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HomeMy WebLinkAbout2015 09-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 14, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous a.Brooklyn Center University for Youth b.Opportunities for Small and Diverse Businesses 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn k'4 I Dk'A (I) WJ SII1IJ(iJ I III IY&1fI (I)l DATE: September 10, 2015 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Miscellaneous Items Recommendation: It is recommended that the City Council consider providing direction to staff regarding the following Study Session items. 1.Brooklyn Center University for Youth 2.Opportunities for Small and Diverse Businesses Background: The two subject items above were brought to the City Council by Councilmember Graves at the Joint Budget Work Session of August 17 " 2015. It is our typical practice and Council Policy to determine if there is a majority consensus among the Council to direct staff to invest resources into taking action, studying and or developing recommendations regarding the subject topic. Typically we ask the interested Council member to further elaborate or describe the issue so that clarifying questions can be asked to establish a common understanding of the issue. After the issue is clearly established and questions have been identified/addressed; we ask the Council to provide further staff direction. Typically the direction will be one or more of the following actions: 1.No further staff action required 2.Defer any further action until a future designated time period 3.Place topic on a work session agenda so that the Council can spend more time discussing the possible staff direction 4.Further staff research to include recommended alternatives for review at a future work session. 5. Implement the recommendation as discussed in the Study Session We look forward to the discussion and you direction. IWission: Ensuring an alliactive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY COUNCIL MEETING City of Brooklyn Center September 14, 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.August 24, 2015 - Study/Work Session 2.August 24, 2015 - Regular Session b. Licenses C. Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be Held October 2, 2015 d. Resolution Approving a Limited Lease for BC Liquor at 3615 48th Avenue North, Brooklyn Center, MN 55429 (Surly Darkness Days to be Held October 24, 2015) e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- September 14, 2015 f. Resolution Requesting and Supporting the Minnesota Department of Transportation and the Metropolitan Council to Update the State's Transportation Plan to Include a TH 252 Freeway Conversion Project and to Immediately Proceed with the Necessary Freeway Conversion Study, Planning, and Funding for this Project 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Jean Anderson-Goff for Over 17 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. Proposed Special Assessments for Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines/Citations, and Delinquent Administrative Vacant Building Registrations —On August 10, 2015, the City Council called for a Public Hearing to be held September 14, 2015; notice was published in the official newspaper on August 20, 2015. Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 3.Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -3- September 14, 2015 b. Proposed Special Assessments for Delinquent Public Utility Service Accounts —On August 10, 2015, the City Council called for a Public Hearing to be held September 14, 2015; notice was published in the official newspaper on August 20, 2015. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items a. Preliminary 2016 Levy and Budget 1.Resolution Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2016 Requested Council Action: —Motion to adopt resolution. 2.Resolution Adopting a Preliminary Budget for the 2016 Fiscal Year Requested Council Action: —Motion to adopt resolution. b. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5328-30 Queen Avenue North 2.4118 Woodbine Lane 3.Resolution Approving a Type IV Rental License for 3901 Burquest Lane 4.Resolution Approving a Type IV Rental License for 6007 Girard Avenue North 5.Resolution Approving a Type IV Rental License for 6937 Unity Avenue North 6.Resolution Approving a Type IV Rental License for 6013 Zenith Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. CITY COUNCIL AGENDA -4- September 14, 2015 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION AUGUST 24, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Director of Community Activities, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson pointed out that there was a revised resolution for agenda Item No. 6d., Resolution Amending the Schedule for Planning and Inspection Fees for Certain Building, Electrical and Fire Protection Permits, and that there was a correction to the minutes of the August 10, 2015, Regular Session correcting the spelling of the name of Chief Kevin J. Benner. Councilmember Ryan requested the following correction to the Study/Work Session minutes of August 10, 2015. A spelling correction of Myron Orfield, whose name appears in several places, on pages one and two incorrectly, as Ornfield. Councilmember Ryan requested that the following paragraph be inserted after the first sentence of the third paragraph on page 3 of the Study/Work Session minutes of August 10, 2015: On June 25, 2015, the Supreme Court decision, upheld the application of disparate impact under the Fair Housing Act ("FHA") in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. In a disparate-impact claim, a plaintiff may establish liability, without proof of intentional discrimination, if an identified practice has a disproportionate effect on certain groups of individuals. Councilmember Graves requested that her comment in the sixth paragraph on page 3 of the Study/Work session minutes of August 10, 2015 be expanded as follows: Couneilmember Graves stated that she didn't think it would be good for the transit line because they would want a higher population using the transit line. Councilmember Graves stated the 08/24/15 -1- DRAFT need for any transit expansion to include the voices of all affected parties regardless of their economic bracket to ensure an inclusive and effective process of decision making and ultimate success of the project. She asked that she be contacted if she could be of help because this is a big issue in our community and across the county. It was the majority consensus of the City Council to accept the corrections the August 10, 2015, minutes. Councilmember Ryan asked City Manager Boganey if the changes to the revised resolution for agenda Item No. 6d were the highlighted changes in valuations. Mr. Boganey responded affirmatively. Councilmember Graves requested discussion regarding TIF district money. She wanted to know what happens to the taxes of the neighboring businesses and residences. Mayor Willson stated that it doesn't affect neighboring residents or businesses but it does affect the county and school districts. Councilmember Graves asked how it affects the county and school districts. Mayor Willson explained that the dollars don't flow to the county or the school district and are diverted to the TIF district to pay off the debt. Councilmember Graves asked if there was a detrimental effect to the school district. Mayor Willson replied that there was no detrimental effect to the school district because they will have the same property tax base as before, but taxes from the new building will be delayed. Mr. Boganey added that when it comes to establishing TIF districts and going forward with TIF projects, one should question whether the project would happen without the TIF district money: if the assumption is that the project would happen without TIF assistance, then the City should question why they are providing the financial incentive; however, if the project could not happen without TIF assistance, then there would be no issue with revenues lost. Mayor Willson referenced the "but for" test. Councilmember Ryan talked about the use of TIF to finance the demolition of Brookdale Mall. He stated that without the financial support of the City through TIF and other subsidies, the project would not have gone forward. He stated that it then becomes a question of how long the City has to wait for debt to be retired and additional value to be captured. He suggested the League of Minnesota Cities website as a valuable resource on TIF. Mayor Willson stated that City has used TIF in the past for brownfield sites. MISCELLANEOUS Councilmember Ryan thanked Mr. Boganey for an e-mail regarding a Rotary Club meeting on September 1. He stated that will be out of town. 08/24/15 -2- DRAFT Mayor Willson stated he will also be out of town and will speak to Councilmember Myszkowski regarding attendance at the meeting. Councilmember Ryan referenced a request he sent Mr. Boganey regarding Riverwood. Mr. Boganey stated he will send a response and will put the information together for Councilmember Ryan. Mr. Boganey stated that all Councilmembers are invited to attend the Rotary Club meeting on September 1, noting that Congressman Ellison would be the speaker. Councilmember Lawrence-Anderson reminded Councilmembers about the Brooklyn Center Business Association Golf Tournament that will be held September 11 and inquired if Councilmembers were still each making a $20 contribution. ADJOURNMENT Councilmember Ryan moved and Counçilmember Lawrence-Anderson seconded to adjourn the Study Session at 6:19 p.m. Motion passed unanimously. 08/24/15 -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 AUGUST 24, 2015 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Myszkowski was absent and excused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, City Clerk Sharon Knutson and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson offered a blessing to all those going off to school and a special request that students who see someone struggling or being bullied offer words of kindness because you never know what someone is going through and when your kindness may make a difference. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 08/24/15 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Lin Myszkowski was absent and excused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda, as amended, with a revised resolution under Consent Agenda Item No. 6d, Resolution Amending the Schedule for Planning and Inspection Fees for Certain Building, Electrical and Fire Protection Permits, the removal of item lOb, Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard, and Consent Agenda, as amended, with amendments to the Study/Work Session and Regular Session minutes of August 10, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 5, 2015 - Joint Work Session with Financial Commission 2.August 10, 2015 - Study/Work Session 3.August 10, 2015 —Regular Session 4.August 17, 2015 - Joint Work Session with Financial Commission 6b. LICENSES GARBAGE HAULER Garbageman of Twin Cities MECHANICAL 3-D Heating and A/C Allan Mechanical, Inc. Appliance Connections, Inc. Archer Mechanical NAC Mechanical and Electrical Services Weld & Sons Plumbing 13895 Industrial Park Boulevard, Plymouth 206 Jefferson Avenue N, Watertown 7875 Fuller Road, Eden Prairie 12850 Chestnut Boulevard, Shakopee 1614 Cliff Road E, Burnsville 1001 Labore Industrial Court, Vadnais Heights 3410 Kilmer Lane N, Plymouth RENTAL INITIAL (TYPE III— one-year license) 3306 Poe Road Teng Pha 08/24/15 -2- DRAFT INITIAL (TYPE II - two-year license) 6101 Beard Avenue N Keven Riley 5600 Colfax Avenue N Thai Yang 4707 Eleanor Lane Chen Zhou RENEWAL (TYPE III— one-year license) 2001 54th Avenue N Ying Que Missing 2 ARM meetings and CPTED 80062 d Avenue N John Herbes Missing CFHC 5937 Abbott Avenue N Mark Crost Missing 2 ARM Meetings and CPTED 5818 Admiral Lane Michael Kozicky 6020 Emerson Avenue N Chad Tesmer 6757 Humboldt Avenue N Saleem Raza 5813 June Avenue N Lena Lim RENEWAL (TYPE II— two-year license) 4200 Lakebreeze Avenue Shoua Yang 507 69'' Avenue N Outreach Six Acres, Inc. 5814 Ewing Avenue N Peter and Michele Nyarecha 4201 Lakeside Avenue #209 Robert Morgan 7007 Morgan Avenue N Lin Shuang LLC RENEWAL (TYPE I— three-year license) 5649 Northport Drive Lue Yang 5115 Twin Lake Boulevard E Ruth Cioni 6c.RESOLUTION NO. 2015-127 CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 6, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFORE 6d.RESOLUTION NO. 2015-128 AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES FOR CERTAIN BUILDING, ELECTRICAL AND FIRE PROTECTION PERMITS Motion passed unanimously 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-129 EXPRESSING RECOGNITION AND APPRECIATION OF STEVE LANDIS FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION AND HOUSING COMMISSION 08/24/15 -3- S DRAFT Mayor Willson read in full a Resolution Expressing Recognition and Appreciation of Steve Landis for His Dedicated Public Service on the Financial Commission and Housing Commission. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-129 Expressing Recognition and Appreciation of Steve Landis for His Dedicated Public Service on the Financial Commission and Housing Commission. Motion passed unanimously. 7b. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Mr. Boganey introduced Susan Blood, Northwest Hennepin Human Services Council (NWHHSC) Executive Director, who presented the annual report. Ms. Blood highlighted changes and noted the community research done by NWHHSC. She stated that the Council coordinates networks and pointed out a schematic of networks. She stated that Hennepin County has discontinued funding for the NWHHSC and it has been going through a non-profit planning process. She noted that future needs identified by the Council's planning committee were housing, aging, transportation, workforce, and early childhood education. Patti Koenig, Brooklyn Center Advisory Commission Member, stated that the Advisory Commission concentrates on finding out more about community needs and shared resources. She spoke about the Guide to Human Services that is available in print and on-line and is distributed to residents. She stated that this year's Brooklyn Center community profile shows that 44.3% of births were to foreign-born mothers; 28% of residents speak a language other than English, with Spanish being prevalent; and 11.9% of residents speak Asian or another Pacific Islander language. She stated that compiling these statistics helped with developing a multi-city collaboration for childhood education in the late 1980s called Northwest Hennepin Early Childhood Network which is headed by Susan Blood and works on community awareness for early childhood social and intellectual development, access to services for all regional residents, and the need for integrated and culturally appropriate services for kids and their families. She also talked about ESL programs offered in local school districts. She stated that as a resident of Brooklyn Center she appreciates the City's participation and continued financial support. She thanked the City Council for the opportunity to represent the City of Brooklyn Center. Sharon Kephart, Brooklyn Center Advisory Commission Member, stated that she has been a resident of Brooklyn Center for 19 years and on the NWHHSC Advisory Commission for the past five and a half years. She stated that she believes that the commission offers an important avenue to leverage collective Brooklyn Center resources. It has demonstrated the ability to respond to changing needs that benefit all communities. She referenced the Guide to Human Services and she spoke about the yearly community profile prepared for each member city that shows Brooklyn Center is the most diverse city in the state. She provided statistics on the number of residents including children and seniors living below the poverty level. She spoke about NWHHSC's involvement in instituting regular meetings of regional food shelf directors to 08/24/15 -4- DRAFT compare best practices and share food across food shelf boundaries; researching caregiver resources for seniors; and continued research on mental health services and new services for homeless youth. She pointed out that NWHHSC started the journey that led to opening of the Avenues for Homeless Youth. She stated that the City of Brooklyn Center contributed $12,644 in 2014 to NWHHSC. She stated that she has enjoyed representing Brooklyn Center and thanked the City Council for its continued financial support. Ms. Blood acknowledged and commended the Brooklyn Center Advisory Commission Members for their volunteer hours beyond their service on the commission. Barbara Jensen, Senior Leadership Committee Member, read a 1983 guest editorial for Mary Jane Gustafson that she wrote. She spoke about the City's All American City award and the community leaders involved in that process. She spoke about the Peacemaker Center, the Brooklyn Center Mediation Project, and the Commons at Brookwood that met community needs at the time. She stated that these programs are still here conceptually and in brick and mortar and that by bringing all diverse parts of the community together through collaboration, extra effort, communication, inclusion, it makes for a much better solution and gives a better overall result. She stated that Brooklyn Center is a community that listens and thanked the City Council for their continued open mindedness. Lyla Pagels, Brooklyn Center resident and Allina Faith Community Nurse Program representative, stated that the Faith Community Nurse Program has been a part of collaborative effort to improve the health of the community for 20 years. She cited promotion of a free clinic on Brooklyn Boulevard, an upcoming free and open to the public seminar at Brooklyn Park Community Center on Alzheimer's, and promotion of a group respite program for caregivers as examples of NWHHSC collaboration. She thanked the City Council Members for their time. Mayor Willson thanked and expressed appreciation for the Advisory Commission members for all their work within the organization. Councilmember Ryan moved and Councilmember Graves seconded to accept the Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8.PUBLIC HEARINGS None 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-007, SUBMITTED BY CASS & ASSOCIATES, LLC REQUESTING SITE AND BUILDING PLAN APPROVAL OF A 26,253 SQ. FT. ADDITION TO THE EXISTING CASS SCREW MACHINE FACILITY, LOCATED AT 4800 LILAC DRIVE NORTH 08/24/15 -5- DRAFT Planning and Zoning Specialist Tim Benetti provided the background and an overview of Planning Commission Application No. 2015-007 and advised the Planning Commission recommended approval of the applications at its August 13, 2015, meeting. Mayor Willson asked which entrance would have trucks potentially blocking the street. Mr. Benetti pointed out the area on the map. He stated that the City Engineer was concerned about that truck movement. He stated that this issue will be worked on by the applicant's architect and the City Engineer and as of now, the area is set to be eliminated. Mayor Willson asked what happens if the area is eliminated. Mr. Benetti replied that trucks will have to come in from east bound, stop, and back up on a turn. He stated that the applicant will eventually need to accommodate semi-trucks. Mayor Willson asked if the semi-truck would be sticking out in the road. Mr. Benetti stated that the architect intended the drawing to show the start of the movement and the City Engineer has asked for a new drawing. He also stated that there is not much traffic on this road and that the truck movement can still work. Mayor Willson stated he would hate to set a precedent where there is half a truck in the public street. Councilmember Ryan asked about trucks on the other dock site being drawn to scale and clarified that they would not be out in the street. Mr. Benetti responded affirmatively. Councilmember Ryan clarified that if there were a revision, it would be brought back to the City Council. Mr. Benetti replied that the City Council could get a revision back, but the applicant and the City Engineer are working on the issue. He stated the applicant is agreeable to eliminating the area if there is no resolution to the issue. Councilmember Ryan stated he would like to see Cass & Associates have as much flexibility to design their building as they need. Mayor Willson stated that he is agreeable with letting the City Engineer work on the issue unless there is a conflict. Councilmember Graves asked about the new jobs that will be added and what kind of work experience will be needed. Steven Wise, Cass & Associates, responded that there will be four new warehouse positions and six new machinist positions. 1. RESOLUTION NO. 2015-130 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-007, SUBMITTED BY CASS & ASSOCIATES, LLC REQUESTING SITE AND BUILDING PLAN APPROVAL OF A 26,253 SQ. FT. ADDITION TO THE EXISTING CASS SCREW MACHINE FACILITY, LOCATED AT 4800 LILAC DRIVE NORTH 08/24/15 -6- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-130 Regarding the Disposition of Planning Commission Application No. 2015-007, Submitted by Cass & Associates, LLC Requesting Site and Building Plan Approval of a 26,253 Sq. Ft. Addition to the Existing Cass Screw Machine Facility, Located at 4800 Lilac Drive North. Motion passed unanimously. Mayor Willson commented that the City likes to see business expand in the City and bring in new jobs. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 1 0a2. lOal. RESOLUTION NO. 2015-131 APPROVING A TYPE IV RENTAL LICENSE FOR 5700 CAMDEN AVENUE NORTH 10a2. RESOLUTION NO. 2015-132 APPROVING A TYPE IV RENTAL LICENSE FOR 4811 LAKEVIEW AVENUE NORTH Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-131 Approving a Type IV Rental License for 5700 Camden Avenue North and adopt RESOLUTION NO. 2015-132 Approving a Type IV Rental License for 4811 Lakeview Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. HEARING FOR NELIA SCHAFF REGARDING RENTAL PROPERTY LOCATED AT 7018 BROOKLYN BOULEVARD This item was removed from the agenda upon adoption. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: August 14, 2015: Metro Cities Housing Policy Committee Meeting 08/24/15 -7- DRAFT • August 17, 2015: Joint Work Session with Financial Commission • August 26, 2015: Safe Summer Nights Event at Centennial Park • September 24, 2015: Final Metro Cities Housing Policy Committee Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 17, 2015: Joint Work Session with Financial Commission • August 26, 2015: Summer Safe Nights Event and Odyssey Board Meeting • August 27, 2015: Brooklyn Center Business Association Lunch • September 11, 2015: Brooklyn Center Business Association 10th Annual Golf Tournament Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 17, 2015: Joint Work Session with Financial Commission • August 18, 2015: Hennepin County and African American Leadership Meeting Regarding the Blue Line Extension • August 18, 2015: Minneapolis Youth Coordinating Board Event • August 20, 2015: Met with Members of the Brooklyn Park Liberian Community • August 22, 2015: Back-to-School Supply Fundraiser at Centennial Park • August 25, 2015: Keith Ellison Fundraiser • August 26, 2015: Safe Summer Nights Event at Centennial Park Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 12, 2015: Spoke at CSI Program • August 13, 2015: Met with the Executive Director of Brooklyn Bridge Alliance for Youth • August 19, 2015: Brooklyn Bridge Alliance for Youth Meeting • August 17, 2015: Joint Work Session with Financial Commission • August 25, 2015: Mayor's Minute Interview • August 26, 2015: Speaking at Community Action Partnership of Suburban Hennepin County • August 26, 2015: Tentative Meeting with the Greater Minneapolis Council of Churches of West Africa 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:57 p.m. Motion passed unanimously. 