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Home My WebLink About2015 07-13 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION July 13, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous a. Dog Ordinance - Open Forum Request to Change the Limit on Dogs 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center July 13, 2015 AGENDA 1. Informal Open Forum with City Council – 6:45 p.m. –provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation – 7 p.m. 3. Call to Order Regular Business Meeting –The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda –The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. June 22, 2015 – Study/Work Session 2. June 22, 2015 – Regular Session b. Licenses c. Resolution Approving a Transfer of Funds from the General Fund and the Municipal Liquor Store Fund to the Capital Improvements Fund d. Resolution Approving Transfer of Funds from Earle Brown Heritage Center Operating Fund to Earle Brown Heritage Center Capital Fund e. Motion to Approve Proposal for Banking Services f. Resolution Declaring a Public Nuisance and Ordering Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota CITY COUNCIL AGENDA -2- July 13, 2015 g. Resolution Authorizing Proposed Use of Auto Theft Prevention Grant h. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2014-11, 2014 Capital Building Maintenance Project 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Frank Roth Requested Council Action: –Motion to adopt resolution. 8. Public Hearings a. Acquisition of Tax Forfeited Property Located at 3112 67th Avenue North 1. An Ordinance Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property –This item was first read on May 26, 2015; published in the official newspaper on June 4, 2015; was offered for second reading and Public Hearing on June 22, 2015; was amended and re-published in the official newspaper on July 2, 2015; and is offered this evening for Public Hearing. Requested Council Action: –Motion to continue Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2015-005, Submitted by Luther Company, LLLP for Approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by Allowing the Integration of the Adjacent Commercial Site and Expansion of New Vehicle Display Area, Located at 6849 Brooklyn Boulevard 1. Resolution Regarding the Disposition of Planning Commission Application No. 2015-005, Submitted by Luther Company, LLLP for Approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by Allowing the Integration of the Adjacent Commercial Site and Expansion of New Vehicle Display Area (6849 Brooklyn Boulevard) Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -3- July 13, 2015 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 3701 69th Avenue North 2. 5740 Irving Avenue North 3. 6901 Quail Avenue North 4. Resolution Approving a Type IV Rental License for 4407 66th 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. b. An Ordinance Continuing the Natural Gas Franchise Fees on the Operations of CenterPoint Energy Resources Corp in the City of Brooklyn Center Requested Council Action: –Motion to approve first reading and set second reading and Public Hearing for August 10, 2015. c. An Ordinance Authorizing the Conveyance of Property and the Land Exchange Agreement (3401 53rd Ave N) Requested Council Action: –Motion to approve first reading and set second reading and Public Hearing for July 27, 2015. 11. Council Report 12. Adjournment City Council Agenda Item No. óa MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 22, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tern Dan Ryan at 6:04 p.m. ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Pro Tern Ryan requested the following correction to the Study Session minutes of June 8, 2015: Page 3 7th Paragraph: Councilmember Ryan stated previously the City Council received information relating to h o w many other communities in Hennepin County ban smoking in their parks. While the police may have other more important duties than enforcing a smoking ban in City parks, a smoking ban can be compared to a ban on littering, which should also be banned, and for good reason. Perfect enforcement may not be possible but the City has an interest in communicating that smoking (like littering in our parks) is unacceptable, and that perhaps a smoking ban through an Ordinance amendment might send a stronger message than a smoking ban in the form of a policy change. It was the majority consensus of the City Council to accept the correction the June 8, 2015, minutes. Councilmember Myszkowski confirmed that rental license 1 0a8, Consideration of Type IV 6- Month Provisional Rental License, Resolution Approving a Type IV Rental License for 5700 Camden Avenue North, was indeed cited three times within two months for renting without a license. She asked if the fines totaling $4,225 had been paid. 6/22/15 -1- DRAFT Assistant City Manager/Director of Building and Community Standards Vickie Schleuning stated that generally the property taxes, re-inspection fees, or utility bills are paid before licenses are brought forth for consideration; however, the City does not require fines to be paid, as there is another due process for penalty fines. Councilmember Graves asked if there are any programs that help dislocated families if they are forced to move because their landlord fails to meet licensing requirements. Mayor Pro Tern Ryan stated he thought that in the City of Minneapolis tenants have to leave if their landlord loses his license but they are offered relocation assistance. City Manager Curt Boganey stated that the City does not have any special programs to assist tenants who lose their tenancy, but does have referral options. He stated that the City does not typically require a licensee to remove their tenant when they fail to meet the licensing requirements but they are required to get a license. Councilmember Myszkowski stated that tenants could be directed to CEAP for housing assistance. Mayor Pro Tem Ryan commented on his e-mail that indicated the public feedback regarding the New Millennium Academy Project at the Planning Commission on June 11, 2015, was mostly negative because of traffic issues. He stated that the concept of the school was received favorably but not the site and that many people felt the former Kohl's site would be a better location. He stated that residents at the Planning Commission meeting were concerned that a soccer field would be installed at Happy Hollow Park. Mr. Boganey stated that there is no arrangement, agreement, or approval of a soccer field. The City's Park and Recreation Commission did entertain the suggestion, but they were not in favor of it. Generally a full soccer field would not fit within the context of a neighborhood park. Ultimately the City Council would need to approve any agreement. He stated that there are extraordinary barriers to overcome in order for the Kohl's site to be used and that past City Council policies indicate that the City Council does not believe that it is the best location. Mr. Boganey also stated that the site's traffic issue is still being discussed and is a work in progress. A full report and recommendation has not yet been received from New Millennium's traffic engineers. The report will be received before the project comes to the City Council for final action. All traffic issues raised by the study would have to be addressed and it would need to be approved by the City's and Hennepin County's traffic engineers. The City assumes there would be a need for an interim traffic solution until 2018 when a new interchange will be established. In 2018, it is anticipated that there would be a new traffic control device at Highway 100 and it would flow into Lilac Drive. Mr. Boganey stated that making a cul-de-sac at end of Lilac Drive would be contrary to the overall plan. In addition, it would be longer than the City's policy that a cul-de-sac not exceed 500 feet. Mayor Pro Tern Ryan stated those were the salient issues that he identified and that he thought it would be helpful to walk through them before the hearings. 6/22/15 -2- DRAFT MISCELLANEOUS Councilmember Lawrence-Anderson spoke about a letter to Councilmembers dated June 22, 2015, from Emily M. Anderson, Program Director, Tobacco-Free Youth Recreation, regarding the City's tobacco-free policy that offered free metal signs to the City. Mayor Pro Tern Ryan thanked Councilmember Lawrence-Anderson for bringing this to the Council's attention. Councilmember Myszkowski asked about frequently replaced bus stops near Xerxes Avenue. Mr. Boganey stated that he does not have an answer but will investigate. He stated that the Metropolitan Council has installed solar panels but he is not sure if there is more going on. Mayor Pro Tem Ryan asked for a list of those making donations or in-kind services to the Earle Brown Days event to acknowledge them. Mr. Boganey stated he will prepare a list. ADJOURNMENT Councilmember Graves moved and Councilmember Myszkowski seconded to close the Study Session at 6:25 p.m. Motion passed unanimously. 6/22/15 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 22, 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 Pro Tem Dan Ryan at 6:45 p.m. ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Pro Tern Dan Ryan opened the meeting for the purpose of Informal Open Forum. Carole Davis, 1107 Woodbine Lane, stated she has lived in Brooklyn Center for 46 years and has raised five children here. She is here today because her daughter and grandsons are currently living with her due to domestic abuse issues. Deb Davis, 1107 Woodbine Lane, described her domestic abuse issues and stated that they currently have four dogs and have unknowingly exceeded the City's dog limit. She stated that the dogs have been therapeutic for her sons. She stated that a neighbor's dog has attacked their family on numerous occasions and that the neighbor reported the number of dogs at their residence to the Community Services Officer. She is asking for the City Council's help to keep the dogs. Mayor Pro Tern Ryan stated that he is sorry for family's misfortune and a dog attack is serious. He stated that there is a process to be followed and he is sure that Staff will do everything they can to deal with the dangerous dog. He also stated that they will receive a written response from Staff regarding their address to the City Council. John Sedey, 6201 Noble Avenue North, Executive Director of the Odyssey Academy, and James Rosengren, Board Chair of the Odyssey Academy, stated that the City Council filed a petition a short time ago relative to the amendment of desegregation rules with the State of Minnesota. 6/22/15 -1- DRAFT They feel that there is an unintended consequence in that charter schools are specifically excluded from desegregation rules by State law. This would, in rule, put the charter schools back under the coverage of the desegregation rules. Mr. Sedey stated that charter schools are open to all. He wanted to bring this to the City Council's attention and indicated that they are working with the City Manager relative to this matter. Mayor Pro Tern Ryan stated that he appreciates them bringing this to Staff's attention. Matthew Nnadi, 6920 Humboldt Avenue N., Apartment 206, stated that he is a pastor and his denomination's convention recently advised them to get involved with their local cities. He wanted to introduce himself and make the City Council aware of his intention. Mayor Pro Tern Ryan stated that he appreciated his presence. Councilmember Myszlowksi moved and Councilmember Graves seconded to close the Informal Open Forum at 6:57 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson offered the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tem Dan Ryan at 7:00 p.m. 4.ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 6/22/15 -2- DRAFT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of June 8, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.June 8, 2015 - Study Session 2.June 8, 2015 - Regular Session 6b. LICENSES GARBAGE HAULER Allied Waste Services of North America LLC Curbside Waste Darling International, Inc. Walz Brothers Sanitation MECHANICAL Airics Heating Airtech Thermex LLC Centraire Heating & A/C Cheyenne Plumbing & Ht First Choice Plumbing & Ht Perfection Heating & Air Peterson & Pinney, Inc. Total Comfort Twin City Mechanical Westair Corporation RENTAL 8661 Rendova Street NE, Circle Pines 4465 Trenton Lane #210, Plymouth 9000382 Avenue, Blue Earth P.O. Box 627, Maple Grove 2609 Highway 13 W, Burnsville 4918 W 35th Street, St. Louis Park 7402 Washington Avenue 5, Eden Prairie 25903 Rabbit Street, Zimmerman 29948 Highway 47 NW, Isanti 1770 Gervais Avenue, Maplewood, 4151 Coon Rapids Blvd., Coon Rapids 4000 Winnetka Avenue N, New Hope 2141 108th Lane NE, Blame 11184 River Road NE, Hanover INITIAL (TYPE II— two-year license) 1608 68 " Lane N. RENEWAL (TYPE III— one-year license) 6207 Dupont Ave. N. 5931 Halifax Place 5949 Xerxes Ave. N. RENEWAL (TYPE 11—Iwo-year license) 4708-12 Twin Lake Avenue 6436 June Avenue N. 4207 Winchester Lane RENEWAL (TYPE I— three-year license) 110757 th Avenue N. John Dignan Thomas Le Jerilou Wiedmeyer Missing CPTED follow up and 1 ARM meeting Orrin Hager Byron and Nancy Mach Jenny Pham Gena Gaal Bob Robson 6/22/15 -3- DRAFT 1510 69th Avenue N. 5930 Aldrich Avenue N. SIGN HANGERS Crosstown Sign Inc. DeMars Signs Inc. Signerafter' s Outdoor Ryan Whisenant Lori Stevenson 16307 Aberdeen Street NE, Ham Lake 41093 rd Avenue NW, Coon Rapids 2405 Annapolis Lane N, Plymouth 6c. RESOLUTION NO. 2015-99 ADOPTING REVISED TOBACCO-FREE PARKS POLICY Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. CENTERPOINT ENERGY PRESENTATION OF COMMUNITY PARTNERSHIP GRANT Mr. Boganey stated a representative from CenterPoint Energy would like to make a presentation to the City Council. He stated that every year CenterPoint offers grants to cities for a variety of purposes and this year the City is pleased to accept the grant. Nate Vassar, CenterPoint Energy Representative, spoke about the number of cities and projects the program has been able to serve since 2003 and presented a check for $2,500 to be used to purchase automated external defibrillators. Mayor Pro Tern Ryan accepted the check and expressed the City's appreciation to CenterPoint Energy for this generous donation. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to accept, with gratitude, the Community Partnership Grant from CenterPoint Energy. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. RESOLUTION NO. 2015-100 GIVING HOST APPROVAL TO THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (NEW MILLENNIUM ACADEMY PROJECT) City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that at its May 26, 2015, meeting, the City Council called for a Public Hearing to be held and notice was published in the official newspaper on June 4, 2015. 6/22/15 -4- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Patricia Gardner, 2273 Winchester Trail, Corcoran, and teacher at the New Millennium Academy, stated she wanted to let the City Council know what a great school it is. She talked about a successful teaching method the school uses and provided an individual student's success story using this method. She felt the City would benefit from the school's environment. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-100, Giving Host Approval to the Issuance of Conduit Charter School Lease Revenue Bonds under Minnesota Statutes, Section 469.152 through 469.1655 (New Millennium Academy Project). Councilmember Myszkowski stated that the City has no financial liability whatsoever because the City of Columbus is issuing the conduit bond on behalf of the not-for-profit. She asked why the City of Columbus was issuing the bond. Mr. Boganey stated that the City was initially approached about being the issuer of the bond but because the regulations set a limit on these types of bonds to be issued in a given community, the City declined the request. J. Kou Yang, 2557 Maplewood Drive, St. Paul, JP Realty, Development Manager with CS Property New Millennium Academy, LLC, stated that the City of Columbus was selected because they had the capacity and were willing to be the bond issuer. Councilmember Myszkowski stated that the Academy is a public school and the law does not allow charter schools to own their building. She explained a charter school can form an affiliated not-for-profit and that will then be the body the bonds are issued for. The owner of the parcel that will be purchased will be the affiliated not-for-profit. She asked if anybody knew how long the lease will be. Mr. Yang answered that the lease will be a 35-year lease, amortized with the bonds, with renewal options. Councilmember Myszkowski stated that over the life of the bond the lease payments from the school will be paid through State lease aid, which comes from all Minnesota taxpayers. Her assumption is that once the bonds are paid, the not-for-profit will own the property outright so that what was built with public dollars goes to a private entity. Councilmember Myszkowski 6/22/15 -5- DRAFT stated she has nothing against the school, but thinks that the statute is wrong and the property should be owned by the State; however, she will still vote in favor of the resolution. Mayor Pro Tern Ryan thanked Councilmember Myszkowski for her remarks and stated he thinks they are helpful for the public. He stated it is the legal obligation of the City to determine whether or not it would approve this issuance even though it has no direct financial stake. Mayor Pro Tern Ryan stated this is the same process used for Odyssey Academy and is required by statute. Mr. Boganey pointed out that it was slightly different than Odyssey Academy because the City was the conduit issuer in that case. In this case, the City is authorizing the City of Columbus to be the issuer of the bond. He confirmed that authorization of this approval does not commit the City Council to the project itself. Motion passed unanimously. 8b. ACQUISITION OF TAX FORFEITED PROPERTY LOCATED AT 3112 67TH AVENUE NORTH 1.AN ORDINANCE AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Ordinance. It was noted that this Ordinance was first read on May 26, 2015, published in the official newspaper on June 4, 2015; however, due to a typographical error in the legal description, staff recommends it be republished for Public Hearing on July 13, 2015. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Myszkowski moved and Councilmember Graves seconded to continue the Public Hearing and schedule Second Reading to July 13, 2015. Motion passed unanimously. 2.RESOLUTION NO. 2015-101 APPROVING PURCHASE AND CONVEYANCE OF PARCEL #34-119-21-14-0004 (3112 67TH AVENUE NORTH) Mr. Boganey explained the purpose of the proposed resolution. 6/22/15 -6- DRAFT Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 101, Approving Purchase and Conveyance of Parcel #34-119-21-0004 (311267 th Avenue North). Mayor Pro Tern Ryan commented the purpose of this action is to acquire single family homes that are distressed to be rehabilitated on the condition they remain owner occupied. This will help to maintain a favorable owner to rental ratio within the City. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-003 SUBMITTED BY MBC II, LLC (HYDE DEVELOPMENT) FOR 2ND AMENDMENT TO THE ORIGINAL 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT, LOCATED ON THE FORMER HOWE FERTILIZER SITE, 4821 XERXES AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2015-003 and advised the Planning Commission recommended approval of the application at its June 11, 2015, meeting. The City Council noted this property has been under redevelopment for a long period of time as it required pollution mitigation. The City Council expressed its appreciation to Mr. Benetti and staff for their efforts in this regard. Mr. Benetti answered questions of the City Council regarding the request for a second amendment to the original 2008 Planned Unit Development (PUD) and clean-up work by ConAgri on an adjacent parcel. The City Council acknowledged the proposed building will be similar in architectural treatment to the adjacent commercial building. Mr. Benetti stated the tenant produces sprinkler pipes and is nationally known and locally stationed in the Twin Cities. The name is currently under a confidentiality clause. 1. RESOLUTION NO 2015-102 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-003 SUBMITTED BY MBC II, LLC (HYDE DEVELOPMENT) FOR 2ND AMENDMENT TO THE ORIGINAL 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE - 4821 XERXES AVENUE N.) Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt Resolution No. 2015-102 Regarding the Disposition of Planning Commission Application No. 2015-003 Submitted by MBC II, LLC (Hyde Development) for 2u Amendment to the 6/22/15 -7- DRAFT Original 2008 Minneapolis Building Center II Planned Unit Development Project (former Howe Fertilizer Site - 4821 Xerxes Avenue N.) Motion passed unanimously 9b. PLANNING COMMISSION APPLICATION NO. 2015 7 004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE AND MULTIPLE FAMILY RESIDENCE) AND DEVELOPMENT SITE PLAN OF A NEW K-8 PUBLIC CHARTER SCHOOL FACILITY, LOCATED AT 5120 LILAC DRIVE NORTH Mr. Benetti provided a detailed presentation of Planning Commission Application No. 2015-004 and advised the Planning Commission recommended approval of the application at its May 11, 2015, meeting. He described the reconstruction of the Highway 100 interchange, creating full signalization, that will become the main point of access for the Academy. Mr. Benetti also provided an explanation of the parking and trip generation analysis and initial finding the site works relating to parking. He stated SRF plans to complete its traffic report this week Thursday, after which it will be presented for consideration by City staff and Hennepin County Engineers. Mr. Benetti presented the landscaping plan and noted the location of Malmborg's fence along the property line. He stated staff will meet with the neighbor and the applicant to address the height and type of fence as well as landscaping treatment prior to the City Council's consideration of the zoning request on July 27, 2015. He advised that approval of this request would not become final until the zoning request is approved by the City Council. Mr. Benetti answered questions of the City Council regarding the request for new Planned Unit Development (PUD) with a new zoning classification of PUD-MIXED R-2-R-3 and Development Site Plan to construct a Kindergarten through 8th Grade public charter school facility named New Millennium Academy at 5120 Lilac Drive North. Mayor Pro Tern Ryan asked for clarification on what the City Council was considering tonight. Mr. Benetti stated the City Council is accepting the recommendation from the Planning Commission to approve the PhD. Because there is a need for a separate public hearing for the re-zoning, the City Council will need to consider first reading of the Ordinance and setting a new public hearing for July 27, 2015. If the rezoning is accepted, the PUD then becomes valid. This is technically a conditional approval. 