture and value proposition provided a starting point for a facilitated discussion of the current and desired states. Summarized below are the responses, sorted by Council and staff: Core Organizational Culture (current state) City Council EJ Control 13 U Collaboration 10 o Competence 12oCultivation 16 Staff o Control 24 0 Collaboration 20 El Competence 21 0 Cultivation 27 Value Proposition City Council Operational Excellence Product/Service Leadership Customer Intimacy All things to everyone Current state Desired state 22 1 1 2 17 20 10 19 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Staff Current state Desired state Operational Excellence 31 10 Product/Service Leadership 7 13 Customer Intimacy 24 34 All things to everyone 26 29 The Council and staff engaged in a discussion regarding the organization's value proposition- noting the solid agreement on the current state, and a general agreement about the primary and secondary focus for the future desired state. The group came to a general consensus that customer intimacy is the primary value proposition - with the secondary emphasis on operational excellence. The group agreed to continue this discussion in order to determine the changes necessary to achieve the desired state. Reviewing the Environment, Setting Strategic Priorities On Saturday, February 7, the leadership team began the process of developing the strategic plan. The first step taken in the process was an assessment of the environment within which the City operates. This was done via a SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis; a process that examines the organization's internal strengths and weaknesses, as well as the opportunities and threats in the external environment. To facilitate this, a SWOT questionnaire was distributed to the City Council and senior staff in advance of the planning session. The SWOT process revealed the most frequently mentioned characteristics in each area: STRENGTHS • Fiscal management/long-term planning o Redevelopment opportunities • Innovation and recognition • Leadership and experience • Community and diversity • Collaboration and flexibility o Location and amenities WEAKNESSES Diversity-lack of diversity among employees; communication barrier; isolated pockets of certain groups • Economic impact- limitation/prioritization of resources; lack of high paying jobs/opportunity; lack of diversified housing; aged buildings and infrastructure; tax base • Image- actual; perceived OPPORTUNITIES • Inclusion and diversity • Redevelopment/housing • Partnership/investments • Image and opportunity City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 • Infrastructure o Council and staff THREATS • Economic disparity- low household income; lower education and potential achievement gap • Diversity- age, race, gender; changing demographics • Image- challenge of outdated negative image • Externalities- economy-business cycle; natural disasters; state fiscal relationship; unfunded mandates; competition for redevelopment The group then engaged in an exercise using the summarized SWOT data. They compared strengths with opportunities and weaknesses with threats, to determine which opportunities would maximize strengths, and which weaknesses would be exacerbated by the threats. This effort helped to crystalize the current challenges and opportunities facing the community. The results of this analysis are listed below: STRENGTH S-OPPORTU N ITI ES (Make good things happen) • Maximize Image and Diversity by engaging all community segments • Leveraging strengths of fiscal management, leadership and location- to ensure high quality and appropriate C/I and housing • Leverage our leadership, diversity, and our amenities to enhance our city's image • Leverage fiscal planning, collaboration with other agencies and location to ensure that expansion and renewal of our city infrastructure WEAKNESSES-THREATS (Keep bad things from happening) o Diversity- communication and engagement of the communities o Economics- lower median household income; funding challenges of competitive education Image- addressing actual / perceived This led to the identification of a broad set of issues and/or challenges facing the community: ISSUES/CHALLENGES • Communicate and engage all segments of the community • Workforce development o Income strength and stability • Community image o Infrastructure 7 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Redevelopment- and housing • Succession planning • Youth development Once the current challenges were identified, the group discussed the issues that were most important over the next three years. From that discussion, a set of six Strategic Priorities emerged. They are: STRATEGIC PRIORITIES 1.Economic Stability 2.Targeted Redevelopment 