08/24/15 -8- DRAFT City Council Agenda Item No. 6b [SII1$I[SJ I fl I I DkTA U'A I D [I] 1I flhI I DATE: September 8, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 14, 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. GARBAGE HAULER Sanimax USA LLC MECHANICAL John Bolte Residential Htg & Cooling LLC Central Heating & Cooling LLC Custom Refrigeration Larson Plumbing & Heating North Suburban Heat & Air Owens Companies Inc St. Paul Plumbing & Ht Umberto's HVAC, LLC United Heating & A/C Inc SIGN HANGER Albrecht Sign Company Leroy Signs, Inc SignMinds, Inc RENTAL See attached report. 505 Hardman Ave, South St. Paul 22050 Redwood Street NW, Oak Grove 26009 Nightingale St NW, Isanti 640 Mendelssohn Ave N, Golden Valley 3095 162nd Lane NW, Andover 19066 Jasper NW, Anoka 930 East 80th Street, Bloomington 640 Grand Ave, St. Paul 13479 Everest Ave, Apple Valley 1295 Hackamore Road, Medina 7775 Main Street NE, Fridley 6325 Welcome Ave N, Brooklyn Park 1400 Quincy Street NE, Minneapolis Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust [II1U(iJ I I I 1k'A Uh'A I ak"A [ii UI asia'ii Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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 I 1-2 units Greater than 8 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. 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Background: St. Alphonsus Catholic Church, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-sale liquor license for a social event to be held October 2, 2015. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. i'iissio,i: Ensuring an aliradive, clean, sq/?, inclusive coinnntln/j' liii,t enhances the quality of life for all people and preserves the public Ira st Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651 -201 -7500 Fax 651 -297 -5259 TTY 651 -282 -6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number ISt 01/1959 ES 32045 Address City State Zip Code 7O25Halifax Ave N Brooklyn Center JMinnesota 155429 Name of person making application Business phone Home phone IMichelle Karlson 5033389 Date(s) of event Type of organization Friday, October 2, 2015 1 Club Charitable nX Religious Other non-profit Organization officer's name City State Zip Code 1Fr. PeterConnolly,C.Ss.R. JBrooklyn Center Minnesota 1155429 Organization officer's name City State Zip Code IMinnesota I Organization officer's name City State ZipCode IIMinnesota Organizationofficer'sname City State ZipCode Location where permit will be used. If an outdoor area, describe. St. Alphonsus School gymnasium If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.(Catholic Mutual Relief Society of America If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. 500 bob / each nce APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT qfL1r-\ er'4 City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E -mail Address City or County Phone Number_9u^^iw W1Signature City Clerk or County Offi I Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENTBACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Information is collected to determine eligibility for license. may resul Signature Failure to provide information requested Date : 05/22/2015 03:12 7535037815 STALPHONSUS PAGE Dl City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee 01 $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees areNo n-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section ii - 07, Subdivision The liccnse may be issued only in connection with a social e vent within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Conta Name:._______ Address: 0 (Street, City, and Zip Code) 4/ (Home Telephone Number) Information on Event: (Work Telephone Number) Name of Event: Location of Event (Street, City. and Zip Code) fln+...,,(c't rnrl T(\ nfPvnf ''t-'J - Date Start time of event End 6 e of event Day I Mm, 111p, - im To: Day 2 From: Da 3 From: pJpm^To_ m: p. 4 M. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the area will be secured, i.e, by pence, rope, barricade) A .. ill I L A A #-.--1 ._g - .4-• l#i •I bA - it t .i vv 1k Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Date: 8/25/2015Certificate of Coverage Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of Saint Paul and Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue Company Affording CoverageSt. Paul, MN 55102 THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICACovered Location 10843 OLD MILL RD St. Alphonsus Catholic Church & School OMAHA, NE 681547025 Halifax Avenue N. Brooklyn Center, MN 55429 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate Occurrence Products-Comp/OP Agg85897/1/2015 7/1/2016 Claims Made Personal & Adv Injury Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8589 7/1/2015 7/1/2016 Each Occurrence 500 ,000 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of Operations/Locafions/Vehicles/specjal Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified with regard to Covered Location's School Marathon, to be held on parish grounds, October 2, 2015. Including Liquor Liability and Fidelity for Charitable Gambling. Holder of Certificate.Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder ofCity of Brooklyn Center certificate named to the left, but failure to mail such notice shall6301 Shingle Creek Parkway impose no obligation or liability of any kind upon the company,Brooklyn Center, MN 55430 its agents or representatives. Authorized Representali 0111008436 kAI[I]tflIIiiJhII TO: Sharon Knutson, City Clerk FROM: Tim Gannon, Acting Police Chief DATE: September 2, 2015 SUBJECT: St. Alphonsus liquor license permit review I have reviewed the application for a temporary on-sale liquor license at St. Aiphonsus' Marathon Event to be held on October 2, 2015. I have spoken with the event coordinator to gain insight into this event and the safety and security measures they've adopted. During that conversation we discussed the event security plan, parking concerns, expected attendance, and most importantly access to alcohol beverages only by those 21 and older. This permit requester has held numerous other events which have included permitted liquor licensed events. Those previous events have not generated police calls or citizen's complaints in the past. The event coordinators have adopted the same procedures that have proven to be effective and have resulted in successful past events. At this time I see no concerns regarding the approval of this permit. City Council Agenda Item No. 6d 1JJ[IJ I N U I DIk'A U I k'A [I] 1I t1SJ I DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM:. Nathan Reinhardt, Finance Director SUBJECT: Lease of space for BC Liquor from Cass Screw Machine Products Company Recommendation: It is recommended that the City Council consider adoption of the attached resolution approving the lease document between the City, d.b.a. BC Liquor and Cass Screw Machine Products Company. Background: The City has previously leased space at Cass Screw Machine Products Company to sell Surly's "Darkness" product at "Darkness Days" a festival held in October at the Surly brewery at 4811 Dusharme Drive. The proposed lease would allow BC Liquor to operate at a nearby location to the brewery during this event. The State's Liquor Control Board will allow this arrangement and the City's insurance will cover the risks under the existing BC Liquor policy. The lease will allow the City to utilize a space of 1,380 square feet at Cass Screw Machine Products, located at 3615 48th Avenue North. The terms of the lease provides enough time to set up the BC Liquor operation, sell the product, and clean up and vacate the premises. This is a one day event to be held on Saturday, October 24th Budget Issues: Staff estimates that BC Liquor sales from this location will generate a minimum of $10,000 in net profit for BC Liquor after the costs of lease, staffing, security and mobilization. Strategic Priorities: . Resident Economic Stability Iiiission: Ensuring an attractive, clean, safe, inclusive community 111(11 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 LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 WHEREAS, the City of Brooklyn Center previously operated retail liquor sales through a limited lease at 4811 Dusharme Drive in Brooklyn Center; and WHEREAS, the City has been offered the opportunity to operate retail liquor sales through a limited lease at an alternative location for a limited term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute a lease between Cass Screw Machine Products Company and the City of Brooklyn Center, d.b.a. BC Liquor, for space to be used for a one day sale of alcoholic beverage for off premise consumption. September 14, 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. LEASE This Lease (the "Lease") is made as of , 2015 between the City of Brooklyn Center, doing business as BC Liquor (the "City"), a Minnesota municipal corporation, whose address is 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; and Cass Screw Machine Products Company ("Cass Screw"), a Minnesota company, whose address is 3615 48th Avenue North, Brooklyn Center, MN 55429. ARTICLE I - BASIC LEASE PROVISIONS 1.1 DEMISED PREMISES: The City will lease from Cass Screw 1,380 square feet of space (the "Store") for the operation of a retail liquor store for off-premise consumption of liquor in connection with the Surly Brewing Company Darkness Day Event. The Store will be within the west-end of the building located at 3615 48 th Avenue North in Brooklyn Center. 1.2 TERM COMMENCEMENT: The term of this Lease shall commence upon October 23, 2015 and shall expire on October 25, 2015. 1.3 RENT: A lump-sum payment of $1,000 shall be made in full prior to the expiration of the Lease. The lease payment shall cover all charges incurred by Cass Screw related to use of the leased space for the Store including, but not limited to, access to and from the Store for employees and customers, electrical power access, utility costs, custodial care and maintenance, property taxes, and insurance. 1.4 SECURITY: The City is responsible for monitoring conduct and providing security at the Store during the lease period. ARTICLE II— INSURANCE, RELEASE, IDEMNIFICATION 2.1 IDEMNIFICATION: During the lease period the City agrees to indemnify and save Cass Screw, its shareholders, directors, officers, agents, contractors, invitees, customers, employees and licensees harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of the business conducted by the City in the Store or from any breach or default on the part: of the City in the performance of any covenant which the City is to perform pursuant to this lease, or from any act of negligence of the City, its agents, contractors, invitees, customers, employees or licensees, in or about the Store. All property in the Store and all properly of the City's in the Store shall be there at the City's risk and Cass Screw shall not be liable for any damage thereto or theft or misappropriation thereof. Nothing in this lease shall be deemed a waiver by the City of the limitations on liability set forth in Chapter 466 of Minnesota Statutes and the City's obligation to indemnify Cass Screw shall be limited to the amount specified in Chapter 466 of Minnesota Statutes, less any amounts which the City is required to pay on its own behalf for claims arising out of the same occurrence. 2.2 RELEASE: Cass Screw hereby waives and releases all claims, liabilities, and causes of action against the City and its agents, servants, and employees for loss or damage to, or destruction of, the improvements in and around the Store resulting from fire, explosion or other perils insured against by Cass Screw's insurance, whether caused by the negligence of any of said persons or otherwise. The City hereby waives and releases all claims, liabilities, and causes of action against Cass Screw and its agents, servants, and employees for loss or damage to, or destruction of, any fixtures, equipment, supplies, or other property, whether that of the City or of other in or upon the Store resulting from fire, explosion, or other perils insured against by the City's insurance, whether caused by the negligence of any said persons or otherwise. 2.3 INSURANCE: Cass Screw shall carry and maintain insurance against such perils and in such amounts as Cass Screw may from time to time determine consistent with coverage which is now, or may in the future be, considered prudent for similar property and business situations in the Minneapolis/Saint Paul metropolitan area or which its mortgagee requires. The City shall carry and maintain, during the lease term, at its expense, the following types and amounts of insurance: Commercial General Liability on an occurrence basis with respect to the City's business and occupancy of the Store, with limits of not less than one million dollars ($1 ,000,000) per occurrence. Worker's Compensation insurance for all of the City's employees working in the Store in an amount sufficient to comply with applicable laws and regulations. ARTICLE III - MISCELLANEOUS 3.1 RIGHT TO ENTER: Cass Screw shall have the right to enter the Store at all reasonable hours for the purposes of the inspecting thereof, making repairs or cleaning. 3.2 SURRENDER OF PREMISES: At the end of the term the City shall surrender the Store to Cass Screw in its original condition, subject to reasonable wear and tear. Prior to the surrender of the Store, the City shall remove all fixtures and property of the City and will not hold Cass Screw responsible for fixtures or property left on or in the Store upon expiration of the Lease. for the Lessor: for the Lessee: Cass Screw Machine Products Company Mayor City Manager City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City Man e a r / -/ ^, 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 al/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 al/people and 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: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree No. and Type 5256 Twin Lake Blvd E 52 Elm 5Ol2 Lilac DrN 64 Oak 5615 Indiana AveN 65 Oak 3300CoRdNo10 51 Elm 5401 Logan Ave N 67 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. September _14,_2015 Date Mayor AflEST:_____________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f EII1BJ[i1 I fl U I DIkA L' I Dk' (IM11I WW4J DATE: September 8, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Public Works Director/City Engineer SUBJECT: Resolution Requesting and Supporting the Minnesota Department of Transportation and the Metropolitan Council to Update the State's Transportation Plan to Include a Trunk Highway (TH) 252 Freeway Conversion Project and to Immediately Proceed with the Necessary Freeway Conversion Study, Planning, and Funding for this Project Recommendation: It is recommended that the City Council consider approval of a resolution requesting the Minnesota Department of Transportation and the Metropolitan Council to amend the State's Transportation Plan for the immediate inclusion of the TH 252 Freeway Conversion Project and to immediately proceed with the necessary conversion study, planning, and programming of funding for this project. Background: In April 2012, the City directed staff to proceed with transportation planning initiatives and develop a strategy that could be used to identify and address the multiple transportation issues associated with the TH 252 corridor. Funding was designated by the City and WSB was hired to perform a study to develop a long-term vision for the corridor as well as to develop shorter-term interim project alternative designs. While much of this work has been completed, we expect work to continue to finish the City's study including additional smaller group public outreach measures, better identification of impacts to the local traffic (vs. regional) for the different alternatives, and finally a formalized study with recommendations for the City Council's consideration. As a result of the work performed under the City's corridor study, the Minnesota Department of Transportation initiated a Freeway Conversion Study for this corridor that started January 2015. While work is continuing under MnDOT's more in depth corridor study, we find it necessary to further indicate the significance of the needed transportation improvements to TH 252 by formalizing the City's request and support for the State to proceed with the Freeway Conversion Study and to include the project in the State's Transportation Plan. Budget Issues: There are no immediate budget issues to consider with this resolution request; however, it should be noted that significant City partnership funding would be required for the City's share of standard cost participation as part of any future project. While these costs have yet to be identified, the requested planning would help aid in determination of these amounts so the City could plan accordingly. Strategic Priorities: Key Infrastructure Investments frJiSSiO/ LiISUrIJIg an at/ruclive, ch'ieii, stye, inclusive c'onunnni (luil enhances the tju(thy of lift' fr all people (111(1 pPeSIIILc the jnilthc trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING AND SUPPORTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN COUNCIL TO UPDATE THE STATE'S TRANSPORTATION PLAN TO INCLUDE A TRUNK HIGHWAY (TH) 252 FREEWAY CONVERSION PROJECT AND TO IMMEDIATELY PROCEED WITH THE NECESSARY FREEWAY CONVERSION STUDY, PLANNING, AND FUNDING FOR THIS PROJECT WHEREAS, TH 252 is one of the limited number of Principal Arterial roadways linking communities in the northwest area of the TwinCities; and WHEREAS, TH 252 is a regional highway that exists from 1-94 to TH 610 through the Cities of Brooklyn Center and Brooklyn Park, and has significant safety, congestion, and neighborhood connectivity issues; and WHEREAS, TH 252 exists as an expressway facility under the jurisdiction of the Minnesota Department of Transportation with traffic that has exceeded the corridor capacity but is currently not included in State's Transportation Plan to address the identified long- standing corridor transportation issues or forecast traffic; and WHEREAS, TH 252 has some of the highest crash rates in the Twin Cities with four fatalities on this 4 mile section of roadway between 2003-2013; and WHEREAS, with the significant increase in the future forecast traffic and future connection of TH 610 to 1-94 in Maple Grove, it is imperative that TH 252 be properly improved to accommodate this expected regional traffic while sustaining and improving local connectivity and safety; and WHEREAS, a technical advisory group consisting of transportation professionals from the Minnesota Department of Transportation, the Metropolitan Council, Metropolitan Transit, the City of Brooklyn Park, and the City of Brooklyn Center have determined that this corridor must be converted froni an expressway to freeway to meet the future transportation needs of the corridor and region; and WHEREAS, a TH 252 Freeway Conversion Project would be of mutual benefit to the State, the Cities of Brooklyn Center and Brooklyn Park, Hennepin County, and the approximately 70,000 vehicles traveling daily through this corridor; and WHEREAS, the City of Brooklyn Center is mutually committed to collaboratively developing the TH 252 Project from the southerly termini at 1-94 through Brooklyn Center, into Brooklyn Park to the northerly termini at TH 610. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center hereby requests the Minnesota Department of Transportation and the Metropolitan Council to amend the State's Transportation Plan for the immediate inclusion of the TH 252 Freeway Conversion Project and to immediately proceed with the necessary conversion study, planning, and programming of funding for this project. September 14, 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 [ES1fl(i1 IU U I ak7I U I alk'A (1) 1I I1SJi DATE: September 8, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Recognition and Appreciation of Jean Anderson-Goff for Over 17 Years of Dedicated Service to the City Of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recognizing the dedicated public service of Jean Anderson-Goff. Background: Jean Anderson-Goff will retire from her position of EBHC Secretary/Receptionist after more than seventeen years of service to Earle Brown and the City of Brooklyn Center. Jean began her employment with the City of Brooklyn Center on September 8, 1998 and will retire on September 18, 2015. Jean's efforts provided for the efficient operation of the Earle Brown Heritage Center front office for the duration of her employment. It is highly fitting the City Council recognize Jean's 17 years of service and her contributions to the Earle Brown Heritage Center, the City of Brooklyn Center and to the community. Budget Issues: There are no budget issues to consider. Strategic Priorities: . Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JEAN ANDERSON-GOFF FOR OVER 17 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Jean began her employment with the City of Brooklyn Center as the Earle Brown Heritage Center Secretary and Receptionist on September 8, 1998, and; WHEREAS, Jean will retire on September 18, 2015, with more than 17 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Jean has consistently provided the City of Brooklyn Center and its residents with exemplary service; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Jean has displayed in discharging her duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Jean Anderson-Goff has made on the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that the dedicated public service of Jean Anderson-Goff is duly recognized and appreciated by the City of Brooklyn Center. September 14, 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 adoption. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City N ger J'f(() /J FROM: Vickie Sch1euning,'Assistant City Manager/Director of Building and Community Standards SUBJECT: Public Hearings on Proposed Special Assessments for Nuisance Abatement Costs, Administrative Vacant Building Registrations, and Administrative Fines/Citations Recommendation: It is recommended that the City Council conduct the subject Public Hearings and consider approval of the attached resolutions certifying special assessments for Nuisance Abatement Costs, Administrative Vacant Building Registration Costs, and Administrative Fines/Citations. Background: Three Public Hearings are scheduled for September 14, 2015 to consider certification of proposed special assessments. The City Council called for a Public Hearing for September 14, 2015 at its August 10, 2015 meeting. The Notice of Public Hearing was posted in the City's official newspaper, Sun Post, on August 20, 2015. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of September 9, 2015, one formal appeal has been made to City staff since the August 10, 2015 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. o A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible • parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, title companies, real estate agents, or other parties often conduct property searches to determine the pending and levied special assessment amounts. 