1. RESOLUTION NO 2015-103 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE AND MULTIPLE 6/22/15 -8- DRAFT FAMILY RESIDENCE) AND DEVELOPMENT SITE PLAN OF A NEW K-8 PUBLIC CHARTER SCHOOL FACILITY (PROPERTY LOCATED AT 5120 LILAC DRIVE NORTH) Councilmember Myszkowski asked if the school is going to remain a K-8 configuration. Mr. Vang stated at this point there would be a student population of 500 with the intention of growing to 750 in a five-year period. Councilmember Myszkowski asked if it would be expanded to a high school. Mr. yang stated that a high school is not being considered at this time. Councilmember Myszkowski asked about the number of buses. Mr. Vang stated they currently use 8 buses with about 70 students per bus. When enrollment reaches 750, the school would use 12 buses, which can be handled in the proposed staging area. Mayor Pro Tern Ryan asked when the school would open. Mr. Yang stated they anticipate construction to start in September with occupancy in July of 2016. Mayor Pro Tern Ryan asked about discussion regarding a possible cooperative parking arrangement with Brookdale Covenant Church. Mr. Vang stated he has had multiple meetings with the church regarding the potential to share parking and facilities during heightened needs, but there is no formal agreement at this time. Mayor Pro Tern Ryan asked if this was an agreement that the two parties were working towards. Mr. Yang replied affirmatively. Councilmember Myszkowski stated she is having trouble visualizing the bus route configuration because the new interchange will not be constructed for three years. She stated neighbors have a lot of concerns about the proposed changes. She suggested that Mr. Benetti post staffs presentation on the City's web page so residents can gain a better understanding. Councilmember Myszkowski also suggested that all communication be as open and transparent as possible. She stated she would like to see the school use similar architectural elements that were used with the Family Services Center and Shingle Creek Crossing. Mayor Pro Tern Ryan spoke about concerns expressed at the Planning Commission relating to bus routes and traffic. He stated he was at the Planning Commission meeting and the developer expressed the opinion that the site plan and layout would accommodate a flow through of school buses. Mr. Benetti stated that the City wants to identify traffic issues, but it ultimately comes down to the developer policing themselves. Staff is confident that the bus company will do what the school directs. Mayor Pro Tern Ryan confirmed that Staff would not make a recommendation without a favorable traffic report. Mr. Benetti replied affirmatively and stated the engineers' preliminary findings are that the site will work. Staff will explore interim options for the 51 " Street intersection, but this is in Hennepin County's jurisdiction. Mr. Benetti stated the City's traffic engineer is aware of this issue and the City will not ignore the neighborhood's concerns related to traffic. 6/22/15 -9- DRAFT Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-103 Regarding the Disposition of Planning Commission Application No. 2015-004 Submitted by CS Property NMA, LLC (New Millennium Academy) for Approval of a New Planned Unit Development with New Zoning Classification of PUD-MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and Development Site Plan of a New K-8 Public Charter School Facility (Property Located at 5120 Lilac Drive North). Motion passed unanimously. 2. ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTH SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HWY 100 TO THE WEST, BROOKLYN BOULEVARD TO THE EAST AND HAPPY HOLLOW PARK TO THE SOUTH, AND LOCALLY IDENTIFIED AS 5120 LILAC DRIVE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Ordinance. It was noted that this Ordinance is offered for first reading with recommendation the City Council set second reading and Public Hearing for July 27, 2015. Mayor Pro Tern Ryan confirmed that the PUD will go to the Planning Commission and the City Council will review this ordinance amendment for the second and final determination July 27, 2015. Mr. Benetti stated Staff hopes to have all questions answered and a companion recommendation prepared for the July 27, 2015, Council meeting. If there are any issues to be discussed, it could be tabled. Mr. Benetti stated Staff is confident that they can get things to work out before the City Council meeting. He stated that public notices will be sent out again before the July 27, 2015, meeting and Staff will try to resolve the buffering and screening issues prior to that date. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve first reading of Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the South Section of the City, Generally Situated between Highway 100 to the West, Brooklyn Boulevard to the East and Happy Hollow Park to the South, and Locally Identified as 5120 Lilac Drive North, and set second reading and Public Hearing for July 27, 2015. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES 6/22/15 -10- DRAFT Mayor Pro Tern Ryan explained the streamlined process that will now be used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Pro Tern Ryan 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 Pro Tern Ryan called for a motion on Agenda Items 1 0a1 through 10a8. Mr. Boganey explained that the City Council is being asked to approve the mitigation plan for the properties. If property owners do not want the City Council to approve the mitigation plan, a hearing should be requested. lOal. 4013 65TH AVENUE NORTH 10a2. 6607 BEARD AVENUE NORTH 100. 6712 BEARD AVENUE NORTH 10a4. 5147 DREW AVENUE NORTH 10a5. 5432 DUPONT AVENUE NORTH 10a6. 6907 QUAIL AVENUE NORTH 10a7. RESOLUTION NO. 2015-104 APPROVING A TYPE IV RENTAL LICENSE FOR 6337 BRYANT AVENUE NORTH 10a8. RESOLUTION NO. 2015-105 APPROVING A TYPE IV RENTAL LICENSE FOR 5700 CAMDEN AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4013 65th Avenue North; 6607 Beard Avenue North; 6712 Beard Avenue North; 5147 Drew Avenue North; 5432 Dupont Avenue North; 6907 Quail Avenue North; RESOLUTION NO. 2015-104 Approving a Type IV Rental License for 6337 Bryant Avenue North; and, RESOLUTION NO. 2015-105 Approving a Type IV Rental License for 5700 Camden 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. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 9, 2015: Earle Brown Days Committee Meeting • June 16, 2015: Earle Brown Days Committee Meeting • June 17, 2015: CEAP Executive Committee • June 23, 2015: Earle Brown Days Committee Meeting • June 25, 2015: Earle Brown Days Parade • June 26, 2015: Earle Brown Days Golf Tournament • June 27, 2015: Earle Brown Days Centennial Park Activities 6/22/15 -11- DRAFT Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 10, 2015: Odyssey Academy Executive Director Retirement Party • June 11-17,2015: Family Camping Trip • June 18, 2015: Riverwood Park Neighborhood Meeting • June 25, 2015: Brooklyn Center Business Association lunch Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 16, 2015: Attended Askable Adult Training • June 15, 2015: Met with Keith Ellison's District Director • June 15, 2015: District Parent Advisory Committee Meeting • June 18, 2015: Riverwood Park Neighborhood Meeting • June 22, 2015: Met with Jill Dalton to Start Teaching Yoga at Curves • June 23, 2015: MAC Meeting • June 23, 2015: Twin Lake Expansion Meeting • June 25, 2015: Earle Brown Days Parade Mayor Pro Tern Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 11, 2015: Planning Commission Meeting • June 12, 2015: Youth Engaging in Success Presentation • June 17, 2015: Planning Session for Bottineau Blue Line Light Rail Project • June 18, 2015: Riverwood Park Neighborhood Meeting • June 18, 2015: City Attorney LeFevere Retirement Party • June 21, 2015: Dudley Softball Tournament • June 23, 2015: Three River Trails Open House 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:28 p.m. Motion passed unanimously. 6/22/15 -12- DRAFT City Council Agenda Item No. 6b [EI]SJ(iJ I U I k'A U'A I 3k'A (I) UhI I1SA I DATE: July 7, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk ( SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on July 13, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. AMUSEMENT DEVICE Dandy Amusements International, Inc. Mendota Valley Amusement, Inc. GARBAGE HAULER Ace Solid Waste, Inc. Aspen Waste Systems, Inc. Budget Waste Systems, Inc. Dick's Sanitation Service, Inc. Farmers Union Industries dba Midwest Grease LePage & Sons Inc. Randy's Sanitation, Inc. T & L Sanitation Service Walter's Recycling and Refuse MECHANICAL Aeshliman Plumbing, Inc. All American Heating & Air Anderson's Residential Htg & A/C Arrow Heating and Air LLC Binder Heating & A/C Boiler Services, Inc. Chesney Mechanical Group Commercial Plumbing & Htg Grant Heating and Air, LLC High Road Heating & Cooling 4109 Guardian Street, Simi Valley, CA 390 Richmond Street E, South St. Paul 6601 McKinley Street NW, Ramsey 2951 Weeks Avenue SE, Minneapolis 3516 East Lake Street, Minneapolis 8984 215 th Street West, Lakeville P.O. Box 26, Redwood Falls 23602 University Avenue NW, Bethel P.O. Box 169, Delano P.O. Box 49695, Blame P.O. Box 67, Circle Pines 307 Jackson Avenue, Elk River 6824 Perry Avenue, Brooklyn Center 1628 County Hwy 10, Spring Lk Park 7152 nd Avenue SW, Pine City 222 Hardman Avenue N, South St. Paul 10327 Flanders Street NE, Blame 4118 Shoreline Drive, Robbinsdale 24428 Greenway Avenue 19700 Embers Avenue, Farmington 6650 Winfield Circle N, Rockford 4uission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1IJEIJ I a I V DI'A U I lI'A 0) 1I I1SJ'A I MECHANICAL - Continued Joel Smith Heating & Air Conditioning MWJ Heating & Cooling Master Mechanical Marsh Heating & A/C Ray Welter Heating Co. Wilson HVAC Company RENTAL See attached report. SIGN HANGERS Veo Sign LLC 13915 Lincoln Street NE, Ham Lake 1110 Hwy 55 9104, Hastings 1027 Gemini Road, Eagan 6248 Lakeland Avenue N, Brooklyn Park 4637 Chicago Avenue S, Minneapolis 15284117 Ih Street, Becker 6353 Martin Ave NE, Otsego iWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust License Category (Based on Property Code Only) Type I - 3 Year Type 11-2 Year Type III - 1 Year Number of Units 1-2 units 3+ units 1-2 units 3+ units 1-2 units 3+ units Type IV - 6 Months 1-2 units 3+ units [S[I1IJ[Si I fl ML"A U I ak'4 0) 1I IiUI Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria Property Code Violations per Inspected Unit 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an UIIraCfiVe, clean, soft, inclusive coinuwnity that enhances the quality of life for ailpeople and preserves the j,ublic trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 2840 67th Ln N Single Family Initial Ryan Berner 2 II N/A II 6412 Humboldt Ave N Single Family Initial Tou Yang 2 II N/A II 5301 Logan Ave N Single Family Initial Marc Silverstein 1 II N/A II 1200 67th Ave N Emerson Chalet 1 Bldg 18 Units Renewal Tom Morrow 15 .83/Unit II 1 .06/Unit II II 1701 69th Ave N Earle Brown Farm Apts 4 Bldgs 120 Units Renewal Steven Scott Management No CPTED follow up 97 .81/Unit II 17 .14/Unit III III 7230 West River Rd 1 Bldg 4 Units Renewal Nedim and Adisa Frlj 1 .25/Unit I 0 I II 5200 France Ave N Two Family (2)Renewal Christian Knutson 2 1.0/Unit I 0 I I 4214 Lakeside Ave Two Family (1)Renewal James and Gloria Shoultz 3 1.5/Unit II 0 II III 7206-12 West River Rd Two Family (2)Renewal Jason Ingbretson 13 6.5/Unit III 0 III II 5313 62nd Ave N Single Family Renewal Doua Yang 4 II 0 II I 4213 63rd Ave N Single Family Renewal Bryan Friendshuh 4 II 0 II IV 2918 65th Ave N Single Family Renewal Hong Yang 2 II 0 II III 1330 67th Ln N Single Family Renewal Mark Sibilev Missing 2 ARM Meetings and CPTED 1 I 0 III III 5024 71st Ave N Single Family Renewal Dallas Worth 2 II 0 II II 5464 72nd Cir Single Family Renewal Katherine Banaszak 1 I 0 I II 5834 Camden Ave N Single Family Renewal RHA 3, LLC Missing CPTED 5 III 1 III III 5311 Emerson Ave N Single Family Renewal Kin Chew 3 II 0 II II 5448 Girard Ave N Single Family Renewal Blake Lehane 7 III 0 III II 5000 Howe Ln Single Family Renewal Kristen and Mark Blincoe 2 II 0 II II 4207 Lakeside Ave #123 Single Family Renewal Donna Kabanuk 2 II 0 II II 4207 Lakeside Ave #138 Single Family Renewal Mark Jacobs 4 II 0 II II 4207 Lakeside Ave #140 Single Family Renewal Joseph Drechsler 0 I 0 I III 4207 Lakeside Ave #320 Single Family Renewal Heinz Pollinger Missing CPTED and ARM Meetings 0 I 0 III III Rental Licenses for Council Approval on July 13, 2015 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Rental Licenses for Council Approval on July 13, 2015 5720 Logan Ave N Single Family Renewal Jeniffer Kuria Missing CPTED 1 I 0 III III 5319 Northport Dr Single Family Renewal Mindy Brummer 0 I 0 I III 7024 Oliver Cir Single Family Renewal Juliana Koe 0 I 0 I III 4718 Twin Lake Ave Single Family Renewal Richard and Elizabeth Becht 3 II 0 II I 3801 Woodbine Ln Single Family Renewal Tom Prasky 5 III 0 III II * CFS = Calls For Service for Renewa Type I = 3 Year Type II = 2 Year Type III = 1 Year ** License Type Being Issued *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes City Council Agenda Item No. 6c COUNCW ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director iL SUBJECT: Capital Project Funding Policy Transfers Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing the transfer of funds from the General fund ($908,761) and Municipal Liquor Store fund ($216,455) to the Capital Improvements fund. Background: In January 2014, the City Council adopted a Capital Project Funding Policy which provided for recurring funding sources for the City's 15 year Capital Improvement Plan (CIP). The respective funding sources and the transfer calculations are as follows: 1) The audited year-end Unassigned Fund Balance within the General fund that exceeds 52% of the next year's General fund operating budget: 2014 Audited - General Fund Ending Fund Balance General Fund - 2014 Nonspendable Fund Balance General Fund - 2014 Unassigned Fund Balance 2015 Budget - General Fund Operations Excess Funds Percentage Policy - Target Fund Balance Recommended Transfer $ 11,020,081 (21,967) 10,998,114 19,402,601 52% 10,089,353 $ 908,761 jliissio,z: Eizsiiiing wi attractive, clean, safe, inclusive co!nHiU 11113' that en/i inices the qua/ii' of//fe for al/people aiul preserves the public tins! :.nii I R U V MhYJ U'A $ OI'A (I) 1'Ih1 auii 2) The audited year-end cash balance of the Municipal Liquor Stores fund that exceeds three and one half (3.5) months of the operating budget and 1 years of the capital budget: 2014 Audited - Municipal Liquor Stores Cash Balance 2015 Budget- Cost of Goods Sold 2015 Budget - Operating Expenses Total 2015 Operating Budget Calculated - 3.5 Months of Operating Budget 2015 Budget- Capital Budget Policy - Target Cash Balance Recommended Transfer $1,858,031 4,239,090 1,389,171 5,628,261 1,641,576 1,641,576 $ 216,455 Budget Issues: The approval of these transfers should have no effects on the General or Municipal Liquor Store funds, as the transfers are of excess funds and/or cash balances. A corresponding cash flow projection for the Capital Improvements Fund has been included, with the assumption of the transfers being approved. The projection shows that the outlays identified in the City's CTP will have adequate funding sources over the 15 year time frame. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive cojnnninitj' 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 TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND WHEREAS, the City Council of the City of Brooklyn Center has adopted a Capital Projects Funding Policy; and WHEREAS, the audited year-end Unassigned fund balance within the General fund exceeded 52% of the next year's General fund operating budget; and WHEREAS, the audited year-end cash balance within the Municipal Liquor Stores fund exceeded the combination of three and one half months of the following years operating budget plus the following years capital budget; and WHEREAS, the excess funds as calculated by the terms of the Capital Projects Funding Policy may be transferred from the General and Municipal Liquor Stores funds to the Capital Improvements fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that a transfer of $1,125,216 is made into the Capital Improvements fund, with $908,761 from the General fund and $216,455 from the Municipal Liquor Stores fund. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 000 0 0 (0 00 00o 8 o 8 8 o (0 ('((NO (N (N '0 00 ci cicici ci ci ci cio8 888 8 8 8 0 0 000 0 0 (0 0 0 00 0 ((00 0 00 00(0 000 0 0 (0 000o ci o'o' 00'd ci 00 ci000o IN 00 00040 N 0 (0 0000 00 00 N 00(00 o ci cioci ci ci ci cicici Lq 8 8888 8 8 888 (0 0(40 0 0(0 0, 0 00 ( E o o ci zii o (N 0 0 (N 0 0 (0 0 N (0) 00(0 ('000 (0 000 oo 9 999 9 9 9 999 9 (0 ('4 ('4 0 (0 (0 (0 0 (0 00 008g. 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Background: At the end of each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2014, the cash balance in the EBHC operating fund was $1,290,156. The required cash reserve calculated using the formula was $1,042,962. The difference of $247,194 is available for transfer to the capital fund of the EBHC. Staff recommends moving $247,194 of that amount available from the operating fund to the EBHC Capital fund. The attached resolution authorizes such a transfer. Budget Issues: Also attached is the resulting cash flow projection for the EBHC Capital Fund assuming that the $247,194 transfer is approved. The projection assumes that an annual capital transfer of $200,000 will allow the EBHC Capital Fund to remain relatively stable through 2018. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2014 indicated a balance Of $247,194 available; and WHEREAS, $247,194 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $247,194 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. 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Background: The City received one proposal for banking services from U.S. Bank, which is our current bank services provider. The City currently has a strong banking relationship with U.S. Bank and feels that the services being provided are high quality at very competitive rates. Other financial institutions that inquired about the request for proposal declined to provide a proposal as a result of not being able to compete with our current provider. The proposal was reviewed using the factors specified in the RFP including basis proposal requirements, institutional profile, required banking services, optional banking services and costs. U.S. Bank has extensive experience in government banking and a unique partnership with the 4M Fund that allows them to meet the needs of the City. Headquartered in Minneapolis, U.S. Bancorp, with assets of $410 billion, is a diversified financial services holding company and the parent company of U.S. Bank, the nation's fifth-largest commercial bank. Budget Issues: There will be no required changes to the City budget. Banking fees typically range from $200 to $700 per month. This is dependent upon the number of deposits, the number of checks issues, any stop payment orders, the amount of coin or currency ordered and other miscellaneous transactions. Strategic Priorities: e Resident Economic Stability II'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust SECTION II- GENERAL POLICIES City Council Code of Policies SCHEDULE FOR PROFESSIONAL SERVICES POLICIES 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services Need for Policy The City needs a policy and procedure to provide for the orderly conduct of requesting proposals for professional services for handling financial affairs, to ensure that all services will be periodically reviewed, and that the proper balance will be maintained between cost and quality of services. 2. Policy A.All professional services in the area of City finances will be periodically let out for request for proposals (RFPs) according to an established schedule. B.Service levels will be monitored by the City Council and Staff and if unsatisfactory service is received, that contract will be re-advertised prior to the year set in the schedule. C. Quality of service will be the primary factor in awarding a contract, for professional service, but cost will also be a determinant. 3. Procedure A.A schedule shall be established for the conduct of RFPs. The schedule should be adhered to unless there is a performance problem or other justification for an earlier REP. Going to the market too frequently with RFPs expends Staff time, requires extensive orientation of new professionals, and discourages quality firms from submitting proposals at their most attractive price since they will expect to only have the contract for a short time. B.Specifications tailored to the professional service to be advertised will be prepared by Staff, reviewed by the Financial Commission, and approved by the City Council. C. A review committee made up of the City Manager and Finance Director shall review proposals for Banking Services, Insurance Agent, Risk Management Consultant, and Custodian for Investment Securities. Proposals for Auditor and Financial Advisor shall be initially screened by Staff, and then reviewed by a committee of City Council Members and Financial Commission Members appointed by the Mayor in consultation with the Chair of the Financial Commission, with the approval of the City Council, which committee shall also include the City Manager and Finance Director. City ofBrooklyn Center 03/24/14 Page 266 SECTION II— GENERAL POLICIES City Council Code ofPolicies D. The specifications will emphasize the abilities, qualifications, and experience of the applicant firms to provide high quality service to the City. Price will be considered after one or more applicants have been identified as providing the desired quality of service. When appropriate, the specification shall require prices to be submitted in a separate, sealed envelope to be opened after applicants have been ranked according to quality. B. The City Manager shall make a recommendation to the City Council of a provider to be appointed to a multi-year engagement. It shall be written in the engagement that the appointment may be terminated earlier. Schedule .fOrReqüests for Proposals Financial_Services Type of Service - Financial Advisor for Bond Sales Banking Services Insurance Agent Risk Management Consultant Custodian for Investment Securities Auditor Usual Interval between REPs 6 years 6 years 6 years 6 years 6 years 6 years Most RecéntllFP. -.2004 2002 2003 2003 1998 2002 * 2006 .' --•__________ ____________________________________RFP :200 - - ____________RFP '2008 _- REP 20O9 *RFP - 2010 - -:.- RFP 20ii- iTi-RFP RFP -20 '-:13 ____________RFP RFP RFP RFP 2017 RFP *Awarded to Deloite Touche who subsequently withdrew atter the tY zuu 1 audit. Balance of engagement awarded to BLB Tautges Redpath for FY 2002 - FY 2006. Reference: City Council Resolution Nos, 2006-120; 2000-120; 99-20; City Council Minutes 5/28/96 City ofBrooklyn Center 03/24/14 Page 267 ( 4 No S ¶ 3- ME zc- Qwas05<zw o 00w0 5 0< 050. 2 Si58 5_ - • Stt S ta a ES E, 5 5w,, S 0 88 52 82 8'5 0 ai 52 ' S 5 0,1/) (1)0 5 5, 2 55 5g o S.s5 5 5 8" E5"S 8 8s 52 2 5 55 tfl' S o055c,jo s 5-5 2. 5 5 H 5 8 5 ° 12 o IS S = 5--.S 5.5 8fl 5 .SE°' 5 Ma 5.28 5-22 5 5 5-5sL S ,, SUb 11 !UU I ; dHIu : t It 5- HH8 S il (1 2 ,u 0 a: o. - 0, . > " a 2 0 .2 0 it = o, it -e ,, 5o ta 5'wo cl/s E."512.ScEo8 8E 5 2s5."2.E 35a50, SS855j5'55 Sg85 U! -IUUJ fluiIiIf RI.UII HU5 5c 5.20505:J00O0 90Q0<<5,0 50,N0.0 5fSS>5PS2 UT u FZ, 0 ET 2S a'- 0, 0, '4 (0 10 0. H 0 .8 9 8 ¶ ZU)°LU ul O0ow9) —o zO—<'09)9. 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EEE E 8 222 =- o oI.'Offil .2 E .2 .2 .2 2 12 E 2 2 :2 8 8 c fn I .2 2 o C I 2 2 C-8 .2JEil I C 8 &C _ C'o,C 5,5 .28 .2 2 ila8!22'Soã2.285'2Ei .2 2- 5222252222 59 2. ! 8: 2 'R2'6 2R22' 2&'T5'2z8$ w'2 .2'.2' 2'' 0-o O' 5' '_' 2' 6'O2O0(2(0 22Q)J 2m <(0 z 0(02 U City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2015 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people awl preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.________ RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree No. and Type 2406 Ericon Dr 22 Elm 501 55th Ave N 26 Elm 6001 Girard Ave N 28 Elm RESOLUTION NO. 2.After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3.After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: July 7, 2015 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police 4) SUBJECT: Acceptance of Auto Theft Prevention Grant Recommendation: It is recommended that the City Council accept the awarding of the Auto Theft Prevention Grant from the Office of Justice Programs for proposed use towards an Auto Theft Prevention Officer. Background: The Office of Justice Programs awarded the City of Brooklyn Center Police Department with the Auto Theft Prevention Grant in the amount of $234,632. The Auto Theft Prevention program supports the efforts of law enforcement, prosecutors, and non-profit organizations for the goal of reducing the incidence of auto theft in Minnesota. The grant will fund one full-time officer for up to two years (July 1, 2015 through June 30, 2017) to investigate and prevent automobile thefts. Budget Issues: The total grant amount is $234,632. New account codes will need to be created in order to ensure transparency and accountability of grant funds. There is no required -commitment after the two-year grant period. - Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, sqfi?, 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 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT WHEREAS, the City of Brooklyn Center has received an Auto Theft Prevention Grant in the sum of $234,632 for the period of July 1, 2015 through June 30, 2017; and WHEREAS, it has been proposed that the City would use grant funds to hire a police officer to dedicate the performance of eligible auto theft prevention activities, along with other supplies and materials used in an auto theft prevention campaign; and WHEREAS, the City wishes to maximize the effectiveness of the use of these grant funds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized as part of the previously authorized staffing authorization for police officers, to accept and implement the proposed auto theft prevention grant. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ('State") and Brooklyn Center Police Department, 6645 Humboldt Ave N, Brooklyn Center MN 55430 ("Grantee"). Recitals 1.Under Minn. Stat. § 299A.01 and § 65B.84, the State is empowered to enter into this grant. 2.The State is in need of projects to reduce the incidence of automobile theft and has made grant awards pursuant to its Request for Proposals. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesota Statutes §166.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract I Term of Grant Contract 1.1 Effective date: July 1, 2015, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee - must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2017, or until all obligations have been satisfactorily fulfilled,. whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties 2.1 Activities, The Grantee, who is not a state employee, will perform project activities in accordance with the specified tasks and line-item budget approved by the State, which is attached and incorporated into this contract as Exhibit A, and will comply with required grants management policies and procedures set forth through Minn.Stat.168.97, Subd. 4(a)(1). 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Grant Manual of the Office of Justice Program, which is posted online at https:lldps.rnn.gov/divisions/oiD/grantsfDocuments/Grant Mamial,pdf and is incorporated by reference into this grant contract. (1)Financial Reporting. Grantee shall submit a financial reporting form to the State's Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. (2)Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of the reporting period. (3)Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4)Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the performance of the Grantee. (5)Requirement Changes. The State may modify or. change all reporting forms at its discretion during the grant period. (6)Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State Will notify the Grantee in writing of any special administrative requirements. Automobile Theft Prevention Grant Program F'( 16-17 I - 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a )Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line-item budget approved by the state in Exhibit A: (1)$125,675.00 is available for fiscal year 2016 (2)$108,957.00 is available for fiscal year 2017 Grant funds available for fiscal year 2016 are permitted to be carried forward into fiscal year 2017 only with written approval in advance by the State's Authorized Representative. (b) Line-Item Changes. Expenditures specified in Exhibit A may not be moved from one line-item to another unless in accordance with the requirements listed below: (1)Any changes to the line-item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year. (2)Any fund transfers which exceed an annual amount of $10,000 must be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (3)Total annual transfers of more than ten (10) percent of the amount from one line-item to another line-item must be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (4)Total annual transfers of ten (10) percent or less of the amount from one line-item to another line- item, and which do not exceed an annual amount of $10,000, are permitted without the approval of the State's Authorized Representative. Transfers to a newly created line-item are not permitted. At least ten business days prior to any transfer made under this clause, the Grantee must inform the State's Authorized Representative in writing of the specific changes to be made. (5) The State may refer approval requests for line-item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness. (c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed the amount identified and approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (d)Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $234,632.00. 4.2 Payment (a)Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely upon completion of services, but not more often than monthly. The state fiscal year is July 1 to June 30 of each year. Amounts submitted on each invoice must reflect goods ordered and services rendered prior to June 30 of each fiscal year. The final invoice pertaining to each state fiscal year of this grant contract must be received by the close of business on July 31 following the end of the fiscal year. (b)The Grantee must promptly return to the State any unexpended funds that have not been Automobile Theft Prevention Grant Program FY 16-17 accounted for in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat.471 .345, grantees that are municipalities as defined in Subd. I must do the following if contracting funds from this grant contract agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property: (a)If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.16C,28, Subd. 1, paragraph (a), clause (2); (b)If the amount of the contract is estimated to exceed $25,000 but not $100000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without adveitising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c); (c)If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.16C.28, Subd. 1, paragraph (a), clause (2); (d)Support documentation of the bidding process utilized to contract services most be included in the grantee's financial records, including support documentation justifying a single/sole source bid, if applicable; (e) For projects that include construction work of $25,000 or mor, prevailing wage rules apply per; Minn. Stat. §§1 77.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in Violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Brandon Johnson, Grant Manager, 857th Place E, St. Paul, MN, 651-539-1611, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. Automobile Theft Prevention Grant Program FY 16-17 Ii LF The Grantee's Authorized Representative is Kevin Benner, Chief of Police, 6645 Humboldt Ave N, Brooklyn Center MN 763-503-3201. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantees agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn, Stat, § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State, The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that till or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. Automobile Theft Prevention Grant Program FY 16-17 If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. '11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employee. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota, 14. Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rate basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: a)It does not obtain funding from the Minnesota Legislature; or b)If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. c) Termination must be by written notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of Automobile Theft Prevention Grant Program FY 16-17 its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 3. STATE AGENCY By: (with delegated authority) Title: Date: 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumberdj -) required by Minn. Stat. 113A.15 and 16C.05. Signed: ('a Date: 1-.S' tc SWIFT Contract/PO No(s). 2, GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Automobile Theft Prevention Grant Program FY 16-17 EXHIBIT A BROOKLYN CENTER PD Approved 2016 Approved 2017 Total Approved Personnel Auto theft investigator $72,599.00 $74,777.00 $ 147,376.00 Overtime detail (133 hours)$4,987.00 $4,987.00 $ 9,974.00 Payroll Taxes and Fringe Taxes, PERA, W/C $15,064.00 $15,516.00 $ 30,580.00 Health Insurance $13,025.00 $13,677.00 $ 26,702.00 Equipment over $5,000 per -unit ALPR $20,000.00 $ 20,000,00 Total $125,675.00 $108,957.00 $ 234,632.00 Automobile Theft Prevention Grant Program FY 16-17 City Council Agenda Item No. 6h illihYil I fl U I D'A I'i I Oh'A (0] ithI I1IJhYA I DATE: July 7, 2015 TO: Curt Boganey, City Manager FROM: John Harlow, Deputy Director of Public Works THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2014-11, 2014 Capital Building Maintenance Project Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Construction Results Corporation, for Improvement Project No. 2014-11, 2014 Capital Building Maintenance Project. Background: Bids for the 2014 Capital Building Maintenance Project, Project No. 2015-11, contract were received and opened on June 30, 2015. The bidding results are tabulated below: Bidder Total Base Bid Total Bid Alternate No. 1* Ebert Construction $2,920,998.20 (withdrawn) $120,429.00 Construction Results Corp. $3,629,000.00 $119,000.00 Morcon Construction Co., Inc. $3,695,851.93 $ 79,900.00 *Th e Alternate 1 amount includes a $100,000 allowance that was included in the base bid amount. The net increase in the contract amount for Alternate No. 1. is $19,000 ($119,000 less the $100,000 allowance). Of the three (3) bids received, the lowest base bid of $2,920,998.20 was submitted by Ebert Construction. However, Ebert Construction requested to withdraw their bid due to a bidding error. In consultation with the City Attorney, it is his opinion that Ebert had the right to withdraw the bid due to the mistake and that the City should look to the next lowest responsible bidder for awarding the contract. Construction Results Corporation from Plymouth, Minnesota, has the second lowest base bid of $3,629,000.00. Construction Results Corporation has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Bid alternative No. 1 is also being recommended with an additional amount to the contract of $19,000 to replace the upper level window systems on the south and west walls of the Community Center. Budget Issues: The bid amount of $3,648,000 was higher than the estimated construction amount of $3,162,545. iWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life ,for al/people and preserves the public trust iEI1IJ[i1 I fl U V DhYA 1h!A I k'A [I) 1IUIJ!A I The total estimated budget including contingencies, administration, engineering and legal was $4,106,000.00 and would be amended to $4,130,441.00 with the award of this project as recommended (see attached Resolution - Costs and Revenues tables). The overall project cost reflects a 0.6 percent increase to the originally budgeted amount. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, saft, inclusive coinlnunitj' that enhances the quality of lift fbr al/people (slid preserves the public trust • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-11, 2014 CAPITAL BUILDING • MAINTENANCE PROJECT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2014-11, bids were received, opened, and tabulated by the City Clerk and Engineer on the 30th day of June, 2015. Said bids were as follows: Bidder Total Base Bid Ebert Construction $2,920,998.20 (bid withdrawn due to error) Construction Results Corp. $3,629,000.00 Morcon Construction Co., Inc. $3,695,851.93 WHEREAS, the City Engineer recommends that the contract be awarded based on the base bid including bid alternate No. 1 ($19,000 additional) for a combined total of $3,648.000. WHEREAS, it appears that Construction Results Corp., of Plymouth, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with Construction Results Corp. of Plymouth, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2014-11, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The project costs and COSTS Community Center Contract Other Misc. Improvements Contingency Subtotal Construction Cost Admin/Legal/Engr. Total Estimated Project Cost revenues are as follows: Estimated $3,162,545.00 $ 122,441.00 $ 511,014.00 $3,796,000.00 $ 310,000.00 $4,106,000.00 Amended per Low Bid $3,648,000.00 $ 122,441.00 $ 50,000.00 $3,820,441.00 $ 310,000.00 $4,130,441.00 RESOLUTION NO. Amended REVENUES Estimated per Low Bid 2014 Capital Projects Fund $4,106,000.00 $4,130,441.00 Total Estimated Revenue $4,106,000.00 $4,130,441.00 July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: July 7, 2015 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police \t) SUBJECT: Recognition for Retiring Sergeant Frank Roth Recommendation: It is recommended that the City Council consider recognizing Sergeant Frank Roth for 24 years of his service to the City of Brooklyn Center. Background: Please find attached, a City Council resolution expressing appreciation to Sergeant Frank Roth for his 24 years of service with the Brooklyn Center Police Department, Sergeant Roth started his police career with the Brooklyn Center Police Department on January 2, 1991. Over the years of dedicated service, he has held the title of Patrol Officer and Sergeant. Sergeant Roth served many roles while working at the police department to include a crisis/hostage negotiator and explorer advisor. Sergeant Roth's served his role as Sergeant by overseeing community services, administrative/records and patrol. Budget Issues: There are no budget issues to consider. Strategic Priorities: Not Applicable 4iission: Ensuring an attradii'e, clean, safe s inclusive comlnunutj' that enhances the quality of life for all people and preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT FRANK ROTH WHEREAS, Sergeant Frank Roth was hired as a police officer by the City of Brooklyn Center, on January 2, 1991; and WHEREAS, Sergeant Roth has served as the department's Crisis/Hostage Negotiator; and WHEREAS, Sergeant Roth has served as the department's Explorer Advisor. He was instrumental in training and serving as a role model to multiple police explorers; and WHEREAS, Sergeant Roth's position held as Sergeant was instrumental in training and serving as a role model to multiple police officers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that we recognize the honorable retirement of Sergeant Frank Roth on July 13, 2015, and express sincere appreciation for her dedicated public service. We wish Frank and his family, the very best in the future. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, Citye4 FROM: Vickie Schleuning, Assistant City Man ger/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Acquisition of Tax Forfeited Property Recommendation: Staff recommends that the City Council conduct a Public Hearing and consider approval of second reading of an ordinance authorizing the acquisition of tax forfeited property. Background: On June 22, 2015, the City Council passed the first reading and scheduled the Public Hearing for July 13, 2015 for the acquisition of a property located at PID 34-119-21-14-0004, 3112 67 Ave N. The Notice of Public Hearing was published in the Brooklyn Center Sun Post on July 2, 2015. The execution of a Quit Claim Deed and a resolution approving a Purchase Agreement and directing staff to acquire property was approved by the City Council on June 22, 2015. Hennepin County acquired this property through tax forfeiture. It is a real property in the City legally described as: Legal Description Lot 26, Block 3, ELSEN'S CITY VIEW 3RD ADDITION Please refer to the attached Council Item Memorandum from June 22, 2015 for more information. If adopted, the ordinance will go into effect on August 13, 2015. Further, in order for the acquisition and transfer to Greater Metropolitan Housing Commission (GMHC) to be completed, an approval of a resolution by the Economic Development Authority (EDA) is required since the Developer Agreement with GMHC is through the EDA. It will be presented to the EDA for consideration. 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 and renovate this house. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive coniiniuiity that enhances the quality of life for all people au (I preserves (lie public (just iiscsi i iw LA i O ii Attachment: Ordinance June 22, 2015 City Council Memorandum Mission: Ensuibig an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will beheld on the 13th day of July 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 26, Block 3, ELSEN'S CITY VIEW 3RD ADDITION 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 ,2015. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) [I1IiPJ[*I .11 LII*A (I] iiJ flhJ!4I DATE: June 22, 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 recomirtends that the 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 July 13, 2015. Background: On May 26, 2015 the City Council reviewed the ordinance and called for a Public Hearing. However, there was a typo in the Public Hearing notice and documents regarding the property legal description. Therefore, a revised Public Hearing Notice will be published to set the Public Hearing to July 13, 2015. Hennepin County notified the City of Brooklyn Center that the property located at 3112 67th 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-flmded. 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 NSF 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. GMFIC 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 Mission: Ensuring an attractive, den,,, safe, inclusive community that enhancesalices (lie quality of life for all people wulpiesert'es the public trust ZIIIJh[*IflI t*"4 L'AI* (0) i(4I i]JJII 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. 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 Resolution approving 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 will 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 and renovate this house. Strategic Priorities: oN/A Attachment: Attachment I - Hennepin County Cost Sheet Attachment Il — Photos of Property Attachment III - Hennepin County Property Information Attachment IV - Ordinance Attachment V - Resolution 1Iissio,z: Eiuring an attractive, clean, safe, inclusive coinnuinhlj' that enhances the qziaIii' of life for al/people uizdpreserves the public tins! Attachment I- Hennepin County Cost Sheet rom: Abby Majeske - Hennepin County Tax Forfeited Lands ate: 03/04/15 all 612-348-2995 22599 IPURCHASE COSTS: 34-119-21-14-0004 Assessed Value Specials After Forfeiture Assurance Fee (3%) State Deed Preparation Fee: Filing Fees: (TFL tofiedced) State Deed Tax: { $ 165 15500 or part thereof- set chait} TFL Holding Costs per State Statute 282.01 Subd 1. IF FULL PAYMENT REQUIRED:Total: $35,000.00 $3,648.93 $1,159.47 $25.00 $51.00 $119.00 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 3112 67th Ave N Brooklyn Center PID NUMBER: 34-119-21-14-0004 PREPARED FOR; City of Brooklyn Center Phone #: 763-596-3300 - Calculated: 04-Mar-15 Attachment 11 - Photos of Property & 111n ___ :• Attachment III - Flennepm County Property Information Parcel Data for Taxes Payable 2015 Property ID:34-1I92l-14-0O04 Address:3112 67TH AVE N Municipality:BROOKLYN CENTER School Dint:279 Construction year: 1969 Watershed:B Approx. Parcel Size: S 75X143X78X145 Sewer Dint: Owner Name:HENNEPIN FORFEITED LAND Taxpayer Flanie HENNEPIN FORFEITED LAND& Address: Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warrented to represent arms-length transactions. Sale Date: September, 1070 Sate Price: $22500 Transaction Type: Tax Parcel Description The following is the County Auditors description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please ruler to the legal description of this property on the public record when preparing legal documents for recording Addition Name: ELSENS CITY VIEW 3RD ADDITION Lot: 026 Block: 003 First Line Metes & Bounds: Full Metes & Bounds: Note: To read full tax parcel description, click here Abstract or Torrens: TORRENS Attachment IV - Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 13th day of July 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 I.1. Hennepin County acquired through tax forfeiture a parcel of real property in the City legally described as (the "Subject Property"): Lot 26, Block 3, ELSEN'S CITY VIEW 3RD ADDITION 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 ("BDA"), 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 ,2015. 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 V —Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AND CONVEYANCE OF PARCEL # 34-119-21 14-0004 (3112 67th Ave IN) WHEREAS, The City wishes to facilitate the pass through conveyance of the tax forfeited parcel located within the City and describe as Lot 26, Block 3, Elsen's City View 3rd Addition ("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. June 22, 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. City Council Agenda Item No. 9a COUNCI[L ITEM MEMORANDUM DATE: July 13, 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 Application No. 2015-005, Submitted by Luther Company, LLLP for Approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by Allowing the Integration of the Adjacent Commercial Site and Expansion of New Vehicle Display Area (6849 Brooklyn Boulevard) Recommendation: It is recommended that the City Council consider approval/adoption of Planning Application No. 2015-005, submitted by Luther Company, LLLP for approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by allowing the integration of the adjacent commercial site and expansion of new vehicle display area, located at 6849 Brooklyn Boulevard. Background: On July 23, 2013 the City Council adopted Resolution No. 2013-83, which approved Luther Company's request for site and building plan approval of the new 32,100 sf. Volkswagen Automobile dealership, located at 6801 Brooklyn Boulevard. On June 24, 2015 the Planning Commission reviewed Planning Application No. 2015-005, which is a Site Plan Amendment to the approved 2013 Luther Volkswagen Site Plan. This plan amendment requests the integration of the former Shell/Express gas station property, located at 6849 Brooklyn Boulevard (immediately north of the dealership site) into the Volkswagen properties for additional vehicle display and parking area. Attached for City Council review is a copy of the adopted Planning Commission Resolution No. 2015-05, which provides a favorable (unanimous) recommendation of the proposed Site Plan Amendment. The June 24th planning staff report, including city engineers review [memorandum] and site plans are also attached. Excerpt minutes from the June 24th Planning Commission meeting related to this item are included for additional City Council review. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment il'Jissioi,: Eizsiii'ing an attractive, clean, safe, inclusive conzmuniti , that enhances the quality of life for all people and preserves 1/ic pa b/ic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 20 15-005 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF A SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE, BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA (6849 BROOKLYN BOULEVARD) WHEREAS, on July 23, 2013, the City Council adopted Resolution No. 2013-83, which approved Planning Application No. 2013-008, and Site and Building Plan application submitted by The Luther Company, LLLP ("Developer") of the new Luther Brookdale Volkswagen automobile dealership facility, located at 6801 and 6837 Brooklyn Boulevard and WHEREAS, Planning Application No. 2015-005 was subsequently submitted by the Developer requesting approval of a new Site Plan Amendment to the original Luther Brookdale Volkswagen dealership site plan to allow the integration of the adjacent commercial site, located at 6849 Brooklyn Boulevard ("Subject Property"), which would permit the expansion of new vehicle display area for the Volkswagen dealership site; and WHEREAS, the Planning Commission held a public meeting on June 24, 2015, to fully consider Planning Application No. 2015-005, and reviewed and received a planning report on the proposed Site Plan on the 0.618 acre site, including all related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the site and building plans as contained in Section 35-230 of the City's Zoning Ordinance and the Comprehensive Plan, the Planning Commission considered the site plan as an amendment to the original Luther Brookdale Volkswagen site, and determined it to be an appropriate and reasonable redevelopment of the Subject Property. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that the Site Plan Amendment to the original Luther Brookdale Volkswagen dealership site plan to allow the integration of the adjacent commercial site, located at 6849 Brooklyn Boulevard, as comprehended under Planning Application No. 2015-005 may be approved based upon the following considerations: A.The Site Plan Amendment is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The Site Plan Amendment on the Subject Site will facilitate the redevelopment and improvement of this site, which allows for the utilization of the land in question in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those RESOLUTION NO. permitted on surrounding land; C.The improvements and utilization of the property as proposed under the Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; D.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; E.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 F.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site 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. 2015-05, which provides a favorable and unanimous recommendation to the City Council that this Site Plan Amendment to the original Luther Brookdale Volkswagen dealership site may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-005, submitted by The Luther Company, LLLP requesting approval of a new Site Plan Amendment to the original Luther Brookdale Volkswagen dealership site to allow the integration of the adjacent commercial site, located at 6849 Brooklyn Boulevard, is hereby approved, subject to the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 19, 2015. 2.The Developer shall combine for tax purposes the lot addressed as 6849 Brooklyn Boulevard (Parcel ID No. 34-119-12-22-0016) with the overall Volkswagen dealership lots addressed as 6801 and 6837 Brooklyn Boulevard (Lots 1 and 2, Block 1, Northtown Plaza 3rd Addition), which are all owned by Luther 394 Properties, LLC (Luther Company LLLP); the combination of which secures the ability to use these lots as a single automobile dealership only. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. RESOLUTION NO. 3.The Developer shall re-install any sidewalks that may be removed along the 69th1 Avenue and Brooklyn Boulevard roadway sections. Re- installation shall meet all city standards and specification, and approved by the City Engineer and/or Hennepin County. 4. All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 6.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 7.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 8. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE 24, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:02 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, Stephen Schonning, and Rochelle Sweeney were present. Commissioners Benjamin Freedman and Jack MacMillan were absent and excused. Commissioner Carlos Morgan was absent and unexcused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the June 24, 2015 meeting agenda. Motion passed unanimously. 4.CHAIRPERSON'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. 5.APPROVAL OF MINUTES - JUNE 11, 2015 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the June 11, 2015 meeting. Motion passed unanimously. 6.PLANNING APPLICATION ITEMS 6a) THE LUTHER COMPANY, LLLP; PLANNING APP. NO. 2015- 005; PROPERTY ADDRESS: 6801 BROOKLYN BOULEVARD Chair Christensen introduced Application No. 2015-005, consideration of a Site Plan Amendment to the original 2013 Luther Brookdale Volkswagen Site Plan (approved under PC Minutes 06-24-15 -1- DRAFT EXCERPTS Planning App. No. 2013-008) to allow the integration of the adjacent commercial site and expansion of new vehicle display area. Mr. Benetti stated that on July 23, 2013 the City Council approved a site building plan for this property. This is a Site Plan Amendment to the soon to be completed Luther Brookdale Volkswagen dealership site. He stated that the Luther Company, LLLP acquired the adjacent Shell Express Gas Station site. He also stated that this site item does not require a public hearing, but can be considered under a standard public meeting review. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. He displayed the site plan layout and pointed out the access points; the number of parking spaces; the trails and sidewalks (removal of any walk way would need to be replaced in kind); the drainage utility plan; the lighting plan and the landscaping plan. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application 2015-005, the Site Plan Amendment to the original 2013 Luther Brookdale Volkswagen Site Plan, subject to the same conditions and allowances as specified in the 2013 review and approvals, with the conditions noted in the Planning Staff report and also similar in the Resolution. Seeing no other persons in the audience except for the developer, no public hearing was held. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Applicant Sean Murphy, Landform Professional Services on behalf of Luther Company, stated that they were excited about the project and thanked Mr. Benetti for his presentation. Linda McGinty of Luther Company was also present and available for any questions. Chair Christensen asked about plans for the current retaining wall. Mr. Murphy stated that the retaining wall will be removed resulting in a cleaner corner. They will be dropping the grade and pulling back the curb for a gentler transition. Chair Christensen expressed concern that people will sit on the cars instead of the retaining wall while waiting for the bus on Brooklyn Boulevard. Director of Business and Development Gary Eitel stated his belief that a bench and/or shelter would be put in if there is a need based on ridership. Chair Christensen stated that he does not see a shelter going in there, but was commenting on what he sees when he goes to work each day. Mr. Murphy stated that the Luther Company does do extensive monitoring of their sites. If this becomes a problem, they can come to the city at a later date and work something out. PC Minutes 06-24-15 -2- DRAFT EXCERPTS Chair Christensen stated he assumed that the display area will look like the other ones. Mr. Murphy responded affirmatively. Commissioner Shonning asked if the water retention area was just for this part of the property. Mr. Murphy stated that there was one for original development and one for this development. Chair Christensen commented on the Hennepin County's offer to issue a permit for the removal of the driveway at no cost to the developer. Commissioner Koenig stated he felt it was a well-developed plan. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-005 SUBMITTED BY THE LUTHER COMPANY. There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2015-005. Voting in favor: Chair Christensen, Commissioners Koenig, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 13, 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 06-24-15 -3- DRAFT Qi/ ( Commissioner Sweeney introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2015-05 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-005 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA (LOCATED AT 6849 BROOKLYN BOULEVARD) WHEREAS, on July 23, 2013, the City Council adopted Resolution No. 2013-83, which approved Planning Application No. 2013-008, and Site and Building Plan application submitted by The Luther Company, LLLP ("Developer") of the new Luther Brookdale Volkswagen automobile dealership facility, located at 6801 and 6837 Brooklyn Boulevard and WHEREAS, Planning Application No. 2015-005 was subsequently submitted by the Developer requesting approval of a new Site Plan Amendment to the original Luther Brookdale Volkswagen dealership site plan to allow the integration of the adjacent commercial site, located at 6849 Brooklyn Boulevard ("Subject Property"), which would permit the expansion of new vehicle display area for the Volkswagen dealership site; and WHEREAS, the Planning Commission held a public meeting on June 24, 2015, to fully consider Planning Application No. 2015-005, and reviewed and received a planning report on the proposed Site Plan on the 0.618 acre site, including all related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the site and building pians as contained in Section 35-230 of the City's Zoning Ordinance and the Comprehensive Plan, the Planning Commission considered the site plan as an amendment to the original Luther Brookdale Volkswagen site, and determined it to be an appropriate and reasonable redevelopment of the Subject Property. 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 proposed Luther Brookdale Volkswagen expanded parking and vehicle display area, as comprehended under Planning Application No. 2015-005, be approved based upon the following considerations: The Site Plan Amendment is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Site Plan Amendment on the Subject Site will facilitate the redevelopment and improvement of this site, which allows for the utilization of the land in question in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; PC RESOLUTION NO. 2015-05 3.The improvements and utilization of the property as proposed under the Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.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 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site 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 Brooklyn Center to recommend to the City Council that Planning Application No. 2015-005 be approved subject to the following conditions: Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 19, 2015. 2.The Developer shall combine for tax purposes the lot addressed as 6849 Brooklyn Boulevard (Parcel ID No. 34-119-12-22-0016) with the overall Volkswagen dealership lots addressed as 6801 and 6837 Brooklyn Boulevard (Lots 1 and 2, Block 1, Northtown Plaza 3rd Addition), which are all owned by Luther 394 Properties, LLC (Luther Company LLLP); the combination of which secures the ability to use these lots as a single automobile dealership only. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. 3.The Developer shall re-install any sidewalks that may be removed along the 69th Avenue and Brooklyn Boulevard roadway sections. Re- installation shall meet all city standards and specification, and approved by the City Engineer and/or Hennepin County. 4. All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 5. Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to PC RESOLUTION NO. 2015-05 Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 6.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 7.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 8. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. June 24, 2015 Date , Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Koenig; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Schonning, Koenig, and Sweeney. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. rRRO^KLVINI 1 V TEl? Planning Commission Report Meeting Date: Jane 24 9 2015 • Application Filed: 05/29/15 • Review Period (60-day) Deadline: 07/28/15 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2015-005 Applicant: The Luther Company, LLLP Location: 6849 Brooklyn Boulevard (w! 6801 Brooklyn Boulevard) Request: Site Plan Amendment to the Luther Brookdale Volkswagen Dealership Site INTRODUCTION Luther Company is requesting review and consideration of a Site Plan Amendment to the soon to be completed Luther Brookdale Volkswagen dealership site, located at 6801 Brooklyn Boulevard. Luther Company acquired the adjacent Shell Express gas station site to the north, to allow for the expansion of additional vehicle display area available to the new auto dealership. This site plan item does not require a public hearing, but can be considered under a standard public meeting review, whereby comments from the general public may be allowed or noted for the record. Written notices were mailed to all owners within 350-feet of the subject site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan. RB-Retail Business Current Zoning: C-2 Commerce Surrounding Zoning: North: PUD/C-2 (Planned Unit Development-Commerce) East: PUDIC-2 (Planned Unit Development-Commerce) South: PUD/C-2 (Planned Unit Development-Commerce) West: C-2 Commerce Neighborhood. Willow Lane Site Areci: 26,925 sf. (0.618 acres) Setback Standards: Building: Front Yard = 35-ft.; Side Yard = 10 ft.; Rear Yard = 40-ft. Pa rking: 15-ft. from any street right-of-way line Conformity to: Land Use Plan. Yes Zoning Ord.: Yes Subdivision Ord. Yes, even though no platting is required in this case. Sign Ord.: Unknown or not under consideration at this time. Variance Neededfor Request. No App. No. 2015-005 PC 06/24/2015 Page 1 BACKGROUND On July 23, 2013, the City Council adopted Resolution No. 2013-83, which approved the new 32,100 sq. ft. Luther Brookdale Volkswagen facility (refer to diagram below - with full site plan attached hereto). The Volkswagen site consists of approximately five acres. The original Luther Honda site was previously approved with a special use permit, which typically runs with the land, as long as the allowed use continues to operate as such on the subject property. As part of this approval, the city is considering extending the rights of this special use permit over the new .68 acre parcel of land, as this will essentially become one combined and jointly owned and operated development site once completed. LUiiLLIE\\\ N 1 4 3'2 VOLKSWAGEN I '. : 1_±< 0 2 - Sill 1if ----IE --------------- Luther Company was recently able to acquire the 6849 Brooklyn Boulevard, which was the former Shell Express gas station (as seen below), and has begun the process of clearing and cleaning-up the site for any gasoline and other related contaminants. - - —v-- .i-. -- PC 06/24/2015 Page 2 Once the site is completely cleared and cleaned, Luther will complete the new pavement surfacing on the site, and tie into the new pavement on the overall Volkswagen site to the south. All of these separate parcel lots owned by Luther will be combined for tax purposes and recognized as a single, combined commercial development parcel. SITE IMPROVEMENTS There are no buildings planned for this site. The proposed site is scheduled to receive nothing more than asphalt pavement, with concrete curb and gutter sections along the perimeters and island areas. According to the Developer's site plan information, the existing Shell station site comprised of 4,495 sf. (16.6%) of pervious area such as lawn and landscaped areas, etc.; along with 22,430 Sf. (83.3%) of impervious areas such as buildings, gas canopies, parking/driveways, etc. The new parking/display area will consists of 5,246 sf. (19.5%) of pervious areas and 21,679 sf. (80.5%) of impervious areas. 69TH AVENUE NORTH The new parking area is scheduled to receive a new circular vehicle display area near the corner. This display is similar to what was allowed on nearby Honda and Toyota dealership sites. Ld 25 arekT raMeLE FSQM PRQFRTY COSNES N App. No. 2015-005 PC 06/24/2015 Page 3 This prominent corner display area will be located outside the 25' x 25' sight triangle as required by City Code, and meets the 15-foot setbacks for all parking areas from road right of ways. The circular display area will also have a small amount of landscaping and decorative fencing along the outer perimeter. Access & Parkjg The existing site is accessed by two, separate entry points (noted by red-circles in diagram below). Both accesses are from separate Hennepin County road systems, 69th Avenue to the north and Brooklyn Boulevard to the east. Both access points are considered right-in/right-out only due to center medians in both roadway systems. - pTh . fWI 'I As illustrated on the new Site Plan layout (diagram below), the lone access point off Brooklyn Boulevard will be removed completely, while the access off 69th Avenue will remain in the approximate same place, with no changes to the right-in/right-out movements. ••.,.e o 1 I I ')V\ ____\T r T1, mm 1%pp. 1W). LUIJUUJ PC 06/24/2015 Page 4 Hennepin County officials responded with an email indicating their support of closing off the access point off Brooklyn Boulevard, which helps eliminate future vehicle movements near this very busy intersection, and reduces vehicle conflicts along this increasingly heavy traveled corridor. The County also stated they would issue any work permits related to closing off this access within the county right-of-way at no costs to the developer, which is commendable. The current gas station site has a 5-foot wide sidewalk along the north edge along 69th Avenue, and a 10-ft. wide walkway along the east edge with Brooklyn Boulevard (visible on the aerial mapping and street view photos below). A number of years ago, the City and County installed decorative sidewalks as part of the enhanced streetscapes and aesthetics in and around this 69th and Brooklyn Boulevard intersection. The proposed Demolition Plans call for the removal of "...paving, curbing, walkways..."; but said plans also note "protect sidewalks". If any sidewalk or walkway is affected, it will have to be replaced to city standards and specifications. A is T 7" I ii---H PC 06/24/2015 Page 5 The City Engineers note in their review memo a statement "[Developer] work with the city to provide easements for trails" along the parcel boundaries. Luther's plans indicate a 10-foot wide easement along Brooklyn Boulevard; and a Highway Easement along the north and east edges as well. Staff remains confident that Luther will work and cooperate with the City if additional easement space is needed. For now, the existing 5-foot sidewalk and 10-foot wide walkway/trail appear to be sufficient. The original Volkswagen site plan included 386 new parking spaces, for both display and customer/staff parking on the southerly site. To incorporate and convert this old gas station site into new parking, Luther intends to remove the 21 parking spaces located to the far north of the current dealership site (outline in the blue-dashed circle below); and replaced with the new stalls and islands as shown in the plan above. LI IT 34 -II1 fl I QCL4i fli O: L'N iEI VI2 I I LI'. i LOI ?, bL).1. N1 'lCWM 31A C 885°5154E 245.03 XX \- H L \4 As was noted in the previous (original) Luther Volkswagen site plan approvals, the new auto dealership site and its activities represent a need to provide up to 125 parking spaces (based on the size of the building, etc.). Most dealerships exceed the required number of parking spaces in order to provide enough area to display and maintain their new and used vehicles on the site. All of this new parking is slated to become or used for vehicle storage and display as needed. All available customer and staff parking will take place along the south part near the main dealership buying. GradingiDrainagelufihitjes The new parking area will have a limited amount of re-grading to match the newer parking area App. INO. LU1-UUD PC 06/24/2015 Page 6 in with the new Volkswagen parking lot. Developer intends to remove the small block retaining wall along the north and east edge of the site, and re-grade these areas down to match or tie-in with the level grades of the boulevard areas along 691h Avenue and Brooklyn Boulevard. It appears the grade break between the old gas station parcel and Volkswagen lot to the south will occur along or near the parcel boundary line, at or near the mid-point or "asphalt pavement transition" line between existing and new pavement (i.e. between the double-row parking near the shared lot line). The new grades will direct or funnel storm water near the upper north- central areas of the old station lot, to be captured by two new storm catch basins. From these catch-basins, the water is directed through 15-inch pipes to an underground infiltration system, which is identified as a Cultec 330XLD system (see design diagram below). A large number of these chamber units will be linked together to form a combined storm water treatment system, measuring approximately 75-feet long by 15-feet wide, and installed near the east edge of the property. \ These underground infiltration chambers are tied together and engineered to provide for water quality treatment of any storm water run-off, when on-site ponding is not possible or desired. This storm treatment system is designed with a rock and sand filtration base, and connected to the city/county storm systems in the adjacent Brooklyn Boulevard system in case of abnormal (high-water) storm events. Shingle Creek Watershed review of this drainage and utility plan is expected. The City Engineer App. No. 2015-005 PC 06/24/2015 Page 7 will ensure that all storm system improvement are approved and installed according to the final engineering design plans and inspected accordingly. + Landscaping The site plan includes a detailed landscape plan, which illustrates certain amounts and locations of various landscaping items throughout the new site. Although City Code does not contain a landscape or tree ordinance, the City has held that new development areas shall comply with the city's adopted Landscape Points System policy, which provides certain percentages and amount of landscaping based on a development's size (land area). This landscape points system requires commercial sites to provide a specific amount or number of landscaping units, and is based on a maximum percentage of certain materials (50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). The Developer has reflected 49.5 points needed due to the additional "retail" space as proposed under these plans. These points equate to the proposed planting of three (3) new Austrian pine evergreen trees ; two (2) shade trees consisting of Prairie Sky poplars; and 23 various style shrubs of spire and dogwoods. The total percentages of materials meet the standards under this policy and are approved. + Lighting/Trash The site lighting plan calls for seven (7) new dual headed pole lights with down-cast cut off light standards throughout the site. The main vehicle parking/display areas and outer perimeters of the new lot will be lit with 24-foot high, dual headed lamps. To limit light pollution or light spill-off to adjacent neighborhoods, Staff has required Luther to install light shields on the bottom edges of their light heads to help avoid this spillage or brightness that my affect these residential area. The photometric plan indicates the entire Volkswagen site will receive a high, intensity of light on the site itself (as is typical in auto dealership display areas); with a minimal and manageable amount of spill-over beyond the property lines at the street levels. There are no outdoor trash enclosures planned for or required in this new parking lot area. CITY ENGINEER REVIEW The City Engineer has provided a review and comments regarding this application in his June 19, 2015 review memorandum to city planning staff, attached hereto. Some of these conditions may be applicable at time of future land disturbance permit or building permit approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2015-05, which comprehends approval of Planning Application No. 2015-005, a Site Plan Amendment to the original and approved 2013 Luther Brookdale Volkswagen Site & Building Plan, which would allow the integration of the adjacent commercial parcel located at 6849 Brooklyn Boulevard, into the overall dealership development, and allow expansion of new vehicle display area at this location, subject to the following conditions: App. No. W1-UOD PC 06/24/2015 Page 8 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 19, 2015. 