3.Enhanced Community Image 4.Community Engagement- across all segments of the city . Strengthening and Empowering our Youth 6. Key Infrastructure Investments Defining the Strategic Priorities In order to clarify the meaning of each priority in the context of Brooklyn Center, the group identified key concepts for each. The concepts are listed below, and will be used by the group to establish the final definitions. Economic Stability o Median income, job creation, entrepreneurship, workforce development, financial planning, public/private 2.Targeted Redevelopment EDA owned/opportunity site, housing, diverse housing types, housing broader demographic segments, environmental sustainability, community buy-in, sustainability, higher wage/livable wage and jobs, locally owned 3.Enhanced Community Image Communication, perception, public safety, inviting, pride, opportunity, share stories, amenities, proactive and reactive 4.Community Engagement - across all segments of the city Communication, listening, community leaders, understanding, barriers, accessibility, all demographics 5.Strengthening and Empowering our Youth • Training, leadership development, life skills, engagement, opportunity, prevention, educational attainment, mentoring City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 6. Key Infrastructure Investments o Intergovernmental funding, local impact, key corridors, streets (neighborhood), capital maintenance, green space Determining Success: Defining the Key Outcome Indicators After identifying strategic priorities, the group focused on developing a set of Key Outcome Indicators (KOl's). KOl's define what success looks like and includes a description of successful outcomes, expressed with measures and targets. The KOl's provide organizational focus by establishing a limited set of desired outcomes and performance targets for achievement for each strategic priority. The alignment created between KOl's and Strategic Priorities is important, not only for clarity, but for maintaining a disciplined focus on the desired results. Key Outcome Indicators, by priority are: Economic Stability a.KOI: Wages-lowest quartile; TARGET: Increase by _% wages of lowest quartile of employed population b.KOl: Wage levels-new jobs; TARGET: # new livable wage jobs - graduates c.KOl: Certificates, graduations, training- new residents; TARGET: _% increase in residents with post-secondary degrees and/or certifications d.KOl: Locally-owned start-ups; TARGET: # new start-up businesses 2. Targeted Redevelopment a.KOl: CARS w/ HEART; TARGET: Senior assisted living facility completed b.KOl: Opportunity site development; TARGET: Phase I mixed use residential development completed c. KOl: Shingle Creek Crossing development; TARGET: Phase II completed 3. Enhanced Community Image a.KOl: Expressions of pride in community; TARGET: 0/ respond positively about the city on community survey b.KOl: Serious Crime; TARGET: - compared to Hennepin County average c.KOl: Realtor feedback; TARGET: Positive recommendations from realtors re: Brooklyn Center- as determined by random survey d.KOl: Website visits-community amenities; TARGET: # of page visits 4. Community Engagement- across all segments of the city City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 a.KOl: Website visits-non-English speakers; TARGET: 25% increase b.KOl: Non-traditional applicants for Commission and volunteer positions; TARGET: 2 applicants for each opening c. KOl: BCU participation; TARGET: 20 participants 5. Strengthening and Empowering our Youth a.KOl: Graduation rate; TARGET: 2% increase b.KOl: Youth unemployment rate; TARGET: 2% decrease c.KOl: Out-of-school time participation rate; TARGET: 10% increase d.KOl: Leadership development; TARGET: 25-50 youth leaders actively engaged e. KOl: Youth crime rate; TARGET: 2% decrease -emphasis on diversion and restorative justice 6. Key Infrastructure Investments a.KOl: CIP funding; TARGET: Full funding -highest priorities b.KOl: Brooklyn Boulevard corridor; TARGET: Phase II funding c. KOl: TH 252; TARGET: Phase I funding Implementing the Vision: Developing Strategic Initiatives and Action Plans To successfully address the strategic priorities and achieve the intended outcomes expressed in the KOl's, it is necessary to have a focused set of actions, including detailed implementation steps to guide organizational effort. The City of Brooklyn Center will accomplish this through development of strategic initiatives for each priority. Strategic initiatives are broadly described, but narrowly focused activities that are aligned with the priorities, and targeted to the achievement of outcomes expressed in the KOI's. The senior staff, during a strategic planning session on March 3, developed a set of strategic