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 Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. For administrative citations/fines, an appeal process is prescribed by City Ordinance Chapter 18. Information about the appeal process and timeframes is provided with the citation. Administrative Vacant Building Registrations and administrative citations amounts are also recorded as pending special assessments and this information is available to the public. When a property is sold, title companies, real estate agents, or other parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between September 14, 2015 and October 14, 2015. 2.After October 14,2015 through November 25, 2015, the property owner may pay the total special assessment plus accumulated interest (4.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2015. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4.0 percent is accrued on the unpaid balance. Mission: Ensuring an attractive, clean, safe, inclusive community that eilJ:ances the quality of life for all people and preserves the public trust [i[WJ[1 I U I I DII7A Uh'A I UA (I] 1hI )1IJ I Nuisance Abatement Costs One Year Administrative Vacant Building Registration One Year Administrative Fines/Citations One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: These fees help recover some costs the City incurs related to services provided to specific properties. For accounting purposes, special assessments fees are included in the general fund as revenue. It is anticipated that these costs recovered through special assessments will be received in 2016, and are therefore included in the 2016 budget. The levy roll for nuisance abatement costs totals $275.00. The levy roll for administrative vacant building registration costs totals $4,800.00. The levy roll for administrative fines/citation costs totals $121,012.50. An updated list will be provided at the Council Meeting reflecting payments made by September 11, 2015. Attachment: Resolutions- Nuisance Abatements Administrative Vacant Building Registrations Administrative Fines/Citations List of Levied Properties- The updated list will be provided at the Council Meeting based on payments made by September 11, 2015. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City from July 1, 2014 thru June 30, 2015 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 14, 2015, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2014 thru June 30, 2015, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of abatement costs incurred from July 1, 2014 thru June 30, 2015 is hereby adopted and certified as Levy No. 19066. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2016, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 1, 2015 through December 31, 2016. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 14, 2015. After October 14, 2015, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 14, 2015 through the date of payment. Such payment must be made by the close of business November 25, 2015 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 14, 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Vacant Building Registration costs for certain properties within the City from July 1, 2014 thru June 30, 2015 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 14, 2015, certain Administrative Vacant Building Registration costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2014 thru June 30, 2015, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Vacant Building Registration costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent Administrative Vacant Building Registration accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Vacant Building Registration costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Vacant Building Registration costs incurred from July 1, 2014 thru June 30, 2015 is hereby adopted and certified as Levy No. 19067. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2016, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 14, 2015 through December 31, 2016. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 14, 2015. After October 14, 2015, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 14, 2015 through the date of payment. Such payment must be made RESOLUTION NO. by the close of business November 25, 2015 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 14, 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2014 thru June 30, 2015 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 14, 2015, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2014 thru June 30, 2015, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2014 thru June 30, 2015 is hereby adopted and certified as Levy No. 19068. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2016, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from October 1, 2015 through December 31, 2016. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 14, 2015. After October 14, 2015, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 14, 2015 through the date of payment. Such payment must be made RESOLUTION NO. by the close of business November 25, 2015 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 14, 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: whereon said resolution was declared duly passed and adopted. Special Assessment Pending Levy Roll (Abatement) July 1, 2014 to June 30, 2015 Abatement Printed September 09, 2015 Municipal Code No. 22 Levy Runs One Year Levy No. Property Address Property ID Amount 19066 6842 Regent Ave N 33-119-21-11-0088 275.00 Total: 275.00 City of Brooklyn Center -6301 Shingle Creek Parkway -Brooklyn Center MN 55430 Page 1 of I Special Assessment Pending Levy Roll (Administrative Vacant Building Registration) July 1, 2014 to June 30, 2015 Administrative Vacant Building Registration Printed September 09, 2015 Municipal Code No. 22 Levy Runs One Year Levy No.PropertyAddress Property ID Amount 19067 5329 Irving Ave N 02-118-21-44-0049 1,000.00 19067 7242 Newton Ave N 26-119-21-42-0068 400.00 19067 6907 Regent Ave N 28-119-21-43-0006 1,000.00 19067 5107 Eleanor La 33-119-21-42-0006 1,000.00 19067 4212 66th Ave N 34-119-21-24-0028 400.00 19067 6737 Camden Ave N 36-119-21-21-0103 1,000.00 Total: 4,800.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1, 2014 to June 30, 2015 Administrative Penalty/Citation Printed September 09, 2015 Municipal Code No. 22 Levy Runs One Year Levy No.Property Address Property ID Amount 19068 5930 Camden Ave N 01-118-21-12-0022 1,750.00 19068 5700 Camden Ave N 01-118-21-13-0045 3,200.00 19068 6043 Colfax Ave N 01-118-21-21-0010 125.00 19068 6042 Dupont Ave N 01-118-21-21-0046 1,875.00 19068 6015 Aldrich Ave N 01-118721-21-0082 300.00 19068 S9O6 Fremont Ave N 01-118-21-22-0025 125.00 19068 6007 Girard Ave N 01-118-21-22-0083 125.00 19068 5914 Fremont Ave N 01-118-21-22-0093 5,500.00 19068 5743 Emerson Ave N 01-118-21-23-0029 60.00 19068 5817 Colfax Ave N 01-118-21-24-0022 1,750.00 19068 816 57th Ave N 01-118-21-24-0066 4,500.00 19068 5607 Colfax Ave N 01-118-21-31-0028 375.00 19068 5651 Girard Ave N 01-118-21-32-0046 125.00 19068 S650 Fremont Ave N 01-118-21-32-0118 625.00 19068 5330 Girard Ave N 01-118-21-33-0012 125.00 19068 5455 Fremont Ave N 01-118-21-33-0033 125.00 19068 5307 Emerson Ave N 01-118-21-33-0121 425.00 19068 5424 Fremont Ave N 01-118-21-33-0169 125.00 19068 5331 Camden Ave N 01-118-21-34-0011 3,000.00 19068 56I4 Camden Ave N 01-118-21-42-0032 375.00 19068 5441 4th StN 01-118-21-43-0091 125.00 19068 5800 Logan Ave N 02-118-21-14-0025 975.00 19068 5736 James AveN 02-118-21-14-0063 125.00 19068 5713 Humboldt Ave N 02-118-21-14-0071 3,875.00 19068 5605 Humboldt Ave N 02-118-21-41-0006 500.00 19068 5533 Irving Ave N 02-118-21-41-0030 2,000.00 19068 5603 James AveN 02-118-21-41-0059 375.00 19068 5617 Logan AveN 02-118-21-42-0006 300.00 19068 5412 Penn Ave N 02-118-21-43-0130 125.00 19068 5436 Logan Ave N 02-118-21-44-0030 1,000.00 19068 5351 Irving Ave N 02-118-21-44-0104 375.00 19068 5937 Abbott Ave N 03-118-21-11-0060 14,225.00 19068 5806 Drew Ave N 03-118-21-13-0020 3,000.00 19068 3818 6lst Ave N 03-118-21-21-0105 125.00 19068 4000 6lst Ave N 03-118-21-21-0111 250.00 19068 5601 Halifax AveN 03-118-21-31-0003 300.00 19068 3901 BurquestLa 03-118-21-31-0041 7,025.00 19068 5209 Xerxes Ave N 10-118-21-11-0016 125.00 19068 5247 Drew Ave N 10-118-21-12-0012 675.00 19068 5221 Drew Ave N 10-118-21-12-0017 375.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 3 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1,2014 to June 30, 2015 Administrative Penalty/Citation Printed September 09, 2015 Municipal Code No. 22 Levy Runs One Year Levy No.ProyertyAddress Property ID Amount 19068 5228 Ewing Ave N 10-118-21-12-0025 300.00 19068 5240 Ewing Ave N 10-118-21-12-0026 375.00 19068 5152 Ewing Ave N 10-118-21-12-0046 125.00 19068 Sll3 Ewing Ave N 10-118-21-12-0075 125.00 19068 4100 Lakeside Ave 10-118-21-32-0002 125.00 19068 3401 47th Ave N 10-118-21-42-0038 375.00 19068 7101 Girard Ave N 25-119-21-32-0040 125.00 19068 1106 Emerson La 25-119-21-33-0014 425.00 19068 1107 Emerson La 25-119-21-33-0085 375.00 19068 7237 Willow LaN 25-119-21-41-0039 2,000.00 19068 7236 Riverdale Rd 25-119-21-41-0050 5,500.00 19068 7111 Riverdale Rd 25-119-21-41-0060 125.00 19068 1711 73rd Ave N 26-119-21-41-0107 8,000.00 19068 6901 Morgan Ave N 26-119-21-43-0018 2,100.00 19068 1801 7Oth Ave N 26-119-21-44-0024 750.00 19068 7000 James Ave N 26-119-21-44-0032 125.00 19068 7018 Irving Ave N 26-119-21-44-0056 125.00 19068 1510 69th Ave N 26-119-21-44-0068 550.00 19068 7124 Indiana Ave N 27-119-21-31-0094 300.00 19068 7112 June Ave N 27-119-21-32-0103 250.00 19068 7018 Brooklyn Blvd 27-119-21-33-0005 425.00 19068 7046 Brooklyn Blvd 27-119-21-33-0086 375.00 19068 3713 Woodbine La 27-119-21-42-0057 125.00 19068 3707 72nd Ave N 27-119-21-42-0089 500.00 19068 6943 Palmer Lake Dr W 27-119-21-43-0093 375.00 19068 7067 Perry Ave N 28-119-21-41-0133 875.00 19068 7169 Unity Ave N 28-119-21-42-0092 675.00 19068 6907 Regent Ave N 28-119-21-43-0006 125.00 19068 5200 7Oth Ave N 28-119-21-43-0035 60.00 19068 7033 Unity Ave N 28-119-21-43-0118 2,900.00 19068 7081 Unity Ave N 28-119-21-43-0142 1,200.00 19068 7030 Regent Ave N 28-119-21-44-0057 300.00 19068 5109 69th Ave N 33-119-21-12-0001 125.00 19068 5413 68th Ave N 33-119-21-12-0031 125.00 19068 6807 Scott Ave N 33-119-21-12-0071 300.00 19068 6712 Beard Ave N 34-119-21-11-0109 125.00 19068 3701 69th Ave N 34-119-21-12-0041 1,275,00 19068 3501 66th Ave N 34-119-21-13-0044 425.00 19068 3025 Quarles Rd 34-119-21-14-0084 6,125.00 19068 6714 Grimes Ave N 34-119-21-21-0017 250.00 City of Brooklyn Center 6301 Shingle Creek Parkway -Brooklyn Center MN 55430 Page 2 of 3 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1, 2014 to June 30, 2015 Administrative Penalty/Citation Printed September 09, 2015 Municipal Code No. 22 Levy Runs One Year Levy No.Property Address Property ID Amount 19068 6740 Grimes P1 34-119-21-21-0026 425.00 19068 6406 Indiana Ave N 34-119-21-31-0074 300.00 19068 4013 65th Ave N 34-119-21-31-0085 2,775.00 19068 4309 63rd Ave N 34-119-21-33-0022 600.00 19068 4218 6lst Ave N 34-119-21-34-0040 125.00 19068 4206 62nd Ave N 34-119-21-34-0043 875.00 19068 3206 Mumford Rd 34-119-21-44-0025 125.00 19068 3201 Mumford Rd 34-119-21-44-0050 55.00 19068 3218 62nd Ave N 34-119-21-44-0063 625.00 19068 6753 Humboldt Ave N 35-119-21-11-0017 6,550.00 19068 6765 Humboldt AvoN 35-119-21-11-0022 1,225.00 19068 1601 67thLnN 35-119-21-11-0056 1,625.00 19068 2841 67thLnN 35-119-21-23-0034 125.00 19068 6223 Brooklyn Dr 35-119-21-33-0052 4,250.00 19068 507 69th Ave N 36-119-21-12-0037 125.00 19068 6811 Bryant Ave N 36-119-21-21-0030 750.00 19068 6737 Camden AveN 36-119-21-21-0103 125.00 19068 1320 68thLnN 36-119-21-22-0060 362.50 19068 6330 Colfax Ave N 36-119-21-31-0017 125.00 19068 6337 Bryant Ave N 36-119-21-31-0042 125.00 19068 1207 65th Ave N 36-119-21-32-0090 125.00 19068 6220 Bryant AvoN 36-119-21-34-0081 250.00 Total: 121,012.50 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 3 of 3 09/09/2015 1:44 PM FAX 0002/0002 Wednesday s September 9, 2015 Attn: Thao Xiong City of Brooklyn Center Proposed Special Asscssrnet The Caring Sisters Home Care Services would like to appeal the special assessment that is been proposed on the property at 3901 Burquest Lane North. The proposed assessment is too high and we cannot afford to pay that fee. We only have two residents in the house with special needs and we are required to have the flicility staffed 24/7. We have been operating on a loss and also trying to admit 2 more residents bceaue we only a four bed capacity. The special assessment will have a devastating effect on the company which may lead to closure of the ilicility. Thank you Lee Beckley //f)J/ 2' Special Assessment Public Hearings Public Nuisance Abatement Costs Administrative Vacant Building Registrations Administrative Citations/Fines Presented by: Vickie Schleuning, Assistant City Manager/ Director of Building and Community Standards City of Brooklyn Center City Council Meeting September 14, 2015 Overview •Special Assessment Background •Summary of Process for Each Service Type o Public Nuisance Abatements o Administrative Fines/Citations o Administrative Vacant Building Registration Note: Delinquent Utility Bills Next Council Item •Public Hearing Process •Q & A 09/14/2015 2 City Council Meeting Special Assessment Background •Minnesota State law allows cities to recover costs of certain types of services through special assessments to the property. •Properties considered for special assessments receive a direct and unique benefit from City services. o Neighbors and community receive general benefit through reduction of health/life safety hazards, protection of property, elimination of public nuisances, improved quality of life, etc. •City incurs costs associated with these public service programs and activities. •If these service costs are unpaid, they may be specially assessed to the property. •Public Hearing is required. 09/14/2015 3 City Council Meeting Special Assessment Background cont… •Pending special assessments made available to public, including Title Companies, when a property sale takes place o Buyers responsible for negotiating any outstanding fees with previous owner. I.e. purchase agreement •New owner may contact the realtor and/or Title Company to see if there was error with Title Company search or with the payment. Very few cases in which timing an issue. o Purchase Agreements may include “as is” language, time frames, etc. outside City’s knowledge and authority. i.e. HUD 09/14/2015 4 City Council Meeting Special Assessment Background cont… •Property owners of record are notified of Public Hearing for special assessments- meeting legal notification requirements. •In certain cases, such as the Diseased Tree Program, owners may authorize the City to remove tree(s) and request special assessment. o Allows residents alternative payment option for tree removal o Program helps ensure a healthy urban forest, part of the Tree City USA Standards 09/14/2015 5 City Council Meeting Special Assessment Background cont… •Three Public Hearings are being held specific to this Council Item o Public nuisance abatement costs (junk, securing) o Administrative vacant building registration costs o Administrative fines/citations •As of today o Revised proposed levy rolls provided to City Council o Reflects payments made and adjustments based on any previous communication with staff o Three written appeals submitted to City Council 09/14/2015 6 City Council Meeting Recommended Procedure for Public Hearings •Conduct all Public Hearings concurrently •Appellants state basis for their appeal at front podium during Public Hearing •Council may remove any reasonable appeal from proposed levy roll and adopt remaining proposed assessments •Appellants provide contact information to staff at table •Public Hearings are continued for those properties •Staff will review and provide report for appeals at upcoming City Council Meeting for review by City Council o Tentative September 28, 2015 City Council Meeting (next meeting) depending on number of appeals 09/14/2015 7 City Council Meeting Public Nuisance Abatement Costs Summary •Most abatements related to foreclosed, vacant properties o Securing, eliminating imminent health and life safety hazards, public nuisance abatement (removal of violation) •Legal processes followed •Compliance Notice provided regarding violations and abatement 1) To owner of record- homeowner, bank, attorney, etc. 2) In addition, routinely posted at vacant property •City facilitates abatements (mostly imminent health/life safety) where owners do not comply or where they agree to abatement performed by City •Direct costs of abatement and administrative charges apply 09/08/2014 8 City Council Meeting Administrative Fines/Citations Summary •Majority related to rental property license requirements, repeat violators (grass, nuisance, etc.), and chronic violators (violations not corrected within compliance period) •Compliance Notice provided regarding existing violations including a compliance date •Compliance Notice sent to legal owner(s) of record- homeowner, bank, etc., and sometimes resident if different •Legal due process established by City Ordinance for administrative penalty system 09/08/2014 9 City Council Meeting Administrative Vacant Building Registration •Mostly related to foreclosed, vacant properties- Buildings vacant more than 30 days must be registered •Notice provided regarding registration and any immediate corrections required 1) To owner of record- homeowner, bank, etc. 2) Posted at vacant property •Additional Compliance Notices sent to owner of record regarding registration (often realtors, service providers as well) 09/09/2013 10 City Council Meeting Guidelines for Appellants •People wishing to appeal should: 1.Use the center podium in front of Council 2.State their full name and their current address 3.Provide the address of the property with the pending special assessment (if different) 4.State the reason they think they should not have to pay the pending assessment costs 5.Then appellants should provide contact information on the signup sheet at the table 09/14/2015 11 City Council Meeting Questions? Thank you 09/14/2015 12 City Council Meeting City Council Agenda Item No. 8b EI1II[i1 I R U I Dk'A S I lWA 0] 1I I1Bik I DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT:• Certification of Delinquent Utility Bills Recommendation: It is recommended that the City Council consider approval/adoption of a resolution assessing the attached list of properties with unpaid bills for utility services provided to those properties. Background: The City of Brooklyn Center annually certifies delinquent utility bills to Hennepin County. The certified bills become assessments on the property owner's following year's property tax bill. This process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes. This first letter details the process and the legal authority for certification. Accounts that continue to remain unpaid receive a second letter indicating that their account will be certified for collection with property taxes following a public hearing. The date, time and location for the public hearing are included in this notice. Customers that do not pay after the second letter are included in the final assessment roll. The City has approximately 8,900 total utility accounts. Comparative number of accounts and dollars certified are as follows: # of Accounts Dollar Assessed Value 2012 696 $390,166.08 2013 663 $381,716.72 2014 664 $400,605.55 2015*670 $402,007.88 *As of September 8, 2015. Some additional payments may be received prior to Monday's meeting. Budget Issues: These delinquent utility billings recorded as receivables and recognized as revenues in the current budget year. However, the actual collections of these accounts will likely occur in future years. Strategic Priorities: o Resident Economic Stability /k!lssioi,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust - Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2015; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and City Ordinances, Sections 4-105 and 4-201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 19062. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2015, in one installment with interest thereon at four (4.0) percent per annum, and shall bear interest on the entire assessment from October 1, 2015 through December 31, 2016. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before October 15, 2015. From October 16, 2015, the owner may pay the entire assessment plus interest accumulated from October 15, 2015 through the date of payment. Such payments must be made by the close of business on November 25, 2015 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Setaember 14, 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. 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Ui 0 >00 >000Z-I m0 •.