2.The Developer shall combine for tax purposes the lot addressed as 6849 Brooklyn Boulevard (Parcel ID No. 34-119-12-22-0016) with the overall Volkswagen dealership lots addressed as 6801 and 6837 Brooklyn Boulevard (Lots 1 and 2, Block 1, Northtown Plaza 3'' Addition), which are all owned by Luther 394 Properties, LLC (Luther Company LLLP); the combination of which secures the ability to use these lots as a single automobile dealership only. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. The Developer shall re-install any sidewalks that may be removed along the 69th Avenue and Brooklyn Boulevard roadway sections. Re-installation shall meet all city standards and specification, and approved by the City Engineer and/or Hennepin County. 4.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 5.Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 6.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control -Agency prior to disturbing the site. 7.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 8. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Attachments •• Planning Commission Resolution No. 2015-05 • City Engineer's Review Memo - dated 06/19/2015 + Luther Brookdale Volkswagen Site and Building Plan (overall) •• 6849 Brooklyn Boulevard Site Plan (Volkswagen Display Area Expansion Plans) App. No. 2015-005 PC 06/24/2015 Page 9 kU 'III •IIILI DATE: June 19, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review - Luther 6849 Brooklyn Blvd Public Works Department staff reviewed the following documents submitted for review on June 1, 2015, for the proposed Luther 6849 Brooklyn Blvd improvements: Civil plans Site Plans dated May 29, 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: C1.2 —Demolition Revise note 13 to include adhering to MPCA procedures for tank removal including proper notification, paperwork, and protocol as required by the IVfPCA. 2.Obtain demolition permit prior to start of demolition. C2.1 —Site Plan 3.Combine parcel with Luther property to the south. 4.Work with City of Brooklyn Center to provide easements for existing trail. Miscellaneous 5.See redlines for additional site plan comments. 6.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. 7.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. Luther 6849 Brooklyn Blvd - Land Alteration Review Page 2 June 19, 2015 8.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, applicant must submit plans to the City of Brooklyn City for review for compliance with Shingle Creek Watershed Commission rules. 9.Applicant must apply for a land disturbance permit. 10.Utility facilities easement agreement required. Prior to issuance of a Land Alteration 11.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. 12.The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 13.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. 14.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. 15.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. Anticivated PermiItin?j 16.A City of Brooklyn Center land disturbance permit is required. 17.Watershed plan review required. 18.A MPCA NPDES permit is required. 19.A demolition permit is required 20. Conditions specified by the City to meet the requirements of the Shingle Creek Watershed Commission must be met. G:\Engineering\Development & Planning\ACTIVE Development Projects\Luther 6849 Lot Expansion\Plan Reviews & Applications\Preliminary Plan Reviews\150619 Luther 6949 Pkg Lot Exp Plan Review Memo.doc Luther 6849 Brooklyn Blvd - Land Alteration Review Page 3 June 19, 2015 21.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 22.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 23. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. G:\Engineering\Development & Planning\ACTIVE Development Projects\Luther 6849 Lot Expansion\PIan Reviews & Applications\Preliminary Plan Reviews\1 50619 —Luther 6949 Pkg Lot Exp Plan Review Memo.doc [1 JH- o- A. 114 : 1 : =- I =-' Ct49 0 J z --H :'t ZZ cc --iI 'V NF ___ c:?4 r- ( Ld ) cc ____ - jL \ - H -' •-- '44 j-: = 1•.-911 •j''; Il•- if low n r i Ji 2O>Z fs n ' I 41,1. I 5 ;- - '>< ZZ r\r (221J Tim Benettii From: Robert H. Byers <Robert.Byers@ hen nepiri.us> Sent: Tuesday, June 02, 2015 11:12 AM To: Andrew Hogg Subject: RE: Luther Lot Expansion - 6849 Andrew: We are fine with the proposed changes - obviously we like removing the driveway entrance onto Brooklyn Boulevard. For paperwork purposes, we would be willing to issue a permit for the removal of the driveway at no cost to the developer. Thanks! Iwo Bob Byers, P.E. Hennepin County Transportation Planning 1600 Prairie Drive Medina, MN 55340-5421 (612) 596-0354 From: Andrew Hogg [mailto:ahogg@ci.brooklyn-center.mn.us] Sent: Monday, June 01, 2015 2:38 PM To: Robert H. Byers Cc: Tim Benetti Subject: Luther Lot Expansion - 6849 Bob, Attached are the documents for the preliminary plan review for the Luther Lot Expansion. If you have any questions please contact me. Thanks Andrew Hogg I Assistant City Engineer I City of Brooklyn Center 6301 Shingle Creek Parkway j Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenter.org 1763.569.3327 Direct I Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission rror and then promptly delete this message from your computer system. !LL5 N I I H .4 •:. 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'5b -o==-8.ffl -9 5 ;•9 22 CO(f• VVVVVV4 S H 1 E1J• OJ C)LU 2 -7 - 7 j J;' I = Nd w tug 11 M pit V V- 77 Hi / : I I' :i K = rFT*t L / OCO MH TR Pal CITE 7x tL EP- = -'7- - I r JH z2 9- * !1 IL P• 0 CP flil 62 ipi: !;! 2 2 2 2 2 222 -yp : 2 2 City Council Agenda Item No. lOa SISBJ[IJ I N I Dk'A L I ai 0) UI flJJiYA I DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^AIUW^P^ SUBJECT: Type IV 6-Month Provisional Rental License for 3701 69 th 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 3701 69th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09-30-2014 The previous rental license expired. 11-13-2014 The Owner, Paula Virshek, applied for renewal of the rental dwelling license for 3701 69th Ave N, a single family dwelling. 12-09-2014 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 01-15-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-26-2015 The $100 reinspection fee was paid. 03-09-2015 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 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. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. 05-07-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 05-20-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 05-21-2015 A $600 Administrative Citation was issued for renting without a license. 06-15-2015 A Mitigation Plan was submitted. 07-01-2015 The Mitigation Plan was finalized. 07-06-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld July 13, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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 ]'l'I!ssioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ii[I1IA[iJ I I I Dk'A U'A I Dk'A (1) 1I t1IJ'A I 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. 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. 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 4. License Category Criteria. a.Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 11-2 units 10-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 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 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 Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0 25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust :prc,pe rty Address: 3701 '39th Avenue North Brooklyn Center, MM 55429 Owrters Name(s) Paula Virshek I_C • Agent's Phne: 952-470-8888 • Autt's EmaU P.irfliti Fvr1rntinn 11 I - JJL1 ULA : ;N R)Mft from toreri License Expiration 03/31/2015 vss BUILDING AND COMMUNITY STANDARDS C ya1 XROOKLYN Rental License Mitigation Plan Type IV License -fiictwrI11en Mitigation Pians will not be accepted A form can be found on the City's website at vAw4cityoflarooklyncenter.org or calE (73) 56-3330 to have an electronic copy sent to you via email, Based on property conditions and/or validated police nuisance incidents, the above reierencea property qualities for a Type IV-6 Month Rental Llcene. Prior to application approval by the City Council a fully completed Mitig8tion Plan must be completed 'and approved by City staff. A Mitigation Plan must be completed immediately In order to ensure tiniely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct Identified Violations and the measures thatwill be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall cortdiliori5 of the property. It 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 expiralion 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 & Page I'm Te IV RLkn J1AWg&Vvn PIii v. 44-15 cyncflteror 3cI1 Shingle Creek Pafkway r IynCiner. Mr 543O-219! j Phori:(7G3) O1J I TTY711 I Fax:(7)a-s360 BUILDING AND COMMUNITY STANDARDS ty ofX1KLYN 37 69tl wnye N c rtii Rental License Mitigation PlanNTER Brooklyn Center MN Type IV License Sections A—Crime Free Housing Program Requirements Phase I j1) use avri1ter tease agreement. The lease agreement shell 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. 2) Agree to pursue the termination or tease agreement or eviction of tenants who violate the terms of the lease or any addendums. ) Conduct criminal background check for all new prospective tenants, lit is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 4) Attend a City approved eight-hour Crime Free Housing training course Information for approved courses can be found at wwwmncpa,net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted ,- 4t Crime Free Housing Lralnng was completed anus scheduled for: I '7 fti) I Owner or agent attended/is planning to attend training at city of: 5 Submit Monthly Update by the 10111 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-tip Security Assessment, call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security Improvements have been implemented. If a Security Assessment has been previously completed, vitite the completion date, - Security Assessment was completed orths scheduled t6 - Security Assessment follow-up was completed on!is scheduled for: Contirtuô Sections A, Phase Ill on page 3.. P.tje 25 Type VRn JLken, MiUgaiipn P, Rev, 4-14-t5 City of Brooldyn Cene - I1cUg an d Von1munhty9tam1ard paxtent vbrodlt&LoO 3O1 Shingle Grk Frkw/, BkIyri CW, MN 43-219 1 Phone: V6Ee-330 I TTY: 711 l FX (73) S89-5O BUILDING AND COMMUNITY STANDARDS City of -BROOKLYN 3701 69th Avenue NQth, Rental Licen s e Mitigation PlanCENTER Brooklyn Center MN 55429 Typ o I V License Sections A—Crime Free Housing Program Requirements (coiflThued) Phase UI [ 1) Owner or agent will attend at minimum 50% 2) of the ARM, meetings. The AAM, mootings must be completed Within the rental license poiTod and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Wilte two meeting dales on owner or agent plan to attend. Owner or agent will attend A.R .M. meetings heduied onjL{ and 13ft 0 fl^/2) Have no repeat code violations previously documented with Me past year. The following actions are required ior properties with four or more units. 1)Conduct resident training annually that includes crime prevention techniques. 2)Conduct regular resident meetings. Page O'O 1VP flfRen!I Lke.e Ifr Plan, Rev, 4-14-15 City *f Brooklyn Ctliter—Building and Community Standards DepWmoitt V&Av.dtyQfbrwN1ynoenter.otg 6301 Sh i ngle Creek Parkway, Brooklyn Center, MN 5543-21 Pflne (763) 03Z30 J TTh 711 1 Fax: (763) 9-336O BUILDING AND COMMU?WIT STANDARDS Cityf BROOKLYN 3I011189lliAyerjueNorLh Rental Uconse Mitigation Plan Type lv LlcensG Sections B—Long Term CpltaI Improvemi Plan Based on condition and age, estimated replacement dates need to be provided for common capital Reins. Funding shoUld be conSIdered ccord[ng1y. Ftemtht are broken, worn, or otherwise in violation prior to the estimated repIcernent date need to be replaced sooner, All items must have date for Esimatad 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 rnanufreIindu&by recommendations. Additional information on Expected Useful Life can be found atwwwhud,oy, Item Date Last Replaced Condition',Expected Replacement Date ExaMpla' Water Heater p.:jay Furnace Fall 2000 F Fall 2020 Water Heater Summer 2014 N - Winter 2025 Kitchen Appliances Summer 2005 G Summer 2020 Laundry Appliances Winter 2015 N Spring 2025 Smoke Alarms;- -Spring 2015 N Spring 2016Carbon MonoxIdeAlarms Exterior Items Paini/Sidi rig F Sum rnor 2017 Windows Original F Spring 2017 Roof Summer 2005 G Summer 2025 Fence Original F Fall 2017 Shad NIA N/A N/A Garage Original F Summer 2017 Driveway Ori g inal F Summer 2018 Sidewalks Original F Summer 2018 Other Condi1ion AbbrCvi91ion: NewN OocxiG Fir=F Needs Repicernn=R Page 416 Type IV ke'& Lkie g P/. ie 414-15 City of Bm3lklym Center --Buil -ttr Dihneit 3O1 Shingle Ccek Packy, Ekti Center, MF f5130-2O Phone: (7) 34O I i1Y 711 I F3x; l7G3 331J BUILDING AND COMMUNITY STANDARDS citUf yN rok?nCenterMN North 55429 Rental License Mitigation PlanCENTER Type IV License SecUons C —Sieps tci Improve Management a!id Conditions of Property The Items in this section have been proven to assist with property management and properly Image. The following actions are required 1)Check-in witti tenants every 3U-days. 2)Drive by property to check for possible code violations. 3)evict tenants in violation ol the tease or any addendurns. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the Ci(y. U 5) Other: The following actions are optional unless required by the City. [1] 1) Provide Jawrifsnow service. 2) Provide garbage service. [] 3) Install SeCUdtiJ system 4) Provide maintenance service plan for appliances. Name of service company; U 5) If the Type IV Month Rental License is approved by the City Council, the licensee must comply With the approved Mitigation Pian and all applicable City Codes. A written report must be submitted by the 10' day of each month with an update of actions boing taken by the owner andlor agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A iillable form can be found on the Citys website at www.eltyofbrooklyncenter.org or call (763) 59-330 to have an electronic copy sent to you via email, Please attach addi6onal Information if necessary. page Type WRenfa r Lin Migbn P?ri, Cfty 4cyi C to—iThlinq and CmmnEity, $Iandards DImeit vAvvcl[yoflwokynen19r.or 6301 Shingle Cm2k, Parhvay, Brooklyn CeR1ecMN543O-2I5Ei I Ph 5;i7} 3-33o I TTY:711 j Fac(7635I) BUILDING AND COMMUNITY STANDARDS XBRC&&LyN 3701 69th Avenue North Rental License Mitigation PlanCENTER er,,MN 55429 Typo IV License Sign and Verify I verify tht all infomiation provided is true and accurate I understand that if I do not comply with the approved rvlitigation Plan, comply with all items within the license period, or operate beyond the license expiration date r enforcement actlons such as citations, formal complaints, or license review may result, OiererAui! Name and Ti1I& (Ffe2sa Print) QweYo 4giit 5wr Data Addi& (If AppJIIe, PIe& PI!)W Sp2!w (1!App/icbIe) Date Ci(yaff Oniy /q?. --/ t /I, " Pyc eniert ikii id Community Standards Dopai1rieir L,Jc(i1 ti Page &3 Type fl/RnraJ L'e M( ri Pie-n, Rev, 41445 City of Brooklyn Center—Bnilcling and Community Standayde Depaiinnt 6301 S1lnIe Creek Prk/tay, Brollyn Center MN 54O 1B9 I rhoi ?63) 3-33O I TTY :711 1 Far (Th3) 6-336O City Council Agenda Item No. lOa #2 [S1IJ[iJ I fl I U W4 U I *hYA 0] IiSJ I DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5740 Irving 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 5740 Irving Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-27-2015 The Owner, Sean and Melissa Rahn, applied for renewal of the rental dwelling license for 5740 Irving Ave N, a single family dwelling. 04-03-2015 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 04-30-2015 The previous rental license expired. 05-05-2015 A second rental inspection was conducted and passed. 05-14-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust COUNCIL ITEM MEMORANDUM 05-14-2015 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. 06-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 13, 2015. 07-07-2015 A Mitigation Plan was submitted. 07-07-2015 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year I 1-2 units 0-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 1-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 1 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 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clewz, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year No Category 1-2 0-1 Impact 3-4 units 0-0 25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than l , 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Attachment - Mitigation Plan -Applicant Letter Mission: Ensuring an attractive, clean, safe, inclusive coiniluinity that enhances the quality of life for all people and preserves the public trust JUL T1I11,DING AND COMMUNUY STANDARDSCity of BROOKLYN Rental License Mitigation PlanCENTER Type IV License Handwritten Miti9atJon Plans will not be accepted. A fillable form can be found on the City's website at w wdtyofbrookiyncentenorg or call (763) 569-3330 to have an electronic copy sent to you via email. Property Add ress 574() lr.iing Av N Owner's lame(s): Ssn and Melissa Ralin Owner's Address: 048 122ii LN NWCoon Rapids, MM 55446 Owner's Phone: vea e0-41 Owners Email: hn2e60iyeh00co11 Current Expiration Date: 41Q/15 Local Agent(s): Agent's Address: Agent'n Phone: Agent's Email: Pending Expiration Data: iorsiJt (Six monthe fim current ei*atiofl) 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 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 des, A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property, lithe Mitigaon 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 submittln, fill-out Sections A, B, and C located on pages 2 3 4 and 5. P.vd 116 TypG JVRie Ui]sa Mkhga fbftPkrn Rev. 4-14-15 City of BrklynCnnt—Bn[Ldinq and Coirnuwdty Slandards Depart-et ipfl]ronQntr.Tg 6301 SJiin g re Creek Piicway, BrQukirL Crtr, Mt4 5543O-21 I Phone: (763)5n-3330 I TTY: 711 I F f7634 569-5O BUILDING AND COMMUNITY STANDARDSof 574BRObKLYN 1° Irving Ave N Rental License Mitigation PlanCENTER L Type IV License Sections A-Crime Free Housing Program Re quirements Phase I L?1 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lao Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendurris. 0 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant anew background check is not required. Must be able to provide documentation to City if requosted. fJ 4) Attend a City approved eight4iour Crime Free Housing training course. information for approved courses can be found at www.nincpa.net under the Training and Events tab A copy of the Crime Free Housing Certificate must he attached to the Mitigation Plan when submitted, Crime Free Housing training was completed onus scheduled for: Owner or agent attended/is planning to attend training at city of., 3roold3m Park j 5) Submit Monthly Update by the 10' day of each month. Phase 11 EZI 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) 5693344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date, I L likLTV I / fi/Jt 4f ti ' I Security Assessment was completed on/is scheduled for: l 1' lj ' Security Assessment follow-up was completed on/is scheduled for imp-k1 1i1trContinue Sections A, Phase Ill on pe 3 Pg.e 216 Type N Rantaf L!sr Plart, Fe 444-15 CU7 ef Erqak1yi Cent erBilMng and Community SUmdardt. DeparInt 630 Shingle Creek Parkway, Bwcklyn Genter, MN56430-2199 I Phone; 763) 5634330 I Th' 711 I Fax: (7&S) 69435O BUILDING AIND COMNI( STANDARDS - bILYN 574D lrvfrg Ave N I RGI-IIaI License Mitigation PlanCENTER Type IV License Sections A—.crime Free Housing Program Re quire ments (continued) Phase Ill [j 1) Owner or agent will attend at minimum 50 1% (2) or the A.R.K. meetings. The &R.T1. 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 sFgri-iri during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: 719/15 50 0110115 7j 21 Have no repeat code violations previously documented With the past year. The following settons are required for properties with four (4) or more units [] 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings. Pane ae Typo IV Rental Licee MWgfkin Pion, RoV 4-4445 city or.BrookIYA C t*—Bufl-tug and Community standaxds Department wMvciIyobroklyncenter,Qrg 6301 Shnle Crok PorkwBy toyn Center, MM 554O-2I9 1 Phone -.(763)563-3a30 1 1T: 711 I Fac (763) 536O Condition* Expected Replacement Date F May 2020 OCL 2025 C October 2036 0 2024 and 2027 N/A N Jariiary. 2017 G Ocobs'2019 0 Oc4ober2ale C -Ocober2D24 o OcJ.ober20t9 F Peiri&iding Oct209 O September2025 BUILDING AND COMMUNITY STADARDS Cf yoBROOKLYN Irving Ave t CENTER Rental License Mitigation Plan Type IV Ucense Sections B—Long Term Capital Improvement Pla n 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 es timated 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 1=kenl 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 manufacture/industry recommendations. Additional information on Expected Useful Life can be found at whud.gov . Item Dale Last Replaced Example., Wer Heater May2OfO Furnace MechanIcals 2005 Water Neater October 2011 Kitchen Appliances Rn 0 DW 2015 Laundry Appliances N/A Rnr Provided Smoke Alarmsf Carbon Monoxide Alarms January 2015 Exterior I le ms paintf-siding OcthbCr2014 Windows October 2001 ROOf October 2001 Fence July 205 Shed NIA Garage 1955 Driveway Sidewalks Other; *C oR dit iQn Abbreviations:New--N Good=G FairF Needs iepcerneri1R F,q get Type IV RoMalL?ceise MUrji(kie Platt, R e v. 4-1445 City *f$ wc1yn Cente u11Iig and Community Standards Department wvNd.d1yofbMk1ynuenter.orq 6301 ShIngle Creek Frly, Beekrn Cenrr, tlt1 450-2159 I Ph: (7E -Q 1W; 711 I Fax; (73) &•550 BUILDING AND COMMUNITY STANDARDS )OKLYN I XCE Rental license Mitigation PlanCENTER Type lVLicense Sections c—Steps to Improve Maiagement and Conditions of Property The items in this section have been proven to assist with property management and property image. The following actions are requlred FV 1) Check-in with tenants every 30-days. 2) Drive by property to check for possible code violations. D 3) Evict tenants in violation 01 the lease or any addendurns. 4) Remain current on all utility lees, taxes, assessmerits, fines, penalties, and other financial cla[melpaynients due to the City. LII 5) Other The following actions are optional unless required by the City. L 1) Provide lawn/snow service. Q 2) Provide garbage service. 