initiatives, along with detailed action steps: Economic Stability a.Establish a workforce collaborative b.New job creation strategy c.Create a community-wide education and training strategy d.Develop a promotional campaign for start-up businesses 2. Targeted Redevelopment a.Develop a senior facility strategy for 2/2015-17 b.Implement Phase I strategy: 10-15 acres and 250 units c. Implement Phase II strategy: market analysis and incentives 10 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 3. Enhanced Community Image a.Develop customer service training for all employees b.Create and implement plan to market Brooklyn Center to realtors c.Establish a hotel licensing ordinance d.Implement a promotional strategy for community amenities on website 4. Community Engagement-across all segments of the city a.Develop a recruitment strategy for non-traditional applicants b.Enhance the website for non-English speakers c. Create and implement a recruitment strategy for increased participation in BCU 5. Strengthening and Empowering our Youth a.Develop collaboration plan with Brooklyn Bridge Alliance for Youth-targeting BC outcomes b.City Council consideration of increased allocation to BBA/ Youth to strengthen & empower c.Conduct a city-wide crime analysis d.Establish a working relationship/strategy with Hennepin diversion program 6. Key Infrastructure Investments a.Develop a comprehensive CIP Plan and funding strategy b.Complete Phase II Federal Funding process-Brooklyn Blvd corridor c. Complete Phase! Federal Funding process- TH 252 11 City of Brooklyn Center Strategic Plan Report 2016-2018 I March 2015 Strategic Planning Participants The strategic plan was developed with the hard work and dedication of many individuals. The City Council, with its foresight and dedication led the way, taking time out their schedules to commit to long-term thinking. They defined a direction and a set of outcomes that are important to the community. The senior staff supported the City Council and also engaged in new ways of thinking. Elected Officials Tim Willson, Mayor Lin Myszkowski, Councilmember April Graves, Councilmember Dan Ryan, Councilmember Kris Lawrence-Anderson, Counci!member City Administration-Department Staff Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager Nate Reinhardt, Finance Director Kevin Benner, Police Chief Lee Gatlin, Fire Chief Steve Lillehaug, Public Works Director Gary Eitel, Business & Development Director Jim Glasoe, Community Activities, Recreation and Services Director Troy Gilchrist, City Attorney 12 APPENDICES SWOT Analysis Data In order to clarify the strategic challenges confronting the community, the City Council and senior staff conducted a review of the current operating environment using a SWOT analysis methodology. SWOT stands for Strengths, Weaknesses, Opportunities and Threats. The internal strengths and weaknesses and the external opportunities and threats were assessed. This was done in two parts: (i) in advance of the retreat, all participants completed a SWOT questionnaire; and (2) the group participated in a facilitated process that used the questionnaire results as the basis for analysis and decision-making. The following Appendices contain the complete information contained in the questionnaire responses. APPENDIX 1 SWOT Results -Strengths o Skilled, motivated staff • Functional, committed council o Dedicated, community-oriented Police and Fire Depts o Effective budget development process o Ftexiblilty: Demonstrated by team effort, where staff worked across departmental lines to meet major challenges faced by the city over the last 8 years. o Commitment to excellence: Demonstrated by the League of Minnesota Cities award in 2013 for Brooklyn Center's Performance Based Rental License Ordinance; the VERA Institute's award to the BCPD and Denmark's police using our department's JCPP program as a model for community out-reach; outstanding redevelopment of both high value commercial properties and our residential neighborhoods; professional recognition for excellence to the city's finance department; and the commitment of both CARS and BCPD to the Brooklyn Bridge Alliance. Brooklyn Center is strengthened by the diversity of its residents. It is strengthened by its size and how it values the natural land. I believe that the council, and city administration is one of our strengths. Most departments seem to have a good sense of responsibility, accountability and regard for their role in the lives of those living here. I think there is a sense of integrity in the management of the cities affairs. o Momentum of successes- innovations o Strategic Plan in place and its implementation • Some effective multi-departmental cooperation and programs o Unified priorities (strategic