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HomeMy WebLinkAbout2015 05-26 CCP Regular SessionAGENDA CITY OF BROOKLYN CENTER CITY COUNCIL SPECIAL MEETING May 26, 2015 (Tuesday) 5:30 p.m. City Hall Council/Commission Conference Room Call to Order 2. Roll Call Discussion Regarding Police Chief Recruitment Process —Sharon Klumpp, Waters & Company Executive Recruitment, will solicit input from City Council Members regarding the selection criteria for the Police Chief recruitment process. 4. Adjourn AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL STUDY SESSION May 26, 2015 (Tuesday) 6:45 p.m. or following Informal Open Forum City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center May 26, 2015 (Tuesday) 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.May 4, 2015 - Board of Appeal and Equalization Reconvene 2.May 11, 2015—Study Session 3. May 11, 2015 - Regular Session b. Licenses C. Resolution Establishing Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements d.Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2014-11, 2014 Capital Maintenance Building Project e.Resolution Calling for a Public Hearing on the Issuance of Conduit Charter School Lease Revenue Bonds and Authorizing the Publication of a Notice of the Hearing (New Millennium Academy Project) 7. Presentations/Proclamations/Recognitions/Donations —None. CITY COUNCIL AGENDA -2- May 26, 2015 8.Public Hearings —None. 9.Planning Commission Items a. Planning Commission Application No. 2015-002, Submitted by Osseo Area Schools ISD No. 279 for Site Plan Approval of a Re-Designed Parking Lot with Bus Drop-Off Area and Staff-Only Parking Area for the Willow Lane Early Childhood Education Center, Located at 7020 Perry Avenue North Resolution Regarding the Disposition of Planning Commission Application No. 2015-002, Submitted by Osseo Area Schools ISD No. 279 for Site Plan Approval of a Re-Designed Parking Lot and New Staff Parking Lot for Willow Lane Early Childhood Education Center, Located at 7020 Perry Avenue North Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a.Mayoral Appointment of Members to Serve on Planning Commission Requested Council Action: —Motion to ratify Mayoral appointments. b.Mayoral Appointment of Member to Serve on Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to ratify Mayoral appointment. C. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5025 Drew Avenue North 2.Resolution Approving a Type IV Rental License for 3818 61st Avenue North 3.Resolution Approving a Type IV Rental License for 1601 67th Lane North 4.Resolution Approving a Type IV Rental License for 5444 Dupont Avenue North 5.Resolution Approving a Type IV Rental License for 5508 Fremont Avenue North 6.Resolution Approving a Type IV Rental License for 5540 Knox Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. CITY COUNCIL AGENDA -3- May 26, 2015 d. An Ordinance Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property and a Resolution Approving Purchase and Conveyance of Parcel #01-118-21-34-0070 (3112 67th Avenue North) Requested Council Action: —Motion to approve first reading of Ordinance and set second reading and Public Hearing for June 22, 2015. —Motion to adopt resolution. 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 BOARD OF APPEAL AND EQUALIZATION RECONVENE MAY 4, 2015 CITY HALL - COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council reconvened the Local Board of Appeal and Equalization and the meeting was called to order by Mayor Pro Tern Ryan at 6:03 p.m. 2.ROLL CALL Mayor Pro Tern Dan Ryan and Councilmernbers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and unexcused. Also present were City Manager Curt Boganey, Business and Development Director Gary Eitel, and Deputy City Clerk Maria Rosenbaum. Others present from the Hennepin County Assessor's Office were Principal Residential Appraiser Rob Winge and Senior Appraiser Janene Herbert. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by all Board Members present. 4.ASSESSOR'S REPORT Principal Residential Appraiser Rob Winge discussed that following the April 20, 2015, Local Board of Appeal and Equalization meeting staff from the Hennepin County Assessor's Office met with each of the following appellants and arrived upon recommendations after a physical review of the properties, along with a review of market comparables. Each of the following appellants has agreed with the Assessor's recommendations: Matthew Yackel 5912 Camden Avenue N 01-118-21-12-0019 Assessor's recommendation: A value change from $203,400 to $190,000. 05/04/15 -1- DRAFT A motion by Mayor Pro Tern Ryan, seconded by Councilmember Myszkowski to accept the Hennepin County Assessor's Department recommendation at this time for a payable 2015 market value estimate of $190,000. Motion passed unanimously. Eretz, LLC 5915 John Martin Drive 02-118-21-12-0011 Assessor's recommendation: A value change from $562,000 to $411,000. A motion by Mayor Pro Tern Ryan, seconded by Councilmember Myszkowski to accept the Hennepin County Assessor's Department recommendation at this time for a payable 2015 market value estimate of $411,000. Motion passed unanimously. Tech Pheng Ung and Thu Kim Ung 5329 Brooklyn Boulevard 03-118-21-44-0006 Assessor's recommendation: To sustain the 2015 estimated market value of $219,000. The property owner withdrew his appeal after discussing his value on April 20, 2015, at the Local Board of Appeal and Equalization meeting. This recommendation should remain and be included with this meeting with no change in case the appellant would like to go before the County Board. A motion by Mayor Pro Tern Ryan, seconded by Councilmember Myszkowski to sustain the 2015 estimated market value for this property at $219,000. Motion passed unanimously. 5. ADJOURN A motion by Councilmember Lawrence-Anderson, seconded by Councilmember Myszkowski to adjourn the meeting at 6:07p.m. Motion passed unanimously. 05/04/15 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION MAY 11, 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, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Finance Director Nate Reinhardt, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following correction to the City Council Regular Session minutes of April 27, 2015: Page 7 Item 1 Oh, 3rd paragraph, 1st sentence, '...will tie the City to certain projects or beliefs programs but rather give...' It was the majority consensus of the City Council to accept the correction to the April 27, 2015, City Council Regular Session minutes. Councilmember Graves requested discussion on City Council Regular Session Consent Agenda Item 6d, Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015- 05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements, in particular she questioned if the City Council should be taking action to approve the resolution at tonight's meeting or if they should wait until after the next public meeting. City Manager Curt Boganey stated that the intent for the next public meeting was informational for residents. He explained that the meeting would include how the project will run and what the residents can expect during construction. Mayor Willson added to Mr. Boganey's comments that the input stage for citizens was a few months ago prior to the bids being collected. Councilmember Ryan concurred with both Mayor Willson and Mr. Boganey. 05/11/15 -1- DRAFT MISCELLANEOUS Councilmember Myszkowski asked about the old gas station that recently closed. Mayor Willson stated that the property will be an expansion of the new Luther Volkswagen dealership. Mr. Boganey mentioned that Councilmember Lawrence-Anderson would be absent from this evening's meeting, but she sent her thoughts on the Work Session topic to the others in the form of an e-mail, which he distributed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS E-CIGARETTES IN PUBLIC PLACES Director of Community Activities, Recreation and Services Jim Glasoe explained that the Park and Recreation Commission has been discussing the current tobacco ordinance, more specifically, how the ordinance should be amended to include c-cigarettes and/or vaping while in public parks. Mr. Glasoe stated that after a lengthy debate, the Commission has made the recommendation to leave the ordinance language the same and make no changes to the policy. He said this recommendation passed on a 4-2 vote, in which the opposing two wanted a full ban on all tobacco product use in public places. Mayor Willson stated that he does not like how tobacco companies have been working to build their sales by targeting youth with e-cigarettes and their flavoring. Councilmember Graves explained as the Council liaison to the Park and Recreation Commission, she was there throughout the debate and stated she believed that the Commission did a great job in listening and making an informed decision. She went on to explain not only did a debate happen but also the Brooklyn Youth Alliance was brought in to explain their stance on this topic as it affects the youth. She further said the Alliance stated they were in support of a full ban of tobacco products in the parks but didn't want this to be an enforceable action by law enforcement. Councilmember Graves continued that she would align herself with the youth in supporting a full ban, but she doesn't want to see people getting tickets or citations or in legal trouble for smoking in the park. Mayor Willson stated that he is for individual rights and empathizes with those who are smokers but thinks that a ban would be appropriate. Councilmember Myszkowski read the e-mail that Councilmember Lawrence-Anderson sent to Mr. Boganey. The e-mail expresses Councilmember Lawrence-Anderson's desire to have the current policy overturned regarding smoking in the parks. She cites that other cities around Brooklyn Center have made a hard stance on smoking and vaping within their parks not limited to if children are present. Councilmember Myszkowski concurs with Councilmember Lawrence- Anderson's e-mail and referred to the map showing the areas in which full tobacco bans exist. Councilmember Myszkowski stated that Fridley, Crystal, St. Louis Park, and Brooklyn Center are the only four communities in the area that do not have a full tobacco ban in place and she -thinks not having a ban in place is reflecting on the community. She explained that with vaping, 05/11/15 -2- DRAFT youth especially are using c-cigarettes to make tricks; when it comes to exhaling the smoke/vapor, these tricks typically are elaborate and require the youth to practice and train. She continued on to state that she was very proud of the youth who presented for the Alliance and enjoyed watching them evolve throughout the research process. Councilmember Graves stated that she is on the Minneapolis Youth Coordinating Board Action Team and the Minneapolis Youth Congress is working on ordinances that will be in place limiting the places one can buy a single flavor wrap. She stated that more communities are working to get policies and ordinances in place preventing the industries from targeting youth. Councilmember Ryan asked Mr. Glasoe if the State Law treats e-cigarettes or vaping as they do a typical cigarette. Mr. Glasoe responded affirmatively. Councilmember Ryan stated that he has issues with making this a policy or ordinance because he is afraid that law enforcement will not enforce it such as other laws like littering in which the enforcement levels are low. He explained he is in support of the full ban but would like to learn more on how it will be enforced. Mayor Willson concurred. Mr. Boganey asked Mr. Glasoe since the majority of the City Council would like to see some change to the ordinance/policy, what are the next steps. Mr. Glasoe described the two options the City Council has in requesting a policy update in which no enforcement can be done or an ordinance update in which enforcement options will be in effect. Mayor Willson and Councilmember Myszkowski both stated that they would like to see the ordinance change over the policy. Councilmember Ryan asked Mr. Glasoe if it would be a petty misdemeanor for the people who are caught breaking this ordinance. Mr. Glasoe confirmed it could be if the resident were to receive a citation. Councilmember Graves said she believes that making it an ordinance and punishable rather than revising the policy would only be hurting the youth. Her reasoning was that the youth who are not permitted to smoke around their homes would turn to the park and could eventually be ticketed for breaking the ordinance. Councilmember Ryan disagreed stating that if youth receive tickets for smoking it might help as a deterrent from purchasing or using tobacco products. He thinks that changing the ordinance would send a stronger message to the public and the youth that Brooklyn Center cares about health. Councilmember Graves cited that Minneapolis is now in the process of changing its ordinances regarding loitering and spitting because they have found it targets certain segments of the population. She is afraid that will happen in Brooklyn Center if this is passed as an ordinance and believes that the same outcome could be reached with policy. 05/11/15 -3- DRAFT Councilmember Myszkowski stated that in all of her years of walking in the parks she has only counted a limited number of people who were smoking in the parks. She believes that having a revision to the ordinance would be better because it would send a message to the public that the City Council does care about helping youth avoid the pitfalls of smoking. Councilmember Ryan brought up the fact that there are softball games in the park, which serves alcohol, and wondered how the number of citizens who attend those games would feel regarding this ban. Councilmember Myszkowski stated that the City does not want to contradict itself so smoking would be banned at the Dudley as it would be at every park. Mayor Willson pointed out that when law enforcement is out patrolling the games, they would need to cite individuals who are violating the ordinance. Mr. Boganey indicated that law enforcement have discretion in certain situations, so the police officers could issue verbal and written warnings. He went on to explain the Police are not required to issue citations every time someone breaks an ordinance, just as they don't issue a ticket for every speeder or rolling through a STOP sign violation. Mr. Boganey explained that the enforceable actions could be issued to those who do not comply with the officers' requests. Mayor Willson stated that he would have a hard time supporting an ordinance change that would not be fully enforced at all times. He stated for this reason, he is in support of a policy change. Councilmember Myszkowski stated she supported an ordinance change. Councilmember Graves stated that she is in support of a policy change because she is concerned with the enforcement actions that would be taken. Councilmember Ryan stated he supported an ordinance change, only because there would be consequences for those who do not comply. Mr. Boganey suggested since the City Council was split on a decision, the City staff could work through both policy and ordinance changes and bring them back to the City Council for consideration and adoption. It was the majority consensus of the City Council that City staff provide both policy and ordinance changes for City Council consideration and adoption regarding c-cigarettes and tobacco use. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:44 p.m. 05/11/15 -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 MAY 11, 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 Wilson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Finance Director Nate Reinhardt, City Attorney Troy Gilchrist, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2.INVOCATION Mayor Tim Willson requested a moment of silence and personal reflection as the Invocation for those who have lost their lives in recent events in Officer Involved Shootings and for the Officers who have lost their lives while on duty. 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 05/11/15 4- DRAFT Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Finance Director Nate Reifrhardt, City Attorney Troy Gilchrist, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the City Council Regular Session minutes of April 27, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 27, 2015 - Study Session 2.April 27 2015 - Regular Session 6b. LICENSES MECHANICAL Easco Plumbing and Heating Gilbert Mechanical Contractors Louis Degidio Service, Inc MAG Mechanical RENTAL INITIAL $I'YPE III— one-year license) 3213 62" Avenue North 1712 71" Avenue North INITIAL (TYPE II - two-year license) 53514 th Street RENEWAL (TYPE HI— one-year license) 5937 Abbott Avenue North Missing CF TED 5930 Camden Avenue North 5200 Drew Avenue North 5424 Fremont Avenue North 5315 Logan Avenue North Missing CF TED and ARM 5332 Morgan Avenue North 7965 Pioneer Trail, Loretto 4451 West 76th Street, Edina 21033 Heron Way, Lakeville 7100 Medicine Lk Rd, Minneapolis David Cheng Brent Berg Infinite Property LLC Mark Crost Matthew Joseph Morris Matthews Bill McCrum Kristen and Joel Carson James Waters 05/11/15 -2- DRAFT RENEWAL (TYPE H— two-year license) 3614 -16 501h Avenue North 6710 Orchard Lane Marvin Garden Townhomes 6018 Admiral Place 5442 James Avenue North 3306 Quarles Road Passed w/ Weather Deferral 5913 Washburn Avenue North RENEWAL (TYPE I— three-year license) 350147 th Avenue North Passed w/ Weather Deferral 131668 Lane North 5160 Drew Avenue North 7037 Perry Avenue North 4318 Winchester Lane SIGNHANGER Fish and LaBeau Signs, Inc Kj irsten Bj erke-Keenan Redevco Management Co Lutheran Social Service of MN Gerald Stigsell John and Sonja Simpson Robert Lindahi Richard Grommes Valerie McKissack Chen Zhou Kin Chew Deepak Nath 9350 County Rd. 19, Corcoran 6c.APPROVAL OF REQUEST FOR PROPOSALS FOR BANKING SERVICES 6d.RESOLUTION NO. 2015-75 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2015-05, 06, 07, AND 08, 63RD AVENUE STREET AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2015-76 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AUGUST 27, 2009, TRAILWAY COOPERATIVE AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER 61. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY THE LOPPET FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 24, 2015 6g. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.02, SUBDIVISION 3, OF THE BROOKLYN CENTER CITY CHARTER —MOTION TO APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR JUNE 8, 2015. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 05/11/15 -3- DRAFT 7a.RESOLUTION NO. 2015-77 EXPRESSING RECOGNITION AND APPRECIATION OF SCOTT BURFEIND FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Scott Burfeind for his dedicated public service on the Planning Commission. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-77 Expressing Recognition and Appreciation of Scott Burfeind for his Dedicated Public Service on the Planning Commission. Motion passed unanimously. 7b.RESOLUTION NO. 2015-78 EXPRESSING RECOGNITION AND APPRECIATION OF ZACHARY MARKO FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Zachary Marko for his dedicated public service on the Housing Commission. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 20 15-78 Expressing Recognition and Appreciation of Zachary Marko for his Dedicated Public Service on the Housing Commission. Motion passed unanimously. Mayor Willson stated that he had the opportunity to speak with several graduates of the Brooklyn Center University and they have expressed an interest in serving on a commission. 7e. RESOLUTION NO. 2015-79 RECOGNIZING MAY 10 THROUGH MAY 16, 2015, AS POLICE WEEK AND MAY 15, 2015, AS POLICE OFFICERS MEMORIAL DAY Mayor Willson read in full a Resolution recognizing May 10 through May 16, 2015, as Police Week and May 15, 2015, as Police Officers Memorial Day. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-79 Recognizing May 10 through May 16, 2015, as Police Week and May 15, 2015, as Police Officers Memorial Day. Motion passed unanimously. 8. PUBLIC HEARINGS —None 05/11/15 -4- DRAFT 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. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 10a6. lOal. 4809-11 TWIN LAKE AVENUE NORTH, LAKE SHORE APARTMENTS 10a2. 6021 EMERSON AVENUE NORTH 10a3. 6777 HUMBOLDT AVENUE NORTH 10a4. RESOLUTION NO. 2015-80 APPROVING A TYPE IV RENTAL LICENSE FOR 5800, 5830 LOGAN AVENUE NORTH, THE LILACS 10a5. RESOLUTION NO. 2015-81 APPROVING A TYPE IV RENTAL LICENSE FOR 1320 68TH LANE NORTH 10a6. RESOLUTION NO. 2015-82 APPROVING A TYPE IV RENTAL LICENSE FOR 6400 NOBLE AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4809-11 Twin Lake Avenue North; 6021 Emerson Avenue North; and 6777 Humboldt Avenue North; and to adopt RESOLUTION NO. 2015-80, Approving a Type IV Rental License for 5800, 5830 Logan Avenue North, The Lilacs; RESOLUTION NO. 2015-81 Approving a Type IV Rental License for 1320 68 th Lane North; and RESOLUTION NO. 2015-82 Approving a Type IV Rental License for 6400 Noble Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. RESOLUTION NO. 2015-83 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $7,035,000 GENERAL OBLIGATION UTILITY REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015A Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed Resolutions No. 2015-83 and 2015-84. He shared a PowerPoint with the City Council and explained that the sale of these bonds would lower the interest rate that Brooklyn Center has currently, increasing its financial standing. Mr. Reinhardt explained how 05/11/15 -5- DRAFT the current debt is structured and how the re-structuring at lower interest rates will provide more stability. He went on to explain the debt repayment plan that Brooklyn Center is using to pay back these bonds and how using levies and special assessments are a crucial part of that plan. Mr. Doug Green, Spingsted Incorporated, presented the process that has occurred thus far with collecting bids, developing the special assessments, looking at how the current debt is structured and drafting the new bond agreement once the sale has taken place. He explained that Brooklyn Center currently has a AA bond rating and that will increase the number of potential bids. He continued stating that once the bids are collected for the bonds, it will be brought before the City Council for its approval before formally accepting the bid. Councilmember Ryan compared the sale of these bonds to homeowners who have multiple loans on a home and refinance to one loan with a lower interest rate. Mr. Green confirmed that is exactly how to look at this bond sale situation and added that combining these two bonds together in turn makes them more valued by the investor. Mayor Willson thanked Mr. Reinhardt and Mr. Green in their efforts regarding this sale and praised both for assuring the last 15 years of financial stability for Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-83 Providing for the Competitive Negotiated Sale of $7,035,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A.' Motion passed unanimously. lOc. RESOLUTION NO. 2015-84 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,830,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2015B Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-84 Providing for the Competitive Negotiated Sale of $6,830,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 29, 2015: Freeway Park Area Neighborhood Preconstruction Meeting • May 4, 2015: Reconvened Local Board of Appeal and Equalization Meeting • May 7, 2015: Lions Club meeting in which the Fire Department presented information on Home Fire Safety • May 13, 2015: 63rd Avenue Preconstruction Meeting • May 15, 2015: Crime Prevention Golf Tournament • May 21, 2015: The first of the neighborhood meetings at 6:30 p.m. at Palmer Lake Park 05/11/15 -6- DRAFT Councilmember Ryan thanked citizens participating in the Watershed Clean-Up event, noting that over 106 citizens attended and collected over 114 bags of trash. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • April 29, 2015: Freeway Park Area Neighborhood Preconstruction Meeting • April 30, 2015: Fundraiser for CEAP • May 4, 2015: Reconvened Local Board of Appeal and Equalization Meeting • May 7, 2015: Took part in interviews conducted by Osseo School's reflecting on the creation of a strategic plan Councilmember Myszkowski gave an update from Brooklyn Center's sister City in Liberia, noting that she has not heard from them in a while but everyone appears to be fine. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • April 30, 2015: Brooklyn Center's Junior High Transition Night as well as Birch Grove's 2' Grade Concert • May 1, 2015: Helped organizers with Minneapolis Walk Out, through the Black Lives Matter Campaign • May 4, 2015: Reconvened Local Board of Appeal and Equalization Meeting • May 13, 2015: 63rd Avenue Preconstruction Meeting • May 21, 2015: Park and Recreation Commission Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 29, 2015: Freeway Park Area Neighborhood Preconstruction Meeting • May 2, 2015: Brooklyn Center Prayer Breakfast • May 4, 2015: Had planned to attend the Reconvened Local Board of Appeal and Equalization Meeting but a scheduling conflict arose • May 15, 2015: Crime Prevention Golf Tournament • May 21, 2015: The first of the neighborhood meetings at 6:30 p.m. at Palmer Lake Park Mayor Willson highlighted important dates for the City Council: Michael's Grand Opening May 13, 2015, at 10 a.m.; Northwest Hennepin Human Services Council Annual Meeting at the Community Center on May 20, 2015; and the North Hennepin Area Chamber of Commerce Leadership Academy in the Council Chambers on May 22, 2015. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:43 p.m. Motion passed unanimously. 05/11/15 -7- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: May 19, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cle% SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 26, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Heating and Cooling Design Inc. Royalton Heating and Cooling RENTAL See attached report. 10830 Able Street NE, Blame 4120 85th Avenue N, Brooklyn Park Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of 141e for al/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 - I License Category I Number of Units Property Code Violations per (Based on Property Code Only) - Inspected Unit - Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 1-2 units Greater than 1 3+ units Greater than 0 1-2 units Greater than 4 3+ units Greater than 1 1-2 units Greater than 8 Type II - 2 Year I Type III - 1 Year I Type IV - 6 Months but not more than 4 5 but not more than 1.5 but not more than 8 but not more 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 S or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of l4f , r allpeopk' and preserves the public trust a)>- a) a)0>. (1)CL a)( va)>- a)c.n II—a) .2CL>>. 0 a)Ca) 0 o D4— 04—(Ii C bfl a) U)ca LL U cu U)v . —I_j_ _1 ** ** * * a) cuCL CL cu cu 0. City Council Agenda Item No. 6c [S[i1IJ[J I I I k'A LA I (I] 1WI PIIMI DATE: May 19, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements Recommendation: It is recommended that the City Council approves the resolution establishing Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements. Background: In 2016, the City will be entering the 23rd year of its long-range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure. This program has included the reconstruction of public streets, replacement of deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic control improvement. In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the Palmer Lake West Area is programmed for improvements in 2016 (see attached map for specific street locations). At this time, staff requests that the City Council establish this street and utility improvement project so investigative engineering work may begin. The Palmer Lake West Area Street and Utility Improvements project area consists of approximately 2.2 miles of streets and utilities. The area consists of approximately 198 residential properties. The project is expected to include complete replacement of existing water main, complete replacement of existing sanitary sewer and replacement of a majority of the storm drainage systems in the project area. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments, and soil/geotechnical investigations. Upon authorization by the City Council, the following actions would take place: il'Jisswn: Ensuring an attractive, clean, safe, inclusive community I/mat enhances the qua/kV of/ky fbr all people 1111(1 preserrec time public trust SIIiIi[O1 I I I Mk"A L'A I k'4 (I) 1AWI I1IIL I Collect data, including field surveys, review traffic counts and review maintenance records. • Evaluate project in accordance with the City's Complete Streets Policy. • Conduct storm sewer system and water main distribution system analyses. Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. • Conduct a public informational meeting in the fall of 2015 to present initial findings to the neighborhood and to gauge public interest in the improvement project. • Prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. To date, the City has completed 86.3 miles of local street and utility reconstruction since initiating the Neighborhood Street and Utility Improvement Program. This represents approximately 82% percent of the total local roadways within Brooklyn Center. Budget Issues: The Palmer Lake West Area Street and Utility Improvements project is identified in the City's Capital Improvement Program with a preliminary project cost estimate of $6,510,000. The estimated cost for preliminary field work, preparation of a project feasibility report and design is $235,000. Strategic Priorities: Key Infrastructure Investments Mission: Ensurinq an attractive, c/mit, safe, inclusive conununhty that enhances the qua/it v of lift, for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2016; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the Palmer Lake West Area; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements are hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall prepare a project feasibility report for review by the City Council in the fall of 2015. 4.Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Preliminary Design and Plan Prep.$160,000 Televising $ 5,000 Field Survey $ 18,000 Geotechnical Investigation $ 18,000 Storm Sewer system analysis $ 25,000 Watermain system analyses $ 9,000 Estimated Costs Total $235,000 RESOLUTION NO. REVENUES Sanitary Sewer Utility Fund Water Utility Fund Storm Sewer Utility Fund Street Reconstruction Fund Estimated Revenues Total May 26, 2015 Date AMOUNT $ 47,000 $ 54,000 $ 51,000 $ 83,000 $235,000 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. Palmer Lake West Area Improvements - 2016 The Palmer Lake West project area extends from the north Cit y limits to 69 'h and from France Avenue to West Palmer Lake Dr. The total project length is 11,621 feet. The neighborhood consists of approximately 198 residential properties. Streets The majority of the streets in the project area were originally constructed in 1956 and 1957. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. W ater main I 11 I I I I-. N The existing water main is 6-inch diameter cast iron pipe installed in 1956 and 1957. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, the project area has a history of water main breaks along West Palmer Lake Dr., Ewing Avenue and Woodbine Lane. Water records indicate nine main breaks have occurred within the area, and five properties have experienced frozen water service in past winters. The current project estimate includes complete water main replacement. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1956 and 1957. Lift Station No. 3 is located in the project area on West Palmer Lake Drive. The lift station was reconstructed in 1982, the force main was replaced in 1992, and the control cabinet was replaced in 2003. Approximately 75 percent of the sanitary sewer in the project area is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to a regional storm water management pond adjacent to Palmer Lake. A trunk storm sewer line extends along back property lines north of Urban Avenue. This line consists of 54-inch diameter reinforced concrete pipe installed in 1956. Expansion of the existing storm sewer system and higher capacity will be needed to minimize local flooding. The current project cost estimate assumes reconstruction of the existing storm sewer system within the street right-of-way, but does not include the replacement of the 54- inch diameter trunk storm sewer within the rear yards. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes replacing the 18 wood poles with 18 fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries P a g e 116 2015-2029 Capital Improvement Program City Council Agenda Item No. 6d EI1iJ[iJ IU U I h'4 L!A I DI'A 0) 1I P1Ik'A I DATE: May 19,2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2014-11, 2014 Capital Maintenance Building Project Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project No. 2014- 11, 2014 Capital Maintenance Building Project. Background: - On March 23, 2015, the City Council authorized execution of a Professional Services Agreement for design and in-construction services with Stantec Consulting Services (Stantec) for the 2014 Capital Maintenance Building Project improvements. Construction plans, specifications and contract documents have subsequently been prepared by Stantec for the improvements to facilities at the City Hall and Community Center campus including: building envelope sealing, boiler upgrades, pool HVAC upgrades, exterior and interior lighting upgrades, Community Center roof replacement, west pool wall improvements, system controls upgrade, pool pump and filter upgrades, window replacements, Community Center HVAC upgrades and other miscellaneous improvements. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the June 22, 2015, City Council meeting. Budget Issues: In the 2014 Capital Improvement Program, Capital Project Funds were approved in the amount of $4,106,000 for the aforementioned building improvements and remain available for this project. Strategic Priorities: Key Infrastructure Investments Mission: Lnsuring an attractive, c/ca ii, sqft, inclusive coinmnnity that enhances the quality of fife for al/people wul preserves the public trust Member introduced the following resolution and in its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT WHEREAS, the Brooklyn Center City Council, by Resolution No. 2015-54, authorized the execution of a Professional Services Agreement with Stantec Consulting Services for design and in-construction services for the 2014 Capital Building Maintenance Project; and WHEREAS, the allocated funds designated for this project in 2014 in the amount of $4,106,000 remain set aside for this project; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2014-11 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. May 26,: 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 Project Manual For City Improvement Project No. 2014-11 City Contract No. 2014-K Prepared for: City of Brooklyn Center, Minnesota May 2015 Stantec Project No. 193803187 11 Stantec ez A A H-0U)uJzz uJ H-z LUUz >--J 00 ro uJ F- F-0uJ 0 0 INOIFEVISION DATE I FE U 2014 CAPITAL MAINTENANCE BUILDING PROGRAM PROJECT CITY IMPROVEMENT NO. 2014-11 CITY CONTRACT NO. 2014-K PROJECT SHEET INDEX GENERAL G001 PROJECT TITLE SHEET G002 ARCHITECTURAL ABBREVIATIONS, INDICATION OF MATERIALS & SYMBOLS ARCHITECTURAL AlOE EXISTING MAIN AND UPPER LEVEL FLOOR PLANS Ai101 MAIN LEVEL DEMOLITION PLAN A1102 UPPER LEVEL DEMOLITION PLAN A]103 ROOF DEMOLITION PLAN A102 RENOVATED MAIN AND UPPER LEVEL FLOOR PLANS A201 EXTERIOR ELEVATIONS AND DETAILSPROJECTA401 ENLARGED PLANS, SCHEDULES AND DETAILS A800 EXISTING ROOF PLANLOCATIONA801 RENOVATED ROOF PLAN A802 ROOF DETAILS STRUCTURAL Sill PARTIAL MAIN LEVEL PLAN S201 PARTIAL ROOF FRAMING PLAN AND DETAILS POOL FILTRATION Q101 MAIN LEVEL FLOOR PLAN Q102 POOL MECHANICAL ROOM DEMOLITION PLAN Q103 POOL MECHANICAL ROOM PLAN Q301 DETAILS MECHANICAL MiOl MECHANICAL MAIN FLOOR PLAN 11102 MECHANICAL UPPER LEVEL PLAN 11 101 MECHANICAL MAIN FLOOR REMOVAL PLAN M102 MECHANICAL UPPER LEVEL REMOVAL PLAN 11401 SECTIONS ELECTRICAL E201 MAIN FLOOR LIGHTING PLAN City of BROOKLYN CENTER 8C LOCATION MAP IHkSYi I.)&WI c-) oz o ci 58 z F zo Ecfl. r3n.1'fl. 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NO. 1936V3167 A200 City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Call for Public Hearing for Host Approval on the Issuance of New Millennium Academy Conduit Charter School Lease Revenue Bonds and Authorizing the Publication of a Notice of the Hearing Recommendation: It is recommended that the City Council consider host approval to the issuance by the City of Columbus, Minnesota of revenue obligations, under Minnesota Statutes, Sections 469.152 to 469.1655, relating to municipal industrial development. The Statute gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by active attraction and encouragement and development of economically sound industry and commerce. The City of Brooklyn Center has received from CS Property NMA, LLC, a Minnesota limited liability company, the sole member of which is Hmong America Partnership, a proposal that the City of Columbus, Minnesota assist in financing the New Millennium Academy project, which is located in Brooklyn Center through the issuance of revenue bonds. The adoption of this resolution authorizes calling a public hearing to consider the proposed financing of the project, but does not constitute approval of the proposed financing or the project or constitute a determination or approval regarding any additional City requirements related to the construction or financing of the project. Background: CS Property NMA, LLC, a Minnesota limited liability company the sole member of which is Hmong America Partnership, a Minnesota corporation and 501(c)(3) organization, proposes to finance a project consisting of the acquisition, construction and equipping of an approximately 85,000 square foot school facility that will include a gymnasium, auditorium, cafeteria, media center, office spaces and approximately 34 classrooms for a kindergarten through grade 8 public charter school to be located at 5120 Lilac Avenue North in Brooklyn Center. The project will be owned by CS Property NMA, LLC and operated by New Millennium Academy, a Minnesota nonprofit corporation and public charter school. The June 22nd, 2015 regular meeting will include a public hearing on this matter, notice of which will be published in the Brooklyn Center Sun Post by June 8, 2015. Budget Issues: The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. The issuance of the Bonds will not affect the City's credit rating, bond limits or create a potential liability to the City in any way. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1$J[SJ II N MYA I I I'A 0) 1WI tiSh'l Strategic Priorities: . Resident Economic Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Extract of Minutes of a Meeting of the City Council of the City of Brooklyn Center, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Minnesota, was duly held at the City Hall in said City on Tuesday, the 26th day of May, 2015, at 7:00 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (NEW MILLENNIUM ACADEMY PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member and after full discussion thereof 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. 460860v2 JSB CL290-10 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (NEW MILLENNIUM ACADEMY PROJECT) (a)WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for, the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b)WHEREAS, the City of Brooklyn Center, Minnesota ("Brooklyn Center"), has received from CS Property NMA, LLC, a Minnesota nonprofit limited liability company (the "Borrower"), the sole member of which is Hmong American Partnership, a Minnesota nonprofit corporation and tax exempt organization under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Sole Member"), a proposal that the City of Columbus, Minnesota (the "Issuer") assist in financing a Project described in Exhibit A, which will be located in Brooklyn Center, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, Brooklyn Center has been advised that a public hearing and City Council approval of the financing of the Project is required under the Act and Section 147(f) of the Internal Revenue Code because the facilities to be financed by the Bonds will be located in Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: - 1.A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Public Hearing attached hereto as Exhibit A, or on such other date for which notice may be published in accordance with applicable law. 2.The adoption of this resolution authorizes calling a public hearing to consider the proposed financing of the Project, but does not constitute approval of the proposed financing or the Project or constitute a determination or approval regarding any additional City requirements related to the construction or financing of the Project. 3. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of Brooklyn Center and a newspaper of general circulation available in Brooklyn Center, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Brooklyn Center, Minnesota, this 26 1h day of May, 2015. Mayor 2 4608 60v2 JSB CL290-10 ATTEST: City Clerk 460860v2 JSB CL290-10 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to calling for a public hearing on the approving the issuance of a revenue obligation for a project in the City. WITNESS my hand this day of May, 2015. City Clerk 4 460860v2 JSB CL290-10 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF A CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS FOR THE NEW MILLENNIUM ACADEMY PROJECT Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota (the "City") will meet at the City Hall, 6301 Shingle Creek Parkway, in the City, at 7:00 p.m. on Monday, June 22, 2015 to hold a public hearing and consider giving host approval to the issuance by the City of Columbus, Minnesota ("Issuer") of revenue bonds or obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.1655 (the "Act"), in order to finance the cost of a project to be located in the City (the "Bonds"). CS Property NMA, LLC, a Minnesota nonprofit limited liability company (the "Borrower") the sole member of which is Hmong American Partnership, a Minnesota nonprofit corporation and tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Sole Member") proposes to finance a Project consisting of the acquisition, construction and equipping of an approximately 85,000 square foot school facility that will include a gymnasium, auditorium, cafeteria, media center, office spaces and approximately 34 classrooms for a kindergarten through grade 8 public charter school to be located at 5120 Lilac Drive North in the City. The Project will be owned by the Borrower and leased to and operated by New Millennium Academy, a Minnesota nonprofit corporation and public charter school (the "School"). The maximum estimated principal amount of the Bonds to be issued to finance the Project is $18,000,000. The Bonds, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City and such obligation will not be a charge against the general credit or taxing powers of the City but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. [Publish no later than June 4, 2015] A-i 460860v2 JSB CL290-10 City Council Agenda Item No. 9a DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-002, submitted by Osseo Area Schools - ISD No. 279 for Site Plan Approval of a Re-Designed Parking and Staff Parking Lot for Willow Lane Early Childhood Education Center, located at 7020 Perry Avenue North Recommendation: It is recommended that the City Council adopt a resolution regarding the disposition of Planning Commission Application No. 2015-002, submitted by Osseo Area Schools - ISD No. 279 for Site Plan Approval of a re-designed parking and staff parking lot for Willow Lane Early Childhood Education Center, located at 7020 Perry Avenue North. Background: On May 14, 2015, the Planning Commission considered Planning Application No. 2015-002 submitted by Osseo Area Schools, requesting site plan approval of a new staff parking and bus drop-off area for Willow Lane Early Childhood Education Center. Plans call for the re-design and replacement of the main parking area to the north of the center, which includes a new bus/student drop-off area, and a new staff-only parking area situated between the center and CEAP/Northwest Family Services parking ramp. This site plan was presented as a regular planning item without official public hearing. A staff report (attached hereto) and presentation were made to the Commission, and the Commission voted to allow public comments due to neighboring residents wishing to speak on this item. Excerpts minutes from this planning commission meeting are attached for review. This council memo also includes Planning Commission Resolution No. 2015-02, in which the Planning Commission provided a favorable and unanimous recommendation approving this Site Plan to Osseo Area Schools for the new parking and bus drop-off areas for Willow Lane ECE. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image i14ission: Ensiiiing an attractive, clean, safe, inclusive communitj' that enhances the qualiiv of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-002 SUBMITTED BY OSSEO AREA SCHOOLS-ISD NO. 279 FOR SITE PLAN APPROVAL OF RE-DESIGNED PARKING LOT WITH BUS DROP-OFF AREA AND STAFF-ONLY PARKING AREA FOR WILLOW LANE EARLY CHILDHOOD EDUCATION CENTER (7020 PERRY AVENUE NORTH) WHEREAS, Planning Commission Application No. 2015-002 submitted by Osseo Area Schools - ISD No. 279 proposes a site plan approval of a redesigned parking lot with bus drop-off area and staff-only parking area for the Willow Lane Early Childhood Education Center, located 7020 Perry Avenue North; and WHEREAS, the Planning Commission held an open public meeting on May 14, 2015 to fully consider Planning Commission Application No. 2015-002, and reviewed and received a planning report and city engineer's report on the proposed new Site Plan for the proposed Willow Lane Early Childhood Education Center Parking Lot Improvement plans; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that the Site Plan for Willow Lane Early Childhood Education Center's Parking Lot Improvements, as comprehended under Planning Application No. 2015-002 may be approved based upon the following considerations: A.The Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; C.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; D.The Site Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and RESOLUTION NO. 2015- Page 2 of 3 E. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2015-02, which provides a favorable and unanimous recommendation to the City Council that this Site Plan for Willow Lane Early Childhood Education Center's Parking Lot Improvements, as comprehended under Planning Application No. 2015-02 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2015-02 as submitted by Osseo Area Schools- ISD No. 279 requesting approval of a new Site Plan of a redesigned parking lot with bus drop-off area and staff-only parking area for the Willow Lane Early Childhood Education Center, is hereby approved, subject to the following conditions: 1.The Applicant shall replant three (3) new trees to replace those being removed under this reconstruction plan. 2.All conditions noted in the City Engineer's Review Memorandum (dated 05/08/15) and all other subsequent or updated conditions and information required must be submitted and/or fulfilled to the approval and satisfaction of the City Engineer. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. May 26, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: RESOLUTION NO. 2015- Page 3 of and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 14, 2015 CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:01 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Benjamin Freedman, Carlos Morgan (arrived at 7:09 p.m.), Stephen Schoiming, and Rochelle Sweeney were present. Also present were Secretary to the Planning Commission Tim Benefti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3.CHAIR'S EXPLANATION Chair Christensen 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. Chair Christensen presented a perfect attendance award to Commissioner Schoiming. 4. APPROVAL OF MINUTES - APRIL 30, 2015 There was a motion by Commissioner Freedman, seconded by Commissioner Sweeney, to approve the minutes of the April 30, 2015 meeting. The motion passed. S. PLANNING APPLICATION ITEMS 5a) APPLICATION NO. 2015-002 OSSEO AREA SCHOOLS - ISP NO. 279 SITE PLAN APPROVAL OF RE-DESIGNED PARKING LOT WITH BUS DROP-OFF AREA AND STAFF-ONLY PARKING AREA Chair Christensen introduced Application No. 2015-002, consideration of a site plan approval of a re-designed parking lot with bus drop-off area and staff-only parking area at Willow Lane Early Childhood Education Center located at 7020 Perry Avenue North. (See Planning Commission Information Sheet dated 05-14-2015 for Application No. 2015-002.) Mr. Benetti stated Larson Engineering, acting on behalf of ISD No. 279 (Osseo Area Schools) is requesting consideration of a site plan for ISD 279's Willow Lane Early Childhood Center located at 7020 Perry Avenue North. This site plan would approve the re-design and PC Minutes 05-14-15 -1- DRAFT reconstruction of the existing parking facility located to the north of the center, along with a new staff-only parking lot area between the center and the neighboring CEAP/Northwest Family Service's parking ramp. He stated that this item is being presented as a general commission item without a public hearing, but Commissioners do have the right to open it up for comments. He provided a history and background on the site and facilities including a three level parking garage to be shared by all service groups between the two properties. He showed an aerial photo and pointed out access points that were changed in 2011. He stated that the plan calls for removal of the central area of the parking lot and the basketball/play-court area located along the east side of the building. He went over the bus route that will be used to deliver students to and from the building and he pointed out the areas designated for staff, visitor and handicap parking. He stated that the new staff parking will have a control arm-gate. He also stated that the plan will keep five inlets with two inlets being installed. He stated that the plan has been reviewed and approved by staff engineers and that the engineers did provide comments regarding a rock entrance construction to the new area and lengthening the erosion control fencing on the south end. He stated that consultants from the school did provide a traffic observation report for April 20, 2015 that showed that the site can easily accommodate the busses and a normal parking day. In conclusion, he stated that the site can easily attain the parking needs; the new bus drop-off will provide the separation they are looking for; the Planning Staff has no concerns; and the engineers did not have any concerns. He stated that there three trees would not to be replanted. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-002, a site plan to allow the reconstruction of an existing parking lot for a new bus turn-around and drop-off area, visitor parking, and staff-only parking lot for Willow Lane Early Childhood Education Center with the conditions noted in the Planning Staff report and also similar in the resolution. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Dale Caristrom, Facilities and Transportation Operations Director at Osseo Area Schools and Eric Meyer, Civil Engineer for Larson Engineering, addressed the Commission. Mr. Carlstrom stated that the purpose of the re-design was to provide for student safety. He stated that the facility serves birth to four-year-olds. There are currently a lot of people walking between buses and cars entering into bus traffic. There is also an interest in providing more parking on the property because there are staff that work in the community and are parking on Perry Avenue and that is causing a problem with the community. He stated that the district feels that the new design will work with the property. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-002 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open a public hearing on Application No. 2015-002, at 7:16 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. PC Minutes 05-14-15 -2- DRAFT Joan and Kenneth Herman, 7001 Perry Ave. No, Brooklyn Center, questioned why all the cars are parking on Perry Avenue because the parking lot sits empty and why the parking lot wasn't being used. They stated that they have been told by school staff that people did not want to walk through the school halls. They also stated that parking on Perry Avenue in the wintertime is quite dangerous and that there were 18 cars parked on the street today. Mrs. Herman asked about moving houses. She was told that no houses would be moved and the site would maintain the same footprint Mr. Caristrom stated that if the staff used the parking lot, it would help with the parking problem and that the purpose of the re-design is so that school staff do not park on Perry. Mr. and Mrs. Herman expressed their gratitude that a proposed plan in 2008 to expand the parking lot did not happen. Mrs. Herman asked if there was a charge for parking in the parking ramp and if it was full. Mr. Caristrom replied that there was no charge for parking and it is designed to accommodate the traffic and it is anticipated that the numbers will go down when Hennepin County opens another office. He stated that they discourage staff from parking in the ramp so they don't interfere with the other tenants. Mr. Heiman asked how many vehicles the ramp will hold. That information was not available. Chair Christensen stated that the main goal of the re-design was the safety of the children and that school staff will be told they need to park in the lot. Mrs. Herman stated that she is hopeful the re-design will alleviate the parking on Perry Avenue, but if it doesn't, she will come before the Commission again. Mr. Caristrom stated that they can influence where staff and parents park, get a better traffic flow and a better parking lot with the re-design and that school staff is interested in getting staff and parents off of street parking. Mr. Herman suggested re-keying the door on the south end of the building and stated that if the door was to be re-keyed it could be set up so people could get out but not in. Mr. Carlstrom stated that currently only staff could get in. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to close the public hearing on Application No. 2015-002 at 7:29 p.m. The motion passed unanimously. Chair Christensen asked for questions and comments from Commissioners. Chair Christensen stated that he shared the Hermans' concerns and is in favor of the re-design and anything that can be done to discourage parking on Perry Avenue. Mr. Carlstrom stated that the coordinator of the program is interested in giving staff parking options and hopefully this re-design will address the issues. Commissioner Schonning asked Mr. Caristrom if they anticipated installing signage to designate parking for CEA/Northwest Family Services. PC Minutes 05-14-15 -3- DRAFT Mr. Caristrom indicated that the district is working on signage to direct the public. Chair Christensen asked if it will be gated. Mr. Carlstrom replied that there would be no gate. Chair Christensen asked about fencing. Mr. Benetti stated there would be no fencing. Chair Christensen asked about signs at each parking stall. Mr. Caristrom stated that there would not be signs. Chair Christensen stated he thought there was going to be a gate. Mr. Benetti apologized and stated that he thought there would be a gate. He stated that he hopes the signs will be enough of a deterrent to keep CEAP/Northwest Family Service's clients from using the parking lot. Chair Christensen asked if 12 to 13 cars being parked on Perry Avenue would impact the count study with regard to the amount of parking spaces needed. Eric Meyer of Larson Engineering stated that the re-design will provide 11 new spaces. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-02 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-002 SUBMITTED BY OSSEO AREA SCHOOLS - ISD NO. 279 There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 20 15-02. Voting in favor: Chair Christensen, Commissioners Freedman, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its May 26, 2015 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 05-14-15 -4- DRAFT © © ©Y Commissioner Morgan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-002 SUBMITTED BY OSSEO AREA SCHOOLS-ISD NO. 279 FOR SITE PLAN APPROVAL OF RE- DESIGNED PARKING LOT WITH BUS DROP-OFF AREA AND STAFF-ONLY PARKING AREA - WILLOW LANE EARLY CHILDHOOD EDUCATION CENTER (7020 PERRY AVENUE NORTH) WHEREAS, Planning Commission Application No. 2015-002 submitted by Osseo Area Schools - ISD No. 279 proposes a site plan approval of a redesigned parking lot with bus drop-off area and staff-only parking area for the Willow lane Early Childhood Education Center, located 7020 Perry Avenue North; and WHEREAS, the Planning Commission held an open public meeting on May 14, 2015 to hilly consider Planning Commission Application No. 2015-002, and reviewed and received a planning report and city engineer's report on the proposed new Site Plan for the proposed Willow Lane Early Childhood Education Center Parking Lot Improvement plans; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site Plan of the Willow Lane Early Childhood Education Center Parking Lot Improvement, as comprehended under Planning Application No. 2015-002, may be approved based upon the following considerations: i.The Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; ii.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; iv. The Site Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and PC RESOLUTION NO. 2015-02 Page 2 of 2 V. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center does hereby recommend to the City Council that Planning Application No. 2015-002 be approved subject to the following conditions and considerations: The Applicant shall replant three (3) new trees to replace those being removed under this reconstruction plan. 2.All conditions noted in the City Engineer's Review Memorandum (dated 05/08/15) and all other subsequent or updated conditions and information required must be submitted and/or fulfilled to the approval and satisfaction of the City Engineer, 3.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. -: - - - May 14, 2015 - ---V• - - -- Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Freedman, Sweeney, Schonning, and Morgan; and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. Ci' r,I B/a)OJtl- i w (EVTLR Planning Commission Report Meeting Date: May 14, 2015 • Application Filed: 04/29/15 • Review Period (60-day) Deadline: 06/28/15 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2015-002 Applicant: Osseo Area Schools - ISD No. 279 / Larson Engineering Location: 7020 Perry Avenue North (Willow Lane School) Request: Site Plan Approval of Re-Designed Parking Lot with Bus Drop-Off Area and Staff- Only Parking Area - Willow Lane Early Childhood Education Center INTRODUCTION Larson Engineering, acting on behalf of ISD No. 279 (Osseo Area Schools) is requesting consideration of a site plan for ISD 279's Willow Lane Early Childhood Center, located at 7020 Perry Avenue North. This site plan would approve the re-design and reconstruction of the existing parking lot facility located to the north of the center, along with a new staff-only parking lot area between the center and the neighboring CEAP/Northwest Family Service's parking ramp. This item is being presented as a general Planning Commission review item; without a public hearing. The Commission may choose (by motion/second action) to allow public comments if any audience member wishes to address the Commission on this item. BACKGROUND Willow Lane Education Center was originally built in 1956 as a traditional elementary school. Willow Lane Elementary ceased operating as an elementary school a number of years ago, and Osseo Schools later converted this facility into their Early Childhood Education facility for the district. Osseo Schools and the city operate under an agreement whereby the school facilities and adjacent Willow Lane Park are shared between both groups. The property is zoned PUD/R-1 (Planned Unit Development/One Family Residence) and is bounded on the north and west by R-1 zoned property containing single family homes; Willow Lane Park to the south; and PUD/C-1 (Planned Unit Development/Service-Office) zoned property to the east, which contains the Osseo School's Adult Basic Education program, along with CEAP/Northwest Family Service's offices and facility. In 2008, ISD 279 received a Special Use Permit Amendment approval to install a 26 space parking lot immediately south of the lower wing of the school building, with a single access point off Perry Avenue. The school later chose not to install this parking lot. In 2010, Osseo Schools, CEAP, Inc. (Community Emergency Assistance Program) and Hennepin County Human Services collaborated on a new 64,000 sf. building addition to ISD- 279's Adult Education Center next to Willow Lane School. This site plan also approved a 3- level parking garage, which would be shared by all service groups between these two properties. (See aerial map on following page for campus layout and parking structure). Willow Lane School - Site Plan PC 05/14/15 Page 1 As part of the approved site plan by the city, Osseo Schools was required to eliminate the two parking lot entrances off Perry Avenue, and reconstruct their parking as shown below. ( : lid 41 19 tii 111l I. []TT •1 - n Willow Lane School - Site Plan PC 05/14/15 Page 2 Osseo School officials approached city staff a few months ago, and stated the current parking layout is not effective in providing separate bus drop-off areas from the regular visitor and staff parking areas. Osseo School also raised concerns of CEAP clientele and NW Family/CEAP employees parking personal vehicles on the school's parking lot, instead of the parking ramp, and some school employees parking on Perry Avenue, which was not supposed to happen when the city approved this PUD plan for this shared area. This report will provide a brief analysis (both planning and engineering) on these proposed parking and site improvements, along with staff findings on this plan. + Scope of Improvements The reconstruction plan begins with the removal of the central area of the parking lot, and includes the removal of the basketball/play-court area located along the east side of the building. The new plan then calls for the replacement and installation of new bituminous over the entire parking area, with a new half-circle bus only turn around/drop off area to the west, with 12 parking spaces; the main parking area for visitors and handicap parking with 50 spaces; and the new 11 stall parking area to the east, which is reserved for the staff only. This private parking area will be guarded by a control ann gate with access rights to only ECE employees. Willow Lane School - Site Plan PC 05/14/15 Page 3 The bus drop area and visitor parking area will be separated by a concrete curbed walkway extension. The plan also provides for additional work for surrounding walkways. •• Access & Traffic The accesses into this main lot are left unchanged or call for any major improvement under this plan. According to ISD-279 officials, the site receives 10 small capacity buses throughout the day. The drop offs occur I the morning, lunch and afternoon hours. A limited number (20) of personal vehicles were observed using the parking throughout the day. It does not appear from staff discussion with Osseo Schools or their observations that this BCE Center experiences a high demand for parking spaces, but the higher number of 73 spaces will ensure coverage for occasional peak situations and for staff parking. :• Drainage & Utilities New storm water catch-basins will be installed near the southerly corner of the bus turn- around area, and connected to a separate basin on the opposite side near the handicap stalls. An additional (new) catch basin is identified at the northeast corner of the new staff only parking area. Plans call for keeping four other storm inlets throughout the site, with one in the main lot, two in the access drive/roadway leading to the parking area, and one in the old basketball/play court area, which will be re-used and reset as part of the new pavement installed for the staff parking lot. It appears that all drainage will be accommodated by these new and existing storm system controls, and no additional storm water management measures are needed. No other or new utilities are planned under this improvement project. The City Engineers have provided a comprehensive review memo related to these drainage and utility improvements, and we do not believe there are any comments or conditions that would preclude this parking lot improvement from proceeding. Willow Lane School - Site Plan PC 05/14/15 Page 4 + Landscaping The demolition plan calls for the removal of three trees inside the parking areas. There are no plans to replace these trees; however, staff is recommending ISD-279 identify the location of three new trees to be planted in or around this site. City planning staff will work with the school officials or their consultants in identifying these new planning areas. + Lighting There are no lights that will be removed or relocated under this plan. The current light located in the central area of the lot is scheduled to be protected, with new strip-out around the base/pole when the new lot is paved. RECOMMENDATION Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-002, a site plan to allow the reconstruction of an existing parking lot for a new bus turn-around and drop-off area, visitor parking and staff only parking lot for Willow Lane Early Childhood Education Center, subject to the following conditions: 1.The Applicant shall replant three (3) new trees to replace those being removed under this reconstruction plan. 2.All conditions noted in the City Engineer's Review Memorandum (dated 05/08/15) and all other subsequent or updated conditions and information required must be submitted and/or fulfilled to the approval and satisfaction of the City Engineer. 3. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. Willow Lane School - Site Plan PC 05/14/15 Page 5 MEMORANDUM DATE:May 08, 2015 TO:Tim Benetti, Planning and Zoning Specialist FROM:Andrew Hogg, Assistant City Engineer SUBJECT:Site Plan Review —Willow Lane School Public Works Department staff reviewed the following documents submitted for review on April 30, 2015, for the proposed Willow Lane School Parking Lot Improvements: Civil plans Site Plans dated April 23, 2015 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C2 - Demolition Plan 1.Work out agreement and coordinate with CEAP on removal of the pedestrian ramp. 2.Provide sidewalk/trail closed signage with advance signage for trail closures. C3 - Grading Plan 3. Provide accessible pedestrian ramp at accessible parking stalls. C4 - Erosion Control Plan 4. Provide and list a SWPPP inspector/manager with contact information that must be available within 4-his notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. 5.Provide disturbed area calculations. 6.Provide rock construction entrance. C5 -Details 7.Use MN/Dot standard details and plans for pedestrian curb ramps. 8.Use City of Brooklyn Center details for B612 concrete curb and gutter and catch basin details. Willow Lane Early Childhood Center Page 2 of 3 Site Plan Review Memo, May 08, 2015 Miscellaneous 9.See plans for additional redlines. 10.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 11.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 12.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 13.Applicant must apply for a land disturbance permit. 14.No construction or other related traffic or deliveries shall park, stand, stop or stage on the residential streets in any form or manner for any reason. Prior to issuance of a Land Alteration. 15.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 16.A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 17. During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $1,500 that the City can draw upon on a monthly basis. G:\EngineeringDevelopment & Planning\ACTIVE Development Projects\Willow Lane School\Plan Reviews & Applications\Prelirninasy Plan Reviews\l 50507 Plan Review Memodoc Willow Lane Early Childhood Center Page 3 of 3 Site Plan Review Memo, May 08, 2015 18.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A $2,500 deposit will be required as part of the non-compliance provision. Anticipated Permitting: 19.A City of Brooklyn Center land disturbance permit is required. 