< z I- I-C-) 00 0.)rIo 0I-u-I (0(0(C(C000000000 0000cO0000-J-JJ-4F0000NJNJ-00UiNJNJNJNJNJNJNJNJNJNJNJ(0 -J .I-Ui I-.C)}-I-A FA I-a 4 .Ui Ui Ui Ui NJ NJ NJ NJ -Ui Ui Ui -J Ui Ui C)C)i Ui <LQ 0 -.J C)C)C)CO Ui 4 03 -.J Ui Ui 0 0 J (0 -J Ui -i <03 Z (0 C I ZmmmrnmmmZmmmmmZ3rrnZzzzZzmzZZzzmz <rii-i><z <rn > >1103 >m zzzz 0 0 C rfII o t,- t,- _Ui t,-o -.j -.j - Ui -.J - Ui -.J -.J 03 I- .4 -4 -.J Ui -J Ui ' I- 4 C) 4 - Uio NJ Ui NJ Ui C) - NJ - C) Ui CO I- Ui -P. I- Ui 03 Ui C) -J Ui - 0000Ui0000nNJNJ030WUi0UiN-(000 NJ Ui C) Ui NJ -.J l- (0 0 Ui Ui (0 0 FA I- Ui 03 FA 0 NJ Ili NJ 03 (0 I- CD< -C F- 1F(0 0 NJ;1: CD flfl(flC)() C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) CD CD CT) CDCD CD CT) CT) CD CD CD CD CD CD CD CT) CD CD CD CD CD CD CD CD CD Delinquent Utilities City of Brooklyn Center City Council Meeting September 14, 2015 Minnesota State law allows cities to recover costs of certain types of services through special assessment to the property The City incurs costs of providing public utilities, typically recovered through user charges. If these user charges remain unpaid, the costs may be assessed to the property. Public hearing required. Customer receives a regular utility bill (water/sewer/storm sewer/street light/ recycling) If utility bill is not paid, as of June 30, letter sent to customer notifying them the account is past due and amount will be certified against property taxes if not paid. Customers given opportunity to pay outstanding bill prior to certification. If utility bill continues to remain unpaid, second letter sent indicating account will be certified for collection with property taxes following a public hearing. This letter details process and legal authority for certification. Customers that do not pay their account balances after receipt of this letter included in the final assessment roll. Unpaid Charges -$389,828 ◦Last Year - $400,606 ◦Decrease of 2.7% Unpaid Accounts - 641 ◦Last Year – 664 ◦Decrease of 3.5% Conduct public hearing for Delinquent Public Utility accounts. Customers may provide a basis for their appeal during the public hearing. If needed, City Council may direct staff to investigate further and public hearing will be continued for those properties. Staff will review cases and provide report at upcoming City Council Meeting for review by City Council City Council Agenda Item No,, lOa COUNCW T{TEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Preliminary 2016 Property Tax Levy and Budget Recommendation: It is recommended that the City Council consider approval/adoption of two resolutions. The first resolution establishes the preliminary property tax levy for the 2016 fiscal year. This levy, upon adoption, becomes the maximum levy allowed to the City for the 2016 fiscal year. The second resolution adopts the preliminary budgets for those funds using portions of the property tax levy for operations. Background: Each year the City is required by State Law establish a maximum levy and preliminary budget for the use of said levy. Once adopted, the City may not increase the levy but the levy may be decreased. Citizens will receive notice of the maximum levy with their tax notice in the fall. In December the City Council will hold a hearing and adopt the final levy and the final spending plan (budget) for all funds. By City Charter the City Manager is responsible for presenting a balanced budget to the City Council. The City Council has adopted a set of fiscal policies that provide guidance and parameters for the budget. In addition the City establishes strategic priorities and success measures. Over the last few months the City Council and Financial Commission have met to review and discuss the proposed preliminary budget. Over the next several months additional review will be conducted as we establish final budgets for the General Fund and all other fund budgets. Budget Issues: The maximum levy proposed in the attached resolution for the City of Brooklyn Center is $15,368,235 which compares to $14,788,030 in 2015. The proposed dollar increase is $590,205 which is equal to 3.99%. The proposed levy for the Housing and Redevelopment Authority is $308,518 which compares to $280,460 in 2015. The proposed dollar decrease is $28,058 which is equal to (10.00%). This increase, if adopted will impact different classes of property tax payers differently. The following chart illustrates these differences due to the shift in taxable values between the classifications of residential, commercial, industrial, and apartments: IWission: Ensuring (iii attractive, clean, safe, inclusive co,ninunitj' that enhances the qualitr of life for all people aim' preserves the public trust EI1UJ(i1 I V ak'A LA I ahY4 [I] 1iI IlUh"A I Preliminary Taxable Market Value Estimates Class Payable 2015 Estimated 2016 Change (%) Commercial $284,830,700 $286,351,900 0.5% Farm 179,400 179,000 -0.2% Industrial 116,400,900 118,964,500 2.2% Residential 881,896,576 983,738,793 11.5% Apartment 186,954,600 195,627,580 4.6% Totals $1,470.262,176 $1.584.861.773 7.7% As illustrated by the chart increases in market value continue to be driven by residential and apartment property value increases. Most homestead residential properties will see an increase in property taxes paid to the City for the second consecutive year. Strategic Priorities: The proposed preliminary budget is intended to maintain current levels of service and prioritize the accomplishment of the City Council's strategic priorities: • Resident Economic Stability • Targeted Redevelopment • Enhanced Community Image • Inclusive Community Engagement • Strengthened and Empowered Youth • Key Infrastructure Investments IUissio,,: Ensuring on attractive, clean, safe, inclusive CO/n/flu/lit V that enhances the qualitj' of life for all people anti preserves the public trust C) C) CD 0> o ILU ca L()00 o C)QC)C) (OC)0 03 0 C)cox- o j co'-c O CNC)C)C'4 LO 4q 61) CD o C)C to co LC)'0'c 0(0c(P)to) (Y)0)(\I (O CO COoCl '- 0 (0(0 If)0)((0 (D0)Cl)2 cL 0 (0C')0 0)Cl)03If''C I ,. -•---> If)Ct()0)-'t (00)COt CoCl)() (0 00C) ''(0 '0 '0)- ce)t-00 03 CoC14C(0 0) _J (\J 'ft CO 0) N-C) (0 I I N >C)-CC'If)-IC) -(\J -CO >Q_o 1 -r-,CN ('j) >,>>>C)c1) U)C)00ccC00.2 ci)CU0)>>0.)to (DC)(DQ ct EE X0 E >> uj 22.. >o>.,>s cc>t 0>.E.EG) 00 LL w 5 0CL M C) (DCC®-O.0.0000, City of Brooklyn Center 2016 Budget - General Fund Revenue Summary 2015 2013 2014 June 2015 2016 Object Code! Description Actual Actual YTD Budget Budget Change 10100 GENERAL FUND PROPERTYTAXES $ 13,712,403 $ 13,527,862 $ 7226,116 $ 14381,533 $ 14,728,749 2.41% TAX INCREMENTS 423,587 549,268 149,125 490,000 380,000 -22.45% SALES AND USE TAXES 881,252 914,651 594 ,283 880,000 895,000 1.70% TOTAL TAXES 15,017,242 14,991781 7969,524 15,751,533 16,003,749 1.60% LICENSES 355,864 311,952 192,727 327,615 298,100 -9.01% PERMITS 728,139 709,458 373,466 400,500 508,750 27.03% TOTAL LICENSES & PERMITS 1,084,003 1,021,410 566,193 728,115 806,850 10.81% FEDERAL 43,370 ----0.00% STATE 959,121 1,320,982 792,777 1,278,641 1,294,437 1.24% COUNTY 4,500 -5,000 --0.00% LOCAL 79,171 80,465 47,357 84,300 92,000 9.13% TOTAL INTERGOVERNMENTAL 1,086,162 1,401,447 845,134 1,362,941 1,386,437 1.72% GENERAL GOVERNMENT 280,662 208,175 127,924 158,050 148,240 -6.21% PUBLIC SAFETY 60,627 13,239 6,691 24,750 16,250 -34.34% COMMUNITY DEVELOPMENT 7,772 2,653 -8,000 6,000 -25.00% PARKS & RECREATION 259,012 256,340 131,302 257,700 254,057 -1.41% COMMUNITY CENTER 382,050 330,190 239,529 406,500 388,850 -4.34% TOTAL CHARGES FOR SERVICES 990,123 810,597 505,446 855,000 813,397 -4.87% SPECIAL ASSESSMENTS 160,755 128,138 76,031 85,000 130,000 52.94% FINES & FORFEITURES 287,631 312,130 148,676 316,500 301,500 -4.74% INVESTMENT EARNINGS (25,763)61,760 34,490 46,787 74,526 59.29% MISCELLANEOUS 162,551 138,349 45,162 106,725 116,700 9.35% OTHER FINANCING SOURCES 3,000 ----0.00% TRANSFERS IN 149,381 129,544 -150,000 150,000 0.00% 10100 GENERAL FUND REVENUES $ 18,915,085 $ 18,995,156 $ 10,190,656 $ 19,402,601 $ 19,783,159 1.96% City of Brooklyn Center 2016 Budget - General Fund - Expenditure Summary by Function 2015 2013 2014 June 2015 2016 Object Code / Description Actual Actual YTD Budget Budget Change 10100 GENERAL FUND 41110 MAYOR & COUNCIL $ 132,883 $ 124,546 $ 100,059 $ 122,010 $ 120,653 -1.11% 41320 CITY MANAGER 308,719 352,491 221,092 337,441 355,392 5.32% 41410 ELECTIONS 72,113 107,326 48,734 90,030 128,002 42.18% 41430 CITY CLERK 165,670 172,593 116,643 175,929 179,246 1.89% 41520 FINANCE 442,559 501,335 360,114 548,859 575,528 4.86% 41550 ASSESSING 325,123 259,591 102,070 201,100 200,825 -0.14% 41610 LEGAL 401,222 403,021 238,829 472,000 454,700 -3.67% 41810 HUMAN RESOURCES 302,961 283,580 210,242 356,289 371,283 4.21% 41920 INFORMATION TECHNOLOGY 429,054 465,200 300,323 488,643 530,041 8.47% 41940 GOVERNMENT BUILDINGS 900,802 674,063 467,658 857,958 841,331 -1.94% GENERAL GOVERNMENT 3,481,106 3,343,746 2,165,764 3,650,259 3,757,001 2.92% 42110 ADMINISTRATION 249,239 288,731 237,380 298,935 306,964 2.69% 42120 INVESTIGATION 880,713 804,986 589,667 880,915 922,509 4.72% 42123 PATROL 4,829,511 5,064,026 3,425,054 5,511,311 5,519,123 0.14% 42151 SUPPORT SERVICES 738,280 791,875 534,922 938,498 955,096 1.77% 42170 STATION & BUILDINGS 197,009 198,390 150,643 257,576 230,714 -10.43% POLICE 6,894,752 7,148,008 4,937,666 7,887,235 7,934,406 0.60% 42210 FIRE 969,323 1,089,170 521,330 1,182,727 1,271,193 7.48% 42510 EMERGENCY PREPAREDNESS 73,725 70,681 50,245 83,321 87,190 4.64% FIRE 1,043,048 1,159,851 571,575 1,266,048 1,358,383 7.29% 41910 PLANNING & ZONING 151,603 235,984 71,126 203,943 163,761 -19.70% 42410 BUILDING INSPECTIONS 457,465 502,799 351,356 584,874 628,718 7.50% 42411 CODE ENFORCEMENT 386,551 397,798 305,529 494,193 480,756 -2.72% COMMUNITY SERVICES 995,619 1,136,581 728,011 1,283,010 1,273,235 -0.76% 43110 ENGINEERING 701,421 805,956 495,129 842,518 857,983 1.84% 43220 STREET MAINTENANCE 1,383,833 1,410,331 805,717 1,449,683 1,491,953 2.92% 43221 TRAFFIC CONTROL 208,077 212,425 128,861 219,129 234,610 7.06% 45201 PARK FACILITIES 892,669 893,115 576,768 1,010,356 1,048,343 3.76% 45204 FORESTRY 85.480 94,696 66,662 98,548 102,906 4.42% PUBLIC WORKS 3,271,480 3,416,523 2,073,137 3,620,234 3,735,795 3.19% 45010 ADMINISTRATION 201,396 208,809 140,517 219,626 227,132 3.42% 45110 REC ADMINISTRATION 443,938 462,958 304,171 462,688 504,781 9.10% 45111 ADULT PROGRAMS 156,119 152,860 108,980 164,612 169,248 2.82% 45112 TEEN PROGRAMS 8,582 5,742 631 17,100 12,444 -27.23% 45113 YOUTH PROGRAMS 56,469 52,834 50,142 60,966 67,073 10.02% 45119 GENERAL RECREATION 30,700 13,507 16,104 29,518 44,344 50.23% 45122 COMMUNITY CENTER 140,678 146,270 74,225 221,242 225,874 2.09% 45124 POOL 395,761 375,826 261,561 363.745 376,588 3.53% CARS 1,433,643 1,418,806 956,331 1,539,497 1,627,484 5.72% 44110 JOINT POWERS 149,203 145,503 135,604 161,000 150,000 -6.83% 45310 CONVENTION & TOURISM 418,595 434,459 288,561 418,000 425,125 1.70% 48140 INSURANCE 181,808 209,003 176,517 232,753 236,438 1.58% 48150 CENTRAL SUPPLIES 219,027 155,498 150,901 171,500 142,080 -17.15% NON-DEPARTMENTAL 968,633 944,463 751,583 983,253 953,643 -3.01% 48170 INTERFUND REIMBURSEMENT (971,172)1,689,822 323,273 (1,014,324)(1,049,324)3.45% 48210 TRANSFERS OUT 102,166 100,000 -187,389 192,536 2.75% TRANSFERS (869,006)1,789,822 323,273 (826,935)(856,788)3.61% 10100 GENERAL FUND EXPENDITURES 17,219,275 20.357.800 $ 12,507,340 19.402.601 S 19.783.159 1.96% Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2016 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that a preliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and WHEREAS, a preliminary property tax levy of $15,368,235 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: General Fund Property Tax Levy $14,728,750 Excess Tax Increment 380,000 Sales Tax - Lodging Tax Gross Receipts 895,000 Licenses & Permits 806,850 Local Government Aid 767,072 Other Intergovernmental Revenues 619,365 General Government Service Charges 154,240 Recreation Fees and Charges 642,907 Public Safety Service Charges 16,250 Fines & Forfeitures 301,500 Miscellaneous Revenues 191,226 Special Assessments 130,000 Other Financing Sources 150,000 Subtotal General Fund $19,783,160 Debt Service 2013B General Obligation Improvement Bond Levy $396,682 2015A General Obligation Improvement Bond Levy 242,803 Subtotal Debt Service $639,485 Housing and Redevelopment Authority Property Tax Levy $308518 TOTAL BUDGETED REVENUES $20,73 1.163 EXPENDITURE APPROPRIATIONS: General Fund General Government $2,915,671 General Government Buildings 841,331 Police 7,934,406 Fire & Emergency Preparedness 1,358,383 Planning & Zoning 163,761 Building and Community Standards 1,109,474 Public Works 3,735,795 Community Activities, Recreation & Services 1,627,484 Convention and Tourism 425,125 Joint Powers 150,000 Insurance 236,438 Central Supplies 142,080 Reimbursements from Other Funds (1,049,324) Transfers to Other Funds 192,536 Subtotal General Fund $19,783,160 Debt Service 2013B General Obligation Improvement Bond Levy $396,682 2015A General Obligation Improvement Bond Levy 242,803 Subtotal Debt Service $639,485 Housing & Redevelopment Authority Transfer to Economic Development Authority $308,518 TOAL BUDGETED APPROPRIATIONS S20.731.163 September 14, 2015 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2016 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2016 be provided to the Hennepin County Auditor no later than September 30, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund - Tax Canacitv Based General Tax Limited Levy $14,669,750 Abatement Levy 59,000 Subtotal for General Fund Levies $14,728,750 Debt Service - Tax Capacity Based Public Improvement Bond Levy $639,485 Total City Levy $15368.235 Housing and Redevelopment Authority - Market Value Based HRA Tax Levy S308 ,518 September 14, 2015 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center 2016 Preliminary Levy & Budget September 14, 2015 Property Tax Levy 2015 2016 Change % Impact General Levy $14,332,534 $14,669,750 $337,216 2.28% Abatement Levy – Embassy Suites 49,000 59,000 10,000 0.07% Debt Service Levy – Improvements 396,496 639,485 242,989 1.64% Total City Levy $14,778,030 $15,368,235 $590,205 3.99% HRA Levy $280,460 $308,518 $28,058 10.00% City of Brooklyn Center 2016 Budget 2 Note: A property tax levy increase/decrease of 1% is approximately $148,000 City of Brooklyn Center 2016 Budget 3 Budget Overview – General Fund Revenues Description 2015 Budget 2016 Budget Change Taxes $15,751,533 $16,003,749 $252,216 Licenses & Permits 728,115 806,850 78,735 Intergovernmental Revenue 1,362,941 1,386,437 23,496 Charges for Services 855,000 813,397 (41,603) Fines & Forfeits 316,500 301,500 (15,000) Miscellaneous Revenue 238,512 321,226 82,714 Other Financing Sources 150,000 150,000 0 Total General Fund Revenues $19,402,601 $19,783,159 $380,558 General Fund Revenues by Source 4 2016 Budget 2015 Budget City of Brooklyn Center 2016 Budget City of Brooklyn Center 2016 Budget 5 General Fund Expenses by Function Description 2015 Budget 2016 Budget Change General Government $3,650,259 $3,757,001 $106,742 Police 7,887,235 7,934,406 47,171 Fire & Emergency Mgmt. 1,266,048 1,358,383 92,335 Building & Community Standards 1,079,067 1,109,474 30,407 Business & Development 203,943 163,761 (40,182) Joint Powers 161,000 150,000 (11,000) Central Supplies 171,500 142,080 (29,420) Public Works 3,620,234 3,735,795 115,561 CARS 1,539,497 1,627,484 87,987 Miscellaneous (176,182) (195,225) (19,043) Total General Fund Expense $19,402,601 $19,783,159 $380,558 New Initiatives Full-time Fire Inspector Expansion of the Fire Department Duty Crew Part-time Utility Billing Clerk Part-time Information Technology Technician Mobile Recreation Programming Recreation Registration Software Replacement of Fire Department SCBA Equipment Replacement of Police Officers Bullet Proof Vests City of Brooklyn Center 2016 Budget 6 General Fund Expenses by Function 7 2015 Budget 2016 Budget City of Brooklyn Center 2016 Budget City of Brooklyn Center 2016 Budget 8 General Fund Expenses by Object Description 2015 Budget 2016 Budget Change Wages & Benefits $13,387,306 $13,686,908 $299,602 Supplies 575,035 666,473 91,438 Charges & Services 6,110,695 6,134,138 23,443 Capital Outlay 156,500 152,428 (4,072) Transfers (826,935) (856,788) (29,853) Total General Fund Expense $19,402,601 $19,783,159 $380,558 Taxable Market Value City of Brooklyn Center 2016 Budget 9 Class Payable 2015 Estimated 2016 Change Commercial $284,830,700 $286,351,900 0.5% Farm 179,400 179,000 -0.2% Industrial 116,400,900 118,964,500 2.2% Residential 881,896,576 983,738,793 11.5% Apartment 186,954,600 195,627,580 4.6% Totals $1,470,262,176 $1,584,861,773 7.7% Tax Capacity Estimates City of Brooklyn Center 2016 Budget 10 Median Value Home City of Brooklyn Center 2016 Budget 11 Projected Property Tax Impacts City of Brooklyn Center 2016 Budget 12 Notes: 1)The 2016 Median Residential Estimated Market Value (Homestead) is $142,100 (Taxable Market Value $117,649). The 2015 Median Residential Estimated Market Value (Homestead) was $131,400 (Taxable Market Value $105,986) 2)These are hypothetical examples for specific property values for Multi Family (2015 value of $1.7 million), Commercial (2015 value of $2.1 million) & Industrial (2015 value of $2.5 million). The values of these properties were assumed to be adjusted for 2016 by the same proportion of total estimated market value of that property classification. If a particular property has a different rate of valuation change from the previous year or additional value added, these values will be different. 2015 2016 Taxable Taxable 2015 2015 2016 2016 Market Market $%Tax City Tax City $% Classification Value Value Change Change Rate Taxes Rate Taxes Change Change Single Family Residential* 105,986$ 117,649$ 11,663$ 11.00%70.026 742$ 70.115 825$ 83$ 11.15% Multi Family Residential 1,700,000$ 1,778,864$ 78,864$ 4.64%70.026 14,881$ 70.115 15,591$ 710$ 4.77% Commercial 2,100,000$ 2,111,216$ 11,216$ 0.53%70.026 29,393$ 70.115 29,080$ (313)$ -1.07% Industrial 2,500,000$ 2,555,060$ 55,060$ 2.20%70.026 35,093$ 70.115 35,304$ 210$ 0.60% Property Tax Changes (Based on 3.99% Levy Increase & Market Value Changes) City of Brooklyn Center 2016 Budget 13 Next Steps City Council to consider resolutions: 1.Adoption of a Preliminary Property Tax Levy establishing the maximum property tax levy for 2016 2.Adoption of a Preliminary Operating Budget for funds that are funded by property tax revenues Future dates: –October through November: City Council and Financial Commission joint study sessions to review special revenue, debt service, utilities, enterprise and internal service funds –December 7, 2015: Public hearing and adoption of final tax levy and budget City Council Agenda Item No. lOb City Council Agenda Item No. lOb #1 [i[iiiJ(S1iIl DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5328-30 Queen 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 5328-30 Queen Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single-family attached (duplex) property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 19 (9.5/unit) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-16-2015 The Owner, Chad Bucher, applied for renewal of the rental dwelling license for 5328-30 Queen Ave N, a single family attached (duplex). 02-12-2015 An initial rental license inspection was conducted. 19 (9.5/unit) property code violations were cited, see attached rental criteria. 04-30-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-30-2015 The previous rental license expired. 05-04-2015 The property was posted as unlicensed. ]'1ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust O1lJ[.J I N V V MhYA U'A I MhY'A (I) 1A'WI WJ1 05-26-2015 A third inspection was conducted and passed. The $100 reinspection fee was paid. 07-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-20-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-17-2015 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. 08-19-2015 A Mitigation Plan was submitted. 08-25-2015 The Mitigation Plan was finalized. 09-08-2015 A citation for $300 was issued for renting without a license. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Mission: Ensuring an attractive, clean, safe, inclusive coinniunhty that enhances the quality of life for all people and preserves the public trust EI1II[i1 I •i I 1k"I U I Dk"A [I) 1I IlIJh'A I Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the -City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Es]JJ[iI I fl Mk'4 I I aih'A 0] 1Sk I 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.r roperty Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv) Type I - 3 Year 1-2 units 10-1 Type 11 — 2 Year Greater than 1 but not more than 4 Type III - 1 Year I 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units I Greater than 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 alipeople and preseri'es the public trust [i[I1BJ(SJ I fl I I DK4 UhYA I *'4 0) UI I1IJ I 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 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: • Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring all attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people amid preserves tile public trust BUILDING AND COMMUNITY STANDARDS XC i ty a BROOKLYN CENTER Ren tal Liconse Mftigatln Plan Type lVLicen se' Handwritten MWgatioi Plans will -not he accopfed, A fit able form Can be found on the City's website a ll wscilyobcoodynoenterorg or call (763) 515M330 to h zzi vo an eledronic copy ont to you via email. Fronery Addres s.-5330 Quen Av Nr - Brqktyri Cer1er, MN AV,i O'iiier's 1`4amo(s) Chad l30Iiar Local Agerit(): Owner's Address: P.O .14 Ag ent' s iJciies OWr1Orr2. Phone: 12) $21 Agent's Phon: Owner'5 Email: ch a myincl @grnail.com - Agent's- rnalF: CLwent Expira1on Date;1 W v Ferthn Expiration Date:j /5iy, tr ircn ffETi erm Fir1n B a s ed on property condlIon and/or validate police nu i sance i noldents. the above refe r enced property qualifie s for e Type IV -E Month FeithI License, Prior to a pplication approval by the Crty Couricir a fu l ly ompIeted Mitigation Plan must be comple ted and approved by City staff. A M i tig a tion Plan must be completed immediato l yin order to ensure timely completion of the licen s e ppIialion process The Mitigation Plan sh.ijId iiithcete the steps .being laken to corrtldentied violations and Iha mea s ures that will 1e taken to ensure ortgoIrg comp l iance with Cliv Ordinances and applLc-IbIC ods A Mitigation Plan aflows the oer and the O il y to review concerns and idanlfy posrble sotutiops to Improve o'erall conditlo of the properly If the Mitigation Plan Is not submitted arid all it e ms are not comptetod W thin the pending license period or the above property operates beyond the license evpiraliri date enforcement actionE such as citation, formal complaint, or l icense rovlew m a y result. Below subrnittin 5 , fi ll-out Sac tions A, B , ziiid C In Ga ted on pacs Z 3, 4. and 5. Fb,ge 1.45 Typ e ?V PeMO Lfpe Igi'i P[a. Rev. Cityou1E1y7 Ciier_tiildinarLnd Ccniini.ilty mmv, c ity oibrQrinni 01 Ell iIi7 C-iiç Pa r h^wV , 8 rckii r)it, MN 5 CAU-2j l Fhi1 73) 6 0 2 _q3O I 1T 711 I (7 6 3 ) 559-O BUIIDING AI COMMUNITY STANDARDSCiky of 52130 Dueen Ave. W-1TJBROOKLYN 40 -Rental License Mitigation rrCENTER J Typ1VLkense Sct[ons A—CrimeFree H ous ing Program RqufrineUs (continued) Phaso III [?J 1) Owner or, agent wlIr attend at minimum 50% (2) of the ARM, nieetlngs, The ARM meetings must ba compktd within the rental Iierie period and before the pending Typo IV License extrtloti date. Registration is not required, hover you Must sign-In during meU r. Wile two Meeting dates an. owner or agent plan t attend, Dwner or agent will ailrd ARM meetings scheduled on: 1U15 2) Have no repeat code-- violatlona previously documented Mth the pa1 year. The following actions arc rquird for prperIeswfth four 4) or mora units. Eli 1) Conduct rIdent trajnlrio annually that ricIude crime prevention IhriiqUe. 2) Conduct regular , resident meelipgs, W.'Verte) Lit*om AVAgaftvtPIFL, 4-14-16 City ef Rirq4A17n Cerkler—BtAldiiiy ci onit azx Detei1 3U1 hirt Orrjik Prk', Urk1i CEnler, MN O219 PJir (7-i rn: 711 I (7I City f BUILDING AND COMMUNITY STANDARDS Bro4J 1'n Cenir,BROOKLYN License Mit1ator PlanJ Type IV L1ense Sections R.—Long Term Capital imprøvemern Plan Based on ''ndItion and age etiniaiet reprce.nien d's need to be provided fGTcommon capital items. Friding shoLild be considered accordingly, itemth1 are broken, worn, or otherwise in voltion prior to the eslirnaiedrep[acement dare need to tie replaced sooner. All items mut have a cf&e for Esi atdAeptaiementDte. Dates euch as: tinir 1 "don't know". or OWhen broken" will not be ccopted± If you are unsure of vihen an item will need to be replaced, you c an nialma prOlotion bomed on the ePPefiCe1 condftion r or mnufathre/indukY recmendtion. Additional inforimation on Expected Usefut Life can be found atww.hud.gov . item Dato Last Replaced ConditioW Expected Replacumetnt Date Example: Water Healer May 20W F My 2020 Fornace 2O4 G 112U Water Heattr 15-120G4 0 Kitchen Appriance 6.i2010_-G Laundry Appinces Smoke Alaimsi Carbon MxideA]arms 4nO1 -G 201 çerior items PeintlSidin rEf Windo F Roof i12Oi4 N -- 1112044 Fence NONE ted NONE Garage 8,1 2009 iri1ripIad F MM Sidewalks it 010 J00 Olile r: Gcindition AbbrItiün NiwJ o'rG Fair--F Heeds ep1i'i1=R WRF rk-in.a, R eV. 44.5 City of or1c1y C@Ut4Dr—EUflJ1rLq wid C Kununy Standards Deparbumill Sad zfMn Ueek Prk Bro4dn Center, FAN 554O-2199 I Phone:- E3-3F I 11Y: 711 I Fx:T53'589-33E4 BUILDINc AND COMMUNITY STANDARDSCity GLEn Aiie NROOIUN RwtI License fUHtgat1on PJaiiCC1 Type IV Li cens e Sections C-.St*ps t o frnprve Managemiant andCociFrions ofFropi1y The items In this secIfon have been proven to asst stwth property ma n a ge ment a nd properly im age, The following aGtions are re-q1red: i c-in with ten a nls every 30-dy. 2)Diive by propry to check for pislbe cede vioEatiorts, 3 Evict tenants in viol a ti o n of the le as e. or any addridurns 4) Remain current on &r uLiiiy fees, taxes, a sse s sments, fines, pcnIie, and oTher fin2nCIl ctaim!payrnent du o The ci lyi 5 Other:,___________________________ The foHowing ac tions aro optlori1 unle s s reqL1[r e d by the City. El 1) Provide riwrIfEinow service. E 2) Provide ga r bage serv ic e. 3)Inst a ll s ewrity system. 