priorities) and support from Council o Differing views, but respectful discussions of Council o Significant number of high-performers in staff • Some demonstrated good multi-agency relationships and programs- (JCCP, BBA) - with Hennepin County, Brooklyn Park, CEAP, HomeLine, Open to Business, Attorneys, etc. o Leadership that is outward focused. What can do to benefit the long-term future of the Community? There are few personal agendas or special interest leaders. Ill • The challenges of a dynamic, aging, demographically diverse and changing community with many deficits and assets make for an exciting, interesting job. It creates great opportunities to make a real meaningful difference for the present and future generations. • We have a seasoned and knowledgeable staff that works collaboratively toward a shared vision and goals. We have several employees with significant tenure and institutional knowledge. • We are engaged in a variety of multi-jurisdictional collaborative efforts such as the Brooklyn Bridge Alliance, JCPP, NWHHSC, HRC, and Active Living. The collaborative efforts are cost effective and essential for addressing very complex needs. • A staff that works to fix the problems rather than the blame • The City has a history of strong fiscal planning and conservative budgeting. • Community Policing Model • Location/Proximity (Metro Area) • Financial Position - Low Debt/Strong Fund Balance • Ability to attract and retain high quality department heads and employees • Diversity • The Mayor's experience, leadership, and compassion for the Community; • The commitment of each Council Member, their sincerity and compassion for the entire community; and their collective efforts (team work) to benefit the community at large; The City Manager's experience, leadership, commitment, and pro-active approach in addressing community issues; An experienced and knowledgeable city staff, committed in the delivery of quality public services and achieving the community's goals. • The community's spirit. • The volunteerism of many residents, civic and business organizations. and activists interested in public services and programs; • The five elementary schools, which complement the City's Park & Rec system, and serve as neighborhood focal points; • Diversity • Proximity to Minneapolis! St Paul • Transportation Access 694, 100) • Mississippi River/Twin Lakes mi • Parks/Trails • Public amenities (community center, golf course Earle Brown Heritage Center) • Opportunities for redevelopment • Feeling of "Community" • Entry level housing • Fiscally responsible city government • Strong financial rating • Long range ClP • Brooklyn Bridge Alliance for Youth • Diversity • Proximity to Minneapolis/ St Paul • Transportation Access 694, 100) • Mississippi River/Twin Lakes • Parks/Trails • Public amenities (community center, golf course Earle Brown Heritage Center) • Opportunities for redevelopment • Feeling of "Community" • Entry level housing • Fiscally responsible city government • Strong financial rating • Long range CIP • Brooklyn Bridge Alliance for Youth iv SWOT Results - Weaknesses • Feeling amongst some female employees that the work place is not inclusive • Lack of diversity among city employees • Communication barriers with constituents • Lack of resources in certain key areas: Insufficient resources to address the problem of low income or poverty in growing number of households in the city; civic engagement with culturally diverse populations, disadvantaged youth and low-income seniors. • The question is, does the city have the additional staff and expertise needed to research new initiatives, and developing the right service model for B.C. the 21st Century? • Lack of diversity on the city staff. • Lack of funds to do everything • Low community involvement and engagement is an issue, both politically and socio- emotionally. • Isolated pockets of certain groups of people that are not being engaged or welcomed or involved in leadership roles or decision-making process is something we should try to understand and improve • Economic opportunity and attainment for those living here could be elevated. • Low academic achievement • Youth homelessness o Low prioritizing of social services in budget o Need for conscientious cultural competency. o Limited resources vs. community needs- projects, technology, time frames o Socio-economics o The City is very reliant on Fiscal Disparities for general operations and LGA is essential to our Capital Program. o The organization is not reflective of the cultural, ethnic and general diversity of the community we serve. o BC School District has very little tax base and a resulting high tax rate and burden especially for business we want to attract and maintain. V • Some divisions