20.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 21.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 22. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. 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() 1 tN : 2015 PAVEMENT 1SD 279- OSSEO Larson C) Engineering, Inc. i REHABILITATION AREA SCHOOLS211200 93 dAVENUE NORTH 1 9200)651481 0 I 0 MAPLE GROVE, MN 55369 LI CL CD CD CD cn Cc lI ZT — 'F cy •) oB-0 - 0 0(C •' tCD CL I bb cn CDcn — T 1? __ • (n ,1T t I jI 1Ni ylliV 00 CD cJ 0 City Council Agenda Item No. lOa COUNCIL ITEM MEMORANDUM DATE: May 19, 2015 TO:Curt Boganey, City Manager FROM:Sharon Knutson, City Clerk Jvuk-K^ SUBJECT: Mayoral Appointment of Members to Serve on Planning Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Alejandro Koenig, 3601 Admiral Lane, and John MacMillan, 6417 Colfax Avenue North, to the Planning Commission with terms to expire December 31, 2015, and December 31, 2016, respectively. Background: The Planning Commission is composed of a chairperson and six members. There are two vacancies on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 since December 1, 2014. Announcement was made in the December 18, 2014, and March 26, 2015, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the May 15, 2015, update. Attached for City Council Members only are copies of the applications received: Alejandro Koenig 3601 Admiral Lane John MacMillan 6417 Colfax Avenue North The applicants were notified that their application for appointment would be considered at the May 26, 2015, City Council meeting. Mayor Willson recommends appointment of Alejandro Koenig and John MacMillan. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enh ances the quality of life and preserves the public trust City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members May 19, 2015 Neighborhoods Applicants Current Members Southeast Stephen Schonning Rochelle Sweeney John MacMillan Northeast Randall Christensen Northwest Alejandro Koenig West Central Benjamin Freedman Central Carlos Morgan Southwest City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: May 19, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Mfl 4md&I_ SUBJECT: Mayoral Appointment of Member to Serve on Northwest Hennepin Human Services Council Advisory Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Patti Koenig, 3601 Admiral Lane, to the Northwest Hennepin Human Services Council Advisory Commission with term to expire December 31, 2016. Background: The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two-year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. There is one vacancy on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 1, 2014. Announcement was made in the December 18, 2014, and March 26, 2015, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the May 15, 2015, update. Attached for City Council Members only are copies of the applications received: Patti Koenig 3601 Admiral Lane Deborah Wischow 5818 Emerson Avenue North Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The applicants were notified that their application for appointment would be considered at the May 26, 2015, City Council meeting. Mayor Willson recommends appointment of Patti Koenig. As previously requested by the included in the materials www.cityothrooklyncenter.org . City Council Reference Book. City Council, the City Advisory but can be found on The membership roster is also a' Commission Bylaws are not the City's website at vailable at this site and in the Budget Issues: There are no budget issues to consider. fI"Iission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Council Agenda Item No. lOc City Council Agenda Item No. lOc #1 COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jjvw*"A^- SUBJECT: Type IV 6-Month Provisional Rental License for 5025 Drew Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5025 Drew Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on ten (10) 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: 02-02-2015 The Owner, Ryan Partner's LLC, applied for renewal of the rental dwelling license for 5025 Drew Ave N, a single family dwelling. 03-05-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 04-08-2015 A second rental inspection was conducted and passed. 04-22-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-22-2015 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 all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-13-2015 A Mitigation Plan was submitted. 05-14-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld May 26, 2015. If approved, after six months, a new rental license is required. The license process will begin within four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council - disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of po1ic and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM • At least 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. F(Bas ed de and Nuisance Violations Criteria gory Number of Units Property Code Violations per operty Inspected Unit Code Only) Type l-3 Year 1-2 units 0-1 3± units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more Ihan 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV Months 1units 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 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 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 (lie public trust BVILIMNG AND C0MMUNI1YZ STANDARDSXl tyof OKLYN Rental License Mitigation PlanNTER Type IV License Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at wwwcityoThrook1yncenterorg or cal! (763) 69-3330 to have an electronic copy sent to you via email. Property AddreSs",5025 Drew Avenue NorthBrooklyn Center, Mt'Z 5542 Owner's Names): Ryan Parthes LW (Ryan Solimidt) Local Agent(s): P0 Bwc 211 South St Paul, MN $075 Owner's Address: Same as above. Agent's Address Qvdli e es Phone: '(320)492-9350 Agents Phone: Owner's Email:. rrentmpcom Agenls Email: Current Expiration Date: j t Pending Expiration Date: I c IFS (Sbc months fram airrent exoraltoo Based on property conditions andIor validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Pilor to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should Indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan aUQWS the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted and all items are not completed within the pending license period, or the above property operates beyond the license expiration dale, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out sections A, B, and C located on pages 2,3,4, and & Page 1/6 T,çe W Rea!rcns t!.ation F1a4 Rev 444-15 City ofrcok1yn Center—Euild1ii aid CDmmiifty St4nta 1)eptaent wvnvcityothrool'iyncenter ar 6301 ShingI cfeekPwkway, Brooklyn Cntr. MN 5540-215e I Phone, 763l e6-33so I TTY,.711 I Fc t75 EIJILTMNG AND CQMMUIWFY STANDARDSW City of -BRooxa1y 5025 Drew Avenue WoTh CENTER Brooklyn Cenm MN 55420 Rental License Mitigation Plan Type IV License Sections A—Crime Free Housing Program Requirements Phase I [j 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation PJn when submitted. 2) Agree to pursue the termination or lease agreement or eviction of tenants who violatethe terms of the lease or any addendurns. [ 3) Conduct criminal background check for all new prospective tenants. If it is a currant tenant a new background check is not required. Must be able to provide documentationto City if requested. 4 Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.nlncpa,net under the Training and Events tab.A copy of the Crime Free Housing Certificate must be attached to the MitigationPlan when submitted. Crime Free Mousing training was completed anile scheduied bc Owner or agent attended/is planning to attend training at city ofjJ 5) Submit Monthly Update by the Wth day of each month. Phase II 1) Complete a Security Assessnient and implement improvements requested by theBrooklyn Center Police flepal-lrnenL To schedule an initial or follow-up Security Assessment, call (763) 5694344. A follow-up assessment must be completedbefore the license expiration date to verify the security improvements have beenimplemented. If a Security Assessment has been previously completed, write thecompletion date. -7Security Assessment was completed on/is scheduled fon ) Z'j 21) 1 Security Assessment folbw-up was completed on/is scheduled for:44 iL Continue Sections A, Phase HI on page 3. Pge 2/ - TWe IVReta1Ucne M UITwPlar?, iov. 444-15City of Brooklyn C ter—t!!rJing and C0uauin1f7 StaLud,axds pame Wwwdlyo1rQoklri&r0301 SMngfe Croek Parkway, 5rokiyn Center, MN 5430-210 Phon C76 53-333O 1 TTY, 711 I Fax: (763) 5504360 BUILDING AND COMMUNITY STANDARDSCttyrf BROOKLYN Rental License Mltlgaton Plan V Sroowyn Center, MN 5-5429 Type IV License Sections A—Crrne Free Housing Progrm Requirements (continued) Phase Ill f7J 1 Owner or agent will attend at minimum 50% 2) of the ARM. meetings. The AR.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration Is not required, however you must sign-In durtng the meeting. Write two meting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: 5114115 and7/9115J] 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. J 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings. Type fVaIaJ LkenseWgipaWn ?lu, Rev. 4-?445 City of BrOuRlynCeiiter— ig and Comxnuziijy Stan4axd ]D.-partinellk .ww.cbookliccnerorg63O Shfrigle Cnek Parkway, PrOoldyn Center, MN 54302199 1 Phone; (763) 6&-333O I 71Y,711 Fa (763) 9-336O BUILDING AND COMMtJNZIJY STANDARDSCftyf i Roo'LyN 5O25 Drew Avenue North CENTER 13 TOOklYri Center, MN 55420 Rental License Mitigation PlanL Type IV License S e ctio n 's B--Lollg Tern: Capita! Improvement Plan Based on condition and age, estimated repla cement dates need to be provided for common capitalitems. Funding should be considered accordingly. items that are broken, worn, or otherwise Inviolation prior to the estimate d replacement date need to be replaced sooner. All items must have adate for Estimated Replacement Date. Dates such as: 'unsure "don't know", or 'when ,broken" will not be accepted. If you are unsure of when an item wfll need to be 'replaced, you canmake a prediction based on the age, appearance, condition, or manufacture/industryreQommenclations. Additional information on Expected Useful Life can be found at wwJiud,gov. Item EiàiripIe: Water Heater Furnace Water Heater Kitchen Appliances Laundry Applianc es Smoke Ala misf Carbon Mon oxide Alarms 2011 Exterfqr Items Paint/Siding Win do ws Roof Fence Shed Garage Driveway Sidewalks Other:_, - Conthtlona Expected Replacement Date F May 2020 G 2041 C 2021 2031 a 2019 0 2035 C 2030 a 2036 F 2023 (3 2070 C 2025 Date Last Replaced Maj, 201O 201'? 2011 2011 not Induded 2010 2010 2011 2008 not Indued 2010 2010 &CoOdtUOfl Abhrevtjon New--N FairF ecf PB-Q0 4A3 Type plan,Rev. 4-1415City of Br o oklyn Cent-.1^—Bui lding and Coxnuntiy Stan diuds Depaxtment -6301 ShFrie Creek P&kwe Brncllyri Qerter, MN 5545)-2i0 I Phoriv,(763)$63.3330 I TTY; 711 1 Max (763) 5893360 Ct BUILDING AND COMMimU!Y STANDARDSty o ROOifUJYN r5O2 DrewAveriue Nonh CENTER rooIdyn Center, MN 55425 Rental License Mitigation PlanL. Type IV License Sections C—Steps to Improve Management and CohdItJons of Property The items in this section have been proven to assist with property management arid property image. The following actions are required:2J 1) Check-in with tenants every 0days. [} 2) Drive by property to check for possible code violations. 3) Evict tenants in violation of the lease or any addendums. IZ 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial clainis!payrnents due to the City. 5) Other:_3 f LAm O.'J -r The following actions are optional unless required by the City. [] 1) Provide Iawrilsnow service. 2) Provide garbage service. D 3) Install Security system, L1 4) Provide maintenance service plan for appliances, Name of service company,-0 5) OWen If the Type IV-6 Month Rental License is approved by the City Council, the licensee must oornpty with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10 th day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A tillable form can be found on the Ciiys wbsite at wwwcityofbrooklyncenter. org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional Information if necessary. poge -W Type IV Re ntalL4eflse MIWUan !Z Rev. 4-14-15 {hky of 1;cwk1yn Center— Buildi and Communfty ftand azdr. Depaxtment wwIv c'tyobroo1ciyncenterr6301 Shinte Creek Por"_ y, ercickIyn Cener, MN 55430-2199 I Piian: (703) 553-3330 TTY: 711 l Fax (793)559-3390 -011y o f BUILDING AND COMMM M STANDARDS ±RYN Rent-tiLleense Mitigation Plan TypolYLkense Won and Vcrtry vcrfy rhat ifl 14011ii pto vided Is lm6 an d acietmato . I utirr1cj thit W Ido no4 cmpIy wTh the2pp:ed Mitk.ati Mn. cn1pj s1th Jl Ur4 Mfltn Ih Hcerz* podo.f, or vpert beyond thoLcn dak, 8C0n such as jr1liftits , 1maI urtntg, or tón ;ov}awm/rsu1I. Riri &l,jj i1 ?7 ro-rpm ,40,,f ,ftzi;. crA Ats*,. i4 Th (p P,'*:t* Pi(j oAo (V) ('Ry SWI CLy LiL..P..& f'i)ffff?L: (c i vi 'V '.'1 •n.' u' -57^1 1--- , no Tj t/l IL &V '144-, - -City Otc4)yt CønQr—Th,jt49 aLd t4'o, I Flwn f7r,3j 11Y 1H City Council Agenda Item No. lOc #2 COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3818 61st 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 3818 61 " 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 February 10, 2015, 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. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public (rust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 03-13-2015 The owner, Sherman Yin Feng Kho, applied for renewal of the rental dwelling license for 3818 61" Ave N, a single family dwelling. 03-24-2015 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. 03-31-2015 The previous Type IV Rental License expired. 04-01-2015 The property was posted as unlicensed. 04-16-2015 A second inspection was conducted and passed. 04-21-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 04-22-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-22-2015 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. 05-06-2015 A Mitigation Plan was submitted. 05-13-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015. Prior Type IV Rental License approval activities: 08-25-2014 The Owner, Sherman Yih Feng Kho, applied for renewal of the rental dwelling license for 3818 61st Ave N, a single family dwelling. 09-19-2014 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 09-30-2014 The previous rental license expired. 10-24-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-31-2014 A third inspection was conducted and property code violations were corrected and the $100 reinspection fee was paid. 10-31-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 11-19-2014 A letter W as sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-22-2015 A Mitigation Plan was submitted. 01-26-2015 The Mitigation Plan was finalized. 02-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 09, 2015. 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 If approved, after six months, a new rental license is required. The license process will begin in approximately one month. 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2 Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v Type 1-3 Year 11-2 units 10-1 Type 11-2 Year 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 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). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories '34 ,u Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3818 6ls Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3818 61t AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3818 61st Ave N, was issued a Type IV Rental License on February 10, 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 3818 61st Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3818 61st Ave N, Brooklyn Center, IvlIN. May 26, 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 Citv of Brooklyn Center €301 Shingle Creek Parkay Brooklyn center, MN 55430-21 Phane., 763-569-300 TrY 712 Fox: 763-569-3360 tyofbrookijllwer1 ter. orr Rental License Mitigation Plan—Type IV Rental License Han hvtIirp&'inr will not be accepted. Please type or risefllhthkforin or City wdisite. S.