4) Frovde niaintenncr se r vi ce plan far apptianoes of service company: ) Other: Ir the Type IV-6 Month Rontail Llceiise s approved y the City Cunii, the, iicnsee nut cmpiy with ihe approved Mi1fg1ion Plan and all appichEe City Cod, A written report must be aubmittect by t he I 0 1 h day ol eah month with an upriate of ac tions being taken by the owner nd•nt to comply with this,MIttgation Pan A copy of the Monthly Update can b e found on page 7. A fl$lable form c.an be found on The City's e-biLo atv yorbrooklyn ce- nter ,org or tall 763J 5-3330 to have a n electronic, copy sent to you kf1a emH. P[ease att a ch addW a a a l i nf matln t neceary. Paçre 7y 4-.445 City of BT)o-oklyn cl^- and CGm niura f y St andt rft Popar1 rden i wimrJi,cerrm 301 SliIrire CreEk rKtay, •Fja nr, WI 4M-2 PJicjr: (1Ii 1T(: 711 Fi i7j -335'J BUILDING AND COMMUNITY STANDARDCity O f 55jj) Quecm AND. H1.B ROOKLYN Brook lyn Cente r, Mi 5543 R e nta L1ne Mitigation P lanCENTERType N Licen s e Sign and Ver i fy I verify that, all intormeiira provided, is true La nd accurat e . I unders t and that 11 1 do not comply with the approved MtiatiQn Plan, tomply lovith all ilonis Withi n the license period, or operate beyond the icne expiriiion date enforemnt such as cfttIons. fo rm a l cüniplaints, or Home review may rul1, Ow'r crAg! Name 3r1d T)(k Pint) J---111^7^ s- Date d R'iL Ptht) Addijonal rA? Owe ci ty slaffOy P&ce DL1rr1IU I4d5 F4A dtdJfO nd irini( b Page EN-15 ? W (Le w'FYt, Row,4-14-5 Ciy OfoicJyia and Ccjiimirniiy Slamdara M!ptr1mm 31 ShliiiI Crk Ceruler. MW SD21 F'hi-rn: çT63 E3-3 I TTY: 711 1 J (T i -3EO City Council Agenda Item No. Ab #2 COUNCIL ITEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J 1" 16Xzkm( SUBJECT: Type IV 6-Month Provisional Rental License for 4118 Woodbine La 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 4118 Woodbine La. 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 ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-19-2015 The Owners, Ron & Jeanette Blasewitz, applied for renewal of the rental dwelling license for 4118 Woodbine La, a single family dwelling. 06-11-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 07-13-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-23-2015 The $100 reinspection fee was paid. 07-27-2015 A third inspection was conducted and passed. 07-31-2015 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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. 08-14-2015 A Mitigation Plan was submitted. 08-19-2015 The Mitigation Plan was finalized. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 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 Mission: Ensuring an attractive, clean, safe, inclusive conilnunity that enhances the quality of life for all people an (I preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations, for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i1t1BJ[IJ IU U IYA U I Ok'A (I) 11I P1BJk I License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 - 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust coMMtJNrr STANDARDSI City 01 SMOING AND RC O]UJYN Rental Lkee FMtgtkn Plan Ucense ffid written M!tlgiliorr i1ns wilt o( be accoPfod. A fillablathrm cn be found On tue City% t w4vcl vrbrookyncrntorcir or calf (76.) 58933 to have an oicttorLk copy it ti yoi.i via email. Pro prty Add r: 4fl8WOthiie Law. Brc:1ri C*r1 MN Ov/n9r Nmes): JrIr SlevL Ownj-' dcfre-s: 15536 Boulder Polnim RjEtierl Prirj, MR 6347 LGI jerit Agen fs Addte5; Aerij' Phore: Agen mail: Pending EcpIrtwi Date - i iFi frm ep&ri Izz-') 6 Ovtu's Pione (612k (1liner5 Emthl: 1bas@oLconi Cürtrit Expfr3iio01 Date: ieiii Eased on Property concJ1km ?rd/or valkfthri pcfice nuIsflte inñcens. the bniIe refrerted property qu1ii for a Typo IV- Month . onth Rent Lrceri&e Prior to eppiic Icir provI by tha City Council a (Lilly cornp1etd M,b1rn Plan mutt be cornpctod nd approved by City Elaff A Milor Plai n must bi completed lrnmethately in order to ensure firnely ompetieii otho license applIchon procets The Mitigation Plan stmuld indicate the steps boIr t4en to cured ic1eibid vlolat'ami and thp mea-wres that will be Iaken to er1ure ciigoing complince with City Odinrices ind ppricib1e codefir A Miigtiori Plan ai[o's 1he owner and Lhf3 City to rev]ew wricerns and idnity possible wfullions ta Improve overall wndiflons of the property, If the MthglFon Plan B nc4 EL.Ibrnitted and all rtrns arc not ccmpFeted wlihin the pending iioere perkd, or the above property operal Lipnd the licne expira1roii date, orceriient IOP5 such aft cthdion forrna complaint Or Jlmns8 rev]ev may ritt SafDre fiHout Sncflon. , . C iaotd on pgs 2,3, 4 and 5 F. - - - tt i1dyit e1—iIiRg ftcfl9reriBrjr I (7) I TTY-7i! For.CTEJ)54imi BUflNO AND COMMU -TYSTANDAIMS4118 Mad CE t1rf EarlE' InII 1.1vm9effliligatTon Plan'XINTER TypIVLcepG StFns A—Cirlmo Free HOiIn F ji,m Req !fh'ie,its E!1 1) L1e a v#ItEn rae aWrre -ii ThEJ,-age agr!p,5_mp,.Ot shall include 1he Crims Free HoUsing Lease Adderithjrn. A copy of tha lease ag rLWM e nt arl d CrTm Jre HousingLfrase Addendum imsi be tththed to The PAItrga6go plan When submitted,Ei 2) Agree to PMUP ihe termination or lea mart or e0c6m of tenant who tfils terms Of the kasa oreny adcendum,tEi 3) Cjidict eHnifnal backUrpurtd check for aI taw prpect1v tenar. If it-is a tnart a tieV b tund check i not requIrd, Must be be to Provide cfturneiifetjortoCity t roquetecL FV 4) Afnd a City approved eight-hour -Crime Free Hing training owe. InformaVem for Opp roved tb urs e s can b0 found a[ www, mncprit utcfav ifie Tiafr?Ir a n dEviiL - ab,A copy f the Crime Free MOUS-Ing CWWGafe Rwt be atfachod tin th-D MIiiatJpiPlan When $u2mft*d. Crrne FMO f1wGusIngFriiiing vras rrLp1eted Gn chedtied for .!!-! Owier or agerttended/a piarinFig to afteiid training at city f- J11 Park 5) SUbmij Mth1y Update by th 10" day ofeaGh mOnth, U 1) Complete a rrfty Aae rrent nd Implement Jmpwvemi requested by the Erook1yc Center Foike epartman. To scbedi.110 an initial or oIiow-up 5ecuritv ACrrE'nf. caiJ (70 ),569-233-44. A foIIewup erner,t must be compbtdbelrore llcensD explraUon iate to verify fhe sectifify irnprovaMerits ha 139en mp1emertj, if a Seuftty Asem has b8cm pr vou4 oomp[etd, write the ompithn daEe. Security Ar.,sewmentwa carnple.tcid crpñs athedvfd fiat , Security Aer1rLt foirciw-up Was ornp1eied ns ah.dIecI for__________ ContlinvO Sets ii, Ptes Ill on pa L P ipft%444-15 OfIr Czit Ujld±n d:ii .Shirçjki OnekF1:w r*.i-i tanhzir, MF54219 1 Phnc 631 u F T: tii i Fix nc Nr E Ldbtr Lane r&iHjn Rental Uconse Mitf:gHtfon Plan Sections A—Cthzie Frop Ho u sing Program frornr (onthwd) PhsIH Qvmef Dr niii attentf, aj minimJrn &i (2) c1 th The &RM, tins nust 114 COMPTeted Wlthifn the rt1t period and before Th p en d i ng Type IV Lkrbe expiration data, Regi1ttn is not roqOrecl, ihowover youmust ri-ir duriag ale meEling. WrIo two meetIng dataas rt owner or sgert plan toattrd. Onr'rgent wiIJ erud ARM. rnelings Cho ubd orb: and !1 2) Have no repeat xrie vqolations p'revioy documented Wth the past yost. The kIIwIA9 a-ctlons are r&f red for Properties with four or more wilts.El I) Coniiirt:t e.sIdiit trafning annually that ilncludbeq rdrne prevrThDn rhn1qu.J 2) ConcE1Jct regular resithiiL rnfljns, pallm F fl 5 CItY Of BX 1304YA 10 elite t--- ]BUR41 rig EkIld Coimmunity t&dzd Dfrnat 01hir creek ix*i•i MP 54iO2iE Ptn: 1E33 11'. l 1 J (7) 5-€ - BUIIINDCOTAJJ CENTE Ew1t1 Reta Lice nse M igg aVio n P Tki* IV License Sinc 0ons 13 —Long Thrm Coplit0ftP rove men man on tdi1on and ag e , mated rp cement dates need tO be provIded for ca rRrnon. ca pitalhraa, Funding shOuld. be toiiidetüd ac cordin g ly, Eten that are bmcen tm, or herwla infoVaiir-i pilot to h& esti mated replernerbt dale need o JC re placed sorter, All [ter n s jyjust tawi adare foT Esrnfed Rrrm A-. D a tes uth :uLJ'e" dn'I kw' orbroken" wifi ilot t ac cep t ed. f you are un s ure o f iten , wii fled tP be T opl aced, y ouiranmake a pred1ion based on th ge, apprance Qondftlol, orrommtrio Additional inftrrnaQR on Epeot&i U seful Llf an be found at wyiv,iud. Item D iale Lt Rpiaed Eanip!; W&I'r J1&tfjf May 20W rJ1ae 124IMm f Water H eater MUM Ritcfien APIanC d 1/14 1 CAh-sra 20C Laundry pp Ian oe 1'9I 1114 wash 25 SnokeAarrn/ Carbon Mnxlda Alarms T^Ztgf it P9It/iding - Windows1 Roof - Fric Shed Tits -- Garag e 1 U5 D riveway Sidewalks 1 Fj59 Other NewN condr Epeoted Ru plgc ern e nt Dat May 2020 1 3Qi2O2O f M-21 712O2 a&2018 61201 9 Z05 C1 - 2 DM Ne F r:3 t3 G G F Pogo 4M Cy fkIyii 4 nminiy tndx vw c L1YDLI'1Ier630T ibif9 Crk UrciIO&ije- MJ 55 C2i l Phn:I 3) HcM li LJ i TTY- - BT1XUIMC AND CQMMUtTy STANDARDS Type IV Llconge Ior C—Steps to Impro veM agementiid C on ctittana of Property Tue item!; hi this secton have been pven to assist with property majernent rind property image. Th follovilng actiona LJ i) cin wLli wartants B1e,ry day.f 2) Drive bypmprty to c ek kw p ibIe coda *lUons. j 3) EVIGI tenants Irb vibltio11 ol'thit tease or any 1dendiim, 4) Re-main ri a ll Utility fe, taxes, aessmttts, fin e, .eralties. and otherfinancial cLlifpa nts due to City.J 5) The f6llowing actions are aptlotial unlessrquTred by the Cly D 1) Provide, lawnIsiicjw 2)Provfd8 garbage 1'Ic?. 3)Install &eILWrity tern. EJ 4) Provide nieni-io seMce plan for appiance. Name of vice cornp 5}OTher - - it the Type IV-& Month Rental License L ?PPNY'/ed bytlie Cft. Coiici1 1 the Insee niust QQMPIYwith £he iproved Mtation plan arid all applicable Cftt Ctides. A wftten repôrL must bsubmitted by the 1 O dy Of each month with an update of actions being t4n by the ownerenr agent W comply with this hV800tion. Fkrn 4 copy of th Monthly Update can be round onpage 7. A Sable form can he found on the, CiVs websife at wdty Throiy enteror or call 7) 5€9230 to have anelectronic, copy sent to ybLr i1a email Ptse attach additionql Information Ii 1ecssary. TVkc V fryi Cnth -1±IkUn tiLd Dr1mxtr.]cI ri1r,'N &51(F-1fli I I TW7Ti I EtJ]L1 INC AND COMMU1Y STANDARDS_R tb luxN 116 v1bIrh. erith1 Lic o nse Miti ga ti o n Ptr Typc IV U cen se 1ri and Ver ify I verify IhLat oll Ir*rn.ior provkhd Is true 91d Jdtid that If 1 do n't cxrnpFj wilh the apprvd MiUgtkiri PJri, comply wilh a l l iem- within the Ikne perkid Orprte büyant thellcunov expi ratlonenk'rirnnt oUon su c h as cittIon, fornii compIain, or I1cns reviewmay re s ult J'BnLe EIjj - T F*) /Vmvrg roreJtj o.V K AipQwnr i2rAqr,4 tNiamiq and PL abtt?. Reuse PM^j -A ON L'mJI Qwnr orAOetrI Si4 balie Cy$ffOn e__ 4 /L/ .. cqçi( SWI1I! - CO rnripj &sndard.PiRrfTwAt VJ??thJi Ijr?, Rim 44-15 City Jrkyn C t'-ithd1ag .iid uuiI1y Dipaxntexit w cii icrr rqE.J1 bh1rji Oriek Pikw2y, El flt$TI CiIt, MN 5H 311-2 199 1 F1C4W I7t) -UI 11 711 I Far- City Collndll Agenda Item No. lOb #3 IEI]JJ[IJ I fl N I aIhY'A s I a [I) ii asia I DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerl SUBJECT: Type IV 6-Month Provisional Rental License for 3901 Burquest La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3901 Burquest La. 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 licehse 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 April 14, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on zero (0) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities: 05-08-2015 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La, a single family dwelling. 06-17-2015 An initial rental license inspection was conducted. Zero property code violations were cited, see attached rental criteria. 07-20-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. (previous license) 07-31-2015 The previous Type IV Rental License expired. 08-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-18-2015 A Mitigation Plan was submitted. 08-20-2015 The Mitigation Plan was finalized. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. Previous Type IV Rental License approval activities: 01-28-2015 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La N, a single family dwelling. 01-31-2015 The previous Type IV Rental License expired. 03-02-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 03-18-2015 A Mitigation Plan was submitted. 03-23-2015 The Mitigation Plan was finalized. 04-02-2015 A second inspection was conducted and passed. City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime, Free Housing Program, etc. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. 04-08-2015 A $300 Administrative Citation was issued for renting without a license. Prior Type IV Rental License approval activities: 07-09-2014 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La, a single family dwelling. 07-31-2014 The previous Type IV Rental License expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust S[I1Bk'[iJ I fl I h'4 L'A I aK'4 (I] t1I I1IJk'A I 08-14-2014 An initial rental license inspection was conducted. 7 property code violations were cited, see attached rental criteria. 09-16-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $200. 10-30-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $300. 11-13-2014 A fifth inspection was conducted with staff and failed. A $100 reinspection fee was charged to the property. Total for reinspection fees is now $400. 11-26-2014 A sixth inspection was conducted with staff and passed. $400 in reinspection fees still owed. 01-28-2015 The $400 in reinspection fees was paid. 01-28-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-28-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-05-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-12-2015 A Mitigation Plan was submitted. 03-18-2015 The Mitigation Plan was finalized. 04-06-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 13, 2015. Previous Type IV Rental License approval activities: 01-31-2014 The previous Type IV Rental License expired. (See 02-20-2014 for citation info) 04-02-2014 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest La, a single family dwelling. 04-14-2014 An initial rental inspection was conducted. Five property code violations were cited, see attached rental criteria. 05-14-2014 A second inspection was conducted and failed. 05-28-2014 A third inspection was conducted and passed. 05-28-2014 A $100 reinspection fee was charged to the property. 05-28-2014 The $100 reinspection fee was paid. 07-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-09-2014 A Mitigation Plan was submitted. 07-14-2014 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, sqfe, inclusive community that enhances time quality of life for all people and preserves the public trust EI1IJ[J I UI I DWA L I M'4 [I) 11I I1IJ I 08-05-2014 A letter was sent to the owner notifying that the hearing before the Council will be held August 11, 2014. Prior Type IV Rental License approval activities: 07-31-2013 The previous Type IV rental license expired. 07-31-2013 The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest Lane, a single family dwelling. 08-02-2013 An initial rental inspection was conducted. Five property code violations were cited, see attached rental criteria. 09-06-2013 A second inspection was conducted and failed. 10-23-2013 A reinspection was conducted and passed. 10-23-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Incidents were disturbing the peace on 06-26-2013. 11-06-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-18-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-02-2013 A Mitigation Plan was submitted. 01-28-2014 A $125 Administrative Citation was issued for not submitting an approved mitigation plan. 02-14-2014 The Mitigation Plan was finalized. 02-20-2014 A $125 Administrative Citation was issued for not meeting plan requirements. 02-20-2014 A $300 Administrative Citation was issued for operating without a valid rental license. 03-12-2014 A letter was sent to the owner notifying that the hearing before the Council will be held March 24, 2014. Prior Type IV Rental License approval activities: 12-28-2012 The Owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest Lane, a single family dwelling. 01-24-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 01-31-2013 The previous rental license expired. 02-05-2013 The property was posted as unlicensed. 02-12-2013 A second rental inspection was conducted and passed. 02-12-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 02-19-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I1SJ[iJIfl 03-01-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-13--2013 A Mitigation Plan was submitted. 03-27-2013 The Mitigation Plan was finalized. 03-29-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 8, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI]JJ[OJ I U I I DIA L I M [I) 1I flIh'A U 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. Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust b. 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 Type III — I Year 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units I Greater than 8 Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). LicenseNumber of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 umts 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualltj' of life for all people and preserves the public trust i1II[iJ I fl Dk'4 I'A I 1k"A (I] 1I I1lJ I 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: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3901 Burquest La Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE TV RENTAL LICENSE FOR 3901 BURQUEST LA WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3901 Burquest La, was issued a Type IV Rental License on April 14, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3901 Burquest La, 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 3901 Burquest La, Brooklyn Center, MN. September 14, 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. TBROOKLYNBUZLDTNG AND COMMIITY STANDARI)S ityof Rental License Mitgatin Plan CENTER - lypo IV License Handwritte n Mitigation FThs will not be a ccepted. A tillable form oen City's website atwwcityotbrooMyt9Center org or call (763) 569,3330 to he elliono copy sent to you via emi. LY 2- 'N 'N Property Address 9O1 lurque Lne North 'N -Brooklyn CnEr, MN 5E429 Owner's Name(s); EdiTh and Ed'iãn Nrii Owner's Mdresa: 284 'oernite Averuc So'jth St Lui Park, MN 55416 Local Agent(s): Lee 13advey Agerit's Address: 233 Yosemite Avrniie Soth St ioui Frk, MN 5541 0 Owner's Phone: (6t2) 99Q-2592 Agent's Phone: (7) 4-813.05 Ovrier's Email: caringsisiar.crnti1't Agent's .mail; cinsistes@comct.not Current Expiration Date,J fi '. Pending Expiration Data: Based on property conditions and/or validated polite inuisance incidents, the above referenced property qualities for a Type IV -6 Month Rental License Prior to application approval by the City Council a fully completed Mihatron Plan must be completed and approved by City staff,,A Mitigation Plan must be completed immediately in orderto ensure tirnIy completion or the license applldt1on process The Mihgatton Plan should indete the steps being taken to correct identified u012tiors and the measures that will be taken to ensure ongoing compliance with City Ordinances dnd applicable codes A hilitigation Plan allows the owner and the City to review coincerns and idenify possible solutions to improve overall oondilJens of the property- If the Mitigation , Plan is noL aubmitted, and all items are not completed within the pending license period, or the above property operates beyond tho license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Bfüro subrolitting, fill-out Sections A and 0 located on pajes 2 3 4 and 6 . Phase I J 1) Use a wiitten 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. 2) Agree to pursue the termination or lease agreement or eviction of tenants Who violate the terms of the lease or any addend urns. J 3) Conduct criminal background check for all new prospective tenants If it 18 a current tenant a new background check is not required, Must be able to provide documentation to City if requestod 4)Attend a City approved eight-hour Crime Free Housing training oourse information for approved courses can be found at vAv4vrnnQpa.net under the Tmin ing and Ever!s Lab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when aubmitted Crime Free Housing training was completed on/is scheduled for-, Owner or agent attendediis planning to atlend training at city of 5)Submit Monthly Update by the 10th day of each month, Phase II 1) Complete a Security Assessment and implement improvenients requested by the Brooklyn Center Police Departrrient. To scheduo an initial or follow-up Security Assessment, call (763) 569'344. A followup assessment must be completed before the license expiration date to verify the security improvernents have been implemented. Its Security Aszessment has been previously completed, write the conipltion date./ecurfty Assessment was completed anTis schcduleci for: . fii?i Security Assessment follow-up was completeti on/is scheduled 1o: .///'Vjt 4 Continue Sections A, Phase Ill on page 3. 216 Type WRon lofLicanse, 1grk'? P(zui, Rev. 4-14-5 AMR OBW- BUILDING AN D COMMUNITY STANDARDS MINW-ADW CityofBROOKLYN 390 1urqueLoNh License Mit ig ation Plan Type IVLicone Setcns A—Cthrne free Housing Pro gram Requirements (continued) Ph as e Ill j 1) Owner or agent will attend a t mirrnun1 50% (2) of (hQ ARM meeti ng s . The A,RM. m e etings must The completed within tho r e ntal fene Pe riod and before the pending Type IV Licse expiration date, Registration is riot required, however you mustigii4n during the rnee.tig. Write two meeting dates an owner or ag e nt plan to attend. / Owner or ag e nt will attend ARM. Meetin g s scheduled on; 2) Have no repeat code violations prevlôtisly documeflted with the past year - Tha fo llowing a c tio n s Are rquired for pro p-b rties with four (4) o r m o re units 1) Conduct residen t triniri nniiaIiy that includ e s riirri prevention techniques. J 2) Condu ct regular resident meetings. Fkq^qva 345, - - Type Flan, Aw, 4-14- C en ditto Expected Replacement Date F May 2020 C 2027 G !22 202 C 2018 G 2018 BUILDING AND COMMUNITY STANDARDS City of BROOKLYN Brooklyn cen1er KIN 542 Rental Ltcnse Mitiga tion Plan Type IV License Sections 11—Long Term CapItI Improvement Plan Based on condition and age, etinited replacement dates need to be provided for common cpktat items., Funding should be considered accordingly. Iterns that are broken, worn, or otherwise in violation prtorto the estimated repi rnnt datel need to be replaced sooner. All items must hv date for Eiimafeci Rep1eeinent D. Dates such as: 'un5ur&,'don't know", or when brGken" will not be accepted. If you are unsuro of when an item will need to be replaced, you can, make a prediction based on the age, appearance, condition, or manuI-acturetindustry recornmendatiors. Additional information on Expected Usefu Ubo can be found twrwhudgov, Item Date Last Replaced Example: Water Heater may 20W Furnace 2012 201212LI I IlI1I - Kitchen Appliances 20t2 Laundry Appliances 2012 Smoke AIarnisl Carbon Monoxide Alarms 203 Exterior Item s FaintiSiding 2005 Windows Roof Fence G 2020 2020 F 8025 Shed none Garage 2000 C 2030 Driveway 2000 F 2050 Other Cdfficn Nbrvialin: NeN CodC FiFF Neo-ds Repiacemrit=R Pa p 4A5 - Type WR tmrqMcon s o Mifigarkm !rjj Rev. 44 V 15 BUiLDING AND COMMUNITY STADSCiLyof Cl IAN 5542^CENTER Rental License Mitigat i on P lan nF__________________ Type IV Lcnse SetlonsC—Stps to Improve Managem v ntaijd Conditions of P roperty The items in this section have been proven to assist with property management and properly inge. The following actions are required: 1)Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations, J ) Evict tenants in violation of the lease or any sddendurns, J 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other finanil clainisIpvmoms dUe to the Cfty. LJ 5) Other The fo l lowing actions are optional unless required by the CIty .E1 1)Provide Iawnfsnow service, ]2)Provide garbage service. [J ))Install security system. 