3) Install security system. [J 4) Provide maintenance service plan for appliances. Name of service company: - 5) Other: If the Type 1VJ6 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 10" 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 City's website at www.cityofbrooklyncenter.org or call (763) 559-3330 to have an electronic copy sent to you via email. Please attach additIonal Information If necessary. Pago 518 Type IVR nf,71 Vcei?w.VWgaT1bn Pin Rev. 44445 City o!BroIdy u id1din in utySau8ds Dparirnett $O1 5I1rnee Cr Parwy Brool4n Cent P15543O Pacm (1583-35& J TTY ;711 I Fc(783)58 1350 BUILDING AND COMMUNITY STANDARDS ityof 74Okving Ave Rental Ucense Mitigation Plan !CENTER -. Type iv 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 withrn the 'icense period, or operate beyond the 11cense expiration date s enforcement actions such as citations, formal complaints, or license review may result. Sean Rahn OwherorA gent Name and Me e Print) --aozZoal— - --- 6iI2O15 Owner orAnI SnWre Dale Melissa Rahn Addition al Owner orAgmt Warne ard flUe (if App abt, Pleasø Pnnt) nfl.kj? ftkCLJ'___ A ddition al OwnerirAgQnt Sign ature (ifApp&abIe) Date City Staff Only Qj PQ?ie Department Date Page &6 Type IV Rental L!cen Mi'ligalionFJ7, Rvv, 44415 City ufrchIy a-ad Crniuti' gtamdarcls PeparimtM vew-vdtyQfbrook1yncenW.org 6301 S1ingte Creek Prkwy. tcikIrn Cooler, MN 5540-19 1 Phone: (7G) a-33 J fl': 711 I Fa {73) July 06, 2015 Mayor Tim Willson Members, Brooklyn Center City Council 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2199 Re: 5740 Irving Ave N - License 101008175 Dear Mayor Willson and Councilmembers, lwrite today to express concern and disappointment with burdensome and unreasonable requirements of the type IV license requirements given our particular circumstances. I regret that I cannot be with you at your council meeting on July 13th due to work related travel. My husband, Sean Rahn, and I own the property referenced above. We began renting the propertyto my sister and her husband in March of 2013. At the time our initial license was granted, we were provided a type II license. At the time of our initial license, a crime free housing addendum was signed and submitted by our renters. Since being granted the license, our property and renters have generated zero police calls and/or complaints. At the time of our license renewal, the Friday, April 3 rd inspection uncovered 11 minor violations. All of these minor violations were remedied before the re-inspection on Tuesday, May 5th The vast majority of these violations existed before our initial inspection in 2013 and was unidentified in the initial inspection. I would mention as an example that a basement laundry sink pre-existing the 2013 inspection was in April the source of three code violations, apparently violating one code twice. The Council should consider addressing what is clearly an inconsistency in the processes of residential rental inspections. Since the City license category criteria regarding property codes are strictly based on number and not on the seriousness of such violations, the City equates minor code violations such as a missing window crank, juvenile trees growing in otherwise well-maintained landscaping and a missing globe on a basement ceiling light fixture as equal to one Part I crime such as homicide, rape, robbery, aggravated assault, burglary, theft, or arson. The above mentioned basement laundry sink itself is considered equal to a Part I crime. The Council should consider whether minor code violations individually should be equal to one-third of a Part I crime. In addition, the Council should consider whether any relief should be given in the counting of these very minor code violations when they are promptly remedied. It is our position that a mitigation plan seems burdensome in and of itself when nothing remains to be mitigated (again, all minor code violations were remedied before the second inspection). That said, we had expressed in our initial mitigation plan submitted to staff on June 10th (outlined first by email on June 2nd without response) that we would willingly participate in the requirements of the type IV license that address building and community standards, including monthly updates, a capital improvement plan, and attending ARM meetings as required. At the time of this letter, we have met with the City staff (May 281h) and based on what seemed like a willingness to work with us, submitted an outline of what we would include as part of a paired down mitigation plan by email (June 2", no response from the City). We therefore submitted our initial mitigation plan as outline previously (June lOth), and the first of the required monthly updates (June 1Qth) Since we discovered staff was planning to recommend denial of the mitigation plan and the rental license, we have amended ourJune 10th initial mitigation plan to comply with the unduly burdensome public safety related requirements. However, we would request the Council consider granting relief from the public safety related requirements of the type IV license that are unduly burdensome to our renters and to us as property owners of a home that has not been of public safety concern. Specifically, the requirement to attend an eight hour crime free housing training course is unduly burdensome in terms of cost and lost work time considering we are single rental property owners and have not had any police calls. The security assessment, potential security improvements required as a result, and the follow-up assessment similarly are burdensome in cost to us and inconvenience to our renters given that security has not been an issue at the property As I mentioned, we have filed a mitigation plan that will comply. However, the ordinance clearly allows for flexibility and consideration by the Council (12-913 (4.)). We appreciate the thoughtfulness of the Council on this matter. We look forward to your decision on approval, disapproval or approval with conditions of our mitigation plan and license. I would add that staff was very accessible and professional; however, the inflexibility of the ordinance appears to restrict their ability to make accommodations should they find them reasonable on a case-by-case basis. We recognize that it is in the best interest of the City and its residents to protect the public health, safety, and general welfare of the people of the City. We appreciate your time and consideration. I can be available to discuss this matter further at your request. Best, N Melissa Rahn (cell) 612.408.9057 City Couiidli Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk i )Mw 4wtK SUBJECT: Type IV 6-Month Provisional Rental License for 6901 Quail 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 6901 Quail Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-28-2015 The Owner, Prosperous Property, LLC, applied for renewal of the rental dwelling license for 6901 Quail Ave N, a single family dwelling. 04-13-2015 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 05-14-2015 A second rental inspection was conducted and passed. 05-31-2015 The previous rental license expired. 06-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an allied/ye, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [iII1PJ(iJ I N I I MhYA U'A I Ih'A (I) t1WI WA'A I 06-04-2015 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. 06-16-2015 A Mitigation Plan was submitted. 06-22-2015 The Mitigation Plan was finalized. 07-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 13, 2015. If approved, after six months, a new rental license is required. The license process will begin within 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1IJ(iJ IU I I Jk'A U I (I] 1I 1IJhA I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. II'Iiss!oiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EWJ[1 I fl I V ak'A I I Dk'A (I) 1IflhJk'i Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserL'es the public trust BUILDING AND COMMUMTY STANDARDS XOKLYN NTER Ren License Mitiatlon Plan Type V License Handwritten Mitigation Plans will not be accfled. A fillable form can be found on the Citys website at wwcityofbrooklyncenter.crg or call (763) 569-30 to have an electronic copy sent to you via email. Property Address: 6901 OuIl Avnie North Owner's Name(s): Prnaperous Prorty LLC Owner's Address: 4132O lsrr Lwie North MpIe Grove, MN 55369 Local Agent(s): Xan tin Agents Address: 8328 B2Iarn Lane NorthMaple i3rnve MN 65369 Owner's PhOI1O 612.450..5565 Agent's Phone: 6i2-46OS65 Owners Emait None Agents Email' Y1ifl885(9rnai1 corn Current Expiration Date ) ç (/kpendin g Expiration Date f(Sb flOñth te - Based on property conditions andfor validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License Prier to application approval by the City Council a fully completed Miligation 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 compltance with City Ordinances and applicable codes, A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property. ]lithe 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. floforo submUng, fiIlout Sections A, B, and C located on pages 2, 3,4, and S. Page ,v Fth& Lict ase MfWga Plan, v 4145 'City of Brooklyn c tt—itkthj and COntrriuntty glandayds IerI]unl ww yncentror 3O1 ShinIe Crgk Prkv, U ood Corr. MN 645O-2i I Pliofle: f7L3) 553-3330 I 1W: 71 I Fax: (753) Ea9-336i BUiLDING AND COMMUNITY STANDARDSCity 601 Quail Avenue North Rental License Mitigation PlanCENTER Type IV License Sections A—crime Free Housing Program Requirements Phase I liZ! 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 Plan When submitted. J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. Z ) Conduct criminal background cheoR for all new prospective tenants. If it is a current tenant a new backropnd 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 ran be found at wwwrnncpa.net under the Training and EvenIs tab. A copy of the Crime Free Housing Certjflcato must be attached to the Mitigation Plan when submitted, Crime Free Housing training was completed on/is scheduled for: 2117111 Owner or agent attended/is planning to attend training at city of 5) Submit Monthly Update by the 10 day of each month. Phase 11 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) 6-344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented, If a Security Assessment has been previously completed, Write the completion date. Security Assessment was completed on/is scheduled for 6123 Becky Security Assessment follow-up was completed on/is scheduled for: WIthI O dog Continue Sections A Phase lit on page 3. Page 2Th Type W Rgolal Libonse kkigalh3n Plan,4444 City ofEruciklyn (ete—Thffldiiçj and C 11t1ii1y 5tantaxs Depa4inenl .d1yobøJnrror 6301 S11ird CT2Ck Prkwy, Orock1n Center, Mr4 402159 I Phone: {73) E53-230 I TTY; 711 1 Fx (755) 5610-330 BUILDING AND COMMUNITY STANDARDSCityp - NrthBROOKLYN Rental License Mitigation PlanCENTER Type IV Liconse Sections A—crime Free Housing Prorrn Requirements conthwed) Phase HI f 1) Owner or agent will attend at minimum 50V0 (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 during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent witi attend A.RM. meetings scheduled on: and0 j2) Have no repeat code Violations previously documented with the past year. The following actions are requTred for properties with four (4) or more units. fl1)Conduct resident training annually that Includes crime prevention techniques fl2)Conduct regular resident meetings. Fe 3/5 Typ e JVotfLkw j Van, Rev. 44445 City of M roaldym Cenlor—Bmfl ding attd Community gtandw& Department wd'cItroUnconter.or9 6301 Sh ingba CrEek Pavç Br6oklyn Center, MN 5430-21 I Phoi (783) 503-3330 1 Tfl 711 1 Fax; (763) 3360 BUUDING A14D COMMUNrrY STANDARDS 6901 Quail Avenue North Rental License Mitigation PlanCENTER type lv License Sections 13—Lang Term Capital Improvement Plan Based on condition and ace, 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 Repicicrnent mete. bates such "unsure", 4 40n 1 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 manufacture/industry recommendations. Additional information on Expected Useful Life can be found at wwhudgov. Item OMo Last Replaced ondlt1on* Expoctd Replacement Date Ean1p/e: Water Heater May 2010 F May 2020 Furnace Within 10 yrs 0 2020 Water Heater 2018 Kitchen Appliances M a y 2015 N 2019 - Laundry Appliances Smoke Alarmist Carbon f'.lonoxlde Arms 2012 0 2022 Exterior Items Paint/Siding Ap6120j$0 2018 Windavis,2012 G 2035 Roof Unknown 2025 Fence Unknown o 2025 Shed None Garages UnkncT1 0 2040 Driveway UflkflWri -G 2035 S[dewalks Other: Qondit[an ?thbreiatkns;GoodG FairF Needs ReplacenientRNewN Fa 4/5 Typ WRaIiUcari Mt&o Pian. Rev. 444-16 City efBruoklyn Center—Building nd Crnrtiunity Stadard DeThie1 3EII 5hirgI Grk Prk.'y, BrookI Center. MN 55 0-21Q [ Fhone(75) 54330 I TTY 711 I BUILDING AND COMMUNITY STANDARDS ERC 6)Ut Quail Av e nue North Rental LIcenSe Mitigation PlanCENTER Type 1VLense Sections C--Steps to Improve Managem e nt and Conditions of Properly The Items in this section have been proven to assist with property management and property image. The following a ctions are required: 1)Check-in with tens rts every 30dys. 2)Drive by property to check for possib l e code vioIations 3)Evict tenants in vi o l a tion of the lease or any addendums, 4)Remain current on all utility fees, taxes, assessments, fines penalties, and other financial claims/p a yments due to the City.F] 5) Other: The following actions are optional unless required by the City. 1)Provide lawnlsnow service. 2)Provide garbage service, 3)Install security system, 4)Provide main t enance service plan for appliances. Name of service company; 5) Other: lithe 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 submilted by the I01h 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 City website sty w.cityofbrooklyncentercrg or call (763) 56-30 to have an electronic copy sent to you via email, Please attach addiUonal information if necessary. p T 'V Ro&JLioes tLt Rev. 4-14-15 City of B rooklyn GE^rtter—)I uilding and Cornmu rtily Standards De p ariTne nt $301 ahinnIe Creek Parky, kn ntEr, MM 40219 Ph o ne: (7) -O 1 TrY: 711 I Fc (753) 53O UII* T—BROOKLYN BUILDING AND coMrnJNITY STANDARDSCity of CENTER 'cfo ( Rental License Mitigation P lan Type IV License Sign and Verify I verify that all information provided is true and accurate, P understand that if I do not comply with the approved Mitigation P'an, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result, )cw\ LA thvmr orAgnt Nama and TiTh (Pis /Date Addition al Owner orAgerlNanie and TIUn (if Applica ble, Phase Priflt) Addi&m! Owner4rAgent Sig nature (if App!ic3bI) Date !ty Staff Only & Palkq DeJ}1tnl J't Pgd mwnhty Standards Dpwtrrer! 6 L^ ^-/dJ IF Date / DatG paga &5 IV RorOILC OSs A-162afibn Plan, Rey, 4-14•15 Cily ofrrn1yn Ce n te r —Balldtn and C6mm tmity St andardsDepa r tment 01 hlngle Crea k Fork'ay, Brooklyn Center, MN 5543U-215 I Phone: (76) 30 I TTY :711 I Fn 75) -3O City Council Agenda ]Item No. An #4 COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4407 66th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4407 66th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on February 24, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on six (6) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 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 ilfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 03-16-2015 The owner, Sarah Bateman, applied for renewal of the rental dwelling license for 440766 th Ave N, a single family dwelling. 04-22-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 06-01-2015 A second inspection was conducted and failed. 06-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-04-2015 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. 06-11-2015 A $125 Administrative Citation was issued for not meeting submitting a mitigation plan. 06-22-2015 A Mitigation Plan was submitted. 06-30-2015 The previous Type IV Rental License expired. 07-01-2015 The Mitigation Plan was finalized. 07-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 13, 2015. Prior Type IV Rental License approval activities: 10-22-2014 The owner, Sarah Bateman, applied for renewal of the rental dwelling license for 440766 th Ave N, a single family dwelling. 11-12-2014 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 12-19-2014 A second inspection was conducted and passed. 12-31-2014 The previous Type IV Rental License expired. 01-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-03-2015 A Mitigation Plan was submitted. 02-15-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Previous Type IV Rental License approval activities: 03-05-2014 The Owner, Sarah Bateman, applied for renewal of the rental dwelling license for 4407 66th Ave N, a single family dwelling. 03-14-2014 An initial rental inspection was conducted. 17 property code violations were cited, see attached rental criteria. 05-06-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-05-2014 The $100 reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community tlI(lt enhances the (J11(tliI)' of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 06-30-2014 The previous rental license expired. 07-14-2014 A third inspection was conducted and passed. 07-23-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-18-2014 A Mitigation Plan was submitted. 09-19-2014 The Mitigation Plan was finalized. 10-01-2014 A letter was sent to the owner notifying that the hearing before the Council will be held October 13, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and 13'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. TIission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people anti preserves the public trust [EI1J[iJ I U I V Ik'4 U I DK'A (I) 1II WJiY I 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 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 I Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 4407 66th Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances (lie quality of ilfe for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4407 66 ' AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4407 66th Ave N, was issued a Type IV Rental License on February 24, 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 4407 66th 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 4407 66 th Ave N, Brooklyn Center, MN. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 11Andw4ten M15gaiion Plans will not be accepted A tillable form can be found on the City's website at WWWdtyOtbrO0k1yflCenteFMfg or call (753) 509-3330 to have an electronic copy sent to you via email. Property Address: 4407- 66th Avwue NorthoGidyti Cntr, MN Owner's Name(s): 5arh Bateman Owners Address: 620 Fripnce Averwe SouthEdina, MN 55410 Owners Phone; (952) 2O235 Owner's ErniI: Current Expiration Date: 'DJ 3c Local Agent(s): Agent's Address: Agent Phone: Agent's Email: Pending Expiration Date: iij1 $-4 $1 manihs frn current opUaflon) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type 1V-6 Month Rental License. Prior 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 wfth City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and Identify possible solutions to improve overall conditions of the properly. If the Mitigation Plan is not submitted, and all items are not completed within the pending license pei1od or the above properly 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. F 1/ Type W Renfol Lk e nse MR V0on Aan, fev, 44415 City ofBktyn c —utLdtii Co nty Standards DePaYtIMOM MorroJyncentr.c(O 001 5hlr11? Creek Parkway, BrQc&]gi CEner. MN 55430-2109 1 Phone: 3)- I TIY: 711 Fax:(73) BUILDING AND CONIY STANDARDS OOIYN Brooklyn 'r Rental License Mitigation PlanEMRType FV 1.1"nso Sections A—Crime Free Housing Program Requirements Phase !I 1) Use a written lease agreement. The lease agreement shell 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 submlttod fJ 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addaMums 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant new background check is not required. Must be able to provide documentation to City if requested. 4 Attend a City approved eight-hour Crime Free Housing training course. information for approved courses can be found at vmv.rnncpa.net under the Training and Events tab. A copy of the Grime Free Housing Certificate must be attached to the Mitigation Plan when submItted. Crime Free Housing training was completed on/is scheduled for t18114 • Owner or agent attended/is planning to attend training at city of Xj' E1114 5) Submit Monthly Update by the 10th day of each month. hasel 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) 569-44. A follow-up assessment must be completed before the license oxpiration date to verify the security Improvements have been Implemented. if a Security Assessment has been previously completed, write the completion date. SecurilyAssesament was completed onus scheduled for: _ Security Assessment follow-up was completed on/is scheduled Continue Sections A, Phase HI on page 3. P& 2'S 7e IV Rental Lfn Mb5w Plan, I, 44445 City of Brooldyn C -13nilling an1. Community ani1axc Dpdment $01 &hlnde Ceek ParkNNuy,artyn center. Mr'J 5543D-21 90 1 Phone: (763) 563333o 1 TTY: 711 1 Fax' (763) 63360 ANNEW BUILDING AND COMMUNITY STANDARDSP" Y 4411? 66th Avenue NoithBROOKLYN erooktyn Certsr, MN Røntal License Mitigatiort PlanCENTER . - J Type IV Licenso Sections A—C,ime Free Housing Program Requirements (continued) Phase IH jJ 1) Owner Or went will attend at rn1n1mur O% (2) of the A.R.M. meetings. The ARM meetings must be completed within the rental license per!od and betoo the pending Type IV License expiration date. Registration is not reqli(ed, however you must sign -in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: V115- _________ E1 2) Have no repeat code violations previously documented with the past year Th feIEriwig actions ara- req uinxt for pi-opQrtios with four {4} or more irnit, 0 1) Conduct resident trainIng annually that includes crime prevention techniques. J 2) Conduct regular resident meetings. - 7)q IVe !Litejie 0q iUy4jjq0n pjan, Rm 44445 City f Boo1ciyn Cn x—Bui!4Lg and Corn itytandar4i JpattoW 0501 56ireekPryo cenLM83Q21 Phc: -330 TM 711 J F 3)t430Q BUILDING AND COMMUNITY STANDARDS Rental License Mitigation PiaIOOKLYN I° Sections BLong Term Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common cspIta 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 msnufacturelindustry tecomrnendauons. Additional information on Expected Useful Life can be found at v?wwhud,gov. Item Example Water Heater Furnace Water Heater Kitchen Appliances Laundry Appliances Date Last Replaced May 2010 dont riow n'ticnow doni know none Condition* Expected Replacement Date F May 2020 2040 2025 2025 Smoke Alarms[ Carbon Monoxide Alarms 2015 Exterior Items Paint/SkiIng 2012 WrIdOWS dIuiIknow Roof don't know Fence dont know Shad none Garage don't know Driveway dont knew Sidewalks dunt know Other: *Condition Abbreviations , It$ GoodG FirF tIeds ReplacenientR P 41 - Type IVReri) Lioen AMWfkm PYan. Rev. 444-15 Ciofroiky Confty—BuUMAg aAd CoMrdunity tandrd Dqattnent 01 Shingle crk PIW oakIyn Cent'ar, MH 5S430-2 19 1 Phr: (75) 63-3330 I 1T{: 711 I rac(Th3) 5i-60 2020 2050 2030 2060 2090 2090 BUILDING AND COMMUNITY STANDARDS =L bLYN erur, Rental Mitigation Type IV LfcQnsoCENTER Sections 0—Steps to Improve Management .end Conditions of Property The Items in this section have been proven to assist with property management and property image. The following actions are required; [J 1) Check-in with tenants every 30dys. [] 2) Drive by property to check for possible code violations. ) Evict ten Ents in violation of the lease or any addend urns, [] 4) Rema in current on all uIy fees, taxes, assessments, fines, penalties, and other financial clainislpaymenls due to the City. ) Other. The following actions are optional unless required by the City. [J 1) Provide lawn/snow service. 