- Based on property conditions and/o r validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Bctbre your license application ein be considered by the City CouneiI a Mitigation Plan must be completed and reviewed by city staff. A fully completed Mitigatiou Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to itre ongçing comtjjnce with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possiblc solutions to fniprove the overall conditions and management of the property. NOTICE: Time s Running Our—You rnustTAICE ACTION NOW iii order to meet all the city ordinance and Mitigation Plan requirements within this pending license period and avoid legal actio. ubanit the fllowingdoeuments with the Mitigation Plan for approval: 1. Crime Pre Housing Program Training Certificate (ifconipleted if not completed, please include ----- scheduled date in Section C. !Jl 2. Copy ofLease iftchiding Minnesota Crime Free flousing Lease Addendum 3. Stthniit written report by 10'74 each month (after license approval). J 1. Use written lease including Crime Free Housing Lease Addendum. L ' 2 Conduct criminal backreund cheek for all prospective lenants, Provide documentation to City if -- requested.I 3. Pursue the eviction of tenants who violate the terms of the lease or any addc-ndums Page 1 Type IV Mitigation Plan Rev 1116-11 4. Attend City approved eight hour Crime ree Housing co Date course Completed: 2010 or Date Course Scheduled: Phase 11[7j Complete Sócurity Assessment and iniplernent all aeurfty improveinenta recommendd by the E1rok!yn Center Police Department. "Zirl L'^J /4 Date Schth1ed: 0113012015 IMPrOvcMellts to he completed by Phase III [] I will attend a mi nimum of 50% of the ARM meetings (Iwo).I will attend the ARM meetings scheduled for MA201 & Do these two meeting dates occur before tile *PePldi,ig 7e IVLke expiration date? Yes [1('See Section 4) if no you will only be able tqua1ify for a Type lv Rental License upon renewal.L J I will have no repeat code violations previously docuniei ted within the past year. For prop ,1ies with fbr,r ov mare rniL': LJI Twill conduct resident training annually that 1neluds crime Pre vention techniques., J will hold regular resident meetings. jjasei oji coruiption and age, estimated replacement dates arc pi'ovided for minon capital items. Fundingshould be considered accordingly IJowever, items broken, worn or otherwise in violation prior to the estimatedenit date will require earlier corrections Fnrnace/AC. Water Heater- Kitchri Anoii -Paint/Siding, faseja, tijn144Viiidowa1955 -J '.00 -Driveway *55 -Sidewalks Alarms Date Last Replaced Estimated plaitDt 2000 2030 0 2030- 0 13 203D 20W 2039 NA 2020 -:Imp le nienflng the following best practices may assist in the management of ycair property.B; ell eckh79ihe boxes beJon, you agree to: 1.Checicjn with tenants every 30 days. 2.Drive by property to cheek for violations twice a aionth, Page 2 Type IVMFUation Plan Rev 11-16-11 ** to4 IAO unth cm kiss W.* Wt*MMU. AOW PMWO Wd Cc t1 dsMm 440 k * C* rk., n' tM. f(cTypo IV Pz*W U* is swvvt4 by Us city Cixil, * two C')' $* e aççm4 Mii08 P1ar NO t dty tc* No law Om IM 10b of "a oWsr im* th h th. Iktg .4 Cvammoy $*4ud Dç*z * wam rp1 deEibe4 ma sep* t&k* t () milh tht Mo I wtft tbM *0 wwmoift PWMC4 sb)s 6 tm NA Lw. I U06muo *si I f I 6 sw çiovc4 MItptoa r%mv, com$y wA 0 oppUrAk e* th* p*4 oc qqw*beyoM sM tkc aotf MWA sctSoni VA.% Os dto*i krma4 COMFUlm of !1cm rew tna wuk Kathleen Tiedke / Property Manager ! F - Pop 3 VM**s P%i ftv IIU-fl City Council Agenda Item No. lOc #3 [I]BJhIJ I V N Dk'A U I Dk'A 0] 1I WJ I DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lkat^ vom—A51"t SUBJECT: Type IV 6-Month Provisional Rental License for 1601 67 th La 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 1601 67 th 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 a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on October 14, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on eighteen (18) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive COnhinhinity tlI(lt enhances the quality of ilfe for all people and preserves the public trust iEI1UJ I i k"A IYA I WA [I) 1I I1IJYkI Current rental license approval activities: 12-16-2014 The owner, Ryan Felien, applied for renewal of the rental dwelling license for 160167 th La N, a single family dwelling. 12-17-2014 The property was posted as unlicensed. 12-31-2014 The previous Type IV Rental License expired. 02-04-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-06-2015 A $300 Administrative Citation was issued for renting without a license. 02-26-2015 An initial rental license inspection was conducted. Eighteen property code violations were cited, see attached rental criteria. 03-30-2015 A second inspection was conducted and passed. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 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. 04-27-2015 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. 05-14-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015. Previous Type IV Rental License approval activities: 09-02-2014 The owner, Ryan Felien, applied for renewal of the rental dwelling license for 1601 67th Lane North, a single family dwelling. He was advised that the property would only qualify for a Type IV Rental License. 09-09-2014 An initial rental inspection was conducted. Two property code violations were cited, see attached rental criteria. 09-22-2014 A second inspection was conducted and failed. 09-23-2014 A follow up inspection was conducted and passed. 10-02-2014 A Mitigation Plan was submitted. 10-06-2014 The Mitigation Plan was finalized. 10-07-2014 The owner was notified by telephone that the hearing before the Council will be held October 13, 2014. Previous Type IV Rental License approval activities: 12-31-2013 The previous rental license expired. 01-15-2014 The property was posted as an unlicensed rental property 02-05-2014 The Owner, Ryan Felien, applied for a renewal rental dwelling license for 1601 67th Lane N, a single-family residential property. 02-25-2014 An initial rental inspection was conducted. (Four property code violations were cited, see attached rental criteria) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves the public trust COUNCIL ITEM MEMORANDUM 03-26-2014 A follow-up inspection was conducted and passed. 04-02-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-04-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-09-2014 A $125 Administration Fine was issued for not meeting plan requirements. 06-25-2014 A Mitigation Plan was submitted. 06-30-2014 The Mitigation Plan.was finalized. 06-30-2014 The rental license expired. 10-07-2014 The owner was notified by telephone that the hearing before the Council will be held October 13, 2014. Previous Type IV Rental License approval activities: 09-28-2012 The Owner, Ryan Felien, applied for an initial rental dwelling license for 160167th Ln N, a single-family residential property. 10-23-2012 An initial rental inspection was scheduled. The tenant refused to allow the inspector access to the property. 01-23-2013 The inspector contacted the owner, Ryan Felien, by phone regarding scheduling a rental inspection. 01-31-2013 An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) 03-01-2013 The owner, Ryan Felien, called to reschedule the reinspection since he was evicting the tenants. 03-15-2013 A second rental inspection was conducted and passed. 04-01-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-25-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-08-2013 A Mitigation Plan was submitted. 05-23-2013 The Mitigation Plan was finalized. 05-31-2013 The property was posted as unlicensed because city utilities were delinquent. 06-10-2013 The delinquent utilities were paid and the posting was removed. 06-13-2013 A letter was sent to the owner notifying that the hearing before the Council will be held June 24, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the Mission: Ensuring IIZ (ltW(lClive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1tk[SI I fl V V Ik'A U I DIk'4 [I) t1IhI WJd1 initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12-• 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust [iLS1IJ[S1 I U N N MhYA U I 31k'A (0) 1I WJ I 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 111(11 enhances the quality of life for al/people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 Number of Units [ES1IJ[iI I U U I 3k"4 Uh'A I k"4 (1) 1I )1IJi Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I —3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 -but - not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category No Category Impact Decrease 1 Category Decrease 2 Categories 3-4 units Greater than 1 5 or more units JGreater than 0.50 Iktissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI]JJ(IJ I U U I Dk'4 UhYA I I4 [I) 11I IiIi'AI Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1601 67th La Mission: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of life for al/people and preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1601 67TH LAN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1601 67 t"La 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 1601 67th 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 a TYPE IV Rental License is hereby approved for the property at 1601 67" La N, Brooklyn Center, MN. May 26, 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. BUWDING AND COMMUNM ST14NDAEDSCity of BEOOKLYN Rental License Mitigation PlanCENTER Type IV License Handwritten Mitigation Plans will not be accepted. A tillable Form can be found on the City's webslte at wv1wityofbrooklyncenterorg or call (763) 5693330 to have an electronic copy sent to you \ila email. Property Address: 1601 67th Lana t'JorthBrooklyn Center MN 55403 Owners Name(s): Ryon Foien Own er% Address: 808Vdqq5A1jenue.Apt GB Brooklyn, NY 11211 Owner's Phone: (76) 670-275 Owners Email: n@ucon Current Expiration Date: Local Agent(s): Bob Felhn Agents Address; 712 Idaho Lane Brooklyn Park, MN 5544 Agents Phone: (763) 670258 Agent's Email: Pending Expiration Date: LQJ7ojZrQr IiL (SIK mom from tarranttin Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental Lkense. Prior to application approval by the City Council a fully completed Mft[gstion Plan m u st be completed and approved by City staff. A Mitigation Plan must be completed Immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified ViOlations and the measures that will be taken to ensure ongoing compliance viAth City Ordinances and appUoable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property. if the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration data, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, filFout Sections A, B, and C located on pages 2 3,4, and S. Pa ge 116 Type WefMLfrrre MWgror P1qh, Rev. 44445 City DfBro aRlyn Center—Building and CornmrnIty Standards Dent Imrooklyncenter.nrg 6301 Sh1rigI Greek Parkway BmcIyn Center. MN 55430.21e9 1 Phune: (7e)se433 1 flY: 711 I Px:763)693360 BUILDING AND COMMUNITY STANDARDS TtyofOKLYN I 1Oi 6Th Lena North CEN'TER frookIyn Center. M4 Rental License Mitigation PlanSW3 - TypetVLicense Sections A—crime Free Housing Program Requirements Phase I 1) Use a written lease agreement The lease agreement shall inclu d e the Crime Free H o using Lease Addendum, A copy of the lease agreement and Crime Free Housin g Lease Ardendcjm must be attached to the Mi ti gation Plan when submitted. J 2) Agree to pursue the termit-tatiori or lease agreement or eviction of tenants who violate the terms of the Tease or any addendurns ) Conduct criminal background ohek for all new prospective tenants. if II is a current tenant a new background check is n o t required. Must be able to provide documentation to City it requested. EJ 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be build atwwwmncpa.riet under the Training and Events tab. A copy of the Crime Free Housing Cerlificate must be attached to the Mitigation Plan when submitted . Crime Free Housing training was completed ons scheduled i, - ^l Owner or agent attended/is planning to attend training at city of: 5) Submit Monthly Update by the 1Oh1 day of each rronth. Phase U {} 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Deparfrnent To schedule an initial or follow-up Security Assessment, cell (763) 5693344. A follow.up assessment must be completed before the license expiration date to verify the s ec u rity improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed onus scheduled for: JDJO Security Assessment follow -Lip was completad on/is scheduled for: Continue Secti ons A, Phase Ill on page 3 Fi 2/6 Type IV!!& Lice nse MrUaNOn n, Rw. 4-14-15 City aj Bro n klyn Vnnter—Du l ldimg wid Cmmuiity anrd Dattitnt NCitOfbrDQ4yflr4Or.Q 6301 Shngla Cr e ek, Pa rkwa y, erir! Crtr. 11N 43219 1 PJ -iona: (76) 5333J I liT; 711 1 Fax: (73) 569-O BUILDING AND COMMUNITY STANDARDSCity *fDT3 f 1TZ? *hr 160167[h Ln ?'oruiJIJL Brooklyn center, M1 - Rental License Mitigation Pian Type IV Lice-rise Sections A—CrIme Free Hotsing Program Requirements (continued) Phase III j 1) Owner or agent will attend at minimum O% (2) of the A.R .M. meetings. The A.R.M meeti ngs must be completed within the rental license period and before the pending Type LV Ucene expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend.JTLI O -flOwner or agent will attend A.R .M. meetings scheduled on: 1flTi^/ T andi4jI 2) Have no repeat code violations previously documented with the past year, The following actions are required for properties with four (4) or more units. YJ 1) Conduct resident training annually that includes crime prevention techniques. J 2) Conduct regular resident ?Teetings. Page 3,13 7e /V RnE& Uc-nse MII.g31On FJTI, Pv. 4-14-15 city of Brookl yn Center-Buildingaml C o mmun ity Standards Dptntf - - O1 Zdhin qte CreeY, Prkway, Broe1i Center, MM 54313-2199 1 Fhere: (73)-Q I 1T(; 711 I F8x: (7B) 5 -26U Example; Waterfleafer tiay 2010 Furnace May 2005 Water Heater May 2005 Kitchen Appliances May 2005 Laundry Appliances May 2005 Smoke Alarms/ Carbon Monoxide Alarms April 2015 Exterior Items Paint/Siding M ay 2005 May 2-005 Roof %I ay Fence M a y 20 Shed May 200 Garage My 2005 Driveway May Sidevialks May 2005 Othen ConcJitin Abbreviations:New'4 F My 2020 -May2020 - May 2020 •May 2020 May 2D ,20 Nj October 2015 - May 2020 May 2020 May 2020 M2y 2020 May 2020 May 2020 May 2020 May 2020 Fr Needs Replacement;--R BUILDING AND COMMUNITY STANDARDS r]3RCty ofQTZT YN 101 67th Lane NoriftBrooklyn Center MN Renta License Mitigation Plan - Type IV License Sections B—Long Term Cap!f1 Improvement Plan Basad on corkdtt[on and age, estknated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otheiwie in violation prior to the estimated replacement date need to be replaced sooner. All items rntist have a date for Efirnated Replacement Die. Oaths such as: unsure" "don't know or "when b ro ken ! will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based an the age, appearance, condifion, or nianufactur&induslry reconimendatioris. Additional information on Expected Useful Life can be found at www.hudgov. Item Date Last Replaced Condition* Expected Replacement Date Page 4.16 Type Renlia 0TiO/ Fr?, Re', 4-44'4 City of x11yx Center—Building nd Community Staudayds Daaxtzunt e301 5hinEe Cieeic Prkwy, rrxikLyfi CMer, MN 4O-2l9 I Phone; [753) 5'3.3330 TTY 711 I : (7) 9-330) BUILDING AND COMMUNITY STANDARDSWCiiyif'ROOKY1 1601 67th Uric Nith CENTER BIOU1dyi Center, MN Rental license Mitigation Plan Type IV License Sections a—Stops to Improve Mnginent and Conditions of Property The ftems In this section have been proven to assist with property management and property image. The following actions are required: [j 1) Check-in withtenants every 30-days. J2)Drive by property to check for possible code violations, J3)Evict tenants in violation of the tease or any addendums. 4) Remain current on all utility fees, taxes, assessments, fines, penalties and other financial clairnslpayments due to the City. J 5) Other: The following actions are optional unless required by the City. [] 1) Provide lawn/snow service. 2) Provide garbage service. J 3) Install security system. 4) Provide maintenance service plan for apphances. Name of erv[ce comperiy: [I] 5) Other - If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10th day of each month with WI update of actions befing taken by the owner andlor agent to comply with this Mitigation Pin. A copy of The Monthly Update can be found on page 7. A tillable form can be found on the Citys website at v ltyofbrooktyricenterorg or call 76) 55-3330 to have an eTecfroni copy sent to you via email. Please attach additional i nformation if necessary. Type iVR! Ln A-Rigadoo Plan, Rev. 444-15 City of BrkIyn Cent 3iild1ti9and COfliwdty Standards Department 6301 Shhik Creek Prky, Broakl/n Crte, MI 43-i GG I Phn: (76-3)56 1—S',1130 I TTY: 711 1 F: 763) 5693360 BUILDING AND COMMUNITY STANDARDS WC1tyofROOKLYN Rental License Mitigation Plan Type IV Ltcense Sign and Verily verify that all information provided is true and accurate. I understand That if I do not comply with the approved Mitigation Plan, comply with a ll items within the license period, or operate beyond the license expiration date s enforcement actions such as ci tations, formal complaints, or license review may result. Ry2n Fin Ownar crAgoRt Name and Title(Please Prin!j Ktiit"j nFRyan Feiren rDi 14:i21CT Owner rAgent Sku ddllon! OwneforAqont Name arid Til1e IApplicable, Pie Print) Additional Owner QrAgnnt SnWre (([Applicable) CJLy Staff Only yñe E l 'f^; 1/sc Police Dep artmant Date 5/13/2015 Die Dale V , Page 6/6 - Type 1V Rental Lice nse Ml.p t;w Fn. Rev 4-1445 City of Br11yn Cent ildiug Crnixum1ty St andaAs 11epitcit wwitbrkyncenteror 30T Shrie Creck Parky, ErkIyn Gerier, MN 5430-219 1 Phna (73)E$a-333O I TTY 711 1 Fax; 763) 5-360 City Council Agenda Item No. lOc #4 [EI1lJ[J I fl W Jk'4 UhYA I MA (I) 1I PlPJh'A I DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk " iAiirM . SUBJECT: Type IV 6-Month Provisional Rental License for 5444 Dupont 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 5444 Dupont 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 renewal of two rental licenses. This is a single family property. The property would qualify for a Type I Rental License based on one (1) 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 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust nsjcii I a • i a to ii asii Current Type IV Rental License approval activities (Valid 02/01/2015 to 07/31/2015): 03-05-2015 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 03-30-2015 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 04-28-2015 A second inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 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. 