4)Provide maintenance service plan for a ppliances. Name of seniiee corripany; U 5)Other, If tho Type lV-5 Month Rental License is approved by the City Council, the licensee must comply With the approved Mitigation Plan a n d all applicable City C ode s , A written report must be submitted by the 1O' day of each ninth with an update of actionir. being taken by the owner andlor agent to comply with this Miti g ation Plan. A copy of the Monthly Update can be fund on page 7. A iiliabhe form can be found on the City's website at wwwcityofbrooklyncenler,org or call (76) 56330 to have an eleetranjo copy sent to you via email. Plea s e attath additional information if ncossary. pa ge . .Orv, 4-445 BUILDING ANT) COMMUNITY STANDARDS NTER 1urquLneNcrth Rental License Mititin Plan Type IV License Sign and Veilfy I verify that all information provided is true and accurate, I iiriderstard that if I do not comply with th apptved Mitigation P1n comply with all Items within the license petiod, orperao beyond the license expiration date, enforcement actions such as citations, formal . complaints, or license review may result. iLLi6 fcJ<'LE'I Own er r Age nt Natm irn1 TU (P Prfr-d) L' Wlft'2015 OwmrorAtt S.gIUi- / Dole Name and Tine (fAppik FrinJ Addirbi! 0wrer ctrAqinl S &.Lire ff App?bki') iJafe City Staff O / a1 _____ PoJe D ep artmea t Date f - 1-41t6 QCV2 c5w-1 Pepartmenf Dale type TV R2J?fI JCLJ] M(iii P, Roy. 44445 City Coiuunidil Agenda Item No. i©b #4 COUNCIL ITEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6007 Girard Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6007 Girard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on February 24, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. 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 The following is a brief history of the license process actions. Current rental license approval activities: 04-30-2015 The previous Type IV Rental License expired. 05-07-2015 The property was posted as unlicensed. 05-07-2015 A $125 Administrative Citation was issued for not meeting mitigation requirements. 05-08-2015 The owner, Ben Dossman, applied for renewal of the rental dwelling license for 6007 Girard Ave N, a single family dwelling. 05-22-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 06-10-2015 An Administrative Hearing was requested and the Hearing Officer dismissed the citation. 06-16-2015 A second inspection was conducted and passed. 07-13-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-13-2015 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. 07-22-2015 A $300 Administrative Citation was issued for renting without a license. 07-30-2015 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. 08-10-2015 A Mitigation Plan was submitted. 08-25-2015 The Mitigation Plan was finalized. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. Previous Type IV Rental License approval activities: 08-25-2014 The owner, Ben Dossman, applied for renewal of the rental dwelling license for 6007 Girard Ave N, a single family dwelling. 09-19-2014 An initial rental license inspection was conducted. Nineteen property code violations were cited, see attached rental criteria. 10-31-2014 A second inspection was conducted and passed. 10-31-2014 The previous Type IV Rental License expired. 11-19-2014 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a 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 rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-28-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: 01-29-2014 The Owner, Ben Dossman, applied for renewal of the rental dwelling license for 6007 Girard Ave N, a single family dwelling. 03-21-2014 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 04-21-2014 A second rental inspection was conducted and failed. 04-30-2014 The previous rental license expired. 05-06-2014 A third rental inspection was conducted and passed with a weather deferral. 05-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2014 A Mitigation Plan was submitted. 06-04-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-30-2014 The Mitigation Plan was finalized. 07-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 28, 2014. If approved, after six months, a new rental license is required. The, license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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 Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and, mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a.Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. - Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1 - 3 Year 1-2 units 10-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III - 1 Year 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 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 as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 uiiits Greater than 025 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greatei than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6007 Girard Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6007 GIRARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located 6007 Girard 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 6007 Girard Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6007 Girard Ave N, Brooklyn Center, MN. September 14, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ty of BROOIUYN CENTER Rental Uc e nse Mittatior Pl a n Typo W Lkiis ifound on the Cl' copy sent to 4 -. :i Handwriffan Mitlya tlon Plans will not be accepted Ai!IblE fwrr we bsite t wv itofbrooklynceMer.aig or cal! (7 69330 to ha y ou via eml. Property Addr 8007 Girard Av e rwe N Brooklyn Center, MN S alb 0wfter1 s Nam( 'n rran IV Owner Addre: 911E1 Pe r1r1AVON rr.'okJyn Centuj ln 6444 Owner's Phone: (1Z Eio&10 Own e es 2fnail - berdossmarmcsLnt Oiurrerkt E xpiration Date: iWji ij Vi Lo cal Agent(s); R & B Man ^I ent Ill Ant Mres: 2G Fremont Avenue 1 Suite 209 #1F)lj5 MN 6-54 11 Ag enVs Phone: (763) 56-3240 Aer EmaiL rebecc.a@ahrnn.0r9 Pending EpIrati Dde: wi' ( 1 I i/ Based on property icondi lions aindllor validated police FiuIan- I Ient, the above refereed property q LfeIif1e for a Type IV-8 Month Rent Urv'ert se, Prior to appli ca tion approval by the City Council a fully coniped Mitigation Plan must be conipteted n4 approved by City s taff, A MiUgation Plan must be cotpI'eed krnciatey in order to ensure li1ey completion of the lierie application preisa. The Miti g ation Plan ahoWd Indite the steps being ta ke n to correct identified violations and the mares that will be taken to en s ure orig ning oornpliance with City Odinenoes and applioame co d es, A Mitigation Plan a lli mt1 s the owner and the City to review concerns and identify possible solutions to improve overall conditions of the py perty, If theM iti g atlork P1r is not euhrnitted, and afl items 2re not oonipeted Within the pending lene period,. or the above property operates beyoM the license expiration date, enfor t ement actions such as cItstiri, formal oomplairLt, Or license review may result. 'B efore ubn fttirg,fi ll -out Sections I B and C tactd on pa g es Z 3,4, and S. P131-.19 T/5- Type JV Fc-Ir Fki, f? 4--r5 1t7 of 11jeo oMyn C e p4i ity.tat1za5 flp1oitt tiSM Shin Crk Piwy, Dr co 4yn C e nter, MN 45J-21 I Fhwi; J E5-zD J ]Tr 711 : (7E.3) E5-O BUILDG AND CONMUNITY STANDARDSCityOffAnutN CENTER rIn Crr1ir, MN 430 eflta License M[tJafieii Man _____ Type IV License eet1en A—Crime Fraa Housing Progra m Recpxirem erfl Phe [] 1) Use written lease agreement. The tese agreement shall include the Crime Free Housing Lease Addend urn A copy of the lease agreement and Crime- Free Housing Lease Mdidui must be attached to the MiiJUi Plan when submitted. EJ 2 Agree to pursue the tarmin2tion or lee agreement or evlclionnf tertants who violate the terms or the lease or any eddendunig, j 3) Condua- criminal background check for alt new prospective tenants If It Is current tenant a ni baciend chea is not required. Must be alote to pravde dorurnentaln to CRy1 requested [J 4 Attend e City approvedeight-hour Grime Free Housing training course 1nfomion for approved courses can be found at wwmncpanet lunder the Trinfrng nd Events tab. A c opyof the Crime Free HousIng Crtificete must be attached to the Mitiatoti PIar when 5tthmFtted Crime Free HusItg traJriin vias conipteted Ws sthedited Ibr; Owner or agentd1is platriir to attend training s city f: ] $) -Submit Monthly Update by the 1 V day of each month. Phase Ji I) Complete a Security Assetsment and implement imp smeiits requested by the rciokFyn Center Police Department. To schedule an initial or oItow-up Security Assessment, cell 763) 569444. A owtp aesniant mutt be completed bofore the lletise expiration date to verify thD $eurty improvements have been Implemented.If a Secuiity Assessment hs been previously completed, write the completion date, 2'5ecnmtsornpteted onus scheduled for:.JJU 2 11Lf 1 L Security A esrneritflIow-up was completed onus scheduled idr. 145 COntnue Sections A Phase Ut On page 3 Papa 24 rpvLr)pY 444-45 City I Qoiykt"uildiitg uc yat1a I)Far*Tn! yrEdr4rcc 5O1 3hIn Ck Frt. iy 1 5rcjc1dn nr1 I IN 554O 2Tr Phan (L.) TTY.711 I IHJILDINC AND COMMUNITY STADARDSTly RCI?IYN raokyir4rr 1 MN $u Rental License MI atiri Plan Type IV Lie &LJôns A—Crime Fr Hu* Program Re frmLs (continued) Phase III j 1) irwrier or agent will alland at minimum 50% (2) ofthkRM. meetinga. The ARM. tnings must Pe conip1otd wiriThi the rental IIcen eQd arid before th pend -in Type IV License expiration date. Re galstration, is not required, liwever you must sfo-In during the meeting. Wrijte VuomeeUng dates an amer or agent plan to attend.. /Owner or agent will attend ARM. meetings scheduled on: rd'10115- At Have no repeat code vIQIiw15 preAjously documerated with the past yai. T following atoms aro rqu]rd for properties with iôur (4) or more units. 1)Cindua resident training annually that includes crime prevention techrques 2)Conduct regular resident meeting , T;pt V MR? ;'1Le Mr' irn, Rev. 444-45 0ty1AcIDk1p —uL1thngand caihkt Dpxtmt 2.hir4t Cre< P atl-veay, Brith!'ffl r$r1 Mfl 40-2 1 I TTY: 711 Item Dat* Lt Rlaeti Exemple: Ivater peg aler May 2016 Fimae 2 0 10 WatetHetr 2010 l<ftcn ?p*ne 14 L ati ndpi Ap plisnce5 2f)1 2 rnoke At?rrriJ Crbn 1rde Jrrns 2E113 •Eterbr l ie rng PintJSiding Windows Rao Frie $hd Driveway SidewIF Other: 2000 Oiglnl 2OO Oriiin iii Ofi^in sll Nor • — BUMMING AND COMMUNITY STA NDA RDS BROOEIYNCity of &)7 Girard Ave nue N Erc-zikJin C?fl!r 1 MN MO F4fltI Lkn MItljatIoi Pl a nCENTERType IV License ser ttons 8--L-Ong Tn Capi tal impro"M o-W Plan Based n condilin n and aga , e7tu rnate d rIErnrt dates need to be provided for common capit al. IernL Fwidir .hoLtId be c nidered crdiny, Items th a t ar e brolzen , w o rm, or otherwitn In 'iiciItiti p r ior to the eotima ted replacementdete need to be replaced soonat. All iterrit rnu have date for bate. Dates su c h a: 11 irnur& rkn1 tkiit*v, P ir"when b ro ke n * will. n ot bo accept e d.fyu are u n-s um of When an itm 'jji]In--ed to be iep[eced you c-an make e pre d iction bed on ffieage, ape.rnce, condition, or comrnend1ion Addiiona1nformtion on Ex pected Uef*iI Lift be fdund aiw wJ-. gov . Cend]tIon' xpete4 Replcement Date May 2020 Pay 2020 - • 1y;2020 June 2021 AriI 2020 G 2017 June 2043 ______ JuIV 209 C NQFle J4' 205 2 2D3 None 'GGn6Lk-A AbIin N.'=P1 ur.4 Fa ir--F Utce ds Rp1aceniniR ôk1n Clente r—Buildingr and CDrnunyth 1LTt 6U1 Cfe*lc Pikwy, uc4dyn Crrk4P E4 -2i I TT 711 I F.. 17) 589 -W E-0 BUILDING AND COMMUNITY STANDARDS BROOKLYN Avenue NLE CENTER ft)øI},vn Cri€. MN Rental Ucense Mit1gAtkii Plan Te IV LIfl Sd1ons C—Srops to Improve Manay am ent and Coi diths vfProperfy Tha items in this section h been proven to assist With property management and property image. The followfng actEins are requlrod I ) Check-in with tenants every 3Ody. ) tnive by property to ohecR for possible code violations. [j ) Evt terianth in viot1ion of the lease or any addendurns. 4) R'amaiji current on Il utility fees, taxes, asstassments, fines, pnakies, and cithr financt clairrielpayments due In 'the City. Eli Other: The foIIowrn ctin. are optional Unlen required by the City. 1 Provide Fawnlsnciw ervic 'J 2,) Provide garbagF] ) EristiF 5--curt/ system. LII 4l Ptvide maf ntenarin service plan for eppiis, Name of 5ervice company: Eli If 1he Type P/-B Month Rental License- is aWoVerj by the City CoLsiI, the licansee rrlLrsL comply with the approved Mitigation Plan and all epplcab1e City Codes. A written eprt must be submitted by the 10 1h day infeaoh month with an update of actions belng tkn by Ih owner eridlQr agent to comply with this MltIgeioi Plan. A cony of he Montity Update can be found cri page 7. A filrablo form canbe found oil the City's webite at wwv.ctyothrok1yncenter.m or c5 (Y) 669.3330 to have an electronic copy sent t you '4a eniell. Please attach d tinaF informetton if riecessary TYPP JV grhii Pi, Rei City IEro]dyi C hv—iiilig z1L4 Crnrni.mIly 3ndxi tMitt wAhrilemq 3['l1 ShnI CrI 3rcal, Wnntr,M I Phone: 7E5 M711 [ UZLD1NG ID COMMUNY STANDARDS B RT N0 7 JrnQenter PIN - Rental L1r Mititicin Irn Type IV LIiia Sign and Vwify verify that all info rm a tion prQvk1d s true and rt 1 understand that if l do not, rnply with th e pprvd Mit3aon P la n, cornp] wth all items With in the, Ilrse perd, or operate b e yo nd the license xpEctn date, enforcement actions su cli ss citations, fcrnl co mplatrits, or ke nese, kiW may resuIt Re c' 0 kru OLvwtvADent PJmerrd Tñ (P'8 Piifr DwmrirAçjtif Xc1r4A / QL) 2 A'rjJ Qw rorAem ni and Thi F7e.se !'frJ Adf.¼afOw.re,rocrir we (fAppJ.i Cky svi ff io wy ^; e ^ e—C kfc piThffl D8JB Y& 7 -7____ *L Y4a &'rei Lv?.!y rIjlr{ pwtrwrr 4-145 City 1pffrookIYA —Buiiiiii 4 commun t ty, St&ftd ard!;rete! C kPrk&', PrgWp tenter , IM 5,5 43N21 Rd I "n I TFY Ii City Council Agenda Hem N©0 1©b #5 COUNCIL ITEM MEMORANDUM DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 6AM4YLtZlV( SUBJECT: Type IV 6-Month Provisional Rental License for 6937 Unity Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6937 Unity Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on 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 five (5) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM The following is a brief history of the license process actions. Current rental license approval activities: 04-30-2015 The previous Type IV Rental License expired. 05-07-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. (For rental license expired 04-30-15) 05-13-2015 The owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. 06-08-2015 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. 06-08-2015 The property was posted as unlicensed. 07-09-2015 A second inspection was conducted and passed. 07-22-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-22-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-22-2015 A $600 Administrative Citation was issued for renting without a license. (Repeat citation for license expired 04/30/2015) 08-10-2015 A $1,200 Administrative Citation was issued for renting without a license. The citation was dismissed due to submitting Mitigation plan. 08-17-2015 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. 08-18-2015 A Mitigation Plan was submitted. 08-20-2015 The Mitigation Plan was finalized. 08-27-2015 Administrative hearing held for the $600 citation that was issued. Hearing officer imposed $350 and dismissed $250. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. Previous Type IV Rental License approval activities: 08-11-2014 The owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. 09-10-2014 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 09-24-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-13-2014 A third inspection was conducted and passed. However, the $100 reinspection fee is still owed. 10-31-2014 The previous Type IV Rental License expired. 11-24-2014 The property was posted as unlicensed. 12-01-2014 A $100 reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-01-2014 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-04-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-29-2015 A Mitigation Plan was submitted. 02-03-2015 The Mitigation Plan was finalized. 02-15-2015 A $300 Administrative Citation was issued for renting without a license. (License expired 10/31/2014) 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. Prior Type IV Rental License approval activities: 01-15-2014 The Owner, Wells Bovard, applied for renewal of the rental dwelling license for 6937 Unity Ave N, a single family dwelling. 02-12-2014 An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. 03-13-2014 A second rental inspection was scheduled and no one was on site to meet the inspector. 03-28-2014 A follow up inspection was conducted and passed. A $100 reinspection fee was charged to the property. 03-28-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. - 04-07-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-15-2014 Staff spoke on the phone with the owner regarding his concerns about his license status. 04-21-2014 A Mitigation Plan was submitted. 04-30-2014 The $100 reinspection fee was paid. 04-30-2014 The previous rental license expired. 05-07-2014 The Mitigation Plan was finalized. 05-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held May 27, 2014. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people end preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. ---- J'Iissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1y) Type I - 3 Year 1-2 units 10-1 Type 11-2 Year 11-2 units I Greater than 1 but not more than 4 Type III — I Year 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 1-4-units 0-0 25 5or more units 0-0.35 Decrease 1 1-2 Greater- than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust EI1tk'[iJ I Mk1 U I k'A 0] 1II 1Ih'I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6937 Unity Ave ft'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6937 UNITY AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6937 Unity Ave N, was issued a Type IV Rental License on 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 6937 Unity 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 6937 Unity Ave N, Brooklyn Center, MN. September 14, 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. X UILDiNG AND COMMUNITY STANDAXD Bityf Reifl Lienc Mitigation FE Type -W License Handwritten MWq arion PIs will not be. accepted Afiiib!e form crne {ui on the City's wabsite at wv riyo brookirneiter org or call (73j 56-3330 to have a *lronrc copy ont to You via enieil. Ptoperty A&fr€: 6c37 tinily Ave. N Q'1'vrief Name(s): Owne.r Acid res: 410,3 Gt'lumbu Av S. Minneapolis, M4 65407 Local Agent(s), 1. Agent's MiJrecs 380D American MJ, W, Suile 1.5]O lriinri, MI &!11 Owners Phone: (612)=20-450 Agents Phone: (2) 9 6OOr3O Owners EmIl: wabovarcjyahcio.corn Agent's Email: nikRi@citiesrentalscorn Current Epra1ion Ote i1 Ll-!2fl --Pending Expirairon Dat- - / (rruarrn 1rU pir.bn / Based on property conditions andioriaftdatad police nuisance incidents, the above referenced property qualifies for a Type 1V-6 Month Rental License. Fior to appiic.tlon pprova by the City Council a fully completed Mitigation Plait must be completed and approved by City staff. A MWatior Plan must be completed immediately in order to ensure timely completion of the iloene app eon pmces The Mtigation Piaishould indicate the steps being taken to correct Identified violations and the measuros that Wil be taken to ensure enolng compliance with City Ordlrices and applicable codes. A Mitigation Plan allows the oif aiid the City l o review concerns and identify possible solutions to lrripove overall conditions of the poperty, if the Mitigation Pii is not submitted, and all itenis are not completed within the pe Wing license period, or the abo ve property operates be-YOrid the loerie expiration date, rorcemt actions such 2s citalion 1 tomiel complaint, or license review may Before submitting,till-out Süfloa A, B. and C located on pages 2, 3,4, ad 5. FV . City ofDrooRlyn Ci 1i—EtkitdJ.tq ahtl Cumuni±y MaTWArdsDptnt Firi C-rodi, Parkway, CroonOnt'r, MN 130-21 I '; 7) 3-3 1 Try: 711 1 Fax: (7 E60 BUILDING AND COMMUNr STDARDSCity of 6-T37 ENTER UriiyA. - ] Rental L ic en s e Mitigation Plan . TIBZ801CLYNCCC Type IV License Secton A—.Crim e Fra Ho u s' Program Requfremcits Pha s e 1)We a wri tten[e as e areernent, The lease agreement siaIF include the Crime Free HDUShg Lease Addendum, A copy of ti-ic aae arernnt arid Crime Free Hou1ng Lease Addendum must be atta c hed to the MItilg ation Pl a n SUbfl)lttedr 2)Ao fee to Pur s ue the ter mfnatiorl or ee agreement or ev i ction of tenens who violit the terms of the l ea s e, or any addendums, 3) Conduct criminal barlcground check for all rew prospective tenant o , Ifitisa murent te nant, a rirw background chrk is not required. Mt be able to pride dounieitation to City if reque sted. [ 4) Me*d a City approvedeight-hur Grime Free Hou-s iqq training course, lnthnntIor for approved cou es es, c a n be found at w.w,imicpair)et under the Trinig and Ev ents tab. A copy of tho Crime Free Hou s I fi Certificate must be altahed to the MitigationPlan when subm i tted. Crime Free Housing training was cempleteci onfis sch e duled for , or agent attefl dedfis p1nnurg to attend training t city of: j'1 c [] i) Submit Monthly Update by the 10 h dwVcfeach mnonlJi. Phas e r F4-/] CcmleIe a SeciriLy Ase.anient a nd i mp l arrientiirnprovments requested by the Brooklyn Cenler Police Department. To schedule an Initial orfo[low.-up Security Aent, call (73) 5593344. Afollmx^upas s essrnent must be completed efoe th a license expiratlori date to verify the security imp r ove ments have been implemented. If a Seurity As s e ss ment has be e ri previou sly cosilpieled, write Me completion date. t AI\Securily Aenwnt was completed onus scheduled for; 15 Security A ss essment follow-up was compteted on/is scheduled for; / f Coiitinuo S A Phase Ill o ri page S 2/il Type WR Lce fth P)M Yv. 4LJ 41 City OF Brooklyn Ceille-r— Building a rLd Slandakdz Dp1rnent fO1 El -iIrl lriLjç PE4flW, Eixk - Criir. MN 5E4-2iL9 I riie: Q3) -3IJ I TW: 711 I 7) 6-6D BUILDING AND COMMUNITY STADRDS Cit IATEM RritaI L i cense WLLlatLon NanCENTERType IV License Sections B—Lórg Ten C apital khprvment Pfrn Based on condtkin and age, e s timated ropl a cement da ie need to be provided for co rmion c a pil tris Funding should be conidercJ ccordkiyly Items that are broken, worn, or ornerwise in violati G n prior go the otiniied replac&rierit date need to be repIicd soonei, All lte-ms must have a ditt for E.Wm a red Replacement Date Dates su c h as, "uns u r e","don't krww" or "wh en broken" wile not be accptcd Ef you are unsure of whc n item ''IL need to be repacid, you c a n make a prediction b a sed or the aqe, appoarance, condi lion , or n ianufqCturefindusOy recot'rnendations Acftt1ioriaE Inkimii1ion on Eted Useful Life can be found at wwvkc, hud ov I tem D a te Last Replaced CondUr' E xpe c ted Reptat ernent Date Examp'.