2) Provide garbage service. ) Install security system. [] 4) Provide maintenance service plan for appliances. Name of service company:.,.u 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 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 pane 7. A Pliable form con be found on the Citys website at w.cityofbrooklyncenter,org or call (73) 5694330 to have an electronic copy sent to you via email, Please attach additional information if necessary. Page 516 , Type IV ?Lir A#iTgbii Plan, Rev. 4444 City ofBilc1y Cente itn1 Cnuzu t1ada Dparthtit 3Oi 5hir1eCreekPer y,BrkIynC?rier14 3O-21 I Phane{7e3}.-33O I Tr(7n I BUILDING AND COMMUNITY STANDARDS 4407 -156(h Avenue NorihJTB&CLYN Q rooklyncr1iIMN Rental License Mitigation NanCMTM Type IV Lcens Sin and Verity I verify that a l l information vded is true and accurate. I understand that if I do not comply with theapproved Mitgeton ffn, comply with all items within the license period, or operate beyond thelicense expFraon date, enforcement actions SLICFt as citations, formal complaints, or license reviewmay rsuiL Qer crAgi Ne a nd T? (P1s FiThO IOir of ,1gnt S1rfttr k?c/— 5 Date nf TT#e (If App roi, Pease F^ino Addftknu QWrAi twe (I App) De city staff Q1y xy ci Police bparfrnert I tit-J-' B4jrk)'.1' and Com is- Date f& /6-_ De mtgo Type At MrfA, Piiri R *1446Oy-lyii r -BuIId.{ng aud Cnmiithy Sianard the5301 Shin g le crrr K PaA%kn Y, BraaklynOjm Ier, MN 554D-19 I Ph one , 763) M-$M 11Y 111 I F; ?5 0 -38o City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: July 8, 2015 TO: City Council FROM: Curt Boganey, City Manag1, SUBJECT: An ordinance continuing the Natural Gas Franchise Fees of CenterPoint energy Recommendation: It is recommended that the City Council consider adoption of the proposed ordinance on first reading and to schedule a public hearing for August 10th 2015 at 7:00 p.m. for final consideration Background: The Franchise Agreement with CenterPoint energy has expired. A new agreement has been negotiated and approved on first reading. On February 23' a hearing was held on the ordinance. The Council delayed second reading approval pending the adoption of a new fee ordinance. The attached fee ordinance has also been negotiated by the City Attorney and it continues the fee ordinance adopted July 23'd 2003. This ordinance is not adjusted at this time but it does provide an adjustment opportunity subject to review and approval as outlined in the Gas Franchise Ordinance. The City has a franchise agreement with Xcel Energy which sets a cap on annual increases of not more than 3% every three years. The language of the two Franchise Ordinances suggests that adjustments to one franchise fees should be comparable to any adjustments in the other. For this reason we will be proposing by separate ordinance fee adjustment for both Utility Franchises effective in January 2016. Budget Issues: There are no budget issues to consider at this time. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive colnlnunitj' that enhances the quality of lifefor al/people mid preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of 2015, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance continuing the CenterPoint Energy Resources natural gas franchise fee. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE CONTINUING THE NATURAL GAS FRANCHISE FEES ON THE OPERATIONS OF CENTERPOINT ENERGY RESOURCES CORP IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. RECITALS. 1.1. By Ordinance No. 2003-06, adopted on July 14, 2003, the City of Brooklyn Center, Minnesota approved a franchise for CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corporation (the "2003 Franchise Ordinance"). 1.2. Pursuant to the 2003 Franchise Ordinance, the City Council imposed a franchise fee on the operations of the franchise by Ordinance No. 2003-23 adopted on December 8, 2003, which ordinance, including the franchise fees imposed thereby, was amended by Ordinance No. 2009-02, adopted on January 12, 2009 (the "2003 Franchise Fee Ordinance, as amended"). 1.3. The City Council has adopted a new franchise ordinance for CenterPoint Energy Resources Corp (the "Franchisee"), by Ordinance No. , adopted on 2015 (the "2015 Franchise Ordinance"), which, upon becoming effective, will supersede the 2003 Franchise Ordinance. 1.4. The City Council finds that it is reasonable, prudent and in the interest of the public that the franchise fee imposed by the 2003 Franchise Fee Ordinance, as amended, be continued under the 2015 Franchise Ordinance on the same fee schedule as the 2003 Franchise Fee Ordinance, as amended. 1.5. The Franchisee has consented and agreed to the imposition of the franchise fee provided for herein and waived the dispute resolution process and the right to object to the fee provided for in Section 8 of the 2015 Franchise Ordinance. Section 2. FRANCHISE FEE. 2.1. Franchise Fee. A franchise fee ("Fee") is hereby imposed on Franchisee, under the 2015 Franchise Ordinance, as set forth in the fee schedule attached hereto and incorporated herein by reference as Exhibit A, upon the effective date of the 2015 Franchise Ordinance 1 453859v2 BR291-238 and the end of the Franchisee's obligations to collect a franchise fee under the 2003 Franchise Fee Ordinance, as amended, so that the collection of franchise fees will not be interrupted, all as approved by the Minnesota Public Utilities Commission. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Franchisee may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Franchisee combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Franchisee's manner of billing for energy used at all similar premises in the city will control. 2.2. Payment. The Fee shall be payable to the City in accordance with the terms set forth in the 2015 Franchise Ordinance. 2.3. Surcharge. The City acknowledges that Franchisee may choose to add the full amount of the Fee as a customer surcharge to reimburse the Franchisee for the Fee. Franchisee shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. 2.4. Proof of Customer Usage. Franchisee shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. Franchisee shall permit the City and its designated representative reasonable access to the Franchisee's records for the purpose of verifying such statements. 2.5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the 2015 Franchise Ordinance. Section 3. EFFECTIVE DATE. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ____ day of ,2015. Mayor ATTEST: City Clerk 2 453859v2 BR291-238 Date of Publication: Effective Date: 453859v2 BR291-238 EXHIBIT A CenterPoint Energy Gas Franchise Fee Schedule Class Fee Per Premise Residential $ 1.52 per month Commercial A $ 1.58 per month Commercial Industrial B $ 5.l5 per month Commercial C $20.60 per month SVDF A $51.50 per month SVDF B $98.88 per month LVDF $98.88 per month A-i 453859v2 BR291-238 CITY OF BROOKLYN CENTER Notice is hereby' given that a public hearing will be held on the 8 th thy of December 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek W Parkway, 'to consider a natural gas franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763-569-3300 to make arrangements: ORDINANCE NO. 2003-23 AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGAS CO'S OPERATIONS' WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby.amendedto include the following Special Ordinance. Subd. 1. Purpose. The Brooklyn Center City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 2003-0 6, a Franchise Agreement between the City and CenterPoint Energy' Minnegasco ("CENTERPOINT'), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee. A franchise fee ("Fee") is hereby imposed on CENTERPO1NT. under its natural gas Franchise as set forth in the fee schedule attached hereto and incorporated herein by reference as Exhibit "A" commencing with the CENTERPOINT January 1, '2004 billing month. This fee is an account-based fee on 'each premise and not a meter-based fee. In the event that an entity covered by. this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into .a single account, the franchise fee assessed to the account will be thó largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall 'be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any preniie, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The Fee shall be payable to the City in accordance with the terms set forth in the Franchise. 'Subd. 4. Surcharge. The City acknowledges that CENTERPOINT may choose to addIs the full amount of 'the Fee as a customer surcharge to reimburse the Company for the Fee. CENTERPO1NT shall provide to the City a copy of the proposed customer bill line item describing the. Fee thirty days before the first bill collecting 'the Fee is sent to customers. ORDINANCE NO. 2003-23 1 Subd, 5. Proof of Customer Usag. CENTERPOINT shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. CENTERPONT shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements; Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 8th day of December, 2003. ATTEST: A.. City Clerk Date of Publication: December 18, 2003 Effective Date: January 17, 2004 13 t 11 ORDINANCE NO. 2003-23 EXHIBIT A CENTERPOINT ENERGY GAS FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential $1.48 per month Commercial A $1.53 per month Commercial Industrial B $5.00 per month Commercial Industrial C $20.00 per month SVDF A $50.00 per month SVDF B $96.00 per month LVDF $96.00 per month CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12'h day of January, 2009, 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 amendment of Ordinance No. 2003-23. 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. 2009-02 AN AMENDMENT OF ORDINANCE NO. 2003-23, EXHIBIT A; CENTERPOINT ENERGY MINNGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE THE CITY COUNCIL OF BROOKLYN CENTER, IIBNNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS Section 1: Exhibit A of Ordinance No. 2003-23 setting the rates for a franchise fee on CenterPoint Energy for providing natural gas service within the City of Brooklyn Center is hereby amended as follows: EXHIBIT A CENTERPOINT ENERGY GAS FRANCHISE FEE SCHEDULE Class Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDF BLVDF Fee Per Premise $1.52 per month $1.58 per month $ 5.15 per month $ 20.60 per month $ 51.50 per month $ 9888 per month $ 98.88 per month Ssection 2: This ordinance amendment shall become effective for service billings by CenterPoint Energy prepared after March 31, 2009. Adopted this 12'h day of January, 2009. ,c / ATTEST: Mayor City Clerk Date of Publication: January 22, 2009 Effective Date: This ordinance amendment shall become effective for service billings by CenterPoint Energy prepared after March 31, 2009. (Strikeout indicates matter to be deleted, underline indicates new matter.) COUNCIL ITEM MEMORANDUM DATE: January 21, 2015 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Center Point Energy Gas Franchise Agreement Recommendation: We recommend adoption of the ordinance on first reading and to schedule a public hearing for February 23' at 7:00 p.m. for final consideration. Background: The Franchise Agreement with CenterPoint Energy has expired. We have continued to operate under the existing ordinance since June of 2013. The City Attorney has negotiated the attached ordinance initially proposed as a model ordinance by CenterPoint Energy. The ordinance provides that the City may impose a franchise fee pursuant to State law subject to review by the Public Utility Commission. The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance. The current franchise fee ordinance with CenterPoint Energy generates approximately $250,000 annually. The current franchise fee ordinance will remain in effect until amended. It has been Council policy to use the funds collected to help pay for the annual street reconstruction program. Budget Issues: The Franchise Agreement with Center Point Energy generates approximately $250,000 annually to support the street construction program. These revenues are included in to 2015 capital projects fund budget. Strategic Priorities: e Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive coinnuozity that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of February, 2015, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance granting a franchise to CenterPoint Energy in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-5693300 to make arrangements. CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO.____ AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Brooklyn Center, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., dlb/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. ORDINANCE NO. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN. 55340. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property that is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 21 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise, the City Council by resolution may either revoke this Franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. ORDINANCE NO. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, or if Company invokes this paragraph in a challenge to a proposed franchise fee, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATIONS OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways in accordance with Minnesota Rules, Part 78 19.1100. Company shall restore the Public Ground to as good a condition as formerly ORDINANCE NO. existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The City will comply with requirements of Minnesota Statutes, Section 216D.05. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules, Parts 7819.4000 and 7819.4100. 37 Emergency Response. As emergency first-responders, when a public safety concern exists both the City and the Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules, Part 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2, Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of-Minnesota Statutes, Sections 161.45 and 161.46. ORDINANCE NO. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks' prior written Notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, Part 7819.3100 and Minnesota Rules, Part 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Foim. During the term of the franchise hereby granted, the City may charge the Company a franchise fee as approved by the Commission. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will• be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. If the Company claims that the City required ORDINANCE NO. fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will suggest one or more formulas that will produce a substantially similar gross fee amount to the City. If the Company and the City disagree on whether a fee imposed by the City is discriminatory or places the Company at a competitive disadvantage, the Company may initiate the dispute resolution provisions of this ordinance. Where Company has timely disputed the franchise fee pursuant to section 8.2, the existing franchise fee will remain in effect until the dispute is finally resolved. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the fee is inconsistent with this franchise or state law, or is challenged pursuant to section 8.1, provided the Company provides the City Council written notice of its objection to the fee within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier,. the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements set forth in sections 8.1 and 8.2, and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01 et seq., as it may be amended from time to time, with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 78 19.3300, as it may be amended from time to time, with respect to abandoned facilities in Public Ways, The Company shall maintain records ORDINANCE NO. describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT-PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. SECTION 12. EFFECTIVE DATE. This ordinance shall be effective after adoption and upon ninety (90) days following its legal publication unless earlier revoked pursuant to Section 22 hereof. Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: EXCERPT MINUTES FEBRUARY 23RD AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., dib/al CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF City Manager Curt Boganey introduced the item as the second reading of this ordinance, discussed the history including the first reading that took place on January 26, 2015, at the City Council Meeting. He also stated the purpose of the proposed ordinance, which allows CenterPoint to use the right-of-way on City roads to maintain current utilities. He pointed out that the franchise fee language expired in 2013 but will remain in place until the new franchise fee language is adopted. He explained that this franchise language does determine the fee, which could be charged, but rather only the language authorizing it. The actual franchise fee will come back to the City Council along with adoption of the proposed ordinance around the franchise fee language. Staff recommends after this public hearing to have the City Council direct staff to bring this item back when the fee will be considered. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to direct staff to bring this ordinance back to the City Council for consideration at a meeting when a hearing is held on the new franchise fee ordinance. Motion passed unanimously. City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO: Curt Boganey, City Majager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Land Exchange Agreement for 3401 53rd Ave N and Trail Easement. Recommendation: Staff recommends the City Council consider approving first reading of an Ordinance authorizing the conveyance of the property located at 3401 53'd Ave N in exchange for a Trail Easement; and scheduling second reading and Public Hearing for July 27, 2015. Background: The Economic Development Authority of Brooklyn Center, Minnesota ("FDA") purchased the property located at 3401 53rd Ave N on May 17, 2012, for $32,700 ("the Subject Property"). The deteriorated house was demolished. The value of the Subject Property according to Hennepin County is approximately $30,700. Options for use of the Subject Property were reviewed. Because of the size of the Subject Property and location, constructing a new house or other structure on the Subject Property is not recommended at this time. The EDA has an agreement with the adjacent property owner, Lake Point Apartments LLC ("Lake Point") that allows Lake Pointe to install a fence across the Subject Property and requires Lake Pointe to maintain the Subject Property. City staff from Business & Development, Public Works, and Administration has been working with Lake Point and Three Rivers Park District regarding an easement to relocate the trail ("Trail Easement") across property owned by Lake Pointe ("Lake Pointe Parcel"). Trail information: Staff, along with Three Rivers Park District, is in the process of relocating the trail that is located along France Ave from 53 d Ave to 50th Ave N to the area parallel to Highway 100. This would provide a more efficient and safer route for trail users. In order to relocate the trail, Lake Pointe is providing a Trail Easement along the east side of the Lake Pointe Parcel along Highway 100. In consideration for the conveyance of the easement to the City, the City will convey the Subject Property to Lake Point. Because the Trailway Cooperative Agreement is between the City and Three Rivers Park District, the EDA has agreed to convey the Property to the City. A summary of the steps required to execute the land exchange is: • FDA approve a resolution approving Land Exchange Agreement and conveyance of the Subject Property to City. • City Council approve an Ordinance (first reading, public hearing and second reading) approving the Land Exchange Agreement and authorizing the conveyance of the Subject Property to Lake Point Apartments LLC in exchange for the Trail Easement. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (lust 4643970 CBR BR291-352 [EI1UhSJ I U MhYA S 11 I 3K'A (I) 1I I1ILYAJ • All parties sign the Land Exchange Agreement. • Thirty days after publication of the ordinance, the closing of the exchange of the Subject Property deed to Lake Point Apartments LLC and the Trail Easement executed by the City and Lake Point Apartments, LLC will occur. City staff will work with Three Rivers Park District to design and construct the trail. The construction of the trail is tentatively planned for fall 2015, and is included in the Capital Improvement Plan. Budget Issues: The costs associated with this transaction are budgeted out of the TIF 3 Housing Fund. Strategic Priorities: Enhanced Community Image Attachment: Attachment I - Map of City Property Attachment II - Map of Trail Easement Property- For Illustrative Purposes Only Attachment III- Ordinance Attachment IV- Resolution Exhibit A- Subject Property Legal Descriptions Exhibit B- Lake Point Parcel Legal Descriptions Exhibit C- Draft Land Exchange Agreement JI'I!ssion: Ensuring an attractive, clean, safe, inclusive co;nnuuiity that enhances the quality of life for al/people (au/preserves the public trust 4643970 CBR BR291-352 Attachment I - Map of City Property Approximate property border Approximate trail location Attachment II: Map of Trail Easement Property- For Illustrative Purposes Only SKETCDESCRIPTION -for- LAKE POINT APARTMENTS LIC PROPERTY ADDRESS: #3305 - 3RD AVE. NO., BROOKLYN CENTER, MN _________.33... 1_____ r EU V ) !f") 71 NORTH PROPOSED SUIt 7*34* 34414 017.. 34 *USTI*4'b'I .3t .477*3 I /.. 7.... 7*3434 4n* 1$ 71441 5.77 W.,I 7731 3434 t. 3.41,34 dv'. It 14*7. 4 // I .*4b. 04*774* .4 • 3744*14.4 Nfl II hfl* IS 35 .* 14*1 33$ 4.7*7 1$ / /7'4* •344• *74.4734 ________ /44/I043$777 ''°' 37.1434 464397v3 CBR BR291-352 Attachment III Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27 day of July 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 sale and exchange 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 CONVEYANCE OF PROPERTY AND THE LAND EXCHANGE AGREEMENT (3401 53'' AVE N) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. Economic Development Authority of Brooklyn Center, Minnesota ("EDA") acquired property in the City legally described as: The North 110.02 feet of the East 142.6 feet of the Northwest Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota. (the "Subject Property"). 