05-01-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015 Current Type IV Rental License approval activities (Valid 08/01/2014 to 01/31/201 5I 09-11-2014 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 10-02-2014 An initial rental license inspection was conducted. Twenty four property code violations were cited, see attached rental criteria. 11-14-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-17-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property 01-21-2015 A $300 Administrative Citation was issued for renting without a license based on the 07/31/2014. 01-31-2015 The previous Type IV Rental License expired. 02-03-2015 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-17-2015 A fifth inspection was conducted and failed. 03-05-2015 The $300 in reinspection fees was paid. 03-18-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 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. 04-09-2015 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. 05-01-2015 A Mitigation Plan was submitted. -- Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the qualltj' of life for all people and preserves the public trust [I[I1IJ[IJ I fl I MYA It'A I DIY1 Li] 11I I1IJA I 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015 Prior Type IV Rental License approval activities: 05-17-2013 The Owner, Willie Young, applied for an initial rental dwelling license for 5444 Dupont Ave N, a single-family residential property. 06-10-2013 An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) 08-15-2013 A follow up inspection was conducted and failed. 11-04-2013 A follow-up inspection was conducted and passed. 11-06-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-18-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-30-2013 The property was posted as unlicensed. 01-09-2014 A Mitigation Plan was submitted. 01-17-2014 The Mitigation Plan was finalized. 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. If approved, after six months, a new rental license is required. The license process will begin 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, sqfe, inclusive community that enhances the quality of life for all 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for all people andpreserves the public trust EIBJ(SJ I fl I I MY4 Ih'A I 1k"A (1) tUI WJA I 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 Onlv Type I - 3 Year Type 11-2 Year Type III - 1 Year 0-1 Greater than 1 but not more than 4 Greater than 4 but not more than 8 Type IV —6 Months 1-2 units 3+ 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. ]I1!ssioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S1$J[iJ I i N Dk' L!'4 I DIhY4 0] 1I I1IJJ 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). Number of Units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 0-0.35 Greater than 1 Greater than 0.35 Greater than 3 Greater than 1 Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan- Resolution Approving Two Type IV Rental Licenses for 5444 Dupont Ave N _ Mission: Ensuring an attractive, clean, safe, inclusive community that eiiliwices the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5444 Dupont Ave N, was issued a Type IV Rental License on January 28, 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 5444 Dupont Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements, turn in monthly updates, and/or other requirements. 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 5444 Dupont Ave N, Brooklyn Center, MN. May 26, 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. ty of BROOKLYN CENTER Ij p) p!1fYiId t1jpI iJ',t 1 Rental License Mitigation Plan Type IV License Handwritten Mitigation Plans will not be aec website at wwwcityofbrookFyncenterorg or call you via email. to 4r I -found on the City's pçronic copy sent to Property Address: 5444 Dupont Ave N Brooklyn Center, MN 55430 Owner's Name(s): Willie Young Local Agent(s): Renter's Warehouse Owner's Address: 4309 Edinbrook Terrace North Brooklyn Park, MN 55443 Owner's Phone; 12) 2$70084 Owner's Email: wll1eyoung1 @msnconi Agent's Address: 6101 Baker RdMntha, MN 55345 Agent's Phone: (952) 2249912 Agent's Email: RentersWarehousecom Current Expiration Date: I Pending Expiration Date: /3 /)fyr (Six monthr, from currentCurrent License Exp. 07/31/2014 Fending License Exp. 07/31/2015 vss Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Han must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review conôerns and identify possible solutions to improve overall conditions of the property. if the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4 and 5 Page 11 Type /VRent1 Le#e Mitfgetion Ptn, Rev. 4-14-15 City of Brooklyn CeteBi1ding and Community Standard-s Depattment wityoWrooktyncenIer.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 540219 1 Phone: (763) 563-3330 1 TTY: 711 1 Fax: 763j 569-350 BUILDING AND COMMUNITY STANDARDSwr- rityof 5444 Dupont Ave NBROOKLYN CENTER Brooklyn Center, MN 55430 Rental License Mitigation Plan Type LV License Sections A—crime Frie Housing Progra m Requirements Phase I L?i 1) Use a written tease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. LIn 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendurns. 3) conduct criminal background check for all new prospective tenants, If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. J 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Pin when submitted. Crime Free Housing training was completed onlis scheduled for: Owner or agent attendeWis planning to attend training at city of: 5) Submit Monthly Update by the 10th day of each month. Phase II 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verily the security improvemenis have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed onus scheduled for: I ii 11 U I'flsSecurity Assessment follow-up was completed on/is scheduled for: -q - Continue Sections A, Phase HI on page 3 - - Page V5 Type IV Re-ntal Liconso Mltjgajian Plan, Re', 4444 City of rookIy Center—Building and Community Standards Departmeid. ci1yornqlyncenerot0 0301 Shlne Creek Prkway, Do]cy1I Center, MN 654302219 Phor: (7S3)5B353O I TTY: 711 I Fax:(763) 6935&D Sections A-Cifrne Free Housing Program Requirements continuad Phase-III 1)Owner or agent will attend at minimum 50% (2) of the A.R.M.nieeUngs The A.R.M. meetings must be completed within the rental licensc, period and before the pending Type IV License expiration date. Registration is not required however you must sigmin during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetngsscheduled on: U 1i and4l ! 2)Have no repeat code violations previously documented with the St year. The following actions are required for properties with four (4) or more unit El -1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings Page 316 Type IVRemaI License Mga$ion 0n, Rev. 4-14-15 City of Book1yn Center-Building and CQmtufltty Stataxds Department www.cityothrooldyncenter.Org 6301 Shin1e Creek Parkway, Brooklyn Cent, MN 0430-2190 1 Phone: (753) 3- I TTY -.711 I Fax: (76) 560-360 BUILDING AND COMMUNITY STANDARDS IrBROOLYN ty of Brooklyn Center, MN 55430 Rental License Mitigation Plan Type IV License Sections B—Long Term Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Date. Dates such as: "unsure,"don't know", or 'when broken will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacturefindustry recommendations. Additionat information on Expected Useful Life can be found at www.hud.gov , Item Date Last Replaced Condition*Expected Replacement Date Example: Water I-/eater May 2010 F May 2020 Furnace October 2014 N October 202 Water Heater 2008 2025 Kitchen Appliances range 2008; fridge 1 00 (3 stove 202 fridge 1 1' Laundry Appliances summor °(3 2020 Smoke Alarms! Carbon Monoxide Alarms Spring 2012 (3 Spring 2017 Exterior items Paint/Siding Paint on Trim '12 (3 surnmer2017 Windows (3 2020 Roof Spring 2012 (3 Sping2O32 Fence F 2030 Shed N/A G Doors Fall 11 15 Garage Roof 2012, Door 12 Spring 2032 Driveway F Reseal 2016 Sidewalks Other: Condition Abbreviations: c3ood=G Fair--F Needs RplaementR Page 415 Typo ft' Rewital Uerse Mlligsllôn Man, Rev. 44445 City Of Brooklyn CenIe—thilkHng and Co uriftV Stm- dards Department vcItyotthokIyncenterprq 6301 Shingle Creek Parkway, BrQozlyn Center, MN 430-219 1 Phone: (76) 5-330 1 TTY: 711 1 Far- (76) 559-330 BUILDING AND COMMUNITY STANDARDS city of BROOKLYNI Brooklyn 13RC t1MN 55430 Rental License Mitigation PlanENTERType IV License Sections —Steps to Improve Management and Conditions of Properly The items in this section have been proven to assist with property management and property image. The following actions are required: 1)Checkin with tenants every SO-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendums. j 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. El 5) Other: The following actions are optional unless required by the City. LII 1) Provide lawn/snow service. [1] 2) Provide garbage service. ) Install security system. 4)Provide maintenance service plan for appliances Name of service company: CenterPointe Horns Service Plus - El 5) Other: If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 101h day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plane A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at wvAveityothrooklyncer1ter.or or call (763) 5693330 to have an electronic copy sent to you via email. Please attach additional information if necessary. P8ge 515 Type IV Ren tal License MWgiicti man. Rev. 4-1445 City f 13k1yn 0 ter-1th id Comraurtity Standards Department wA'IcRyofbroOk1yncenter0rg 6301 ShingI Creek Parkway, Brooklyn Center, MN 55430-2190 I Ptore: (703) 63-3330 I TTY: 7 I I F; (763) 569-3300 BUILDING AND COMMUNITY STANDARDSCity of BROOKLYN 5444 Di'pint Ave N CENTER Brooklyn Center, MN 55430 Rental License Mitigation Plan Type N License Sign and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the lice- ns expiration date, enforcement actions such as citations, formal complaints, or license review may result. Willie Young Owner orA gef iame and Title(Please Pthfl 4/30/2015 Owner o *ant Snatur Date Additional Owner orAgent Name and TWa ifApp1icab1e F/e.e P,1) Additional Owner QrAynt Signature (if Applicable) Date City Staff Only Police Departtnent J and r/ty Standards Date' - Data Page 6/5 Te IVRe.nta! Ucense Mit!aIkr Ftd Rev. 44445 City of Brooklyn Center—Building and Cnmunity s tandaras Department 'cityofbreoklyflcenterMr 6301 Shingle Creek Parkway, Brooklyn Center, MN 554O-2I9 I Phone; (73 3333O I TTY: 711 I Fax: (763) 533Q City Council Agenda Item No. lOc #5 COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5508 Fremont 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 5508 Fremont 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 November 13, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to 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. 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 Current rental license approval activities: 12-09-2014 The owner, Charles Jing Bright, applied for renewal of the rental dwelling license for 5508 Fremont Ave N, a single family dwelling. 01-16-2015 An initial rental license inspection was conducted. Twelve property code violations were cited, see attached rental criteria. 02-17-2015 A second inspection was conducted and failed. 03-13-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-27-2015 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-31-2015 The previous Type IV Rental License expired. 04-10-2015 The $200 in reinspection fees was paid. 04-15-2015 A fifth inspection was conducted and passed. 04-22-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 04-22-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-22-2015 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. 05-01-2015 A Mitigation Plan was submitted. 05-13-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015. Prior Type IV Rental License approval activities: 06-10-2014 The Owner, Charles Jing Bright, applied for renewal of the rental dwelling license for 5508 Fremont Ave N, a single family dwelling. 07-03-2014 An initial rental inspection was conducted. 14 property code violations were cited, see attached rental criteria. 08-06-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-25-2014 A second reinspection was completed and 1 violation remained. No reinspection fee was charged for an additional follow up because the item was a special size and it was on back order. 09-02-2014 The $100 reinspection fee was paid. 09-10-2014 A follow up reinspection was conducted and passed. 09-18-2014 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. 09-24-2014 A Mitigation Plan was submitted. 09-30-2014 The Mitigation Plan was finalized. 09-30-2014 The previous 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 11-03-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 10, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately one month. 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'ectio 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 all people and preserves (lie 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. ]'vILssioii: 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 1-3 Year 11-2 units 10-1 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 I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 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 I Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5508 Fremont Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe 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 5508 FREMONT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5508 Fremont Ave N, was issued a Type IV Rental License on November 13, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5508 Fremont Ave N, Brooklyn Center failed to complete security improvements. 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 5508 Fremont Ave N, Brooklyn Center, MN. May 26, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City of Brooklyn Center 601 Shingle Creek Parkway Brooklyn Center, MN 5S430-2199 Phe: 763.569-3QO TTV 721 Fox, 763-56-360 -- Rental License Mitigation Plan—Type IV Rental License Handit'ritkn plans will not be accepted, Please We or usefiJiable form on City websile S&ction A-Popeit Info, niabon 1"°P"1 5508 Fi ernont Ave N, Brook'yn Centei, MN 55430 Ownei Na nec sJiiq 111 9 LOL ____ (Jn"i A]Jrc, AgLntAddrL5s 7-1 (T.bIIflt D F 1i k'iti C 4 4 c I"l p.r H.Ji 4C/(I A 4; U 'u tO tf II I O,umnc rPji ne 612-599-208 AgU t Honc 9529222500 (IJL E1n3 I chari brighttJyahoo Cd Acrt LmiI a rny r lcrngl corn Kent 11 [I] ru Rencai L.UflLI1L License Lc'iration If lC__- *p9dpi1 l)p I'v Licnst E'cp J)at 9 I 30h 1 !P.L cjp w ths fr,,durr1jjcnseaiou. Based on proprrly conditions and/or validated police nuisance incidents, the abvo rcferenced property qualifies for a Type IV Rental License Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation elan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensu re ongoing coginji;,a iwo with City Ordinances and applicable Codes The Mitigation Plan provides an opportunity to review property concerns and ident i fy possible solutions to hnprove the <weralt conditions and management of the property. NOTJCE 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 Mid Legal actions. Submit the following 4ThCumOnt$ with the Mitigation Plan for approval- 1.Crime. Free Housing Progtam Training Certificate (if completed, if not completed, please include scheduled date in Section C, Titi 2+Copy of Lease including Minnesota Crime Free Housing Lease Addendum FJ 3+O of each month (after license approval).Submit written report by 10 1* A V hnse I / I.Use written lease including Crime Free Housing Lease Addendum. / 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if ______requested. 1 1 .Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page I. Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved Housing course. Date Course Completed: !! or Date course Scheduled: Phase!! LLJ Complete Security Assessment and irriptement aft security improvements recommended by the Brooklyn Centcr Police Department Date Scheded: flj/[4- Impvemcnto be completed by: -Lq I will attend a minhnun 00 0% of the ARM meetings (two). I will attend the ARM nicetings scheduled for: W1415 & 71C!15 Do thtø two meeting dates oecsir before the *Pending Type WLcense expiration date? X Yes 0 No (See Seclion A) It n, you will only lie able to quality for i Type IV Rental License upon renewal. t_.24:i I will have no rcpeat code violations previus1y documented within the past year. For properties with four or more riniic: will conduct resident training annually that. includes crime prevention techniques, i will hold regular resident meethigs. Based on condition and age, estlinated replacement dates are provided for common capital items. Funding should be considered accordingly. Ilowevec, items broken, worn or ohoiwisc in violation prior to the estimated replacement date will require earlier corrections. -Date Last Replaced Estimated Replacenient Date FuriacJAC--.2005 20$5 Water Heater 2005 2020 Kitchen Appliances-4/1512013 4110I2Q2 Laundry ExterIor Paint/Siding. fascia, trim- -Windows -Roof -Shed -Garage Driveway --Sidewalks - -- 2020 2005 2055 2004 2024 --WA 2030 NIA N/A ____________________2040 N/A -2050 Smoke Alarms &C a rb o n Monoxide Alarms 2005 2 Other(s).