or departments may be under resourced relative to the increasing demands and expectations. Sometimes we add new initiatives without considering the need to expand or reallocate resources. • Our image in the Greater community is not as positive as we need it to be in order to attract investment by residents and business and industry • Diversity in workforce (persons of color) • Diversity • Image/perception • Lack of diversified housing • Lack of healthcare • Lack of high paying jobs • Vacant/closing storefronts • Inability to attract business (restaurants) • Aging buildings and infrastructure • Five separate school districts • Economic factors • Relative tax rate • Maintaining a competitive work environment • Residential market values and corresponding property tax rates • Limitations on existing staff resources to sustain expanding programs and new community out-reach activities. • Tight budgets with limited discretionary funds for non-essential expenditures. • Understanding how the changing demographics of our community will influences the following: - the retail and service needs of the community and new market opportunities - the community values, needs, and priorities, - government's approach in delivering services, and - the future of civic groups, organizations, and volunteerism within the community V1 APPENDIX 3 SWOT Results -Opportunities o To be an example of how diversity can be embraced and used to strengthen communities and by extension greater society. o Programs and developments that serve the community and the cities needs. o Collaborations and partnerships that create networks of support o Opportunity and innovative actions that tackle multiple problems simultaneously. o Redevelopment, continue to lead on many fronts across the metro. o Both metro and national recognition JCPP, diversity, etc..... o The Opportunity Site for mixed-use residential/commercial development, and Single Creek Crossing for commercial development. o The Brooklyn Bridge Alliance as a model for building greater opportunities for disadvantaged youth. o Meeting the needs of an aging population through partnerships with various service providers and stakeholders. o On-going efforts by the city in citizen engagement on many levels. o Social media Young families with children moving into BC o Completion of Shingle Creek Crossing o More organizations and individuals having conversations about race, equity and inclusion o Redevelopment opportunities (significant available redevelopment land, great access to the regional transportation system, existing infrastructure in place and adequate to support most redevelopment) • Trusted Mayor/Council o Strong leadership o Well trained, experienced staff o Strong public support o Good service reputation/credibility o Workforce diversity (age, experience) o Size of organization Vii • Increase workforce diversity (persons of color) • Continue to create strong neighborhoods • Continue marketing for commercial redevelopment • Positive survey results - continue to improve • Change negative perception • Make city more welcoming to diverse cultures • Redevelopment activities and opportunities to reimage the Brooklyn Boulevard Corridor. • The EDA's use of Tax Increment Funds to acquire distressed properties to promote redevelopment opportunities within the Brooklyn Boulevard Corridor and Opportunity Site. • The City's ability to promote new housing opportunities on EDA owned lots acquired through the Remove & Rebuild Program and options for a variety of new housing types within the Opportunity Site and the Brooklyn Boulevard Corridor • The continued commitment to the City's CIP Plan for street & municipal utilities projects: (the 2015 includes the 63rd Ave. and its intersection with Brooklyn Boulevard.) • The Shingle Creek Crossing redevelopment of the former Brookdale Mall properties, • The recovery of housing values from the negative effects of the 2008 Recession. • The recovery of the industrial market and growth of new industrial businesses. • Changes in rental property ownership, resulting in improved property management and re- investments into the City's rental housing stock (better housing opportunities for people choosing to live in Brooklyn Center.) • Partnership with the Three River Park District resulting in new investments in the Regional Trail System within the community. • Partnerships with MnDOT and Hennepin County resulting in their investments into the State's and County's infrastructure serving the community (bridges, roadways and intersections) and planning for additional improvements within the Brooklyn Boulevard and Highway 252 Corridors. • Success in obtaining environmental cleanup grants from DEED, Metro Council, and Hennepin County resulting in new industrial