1.2. EDA has agreed to convey the Subject Property to the City. 1.3. The City wishes to facilitate the conveyance of the Subject Property from the EDA to the City and then to Lake Point Apartments LLC on the condition that Lake Point Apartments LLC conveys a Trail Easement over a portion of the Lake Point Parcel legally described as: That part of Lot 1, Block 1, TERRACE APARTMENTS ADDITION, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1; thence North 89 degrees 34 minutes 37 seconds West (assumed bearing) along the north line of said Lot 1 a distance of 86.57 feet; thence South 00 degrees 26 minutes 05 seconds West 55.20 feet; thence South 02 degrees 48 minutes 05 seconds East 189.69 feet; thence South 02 degrees 49 minutes 14 seconds West 35.26 feet; thence South 16 degrees 20 minutes 37 seconds West 137.34 4643970 CBR BR291-352 feet; thence South 39 degrees 25 minutes 19 seconds West 109.74 feet; thence South 22 degrees 47 minutes 10 seconds West 137.27 feet; thence South 23 degrees 37 minutes 43 seconds West a distance of 43.68 feet; thence South 23 degrees 37 minutes 43 seconds West 153.96 feet; thence South 09 degrees 01 minute 49 seconds West 62.08 feet; thence South 31 degrees 50 minutes 37 seconds West 259.74 feet; thence South 24 degrees 16 minutes 46 seconds West 47.84 feet; thence South 36 degrees 28 minutes 26 seconds West 79.17 feet; thence South 32 degrees 11 minutes 26 seconds West 271.27 feet; thence South 57 degrees 48 minutes 34 seconds East 18.00 feet; thence South 32 degrees 11 minutes 26 seconds West 475.34 feet to the westerly line of said Lot 1; thence South 01 degree 43 minutes 38 seconds East along said westerly line 3 1.5 3 feet to the most southerly corner of said Lot 1; thence North 32 degrees 06 minutes 27 seconds East along the easterly line of said Lot 1 a distance of 1289.85 feet to an angle point on said easterly line; thence North 16 degrees 07 minutes 37 seconds East continuing along said easterly line 298.57 feet to an angle point on said easterly line; thence South 89 degrees 34 minutes 37 seconds East continuing along said easterly line a distance of 54.74 feet to an angle point on said easterly line; thence northeasterly 156.73 feet along a non-tangential curve concave to the west, having a radius of 894.93 feet and a central angle of 10 degrees 02 minutes 04 seconds and a chord bearing of North 11 degrees 15 minutes 18 seconds East; thence North 06 degrees 14 minutes 06 seconds East continuing along said east line 186.98 feet; thence northerly 153.54 feet continuing along said east line along a tangential curve concave to the east having a radius of 469.26 feet and a central angle of 18 degrees 44 minutes 51 seconds to the point of beginning. ("Lake Point Parcel") II. CONVEYANCE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute the Land Exchange Agreement, Trail Easement, and a quit claim deed to the Subject Property and take all steps necessary to affect the transfer of the Subject Property to Lake Point Apartments LLC pursuant to the terms of the Land Exchange Agreement. III. EFFECTIVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 12015. Mayor ATTEST: City Clerk 4643970 CBR BR291-352 Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 4643970 CBR BR291-352 Attachment IV - Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING LAND EXCHANGE AGREEMENT FOR PARCEL 01-118- 21-112-0001 WHEREAS, The City wishes to facilitate the conveyance of the Subject Property from the Economic Development Authority (EDA) to the City and then to Lake Point Apartments LLC on the condition that Lake Point Apartments LLC exchanges the Subject Property for a Trail Easement over a portion of the Lake Point Parcel; and WHEREAS, it is beneficial to the city to facilitate the land exchange; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, approves the attached Land Exchange Agreement and conveyance of the Subject Property pursuant to the terms of the Land Exchange Agreement. July 13, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4643970 CBRBR291-352 EXHIBIT A LEGAL DESCRIPTION OF "SUBJECT PARCEL" The North 110.02 feet of the East 142.6 feet of the Northwest Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota. Torrens Certificate of Title No. 1353209 464397v3 CBR BR291-352 EXHIBIT B LEGAL DESCRIPTION OF "LAKE POINT PARCEL" Lot 1, Block 1, Terrace Apartments Addition. Torrens Certificate of Title No. 1366461 That part of Lot 1, Block 1, TERRACE APARTMENTS ADDITION, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1; thence North 89 degrees 34 minutes 37 seconds West (assumed bearing) along the north line of said Lot 1 a distance of 86.57 feet; thence South 00 degrees 26 minutes 05 seconds West 55.20 feet; thence South 02 degrees 48 minutes 05 seconds East 189.69 feet; thence South 02 degrees 49 minutes 14 seconds West 35.26 feet; thence South 16 degrees 20 minutes 37 seconds West 137.34 feet; thence South 39 degrees 25 minutes 19 seconds West 109.74 feet; thence South 22 degrees 47 minutes 10 seconds West 137.27 feet; thence South 23 degrees 37 minutes 43 seconds West a distance of 43.68 feet; thence South 23 degrees 37 minutes 43 seconds West 153.96 feet; thence South 09 degrees 01 minute 49 seconds West 62.08 feet; thence South 31 degrees 50 minutes 37 seconds West 259.74 feet; thence South 24 degrees 16 minutes 46 seconds West 47.84 feet; thence South 36 degrees 28 minutes 26 seconds West 79.17 feet; thence South 32 degrees 11 minutes 26 seconds West 271.27 feet; thence South 57 degrees 48 minutes 34 seconds East 18.00 feet; thence South 32 degrees 11 minutes 26 seconds West 475.34 feet to the westerly line of said Lot 1; thence South 01 degree 43 minutes 38 seconds East along said westerly line 31.53 feet to the most southerly corner of said Lot 1; thence North 32 degrees 06 minutes 27 seconds East along the easterly line of said Lot 1 a distance of 1289.85 feet to an angle point on said easterly line; thence North 16 degrees 07 minutes 37 seconds East continuing along said easterly line 298.57 feet to an angle point on said easterly line; thence South 89 degrees 34 minutes 37 seconds East continuing along said easterly line a distance of 54.74 feet to an angle point on said easterly line; thence northeasterly 156.73 feet along a non-tangential curve concave to the west, having a radius of 894.93 feet and a central angle of 10 degrees 02 minutes 04 seconds and a chord bearing of North 11 degrees 15 minutes 18 seconds East; thence North 06 degrees 14 minutes 06 seconds East continuing along said east line 186.98 feet; thence northerly 153.54 feet continuing along said east line along a tangential curve concave to the east having a radius of 469.26 feet and a central angle of 18 degrees 44 minutes 51 seconds to the point of beginning. 4643970 CBR BR291-352 EXHIBIT C LAND EXCHANGE AGREEMENT This Land Exchange Agreement ("Agreement") is made this day of 2015, by and among the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota ("EDA"), City of Brooklyn Center, a Minnesota municipal corporation ("City"), and Lake Point Apartments LLC, a Minnesota limited liability company ("Lake Point"). RECITALS The EDA owns certain property located in Brooklyn Center, Minnesota, which is legally described on Exhibit A attached hereto ("City Parcel"). The EDA desires to convey the City Parcel to the City in order to facilitate the exchange of the City Parcel for an easement to the City. Lake Point is the fee owner of certain property located in Brooklyn Center, Minnesota, which legally described on Exhibit B attached hereto ("Lake Point Parcel"). The City and Lake Point wish to exchange the City Parcel for a trail easement over a portion of the Lake Point Parcel (the "Land Exchange"). AGREEMENT The parties hereto hereby agree as follows: 1.OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, the EDA offers and agrees to convey the City Parcel to the City, the City offers and agrees to convey the City Parcel to Lake Point, and Lake Point offers and agrees to convey to the City an easement for trail purposes in the form attached hereto as Exhibit C (the "Easement"). Each Party accepts the parcels so offered. 2.VALUE FOR STATE DEED TAX PURPOSES: For purposes of determining value for State Deed Tax, the parties agree that no funds are being exchanged and that the Easement is given as consideration for the conveyance of the City Parcel. 3. DEED/MARKETABLE TITLE: Subject to performance by Lake Point, City agrees to execute and deliver a Quit Claim Deed conveying marketable title to the City Parcel to Lake Point, subject only to the following exceptions: A Building and zoning laws, ordinances, state and federal regulations. B. Reservation of minerals or mineral rights to the State of Minnesota, if any. 4643970 CBR BR291-352 C. Easements of record. Subject to performance by City, Lake Point agrees to execute and deliver an easement in substantially the form attached hereto as Exhibit C. 4. DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Quit Claim Deed required by paragraph 3 above, City shall deliver to Lake Point: A.Quit Claim Deed from EDA to City; B.Standard form Affidavit of Seller; C.Well Disclosure Certificate; D.City Approval Form for lot combination; B. Such other documents as may be reasonably required by Lake Point's title examiner or title insurance company. In addition to the Easement required by paragraph 3 above, Lake Point shall deliver to City: A.Consent and Joinder from mortgagees of the Lake Point Parcel, if any; B.Request for Lot Combination for tax purposes to Hennepin County; C. Such other documents as may be reasonably required by City's title examiner or title insurance company. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A.No taxes are due in 2015 on the City Parcel. B.City shall pay at or before closing the unpaid balance of all levied special assessments on the City Parcel. C. Lake Point shall assume all special assessments against the City Parcel to be conveyed to it that are levied after the date of closing. 6. MARKETABILITY OF TITLE. As soon as reasonably practicable after the execution of this Agreement by the parties, Lake Point shall obtain the title evidence determined necessary or desirable by Lake Point. Lake Point shall have ten (10) days from the date it receives such title evidence to raise any objections to title. Objections not made within such time will be deemed waived. The City may affect a cure satisfactory to Lake Point or may give written notice to Lake Point that City elects not to cure. Lake Point may then elect to close notwithstanding the 4643970 CBR BR291-352 uncured objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder. 7. ENVIRONMENTAL MATTERS. A.Each party warrants that its property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the party has owned the property. Each party further warrant that it has no knowledge or information of any fact that would indicate its property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the party purchased its property. Notwithstanding the above, each party's warranties regarding petroleum products do not preclude the presence of heating oil or other similar products used as a heating fuel on its property or above-ground gasoline or oil used for routine maintenance of their respective property but each party does warrant that if there was a fuel tank on its property used for the storage of heating oil or other similar product, the party has no knowledge of any leak in the tank or contamination caused thereby. B.Each party and its agents shall have the right to enter upon the other's property after the date of this Agreement for the purpose of inspecting and surveying the property it will acquire and conducting such environmental examination and tests as it deems necessary. Each party agrees to indemnify the other, to the extent such indemnification is legally authorized, against any liens, claims, losses, or damage occasioned by the other party's exercise of its right to enter and work on the property. Each party agrees to provide the other parties with a copy of any report as a result of such examination and tests. If such environmental examination results in a finding that there are or may be pollutants or contaminants on the property, the party proposed to receive the property may terminate this Agreement at any time prior to the Closing Date. 8. CLOSING DATE. The closing of the Land Exchange shall take place on or before August 31, 2015. The closing shall take place at City's offices, City Hall, Brooklyn Center, Minnesota, or such other location as is mutually agreed upon by the parties. 9. CLOSING COSTS AND RELATED ITEMS. Lake Point will be responsible for: A.Payment of fees charged in connection with title evidence obtained by Lake Point for the City Parcel; B.Recording fees of instruments required to establish marketable title in Lake Point Parcel; C. All fees for title evidence and title insurance, if Lake Point elects to purchase such insurance, including closing fees on City Parcel; 4643970 CBR BR291-352 D. Recording fee for the deed on the City Parcel; and B. Conservation fee on the City Parcel Deed. City will be responsible for: A.Title evidence it elects to obtain; B.Recording fees of instruments required to establish marketable title in the City Parcel; C. Recording fee for Well Disclosure Certificate; D.State Deed Tax and conservation fee for the deed from EDA to City; E.State Deed Tax on the City Parcel deed; and F. Recording fees for the Easement. Unless otherwise provided herein, Lake Point shall be responsible for the payment of all other closing costs and fees. Each party will be responsible for its own attorneys' fees and costs. 10. POSSESSION/CONDITION OF PROPERTY. A.Possession. The Parties agree to deliver possession not later than date of Closing ("Date of Possession"). B.Condition of Property/No Personal Property. Each party shall deliver possession of its respective property to the other party on the Date of Possession in the same condition as the property existed on the date of this Agreement. Each party acknowledges is property is vacant land and there is no personal property included in this exchange. 11. DAMAGES TO REAL PROPERTY. If the City Parcel or Lake Point Parcel is damaged prior to closing, City or Lake Point may rescind this Agreement by notice to the other Party within twenty-one (21) days after notification of such damage, during which 21-day period City or Lake Point may inspect the real property. 12.DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Each party certifies to the other parties that it does not know of any individual sewage treatment systems on the property it will transfer. 13.CONDITION OF SUBSOIL AND GROUND WATER. Each Party hereby warrants to the other parties that during the time it has owned the property contemplated in this Agreement, there have been no acts or occurrences upon the property that have caused or 4643970 CBR BR291-352 could cause impurities in the subsoil or ground water of the property or other adjacent properties. This warranty shall survive for a period of two years following the date of Closing. 14.WELL DISCLOSURE. The City certifies the following well status as to the City Parcel: o The Seller certifies that the Seller does not know of any wells on the described real property. IJ A well disclosure certificate accompanies this document. 0 I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 15.SELLER'S WARRANTIES. Each Party warrants that there has been no labor or material furnished to its property for which payment has not been made. Each Party warrants that there are no present violations of any restrictions relating to the use or improvement of its respective property. These warranties shall survive the closing of this transaction. 16.TERMINATION OF AGREEMENT WITH EDA. The EDA and Lake Point agree that upon closing of the transactions contemplated by this Agreement, the agreement between the EDA and Lake Point made by letter from the EDA to Lake Point dated July 26, 2013 and accepted by Lake Point on July 31, 2013 shall terminate. 17.BROKER COMMISSIONS. Lake Point and the City represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated or to whom either has agreed to pay a broker commission. Lake Point agrees to indemnify City for any and all claims for brokerage commissions or finders' fees in connection with negotiations for exchange of the City Parcel arising out of any alleged agreement or commitment or negotiation by Lake Point, to the extent such indemnification is authorized by law; and City agrees to indemnify Lake Point for any and all claims for brokerage commissions or finders' fees in connection with negotiations for exchange of the City Parcel arising out of any alleged agreement or commitment or negotiation by City, to the extent such indemnification is authorized by law. 18.NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 19.ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties and no other agreement prior to this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 20. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors 4643970 CBR BR291-352 and assigns. The parties shall not assign its rights and interest hereunder without notice to the other party. 21. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Lake Point: Lake Point Apartments LLC A'FFN:________ 6401 Camden Avenue North Minneapolis, IVIN 55430 C. If to City: City of Brooklyn Center ATTN: Gary Eitel 63 01 Shingle Creek Parkway Brooklyn Center, MN 55430 with a copy to: Troy J. Gilchrist, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9214 d. If the EDA: City of Brooklyn Center EDA ATTN: Gary Eitel 63 01 Shingle Creek Parkway Brooklyn Center, MN 55430 with a copy to: Troy J. Gilchrist, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9214 22.SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 23.COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4643970 CBR BR291-352 24. RECITALS. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this agreement as of the above date. Lake Point Apartments LLC By: Its: Sign: Date: CITY OF BROOKLYN CENTER By: Tim Willson, Mayor By: Curt Boganey, City Manager Date: ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By: Tim Willson, President 4643970 CBR BR291-352 By: Curt Boganey, Executive Director Date: 4643970 CBR BR291-352 AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 13, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS Council Update Regarding Fair Housing and School Desegregation Complaints Filed by the City of Brooklyn Center - Presenter Myron Orfield PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Sister City Voinjama Visit Update 2.Paperless Packets Report Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: July 8, 2015 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Fair Housing and Desegregation Update Recommendation: It is recommended that the City Council receive the update report. Background: On September 2014 the City Council adopted two resolutions. The first resolution authorized a Fair Housing complaint that the State of Minnesota and the Metropolitan Council has failed to affirmatively further Fair Housing as required by law. The City and several other complainants have hired Attorney Michael Allen to represent our case. The second resolution authorized a petition to amend State Board of Education Minnesota Rule 3535. This rule addresses school segregation and integration in Minnesota public schools. The purpose of this petition was to amend this rule because it was no longer needed or reasonable. The City retained Attorney Myron Orfield to represent our petition in this case. As of a week ago our petition has been withdrawn. A copy of each of the resolutions is attached. Mr. Orfield will be at the City Council meeting on Monday to provide an update on the status of each of these issues. Policy Issues: Is the City best served by continuing to promote desegregation in the community and public schools? Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive eoinmunifl' that enhances the quality of lift fin- all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A HUD FAIR HOUSING COMPLAINT WHEREAS the Twin Cities region suffers from severe and persistent racial concentrations of poverty; and WHEREAS affordable housing in the Twin Cities region is disproportionately located within Minneapolis, Saint Paul, and the inner-ring suburbs, where there are already large concentrations of low-income and nonwhite families; and WHEREAS this imbalance harms low-income and nonwhite families by restricting their access to the employment prospects, quality education, and other opportunities that define economically diverse, racially integrated communities; and WHEREAS this imbalance also harms the cities and suburbs that contain concentrations of poverty, by reducing their tax base and potentially inducing middle-class flight; and WHEREAS the Minnesota Housing Finance Agency and the Metropolitan Council have helped create and administer a system that intensifies and perpetuates concentrations of poverty by disproportionately allocating Low-Income Housing Tax Credits to areas already containing most of the region's affordable housing; and WHEREAS the Cities of Minneapolis and Saint Paul have also disproportionately allocated Low-Income Housing Tax Credits to areas suffering severe concentrations of poverty and segregation; and WHEREAS the Metropolitan Council explicitly prioritizes other sources of affordable housing finding for municipalities which have already constructed many affordable units; and WHEREAS, contrary to the requirements of federal law, the Metropolitan Council has failed to review, examine, or even discuss these problems in its recent Analysis of Impediments; and WHEREAS the federal Fair Housing Act proscribes activities that perpetuate racial segregation in housing, and imposes upon governmental entities receiving federal funding a responsibility to affirmatively further fair housing; and RESOLUTION NO. WHEREAS providing fair housing choice is an essential and indispensable component of any strategy to combat the region's persistent racial concentrations of poverty and attendant social problems. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center is authorized to file a HUD Fair Housing Complaint concerning the activities of the State of Minnesota, its agents, the Cities of Minneapolis and Saint Paul, and their agents. BE IT FURTHER RESOLVED that the City of Brooklyn Center appoints and retains Myron Orfield and Michael Allen as counsel for the purpose of filing this complaint. September 8, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE A PETITION TO AMEND MINNESOTA RULE 3535 WHEREAS, in 1994, the State Board of Education promulgated a draft desegregation rule that would have ensured that the local schools in the City of Brooklyn Center remained majority middle-class and stably integrated, and would have included both charter schools and open enrollment under its provisions; and WHEREAS, in 1999, the Minnesota Department of Education issued its current Rule 3535, which addresses school segregation and integration, and in doing so it relied upon a 1998 Statement of Need and Reasonableness that inaccurately advised that the State Board of Education's earlier proposed rule was unconstitutional and that the state did not have a compelling governmental interest in integrating its K-12 schools; and WHEREAS, the current Rule 3535 exempts both charter schools and open enrollment program; and WHEREAS, the stability and well-being of the City of Brooklyn Center is closely connected to the success of its local schools; and WHEREAS, the current school desegregation rule has caused Brooklyn Center schools to become poorer and more segregated than they would have been if the earlier proposed rule was adopted; and WHEREAS, rates of poverty and segregation are increasing annually in Brooklyn Center schools; and; WHEREAS, segregated, high-poverty schools can depress the housing market in the City of Brooklyn Center, cause residential segregation, and lead to middle-class flight, residential steering, predatory subprime lending, lack of prime credit for families, and other forms of de facto redlining by banks and lending institutions; and WHEREAS, school and residential segregation can depress the tax base and create a fiscal burden on the City of Brooklyn Center; and WHEREAS, the exemption of the open enrollment program from Rule 3535 has contributed to these harms by facilitating middle-class flight from segregated, high-poverty schools; and RESOLUTION NO. WHEREAS, the exemption of charter schools from Rule 3535 has also contributed to these harms by facilitating middle-class flight from segregated, high-poverty schools. NOW, THEREFORE, BE IT RESOLVED, that the City of Brooklyn Center is authorized to file a petition to amend Minn. Rule 3535 because that rule is no longer needed or reasonable. BE IT FURTHER RESOLVED, that the City of Brooklyn Center appoints and retains Myron Orfield and Michael Allen as counsel for the purpose of filing this petition. September 8, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.