--.- Stioii$feptA nTh I .' Implementing the following best practices may assist in the management of your property. Bychecithig the boxes below, you ag o: I. Cheek in with tenants every 30 days. ILl 2 Drive by property to, check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16--11 . BvIct tenants in violation of the lease and all addendum.R 4. Provide Lawn/snow service. 5. Provide garbage serviec. 6.Install eciiriiy system.Centerpoint Korno Service PlusLLJ7. Provide maintenance service plan for appliances. Name of service co.* [{j I . I am and will remain current on payment of utility fees taxc, assessments, fines, penalties and othtr financial claims due to the City.Ili , Other(s) Please read thoroiighlyt If the Type IV Rental License is approved by the City Council, the Licensee must comply with The approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month the licensee must submit to the Building and Community Standards Department a wtlUen report describing all steps taken to comply with the Mitigation Plan, I vv-rity that all information provided above Is true and aecurnte I understand that if I do not comply with all approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions suth as citations, formal complaint or license review niay resulL Amy C Jones, Property Manager orAaeatNaoie and 4/30115 Owner or Date Add itiotial Owncr or Agent Name and itTe (IfppllcabJe) (Please Prim) Additional Owner or Agent Signature (Yap010ah) lDat For City I Miithin PIaa AppLLCd 13y Qf Police Department I TWO Date -A'A Department/Title Date Page 3 Type IV Mitigtion Plan Rev 11-1611 City Council Agenda Item No. lOc #6 COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JW'45k&J+Vk SUBJECT: Type IV 6-Month Provisional Rental License for 5540 Knox 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 5540 Knox Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on November 26, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 12-17-2014 The owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave 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 02-09-2015 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 03-11-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-25-2015 A third inspection was conducted and passed. 03-26-2015 The $100 reinspection fee was paid. 04-08-2015 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.04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months.04-09-2015 A $300 Administrative Citation was issued for renting without a license. 04-22-2015 A Mitigation Plan was submitted. 05-01-2015 The Mitigation Plan was finalized.05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 18, 2015. Previous Type IV Rental License approval activities: 05-02-20 14 The owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave N, a single family dwelling. 05-22-2014 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 06-24-2014 A second inspection was conducted and passed.07-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-31-2014 The previous Type IV license expired.09-19-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-29-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized.11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. Prior Type IV Rental License approval activities:10-11-2013 The Owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave N, a single family dwelling. 10-30-2013 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 12-04-2013 A second rental inspection was conducted and passed. 12-04-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Theft on 9-11-13) Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-31-2014 The previous rental license expired. 02-05-20 14 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-21-2014 A Mitigation Plan was submitted. 03-10-2014 The Mitigation Plan was finalized. 04-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held April 14, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves The public trust COUNCIL ITEM MEMORANDUM 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 Onlv Type I - 3 Year 1-2 units 0-1 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 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 3-4 units 1-2 0-0.25 5 or more units 0-0.3 5 Decrease 1 Category 1-2 Greater than I but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5540 Knox Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5540 KNOX AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5540 KNOX AVE N, was issued a Type IV Rental License on November 26, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5540 Knox Ave N, Brooklyn Center, MN. May 26, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City of Brooklyn Center Phone: 7$3-569-3300 Tfl' 711 5301 Shingle Creek Parkway Fox: 753569=335Q Brook1rn Center, MN 55430-2199 wwv/aQfbrXk/W?cefltt.QrcJ Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted Please type or u.sefiI1tb!efotm on City website. . :. . •.. . . •. ,. •. : ..Prop ry Address: 5540 KnoxAvenue North . Ov,i LocJ Agut My LamAlex Delenthk Owner Address: :• ••.AgentAddress: . .. . ... OP&IcdloUn o#1O1 tLcu PrL1N541b U2PthdDfltOi LLu6Par1 Mi 51G n r Phone 612-644-2757 Ager 612-703-8035 Mai info proto ri mnccm Aflt EIU ut protonrnngmatI o m 1c'nta1 :i icnc Nev Itie'i 1iirr.iit I nse Lpir'-itton Lci1C 0II12Ol5 4Pending Type IV [ticneLxp Date 07131/2015 ............•. inths from cIrrefl( license piraionJ Based on property conditions and/or validated police nuisance incidents, the above refereaced property qualifies. fora Tc IV Rental License. Before your license application, cari be considered by the City Cotmeil, a r4itigation Plan must be completed and reviewed by City staff, A fully completed Mitigation Plan must be submitted immediately to enure 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 on noinpiiance with City Ordiiiances 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 propefty. NOTICE; Time is Running Out—You must TAKE ACTION NOW lit order to meet all the city ordinance and Mitigation Plan requirements within this spending license period and avoid legal actions Sectioii B— equitet1Dicturnefltc I I Submit the following documents with the Miliga(ioL Plan fur apl Lval; 1R1 L Crime Free Housing Program Thihuing Certificate (if complcted if not completed, please in1ude _ scheduled date in Section C. I1 Ii 2.Copy of Lease inc1udin Minnesota Crime Free Housing Lease Addendum 3.Submit written report by I e of each month cafter license approval). Sètiöi.G- Q ié.FiHôiis n g Progra 4 10 Jit . Pliasc I 1 1.Use Written lease including Crime Free Housing Lease Addendum. j 2.Conduct criminal background check for alt prospective tenants. Provide do ntenlati.Ou to City if requested. ' J 3.Pursue the eviction of tenants who violate the terms of the lease or any addendums Page 1. Type IV Mitigation Man R e-v 11-16-U H' I 4 Atteni City approved eight hour Crime Fze Housing course. Date course Completed. M1i,H- or Date C ourse. Sc.1edWed: Phull Complete Secuthy ASeSSIeI1L and impIinint i1 security luiprovemunts reoom mend ed by the Brooklyn Center Police Department. f / 9V1 /- Dite SchEduleth 7D I 1) Him provenots to be completed by:- 1Tha!ffl17 ii will attend aitiimn of i50% of the ARM meetings (two) -- I will attcnd the AR1! rnefirig h.du1ed fOT £'1i T O & Jiijth 141 Do these two e1ng dates occur before the FeMii 7)pIVLkc1IsE ex plraftn date? [IYe 0 No ('Seis &'cUrA) It no, you will only be able to qualify for a Type IV iei1 Lken.e upiuu renowol. LJ I will have no repeat code violations preously d uriientcd within the past year. For properties Wthfour or more I will conduct resident training aiiiiiaiLy that irukidvs crime prevention techniques.1 1 r will hold rcgular resident meeings, Based on çdiitgn and estimated ieplacement dates are provided for conmoo capital items. Funding siiinthl be considered accordingly. However itm brokei worn or otherwise in iolatioii prier to the estkna tedp1aeennt da te will re q uire cafier coi-ections. -.Date Last Replaced Estimated Replacement DateFll/ RepIe major p a rts in Febru a ry 2015 Unkiown 2020 WateHeatcr [nQxdwoA1naor(hr Ufl1wewr 200 Kitchen Appliances 200 201TLaundry Appliances- Extixior -PaLutiding fascia trim________________________-Windows RepIadt&ta2tM -Rc'of -Fice -Shed________________________________ 2025+ 2013 20 --2007 -Driveway­. -SdewaJs - -Unkrvwn 2 Urikrwwia 2020 inoke Alarms & Carbon Monoxide Alarms - 2015 Other(s) go WOMEN1ntplemeting the fo1lowitgbt prac6ces may asst in tIm nnigiento1yourproperty.JB I_____ the bvxis beIov 7M rgre-e : [.111 I Check in with tenunF every 30 days li__1 /ive by propetty t check for violaions twk a ntônth. page 2 Type IV MitgaUon Plan Rv U.11i k I / j3 Evict tenants in violation of the lease and all addendunis. IL 4. Provide lawn/snow service. 5.Provide garbage service. 6.Install security system.II 7. Provide maintenance, service plan for appliances. Name of service co.: II I II 8. I am and will remain current on payment of utility fees ) taxes, assessments, fines, penalties and other financial claims due to the City.F 1 9. 0ther(s: Please read thoroughly: It the Type IV Rental license is approved by the, City council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I Verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. My Lam Owner or Agent Name and Title (Please Print) _ April 22nd 2015 Owner or Agent Signature Date Alex Delendik A'a*i ) Addilional Owner or Agen Jj3 &4ikable) (Please Print) April 22nd 2015 Additional Owner or Agent Signature (if app licabk) Date For City Ue--Miigation Flan Approved By: Police Ifepartnient /Title Date Ilk 1dm Corn unity Standards Department/Title Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: May 26, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Acquisition of Tax Forfeited Property and a Resolution Approving Purchase Agreement Recommendation: Staff recommends that the Brooklyn Center City Council consider approving first reading of an ordinance authorizing the acquisition of tax forfeited property, and a resolution approving a Purchase Agreement and directing staff to acquire property; and scheduling second reading and Public Hearing for June 22, 2015. Background: Hennepin County notified the City of Brooklyn Center that the property located at 3112 67thi Ave N is owned by Hennepin County due to tax forfeiture and is available for the City to purchase. The City inspector, HRA Specialist, and a Construction Manager from Greater Metropolitan Housing Corporation visited the property. After review, it was determined that the property would qualify for rehabilitation under our current Neighborhood Stabilization Program (NSP), which is federally-funded. Property Description: The house is a three-bedroom, one-bathroom rambler with a detached garage. The basement of the house is partially finished; however, it has water damage. The garage is in poor condition and many of the finishes in the property are in poor condition. Anticipated Construction at Property: Based on the review of the property, the following improvements are projected to occur in conjunction with all NSP requirements: new mechanical systems in compliance with green building requirements, new flooring, interior painting, new kitchen cabinets, new bathroom fixtures, new windows, repaired or replaced siding, repair or replaced driveway, new roofing, repairs to the garage, landscaping repairs, and review of floor plan for improvements. Under the City's current program, Neighborhood Stabilization Program's properties are typically purchased and owned by Greater Metropolitan Housing Corporation. GMHC is the contracted Developer for the City of Brooklyn Center's Neighborhood Stabilization Program. For tax forfeited properties, Hennepin County requires the property be purchased by a government entity. The City may then facilitate the pass thru conveyance of the property to the Greater Metropolitan Housing Corporation pursuant to the terms of the attached Purchase Agreement. Mission: Ensuring an attractive, clean, safe, inclusive conwnuii(y that enhances the quality of life for al/people and preserves the public (rust [EI]JJ[iJ I I Mh'A UYA I Ik 0) 1iI 1IJ I The steps required to execute a pass-thru conveyance are: • City Council approve an Ordinance (first reading and second reading) authorizing the acquisition of tax forfeited property from Hennepin County and pass-thru sale to Greater Minnesota Housing Corporation. • City Council passes a Resolution authorizing the Purchase Agreement and directing staff to make application to Hennepin County for the tax forfeited parcel. • All parties sign the Purchase Agreement, contingent upon passage of the Purchase Agreement. • Upon acquisition from Hennepin County and 30 days after publication of the ordinance, close on the property. After these steps are completed, the property would be rehabilitated and sold for owner- occupancy under our current NSP program. Budget Issues: The NSP program is funded through a federal grant that is passed through Hennepin County. These federal funds would be used to purchase this house. Strategic Priorities: Enhanced Community Image Attachment: Attachment I - Hennepin County Cost Sheet Attachment II— Photos of Property Attachment III - Ordinance Attachment IV - Resolution Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qiialitj' of life for all people and preserves the public trust Attachment I- Hennepin County Cost Sheet From: Abby Majeske - Hennepin County Tax Forfeited Lands Date: 03/04/15 Call 612-348-2995 [DI: PURCHASE COSTS: 34-119-21-14-0004 Assessed Value Specials After Forfeiture Assurance Fee (3%) State Deed Preparation Fee: Filing Fees: (TFL 1OfiIedd} State Deed Tax: , 1.65.'S5OOor part thereof- see cIia1) TFL Holding Costs per State Statute 282.01 Subd 1. IF FULL PAYMENT REQUIRED:Total: $35,000.00 83,648.93 $1 ,159.47 $25.00 $51.00 $119.00 ERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION AKE PAYABLE TO: HENNEPIN COUNTY TREASURER UBJECT PARCEL: 3112 67th Ave N Brooklyn Center ID NUMBER: 34-119-21-14-0004 EPARED FOR: City of Brooklyn Center hone #: 763-596-3300 Calculated: 04-Mar-15 Attachment 11 - Photos of Property 0 Attachment III - Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 22' day of June 2015, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance providing for the acquisition and pass-through sale of certain land in the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. Hennepin County acquired through tax forfeiture a parcel of real property in the City legally described as (the "Subject Property"): Lot 7, Block 4, BELLVUE ACRES PID 01-118-21-34-0070 1.2. The City wishes to facilitate the pass through conveyance of the Subject Property from Hennepin County, to the City, to the City's Economic Development Authority ("EDA"), and then to the Greater Metropolitan Housing Corporation on the condition that the property is used for the Neighborhood Stabilization Program. II. ACQUISITION OF SUBJECT PROPERTY 2.1 The Mayor and City Manager are authorized and directed to take all steps necessary to acquire the Subject Property from Hennepin County. III. SALE OF PROPERTY 3.1 The Mayor and City Manager are authorized and directed to execute a quit claim deed to the Subject Property and take all steps necessary to affect the transfer thereof to the EDA to facilitate the transfer to Greater Metropolitan Housing Corporation. IV. EFFECTIVE DATE 4.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 12015. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Attachment IV - Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AND CONVEYANCE OF PARCEL # 01-118-21- 34-0070 (3112 67th Ave N) WHEREAS, The City wishes to facilitate the pass through conveyance of the tax forfeited parcel located within the City and describe as Lot 7, Block 4, Belivue Acres ("Subject Property") from Hennepin County, to the City, to the City's Economic Development Authority ("EDA"), and then to the Greater Metropolitan Housing Corporation; and WHEREAS, it is beneficial to the City to facilitate this acquisition and conveyance; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, approves the purchase of the Subject Property from Hennepin County and the conveyance of the Subject Property to the EDA for the purpose of reconveyance to the Greater Metropolitan Housing Corporation; and BE IT FINALLY RESOLVED, City staff are authorized and directed to take such actions as are needed to negotiate the acquisition and conveyance of the Subject Property and the Mayor and Manager are authorized to execute such documents and to take such other actions as may be needed to complete the acquisition and conveyance. May 26, 2015 Date Tim Willson, Mayor ATTEST: Sharon Knutson, 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. AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 26, 2015 (Tuesday) Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Sister City Voinjama Visit Update 2.Paperless Packets Report