±: Wafe r i-eter • May 2010 F 2020 Furnace. 2002 1. Wat er Heater 2UcW 2025 Kitchen AppUnces 200E 2017 Laundry Appliances .2cl0J 21 Smoke Alarrnsl Carbon lolonoxide Alarm 2016 E xterior [tem Pini!Si ding 2(104 2024 Wind om 1 £E!B 2020 Roof 2020 Fence I 2020 Shad Garage 1Ei9 r nh Driveway 1 Sidewalk 1989 We Other: - New=N tiir=f I Neeft Repice.mL=R Rege 4.15 Typg IV R't Li giqi PIn, Pcy^ 444-45 Ciy ap roo Myn mnd Ccirnmumfy Standards Oepzirtmr Wirn LII hi yIflIr( g Prkway, Oft.Thiyi) reiLr,iN 5 5 430-2190 •I F.hor: 1 -1 -ly. 711 1 F (T5} 5i-33O BUILDING AND COMMUNITY STANDARDS BRX--( Rental License Mitigation Plan Type IV LEGense Section c—Steps bfmp rove Alana gemantand C onditions of Properly The items in this dtor have been proven to assistwih property mrigernent and property image. The following actlQns are tequfod: 1)Check-in wRh Ien-aras every 30days. 2)Drive by py to check for possible code violations, ) Evict ternts In violation or the lease or any addendum9, ) Remain current on all utityiee. taxes, assessments, fines, penalties, and other financial d2lmsJpayme.ris due to the City- Other The following actions are optional wie required by the City.El 1) Provide iawnisnw service. 2) ProvIde arbae servi, ElI 3) Instalksecurily systern J 4) Provide rnaintonafice service plan for appliances. Nome of service copny, -E 5) Other! If the Type IV-;6 Month Rental Lice.ne i approved by [he City CouniI, th licensee must comply with the approved lvi ifftior Plan and all applicable City Codes. A wrtt.n report must be submitted by the 10th day of ch nionth with an update of atkrns being taken by the owner t1d1or agent to corn pJy with this Mitigation Plan. A copy of the Monthly Update en be 1üid onpage 7. A MIb1e form can be found on the C'ity' vbite et wAvcit ofbrookIyncener..org or call c76 59-330 to have an eIetron copy nt to you Via emaiF, PJease attach additFonaI Information if necessary, CIy I'uCrtk1n Cri i1rar4 6301 Stingle Cr'EP Part, y, RrI1n Crirç .54O-21 I Pkn: (763):553-20343D I TTY; 711 1 F: (7&3):569-53W Cty of BUILDING AND COMMUNUY STANDARDS OKLYN Rental Lone Mitijailor Plan Type IV License Sian and Verify I 'verify That l] information provided is true and accurate. I understand that If t do not comply Mifl th approved Mitigation Plan, comply wlfli all items within the license period, or operate beyQnd 1h iloeree exjirUwi de, enforcement at.tiorissuch as cltetiois, formal cmpIarits, or 11ccn. review may result- We 115 ENN a rd Ow,rAjrn rd Ta Pi*it? ' 811 0 15 Or 4or 4g&n1 iuro Date Executlike Realty O wner A getunt Name and Tg.a fTppn-b? Pri - Aat Owrwr-t'r, Aopk City stattiomy of poko De/JInII Ot *k Ji Cm m tktxi fy Vandards Dep W115 Date 81/9 kj--I Dat e Th r, LkiM Pi. 444mjti 1y Of BrooklYd c tr iilUnj and Community Stan4akdg i3pi-4tt 67-431 ShinEle CrsE rkl'fl Ll-l!.or MN 5S1O-21 I Phone: 473) 553-3310 1 Tfl; 711 1 F:c 6-33 Oty Cuindll Agenda ]Item N0 Hb #6 [S1S]BJ[SJ I U I I 3Ik'A I I *A [I) 1I I1SJ I DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City SUBJECT: Type IV 6-Month Provisional Rental License for 6013 Zenith Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6013 Zenith Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a 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 II Rental License based on four (4) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates, and failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Eiisiiiing an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust II1IJ(iI I fl U N DI'A U I I1 0) 1I I1IJkI Current rental license approval activities: 05-26-2015 The owner, Nicholas Foulks, applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 06-22-2015 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 07-24-2015 A second inspection was conducted and passed. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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. 08-13-2015 A Mitigation Plan was submitted. 08-17-2015 The Mitigation Plan was finalized. 08-31-2015 The previous Type IV Rental License expired. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. Prior Type IV Rental License approval activities: 09-19-2014 The Owner, Nick & Shelley Foulks, applied for an initial rental dwelling license for 6013 Zenith Ave N, a single family property. 10-09-2014 An initial rental license inspection was conducted. 23 property code violations were cited, see attached rental criteria. 11-12-2014 A second inspection was conducted and passed. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-01-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months or immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy -Adopted by City Council 03-08-10 Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3Year 11-2 units 0-1 Type II 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 035 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 -Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 butmnot more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units -Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6013 Zenith Ave N Mission: Ensuring an attractive, c1ean, safe, inclusive community that enhances the quality of life for al/people and presen'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6013 Zenith 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 6013 Zenith Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6013 Zenith Ave N, Brooklyn Center, MN. September 14, 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. IWThDING AND COMMtTNiTY NEDS City lof LYXBYROON RentI Lcene U lti g ;xtIon PianPENTER Uconse wII ir A rriablü farm in b found n the City a vvw,c all 53) b tn hiit mpy set to yoi. via emai L ro e Mdre €f1 rAhreikGerlltN, MN 5 5429 OVi nafs Nrr{): IFixis Own Mrr: C13k rk wnB?s Phrie C7}441110 Chv nErs ErnaI: entExpirac'n De: riii LvcI nts: Ari Mdrsa: "tof F-fike Rd MCI En 1j-i A^e n ^s ryit. Pending pIriiIrr iaLe 21S License Exp 02/28/2016vss Based on prop-arty fmditions mftrvakated p&e nt6e frldrt, &P a bbyv e rerenced prry q Lm l i fies fw i Type W-5 Month Renta l Uro. Riot to pplion apprmra l by the City Counif a fully cwjp.^etedl MiItion Plan rnet L-9 Wffl PW,2 d and pprud by city 5taff, A iiitn Plan eiu 68 compttod ImmorJiitto' in 'r nue timely crnpLri of the Iioene pp-iion proce. The Mitiaton PIri hoflzi i ndi Gal n 1h ,tPS b e ing taken to -0 o4,a l:5,7j P5 B rid the rma vires ihitw be Wen to ensure Onosping Compl iBrice !thlh Cky OrJirenoei a nd applicable codes- A Mit4on FIar aUmms t -ha 6wri o r9nd City to reiiew concer m. and detiIlfy p c*Olo so lut io-f-ji impro'e vtel c-b ridifi cris of the prop eiy If the MltatIon Plan It t ubriE1od and al l iiwm ae t n.mpIeed within the F e nding licen s e period, or Dio a boya pprt oporle boyd 1h ense epireir date uth &s citation, fomfl tmplaint, or k-'en sa to wlawny reuit Boom submittin R , flEp tkn A C11 2 3 4arid 5 COY w*f -flI id Ccim tiit prtmt MhIfr Irk B! JnC nr,PAN 21 I Pics; lilY: ?ti I FRi (E) TBRIO101MY FUIWING AN1 COMMtJNIT ANDRXTf Rontal L1aB Milffatrn1 P lan Type IV Lkne oi1n A ireFre Hou-sing Program R equirem e nt s The I [] 1i UE E3 wtten Iee igreernent The Ieae arernn1 ha'11 inde the Crime Free Hcu&mg Luno AikR urn. A Copy of the [ae eemeOt BRd Crime Fce i1otEn Loar.a Adden dum rnut be attaebind to the Mitigaflon P la n w1oi ubtffltted. 2 to purclJe tne l ermin ia.li onor le -ase e,reernnt or cbn of tenaj)ls WITcj vI*le the Wrrn.5 of 1he wase or arty edden rcil um s. 3 Conduct crrrr!?r b?Kr.und cheek or all new p ro sped-va ern1s. i f ii is a rurret enTt a r, rcfr round chec1c Is rt i&q uired. Must Le ie to protide d0uena1c to C1 if Teclueste d., [] Mtand a Cfti a pproired e igh t-Mur Cdme Free Houeir. rij CIJr. IrtfrmIiqrt for approved uj Ur7.ec, can be found at www nw riel und he Thff'g arid En Lab A pyf the CrIme Fre H oust-ng CortIfi ca to must be attached to the 1#11t giin Plan when su b m i ttod. Crime Free Hou sing Irmining waS o3rnpleted orvis sc lle&^,dfc?:_______ ,Owner me ag erd at--sndedfis planrOng to aiend trainiri lt of; 5i ubmI Mcsly Update by (ho 1 day ath mcntlh. Phase II J 1) Compkte a.erunity imet erd pemErt1n rcivnieiit- requfed by BrakIyri Cehr Plica Department Ta Fmthedule an inNal orfe1fo' up Securily As s eimt call Th) $69 ,$W, ArnH'w4p essmerLt must be rlpk1ttt before the 11 1 1canse epIrakn date to erlfy Ue aoGuri'/ tmpr emeni haw be e n IrnpI'tnbd. If e S ecudly Amrt has een preIouely oernpfeted,-write the ompIernn date r PIZ crn .emanI was rneted o,iis chedue1 for.'21 4) I euity Assous men li fal1i-up Was ompFeld on,"is s cbedulefor 1 (qi Ccinllriue SeMkins 11 Phase Ill on t' J Pania Li1rI T Cty rA B r U,.kl'. 0inn1 iE. FFrrr;? TW?i1 I P:-171-4 Em1iDING AND COMErNTIY S TANDARDSCftyBBOO4N E1rc1yn en1er, MN 5542 I MtfatIo Plan- EN -- J Type N Sticn& A—r1me Free I-fu&iig Frog rant RoquIremen ts () P1l lIE1 1) Owner or 8qerit will 3ttEr4 ?t irirililium U% (2 of th &R M main Thr AR Th meatIngs must be comptatod wIthin tho roll 11c4msB pipd aDd before thia pending Type W L xp1rUn date- RitOn Fs rtot required, hcvr you riiLILigri-in durg the me1ing. V!/riIe t. mee1irr tht ari airora nlq,lan k aJend. 11c5Ik. OvinercragenhVill attndAftM. meng thaduk On: 9nd 13 I 2) Haw ho ipt tmdLi Viplatians previously documented '!i1h the pt yr, The f flowing atlQns aro requIted for ptoperfies with four (4) or more - / 1] C'ointkndui dnt1ririirig nnully hat lrilui Grime prven1ion ihique. 2) Crd regular reidn mfln i4-fl-5 Vn ii rk nk r'ill Ct MN 55-2G I TTY ?fl I)UILI)ING AND COMM11TY STANDARDSJ Ciiy iisnhi r.zrY EF.00KILYN r ji:.ilr-i Ml 5i2 Li44n MãUatkin PiLCENTER Type WLk. SBlc .Lng Thii CpiLJImprciremt Plan Sasod ifl tandilion and ?e, einaed epl mndafEs needto be pritf fir common capital itrn. Furidin hcki he rJer tdin lmthta 'rokri. Wr1! nrVI rn ibldiio] prior to the edllmt rc-placornent data need to be rIad bofl. All erne ipusl for V-WWad Milo. DafEa such 11{uur& kflW 'Whii brknu will n ot b pt If you am urirre of when an 1m will nR.d to be repl, y- make a ,-u based tin tha age, cridllkn. mndtry r-eulrnrnEncfabojis. AAdIflonal ii1nation dn Expected UeM t1k cart b found v hud c' Item De Lt lkaplaood Ernp Vit' J'M8y 2JW Furnace Water Heat Kftthen ApplianD Lauridy Appliances 1gi5 Emc& Eriar lEm Windue. Rt FErVe evr fl.1ai Di1IE4vy 1l95 Other; Jon' p}d Repramenient ::-My2O2OLJJ 2tr2 N 2C-25E 'z Fl 21) 2iJ17 - 2SJ El YTJ-4) -. tbrllr r4=(i FairF N1 p1aiLi - - Oily #fB94ORlyn SULndazaz pta!1 dthr.x4nw EI'1 IIlri Cn4 Fr# j JiT (f Phr ITh-32 I 4Tf 71 )- ., UJLEJING AND COMMUNITY S.WARD CH o r 2 ZrrithAvrJ1ROOKLYN O fOdUp Ge-treOM RntaI Licen s e Mittg atiork Plan Type IV Lfm^ri ss Si9n and Verify 1 ed1ytht a ll Inrmiion prcMded is trus a nd amrate .iLmdnd LhaL U dc not co mply with th pprved Miti ga t u rt Plan, mrnpl y with ?Ii i ff erns within Lflo ri=se perbd, w ope rate iYyid Th Iien 'irIic'n date, enfor c em e nt a Wiws smM as dia jo ns, rrmI cnin, o r review myrthL Si E1I6? FciiIk r:'iA nrr O T&JftT* •/1r / ( (_J ., I - J c - O!:t?TA qeH aV n ,,,',p{ tiiF cw- qc i'iw ThL (ibc, Pi.c Pñ -dI ITTII _________ Avem çffAppiErnJ Dii On çJry Sta ffty F -Ic& 0 &:'rlmV1.1v r^c -t'lIh'Wp r9ru t'p'f('IL1L' / Ds X/ DJu nn trt p;I Et1 h1i P. 1Trtfr I{'4!C 2l I Fh ' I Tf 711 I fcu (t!.jt) Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 14, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.Sister City Update 2.Amphitheater Paver Inscription Policy 3. Discussion of Hennepin County Active Living a.Travel Demand Management Policy b.Design Guidelines for the Opportunity Site 4. Redevelopment of the Southern Portion of the Opportunity Site PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunity Site (Redevelopment Strategy) Work Session Agenda Item No. 1 MEMORANDUM = COUNCIL WORK SESSION DATE: September 11, 2015 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Sister City Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with the adoption of a new Sister Cities Program. Background: In January of 2014 the City Council adopted a resolution establishing a sister city relationship between the City of Brooklyn Center and the City Voinjama, Lofa County. In addition the Council adopted a Memorandum of Understanding that established New Horizons Resource Group as an intermediary between the two Sister Cities. Subsequent to this resolution adoption a contingent of citizens from Brooklyn Center traveled to Liberia in response to an invitation from Vice President His Excellency, Joseph Boakai. During the visit, the contingent observed living conditions, learned about the history and culture of Liberia, and the City of Voinjama. We met and interacted with several public officials. We identified many unmet needs in our Sister City. Subsequent to our return the Country of Liberia and its medical infrastructure was overwhelmed by the Ebola epidemic. Lofa County was affected most dramatically by this disease. The City joined in partnership with Brooklyn Park and leaders of the West African Community to help provide assistance for the fight against this devastating disease. As of today the Epidemic has ended in Liberia. The after effects such as the increase in orphans continue to be a challenge. In addition many of the heath system deficiencies and other needs continue. I have attached a proposal that was put together in consultation with members of the team that traveled to Liberia in January of 2014. The principal goal of the proposal is to refresh the manner in which Sister City relationships are established; to establish a formal means of monitoring and evaluating the success of each Sister City relationship and to support the promotion and sustainability of ongoing Sister City programs in the City. The proposal has been reviewed and endorsed by Pastor Collins and others interested in the Voinjama Sister City relationship. The proposal is composed of four exhibits. 1.Draft resolution establishing a Sister City Commission 2.Draft Bylaws for the Commission 11issio,,: Ensurim , an attractive, (lean, saje, inclusive LonUflUnf' that enhance the tiliti of fife for (III people anelpreserves the jtiblic tiuxi k"A I k'A (0] 1l WI I1SJ[ I !'LS) 1 C41 L1 (il 3.Questions and Answers for those interested in establishing a Commission 4.Draft Sister City Application On Monday, we will review this revised approach to creating and maintaining Sister City Relationships. It will reaffirm our current Voinjama Sister City relationship. I believe this approach will be very helpful in determining when and under what circumstance the City should establish a Sister City relationship in the future. It will clarify the goals, purpose and criteria for each Sister City Relationship. It will also improve the chances that each Sister City committee will have the ability and support to be successful over time. Policy Issues: Does the Council favor the establishment of a Sister Cities Commission? Does the proposal provide the needed mechanism to grow and help Sister City organizations meet the goals of mutually beneficial people to people relationships? Strategic Priorities: Inclusive Community Engagement iI1(Ss mu: Ensuring an attracure, c/eu,,, xafr, inc/u sire community that enhances the quality a/file fir al/people and preserves the public trust EXHIBIT 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTBLISHING THE BROOKLYN CENTER SISTER CITIES ADVISORY COMMISSION WHEREAS, the City of Brooklyn Center is among the most ethnically diverse communities in the State of Minnesota with more than 20% of its' residents being foreign born and WHEREAS, the City has been approached on several occasions by residents wishing to establish a Sister City relationship between the City of Brooklyn Center and other communities throughout the world; and WHEREAS, through a meeting arranged by New Horizons Resource Group a non-profit organization in Minnesota The Vice President of the Republic of Liberia, his Excellency Joseph Nyumah Boakai asked that the City of Brooklyn Center establish a Sister City relationship, and; WHEREAS, the City of Brooklyn Center adopted a resolution on December 10, 2012 establishing a Sister City relationship between Voinjama Lofa County, Republic of Liberia and the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center on January 13th 2014 adopted a resolution approving a Memorandum of Understanding expressing our desire to foster ties of friendship, cooperation and mutual understanding between the two cities of Voinjama and Brooklyn Center, in the areas of culture, sciences, education, health, tourism and sport; and WHEREAS, A delegation of volunteer Citizens representing the City of Brooklyn Center accepted the invitation from The Vice President, His Excellency Joseph Nyumah Bokai and The Honorable Mayor Yunger Sherman to participate in a cultural exchange in Liberia in January 2014;and WHEREAS, all partners are committed to continuing, growing and developing this Sister City relationship into the unforeseen future and WHEREAS, upon return from the January 2014 exchange it was determined that the best way to fulfill our goal of maintaining a productive ongoing Sister City relationship between the City of Brooklyn Center and Voinjama City, Lofa County, Liberia in the spirit of Sister Cities International Inc. founded in 1956 by President Dwight D. Eisenhower is to establish a Sister Cities Advisory Commission; and RESOLUTION NO. WHEREAS, cities throughout the United States have established Sister City Advisory Commissions as an effective way to authorize the approval of Sister City relationships, to foster and perpetuate the continuation of successful international exchanges and mutually beneficial interaction between the partners of these relationships; and WHEREAS, a Sister Cities Advisory Commission will facilitate the orderly authorization of formal "people to people" Sister City relationships between the City of Brooklyn Center and other international communities by promoting the ideals of peace and understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Brooklyn Center Council does hereby establish the Brooklyn Center Sister Cities Advisory Commission, 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. EXHIBIT 2 BYLAWS FOR THE BROOKLYN CENTER SISTER CITIES COMMISSION CITY OF BROOKLYN CENTER, MINNESOTA ARTICLE I. NAME. The name of this organization shall be the Brooklyn Center Sister Cities Commission (hereafter referred to as the Commission). ARTICLE II. PURPOSE. The purpose of the commission shall be to serve as an advisory body on matters affecting sister cities relationships, programs and activities. This Sister Cities Commission will also review applications for sister city affiliations and forward recommendations to City Council for the establishment of future Sister City agreements. Commissioners are expected to volunteer time to participate in Sister City events projects outside the regular meetings ARTICLE III. MEMBERSHIP. Section 1. The Commission shall consist of five (5) members who shall be appointed by the City Council upon recommendation of the Mayor. Section 2. The initial appointments to the Commission shall be for one, two, three, four, and five year terms, and thereafter all appointments shall be for a term of five years or until a successor is qualified. Section 3. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. ARTICLE IV. MEETINGS. Section 1. Official meetings of the Commission shall be held at City Hall or such other place as designated by the Chair of the Commission. Section 2. Special meetings of the Commission may be called by the Chair, or in the absence of the Chair, by the Vice-Chair, or upon written request of a majority or more of the appointed Commissioners. Notice of a special meeting shall be given as prescribed by the open meeting law. Section 3. All meetings of the Commission shall be conducted according to Roberts' Rules of Order, but it shall be necessary in any event for a quorum to be present for the Commission to act. A quorum shall be defined as a simple majority of the existing members of the Commission. Section 4. An agenda for each regularly scheduled meeting and the minutes of the last meeting shall be sent to each Commission member in advance of the meeting. The Chair shall approve the agenda for each meeting and additional items may be proposed by any member of the Commission. Section 5. The Commission shall act as a body in making its decisions and announcing them. No Member other than the Chair shall speak or act for the Commission without prior authorization. Section 6. All meetings of the Commission shall be open to the public, and notice of these meetings shall be provided in compliance with the Open Meetings Law of the State of Minnesota. Section 7. Provided there is a quorum present, a majority of those present shall be required to adopt any item of business. ARTICE V. OFFICERS. Section 1. The officers of the Commission shall consist of a Chair, Vice-Chair, Secretary, and Treasurer, each of whom shall be elected by the Commission. Section 2. Terms of officers shall be one (1) year and officers may succeed themselves. Section 3. The duties of the officers shall be as follows: CHAIR. The Chair shall preside over all meetings. The Chair shall appoint all standing and ad hoc committees. The Chair shall have the authority to call special meetings provided the proper notices are given. The Chair shall be responsible for establishing the monthly meeting agenda. The Chair shall be considered an ex-officio member of all committees. VICE-CHAIR. In the event of the absences of the Chair, the Vice-Chair shall assume the duties of the Chair. SECRETARY. The Secretary shall keep accurate records of all proceedings of the Commission. Minutes of all Commission meetings shall be promptly recorded and maintained and shall be open for public inspection. The Secretary shall keep an accurate record of attendance. The Secretary may be assisted in the execution of these duties by a person designated by City Manager. TREASURER. The Treasurer shall keep an accurate record of all monies received and disbursed by the Commission and make a monthly written financial report to the Commission. ARTICLE VI. DUTIES AND POWERS. Section 1. The Commission shall have the following duties and powers. a.To draft a set of bylaws for such a Commission and to periodically review said bylaws for any necessary changes; b.To develop guidelines inclusive of the guidelines described in Exhibit 3, and a program for a Sister City relationship with other cities throughout the world; c. To prepare an annual report of the activities of the Commission for the Brooklyn Center City Council; d.To develop a budget as necessary for Commission projects to be considered by the Brooklyn Center City Council, including the annual membership dues to Sister Cities International Inc.; e.To initiate, sponsor, or conduct, alone or in conjunction with other cities or agencies, public programs to further public awareness of and interest in communities throughout the world emphasizing such things as the cultural, historical, and economic aspects of the City's adopted sister cities; f To advise and assist the City in connection with such other activities as may be referred to the Commission by the Brooklyn Center City Council; g. To generally stimulate, facilitate, coordinate, and cooperate with existing organizations throughout the Country for the promotion and development of Sister City relationships. Section 2. Fundraising Activities. To generally stimulate, facilitate, and coordinate fundraising activities as needed. ARTICLE VII. COMMITTEES. The Commission may include standing committees and other committees as deemed necessary and appropriate: Special committees or task forces may be created by the Chair of the Commission. All Committees or task forces are advisory in nature and do not have the authority to make final decisions on Commission policy regarding any Commission business. Such decisions are reserved for the Commission itself and must be considered at a regular or special meeting as defined above. ARTICLE VIII. INDEMNIFICATION. The City of Brooklyn Center is required by Minnesota Statutes, section 466.07 to indemnify and defend Commissioners, within certain limits, for damages, including punitive damages, claimed or levied against them while serving on the Commission, provided the Commissioners were acting in the performance of their duties and they were not guilty of malfeasance in office, willful neglect of duty or bad faith. ARTICLE IX. AMENDMENTS OF BYLAWS. These bylaws may be amended at any regular business meeting of the Commission by a two-thirds vote of the entire membership, provided the amendment has been submitted in writing at the previous regular business meeting, and shall become effective when approved by the Brooklyn Center City Council. Approved this day of , 2014, by the Brooklyn Center City Council. 