development and employment opportunities. • The potential of new regional investment of State and Federal funds into areas within the City identified as having concentrated areas of poverty. • Redevelopment Opportunities (Opportunity Site) and attracting investment into the City • Utilizing the diverse demographics of the City to bring new ideas or service offerings Viii . The new Inclusion and Diversity Council will help the City develop, attract and retain the staff, and employ the type of practices that will make us more effective service providers. . The New Water Treat Plant, the New Amphitheater, Repairs to the Community Center our ongoing neighborhood reconstruction program all with other Capital investments will help instill pride and confidence in the City and it future. o 2014 was the lowest violent crime rate in the last 25 or more years. If we continue this trend for the next several years, the perception of BC as unsafe can be significantly reduced. . If we are able to accelerate redevelopment of the EDA owned properties over the next 3 years three years the investment communities will favorably attracted to the City Of Brooklyn Center. • We should align more of our City Efforts to achieve the vision of the Brooklyn Bridge Alliance for youth. We should invest in the low income youth so that they have ready access to quality out of school time program without cost. Workforce development should become a City priority. A healthy community requires meaningful living wage jobs for all residents. We should support efforts to train, develop skills for all of residents and provide career opportunities for those who current operate on the margins of society and feel they have no hope or lawful options for success. • Image is improving, continue to capitalize on successes and improvements • Changing demographics- youth programs and engagement • Developing a community workforce- counter threat of concentration of low income • Improving business economy- business retention and attraction Continued collaborations with public/private entities- duplicate services, strengths of each, etc. ix APPENDIX 4 SWOT Results -Threats • Natural disasters o Unanticipated LGA funding cuts • Federal and State or County mandated expense and resource needs o Outmoded and bigoted ways of judging others and perceiving the world. Our very strength of diversity is also a threat to many. It is a sensitive topic that must be acknowledged and processed with conscious compassion, and intention toward implementing change. o Continued fracturing of the community, leads to subgroups that do not interact and engage each other as community members, instead they regard each other with suspicion and fear. o Economic: B.C.'s median household income is significantly lower than the Twin Cities metro average. The next recession could force budget cuts adversely affecting key city programs. o Decline in volunteers among younger generation. o Lack of diversity on city of staff o Recent Violent Crime o Social media. • Sense of community limited to immediate neighborhoods o Educational attainment (preK-post grad) of BC students o Limited civic engagement o Poverty o Continued poor image outside of the City o Housing stock (Small lots with low value houses in the City, lead to little opportunity to address the "affordable housing" issue in "this" City vs. relying on the metro as a whole to fix this issue. It must be addressed within. Lack of meaningful improvement occurring to existing housing stock.) Difficulty to attract meaningful, sustainable developments x • Lack of investment by the diverse community into the community (going elsewhere for services) • Meeting the needs of diverse citizenry • Public perception • Aging workforce (succession?) • Economic factors • Diversity of workforce (gender, race) • Size of organization • Ability to recruit • Recruitment and retention (public safety) • Future retirements (losing experience) • Employment • Perception • A dependency on Regional (Fiscal Disparity) and State (LGA) revenue sharing programs to fund the basic delivery of municipal services. • The identification of portions of Brooklyn Center on the Metropolitan Council's regional mapping of Areas of Concentrated Poverty by Census Tract 2007-20011. • The 2008 Recession and its ongoing effects on private investments necessary for small and new business startup and growth opportunities. • The community's average household income and its relationship to the amount available for discretionary spending; • Anything which could negatively affects the safety or the perception of the safety and welfare of our children and families. • A change in the housing market (market changes), foreclosures, etc. • Image and perception • Crime and reversal of improving crime statistics • Employee retirements and continuing to attract and retain qualified employees in the future • Rising operating costs, specifically in the areas of personnel and health insurance • Loss of community support Xi . Loss of economic vitality and redevelopment momentum . Lack of staff development and performance quality . Economic strain- Generally still sluggish economy, LGA unreliability, TIF law changes and available funds, Brooklyn Center School District tax rate . Further concentration of low income Aging active community members and associations Pending loss of senior households moving into senior living facilities- seniors add stability to neighborhood/community and this adds additional houses on the market . Successful developments occurring in nearby cities e Additional state and federal mandates . Police Chief's pending retirement xii APPENDIX 5 SWOT Results -Highest Priorities • Continued public safety improvements • Continued housing & neighborhood enhancements • Appropriate development Continuing redevelopment o Crime Prevention • Inclusion o Community Image -The community's image will be judged on the basis of our continued success in key areas such as public safety, improved neighborhoods, and inclusive, culturally sensitive engagement with our residents/customers. o Focused Redevelopment - The renewal of our commercial, industrial and residential properties is essential to the future health and vitality of the city. o Financial Stability - The city will provide quality services focusing on continuous improvement and innovation, while stabilizing property taxes and minimizing reliance on state shared revenue. o Redevelopment • Diversity • Maintaining Infrastructure • In my mind, we should build off our strengths and address the need for increased community engagement—community building strategies and social services that help build and validate a sense of value and pride in our residents (especially the youth and those marginalized). o Another main focus is the redevelopment of several commercial properties and public roadways. Ensuring that we are making responsible and transparent fiscal, social and environmental decisions during this process is paramount. o I'd like to see the redevelopment within the city that offer residents an increased opportunity to come together in safe spaces, to secure employment and that encourage entrepreneurship. xl" • Accelerated Redevelopment • Youth Development • Community Engagement • Capital Investments (i.e. water treatment plant and infrastructure replacements) • Community Policing and continuing to provide a safe community • Redevelopment Opportunities • The continuation of a Community Policing Program which demonstrates a high profile of police presence and proactive involvement with its citizen and business community. • The continuation of the Neighborhood Street & Utility Reconstruction Program. • Redevelopment Projects/Activities: - Proactively working with the developer on the completion of the Shingle Creek Crossing Development. - Redevelopment of new market rate housing options within the Opportunity Site - Public investments which promote private development & investments into the redevelopment and reimaging of the Brooklyn Boulevard Corridor. • Continued Redevelopment (focus on dining) • Continued financial stability • Roadway • City Hall remodel • Aging population • Engaging our diverse population • Image Enhancement • Redevelopment/housing • Improve image • Market and develop land • Maintain City's financial stability xiv APPENDIX 6 Strategic Initiatives-Action Plans The following Appendix contains the Action Plans for the Strategic Initiatives. xv (V Ln 0 E0C00w 4-. 0 CL ra I- U U 01 a). a)4..ra 0 a) L(I-C -ra 0I-; r'J (0 0> bjD Q) (0- . w O4->-' .C .I- I_ - 10>UL EI.-0 - 4- -o 0• C #(0 -c V1) L)C 10 .a) (0L/ C a) IA cajLAa) C000cL0 A' a) 0 - --bo I 0 -• c 0 V 4- a)ra a) - 10U a) 10 =0 o i S :0C-a)(00 - o V) i- a)4-C4-1 210 c 00C100j. - > 4- C (1)0.a)4-ra--10a)C0 -a)10D.O Ln ...0 U - a) (010>•--00_o tA Q)100>4 .O oI- CCcoc a)-CQ) _0 L/I--DC 28 0 E ..•—E•0a)a) :•°o C4-10 -Do Ln ZI - -C a)4-CCa) E° ob 2a)> (0104O0C10a) a°UJ>>>0-0C •E 0)0V '400I-c C> .O C .E OED.DU10 Q, •UcoOo C- 'I-Ia) 0 9-0 a) a) a) a).uJ OW- -C vi 0 (00 a) E00 4.. 0 a) a) (0a)I-U I/I 0 -I Q)z 0 raU C a) E0U 0 a) (0 Ln U E0C0ULU 0 Ln U a) -o 5 O C >0a)ci)ci)(ci (N-61 Ln to ci)O WO ciIV) N - a) C0 .>L -L(U (U (U (UUU -U U C(U C(U C(0 C(U C(00-_C --- U U U U .(0 Ln bb m Cci)U -(U=raoC ).0(0 0 C4.-Lfl---COCO..>i)Wbcn41 00UtACCUJU)OJCU 2UC 0 •°tA U,OO —OVO-U)6..(U oDs-..c U0(0 0 -0—W LA 0 C0 4-00W Ln C•—- 4-Ca)0 0 cciE o>(U ci E-a)4 0-U)0 CU)-cCQ) toE -a)E.Ci -b Ca)0 I—o.0ciUCC) :U)SI.. 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