9/11/2015 10:38 AM EXHIBIT 3 Sister City Q&A What is the purpose of a Sister City Program? Brooklyn Center has established and supports Sister City relationships in the belief that person-to-person ties are the strongest and to work for peace and better understanding of all cultures. Sister City relationships are created to develop lasting friendships on the human level and to provide a forum for the exchange of ideas and views. What are the guidelines for starting a Sister City Program? There shall exist, areas of mutual interest and involvement with the prospective city in the areas of culture, business, technology, education, agriculture, sports or humanitarian goals. There should be evidence of strong, diverse, local community support for the prospective Sister City relationship in order to assure an adequate financial base and ongoing interest in exchanges. There should be an active local organization to support and commit to the creation of a committee and its work. How does one apply to become a Sister City? In 2015, the City of Brooklyn Center the Sister City Advisory Commission was established with the primary purpose to coordinate and support Sister City activities. The commission was also charged with reviewing applications of proposed Sister City relationships and passing their recommendations onto the City Council for action. The Brooklyn Center Commission, prior to consideration of the proposed sister city, shall meet the following conditions: Shall have a formal structure with officers and appropriate sub committees Shall submit to the Sister City Advisory Commission a work plan including activities and goals, accompanying the proposed resolution requesting an official Sister City relationship, showing how the activities of the committee will further the objectives of the Sister City Program for the next 12 months, as well as a report on all activities the committee has been involved in during the previous 12 months Shall present to the Sister City Advisory Commission, a budget for the first year's activities following the request for a formal affiliation, showing the funds available to meet the budget requirements and indicating how the committee plans to fund its activities in the future There shall be a counterpart organization in the prospective sister city, with which, the Brooklyn Center committee has corresponded and obtained a written agreement concerning affiliation; or the Brooklyn Center committee must have obtained a positive written indication from the government of the foreign city that a sister city relationship would be welcome within a period of two years following approval of the Brooklyn Center City Council of the Sister City relationship. Shall apply for 5016 status from the Internal Revenue Service or become fiscally sponsored by an established non-profit organization within two years from the passing of the resolution. What are the responsibilities of a recognized Sister City Program? Submit to the Sister City Advisory Commission annual work plans/activities. As part of annual plan, provide specific plans for citizen participation in committee planning and trips Make arrangements for all trips, activities, events, ceremonies, documents and gift selection and assume responsibility for related expenses and payments Take steps to achieve formal status as tax exempt organization (IRS 50103 designation) within a two year period following approval of the Brooklyn Center City Council of the Sister City Relationship. Tax exempt status must be maintained as long as the sister city relationship is determined to be active by the Sister City Advisory Commission. Clear all requests for functions involving Mayoral, members of the City Council or City Staff appearances with the City Manager's Office. 9/11/2015 10:38 AM EXHIBIT 4_ CITY OF BROOKLYN CENTER SISTER CITY PROGRAM APPLICATION (PLEASE USE ADDITIONAL PAGES IF NECESSARY) Proposed Sister City: Sponsoring Madison Organization: Is your organization a 501c3: Yes No If yes EIN: If No: Fiscal Agent/Sponsor: Contact Person: Mailing Address: E-Mail Address: Phone: Founding Committee Members: (please list) Mission Statement: Specific Program Goals: Program Activities: Projected Annual Budget: (please itemize) Similarities between Madison and proposed Sister City: Describe local organization in proposed Sister City: Comments: Authorized Signature: Date: This form must be completed and submitted to the Office of the City Manager or sent via e-mail to citymanagerci.brooklyn-center.mn.us 9/11/2015 10:38 AM [OIS1SJ[iJ IUI D I W4 (IM1.I I1IJ I DATE: January 6, 2014 TO: City Council FROM: Curt Boganey, City M an ai: SUBJECT: Restated Sister City Resolution with Articles of Understanding Recommendation: It is recommended that the City Council consider adoption of the Restated Resolution Establishing a Sister City Relationship with the City of Vomjama in the County of Lofa, Republic of Liberia. Background: On January 18th a Sister City contingent from Brooklyn Center will be traveling to Liberia at the invitation of Liberia Vice President His Excellency, Joseph Boakai and our City Sister City hosts from The City of Voinjama, Lofa County. This visit is being facilitated by the Minnesota non- profit group New Horizons Resource Group under the leadership of CEO and President, The Reverend Alexander Collins. To help clarify and refine our mutual expectations the attached resolution with five articles of understanding has been drafted If adopted the Mayor is authorized to sign the MOU (exhibit enclosed) as part of a significant signing ceremony during our upcoming visit This MOU serves to confirm that each party is willing to work toward achieving the Sister City Goal of developing a mutually rewarding exchange. Budget Issues: There are no budget issues to consider. Stritegic Priorities: Civic Engagement Sis ter. cityrnou.o 1.06.14 jkflssion: Ejisuiing an aIimcthe, dean ,safe, i,wlusiie cumin/Lu fty lIui( enhances ihe (jUallly of ife for all people aiidprc'serres the public 1)1151 Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO.2014-10 RESOLUTION ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, UNITED STATES OF AMERICA, AND THE CITY OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA WHEREAS, .a Sister City Program has existed in the United States of America since 1956 when U.S. President Dwight D. Eisenhower proposed a People-to-People citizen diplomacy initiative; and WHEREAS, the purpose of a Sister City Relationship is to establish a long- term, mutually beneficial partnership between two communities; and WHEREAS, the Vice President of Liberia, His Excellency Joseph N. Boakai, along with the Minnesota based Voinjania-Brooklyn Center Sister City Committee comprised of a broad spectrum of Liberian Community representatives led by Alexander B. Collins have requested the establishment of a Sister City Relationship with the City of Brooklyn Center; and WHEREAS, a Sister City Relationship between the cities of Brooklyn Center and Voinjama will benefit both cities in the following ways: 1.Inclusion and Responsibility, 2.Nurturing of Municipal Partnerships, 3.Cultural Exchange, 4.Transformational Benefits; and WHEREAS, the potential activities envisioned by this relationship include, but are not limited to public official exchange visits, cross cultural training activities, sharing of best practices in municipal leadership, an expansion of Brooklyn Center Liberian native residents' participation in Brooklyn Center Civic/Community/Governmental . activities, and mutual recognition of the relationship by the symbolic designation of a public asset in honor of this relationship; and WHEREAS, except for staff time, no expenditure of tax dollars is expected to occur in support of carrying out specific Sister City programs or activities, but private donations to the City may be used in support of these Council-approved activities; and WHEREAS, the Brooklyn Center City Council originally adopted this resolution on December 10, 2012, and now restates said resolution for the purpose of incorporating Articles of Understanding as requested by the representatives of the City of Voinjama expressing their desire to foster relations, ties of friendship, cooperation and in understanding between the two cities on areas of culture, sciences, education, health, tourism and sport. RESOLUTION NO. 2014-10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council does hereby establish a Sister City Relationship with the City of Voinjama, Lofa County, Republic of Liberia with the following understanding and authorizes the Mayor to sign a Memorandum of Understanding confirming our commitment. ARTICLE I The parties shall encourage cooperation in areas of culture, arts and sciences through the exchange of delegations and experiences of exhibitions, festivals, seminars, and conferences. ARTICLE 2 The parties shall encourage cooperation in the area of education through the exchange of delegations and experiences with a view to getting acquainted with the cultures and histories of the people of both cities. ARTICLE 3 The parties shall encourage cooperation in the area of health and medicine through the exchange of delegations, studies and experiences and participation in conferences held in the two cities,. ARTICLE 4 The parties shall encourage cooperation in the areas of sports, tourism and youth through the exchange of delegations and the coordination of participation in relevant activities. ARTICLE 5 New Horizons Resource Group shall serve as the intermediary between the two cities for the purpose of coordinating visiting' delegations, with the understanding that sending city delegations will be responsible for travel expenses and receiving cities will work with New Horizons Resource Group to arrange accommodations and internal transportation. Further, New Horizons Resource Group will work with the two cities to annually develop a cooperation program classifying fields of cooperation and relations. January 13, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lia Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim- Willson, Carol Kieven, Kris Lawrence-Anderson, LinMyskowkj,añd Dan Ryan; and the following voted against the same: none,-..- whereupon said resolution was declared duly passed and adopted. Ciyof BROOKLYN CENTER MEMORANDUM OF UNDERSTANDING ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, STATE OF MINNESOTA UNITED STATES OF AMERICA AND CITY OF VOINJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA WHEREAS, the Brooklyn Center City Council originally adopted a resolution on December 10, 2012, establishing a Sister City Relationship between The City of Brooklyn Center, Hennepin County, State of Minnesota and The City of Voinjama, Lofa County, Republic of Liberia and has restated said resolution for the purpose of incorporating Articles of Understanding as requested by the representatives of the City of Voinjama expressing our desire to foster relations, ties of friendship, cooperation and mutual understanding between the two cities on areas of culture, sciences, education, health, tourism and sport; and WHEREAS, the City of Brooklyn Center is an inclusive community with one of the largest percentages of foreign-born residents in the State of Minnesota, estimated at nearly 23% and of these foreign born residents approximately 8% are from Africa with Liberian born residents composing the largest number of native Africans; and WHEREAS, the City of Brooklyn Center has invested substantial resources to connect, understand, inform, and engage immigrant and minority communities through such programs as the New Americans Academy, Joint Community Police Partnership, Multi-Cultural Advisory Committee; and WHEREAS, the Republic of Liberia has a long historical tie with the United States of America that is deeper than any African nation beginning in 1820 when the American Colonization Society began sending freed slaves and repatriated Americans of African descent, which led to the passage of a Declaration of Independence and Constitution in 1847 modeled on the political principles of the United States Constitution; and WHEREAS, the Vice President of the Republic of Liberia, His Excellency Joseph Nytunah Boakai, through a meeting arranged by New Horizons Resource Group (NHRG)-a nonprofit organization in Minnesota, met with and asked the City of Brooklyn Center for a Sister City Relationship with the City of Voinjama, Lofa County, Liberia and ensured a subsequent visit to the City of Brooklyn Center, Minnesota by former Deputy Internal Affairs Minister for Urban Affairs Hon. Florence Dukuly and the Mayor of Vornjama Hon Younger Sherman, and WHEREAS, Voinjama City Mayor Younger Sherman, on behalf of the City Council and the hardworking people of Voinjama, Lofa County met with Mayor Tim Willson and the City Council of Brooklyn Center, Minnesota as a follow-up to Vice President Boakai's Sister City initiative and presented a passed resolution by the Voinjama City Council requesting a Sister City Relationship with Brooklyn Center, Minnesota; and WHEREAS, the Voinjama delegation to Brooklyn Center, Minnesota and the Sister City resolution presented were warmly and graciously received and the City Council of Brooklyn Center passed resolution establishing a Sister City Relationship with Voinjama in 2012; and WHEREAS, the cities of Brooklyn Center, with approximately 30,643 -(2012) residents, and a historical link to farming and Voinjama, Lofa County with approximately 26,594 (2008) residents, considered to be the farming land or bread basket of Liberia are similar in size of population and agricultural background; and a Sister City Relationship is expected to strengthen and deepen the emotional connection that Liberians have to the City of Brooklyn Center thereby further strengthening the community fabric of Brooklyn Center; and WHEREAS, New Horizons Resource Group (NHRG)-a Minnesota Non-profit organization leads a sister team including representatives of the Organization of Liberians in Minnesota; Liberian Ministers Association; African Career, Education & Resource, Inc.; African Assistance Program; Liberian Women Initiative –of Minnesota; Liberian Muslim Community in Minnesota; Lofa County Association in Minnesota; and, Redeemed Life Church was formed to work on behalf of Vice President Boakai, Mayor Younger Sherman and the resilient people of Lofa County to work with the City of Voinjama to pursue a Sister City Relationship with the City of Brooklyn Center; and WHEREAS, the Voinj ama-Brooklyn Center Sister City Minnesota team includes Rev. Alexander Collins-Chair---CEO and President, New Horizons Resource Group (NHRG), Mrs. Louise Tamba-Director of Community Engagement - NHRG, Mr. Mike Fuah--Board Member-NHRG, Mr. Zubah G. KpanakuBoard Chairman Organization of Liberians in Minnesota, Doctor Emmanuel J Tamba Advisor to NHRG, Reverend Dr. James Wilson-team member, Mr. Wayne Doe former Executive Director, OLM, Rev. Peter Novelino Redeemed Life Church, Mr. Clifford G.Travers-NHRG, Mr. Jerry Gibson ----- NHRG, Mr. Victor Neeplo"NHRG and Mr. John Tarly, Executive Director—African Assistant Program; and WHEREAS, the City of Brooklyn Center will benefit from a Sister City Relationship with Voinjama by encouraging Liberians to greater participation and conscientiousness for the welfare of the city, by increasing engagement and volunteerism and enhancing Brooklyn Center's community engagement endeavor; by formulating opportunities for city officials and residents to further explore and experience Liberian culture; by creating an atmosphere which strengthens economic development and community engagement; and WHEREAS, the City of Voinjama will benefit from a Sister City Relationship with Brooklyn Center by nurturing a municipal partnership that will help to creatively learn, work and solve problems together through reciprocal cultural, educational, business, leadership development, professional and technical training and projects especially as Voinjama, Lofa County, and the Republic of Liberia continue their rebuilding process and decentralization efforts in the aftermath of a 14-year civil war; and WHEREAS, this Sister City Relationship has been initiated by His Excellency Vice President Joseph Nyumah Boakai, encouraged by national leaders including Her Excellency, President Ellen Johnson Sirleaf Liberian Ambassador to the United States, His Excellency Jeremiah C. Sulunteh, Internal Affairs Minister Hon. Morris Dukuly and leaders in the Minnesota Liberian community; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council does hereby establish a Sister City Relationship with the City of Voinjama, Lofa County, Republic of Liberia with the following understanding. ARTICLE 1 The cities shall encourage cooperation in areas of culture, arts and sciences through the exchange of delegations and experiences of exhibitions, festivals, seminars, and conferences. ARTICLE 2 The cities shall encourage cooperation in the area of education through the exchange of delegations and experiences with a view to getting acquainted with the cultures and histories of the people of both cities. ARTICLE 3 The cities shall encourage cooperation in the area of health and medicine through the exchange of delegations, studies and experiences and participation in conferences held in the two cities. ARTICLE 4 The cities shall encourage cooperation in the areas of sports, tourism and youth through the exchange of delegations and the coordination of participation in relevant activities. ARTICLE 5 New Horizons Resource Group shall serve as the intermediary between the two cities for the purpose of coordinating visiting delegations, with the understanding that sending city delegations will be responsible for travel expenses and receiving cities will work with New Horizons Resource Group (NHRG) to arrange accommodations and internal transportation. In addition, New Horizons Resource Group will connect government, educational and business sector institutions in Brooklyn Center to similar institutions in Voinjama to the mutual benefit of all communities; and will work with the two cities to annually develop a cooperation program classifying fields of cooperation and relations. Signed on this _____ Day of January 2014 By: Mayor, Tim Willson - City of Brooklyn Center Date Mayor, Younger Sherman - City of Voinj ama Date Witnessed on this ______Day of January 2014 By: Hon. Morris M. Dukuly, Minister of Internal Affairs Date Republic of Liberia Rev. Alexander Collins, CEO & President— Date New Horizons Resource Group NHRG, Minnesota Work Session Agenda Item No. 2 Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: Sept 8, 2015 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer THRU: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Travel Demand Management Policy Recommend a tio n: It is recommended that the City Council consider providing direction to staff regarding the Travel Demand Management Policy. Background: As part of the City's Grant through Hennepin County Active Living, the City agreed to create a transportation travel demand management policy that supports Active Living. Travel demand management is an application of strategies and policies to reduce travel demand or to redistribute this demand in space, time or to more efficient modes. A travel demand management approach to transportation also has the potential to deliver better environmental outcomes, improved public health, stronger neighborhoods and a more prosperous and livable Brooklyn Center. City staff has developed a draft Travel Demand Management Policy to meet this grant contract obligation (see attached). Recognizing that development size and land use type directly affect traffic generation, the City has developed two levels of travel demand management plans (TDMP); Tier 1 and Tier 2. Tier 1 plans apply to larger developments and Tier 2 plans apply to smaller developments (see the attached policy for detailed thresholds). A Tier 1 TDMP consists of a study, plan and agreement. A Tier 2 plan includes similar TDMP strategies that the property owner agrees to implement to reduce peak single occupant vehicle trip generation. The Tier 1 TDMP will require an annual report, while the Tier 2 TDMP is a good faith effort by the applicant. Enforcement for failures to implement Tier 1 TDMPs or to report Tier 1 TDMP results in an annual report would be constitute a $250 per month fee as part of the property's development agreement. Policy Issues: Does the Travel Demand Management Policy support the strategic priorities of the City? Strategic Priorities: Focused Redevelopment jrlissiin: Ensuiin.,' all attrac1n'e c!eun, snJ.?, ijw!ushe CnJnJnIIJII(P f/nil enhances the qua/i/v of lift ftir a//people aizilpie.cenes flu! public fjgçf Travel Demand Management Policy for the City of Brooklyn Center Final Draft August, 2015 INTRODUCTION During the better part of the past 50 years, road building has focused on moving as many cars as possible as quickly as possible. Following the oil and energy crises in the 1970's, both the 1980's and the 1990's had relatively low and stable oil prices; this contributed to significant increases in motor vehicle travel. These increases are directly related to people choosing to travel by car more often and for greater distances and indirectly because cities developed tracts of suburban housing, distant from destinations and from workplaces. As motor vehicle travel increased rapidly, so too did the ratio of single-occupant commuter trips. To reduce the number of these trips and to save energy, improve air quality, and reduce peak period congestion, better options than single-occupant commuter travel needed to be provided. Travel demand management is an application of strategies and policies to reduce travel demand, or to redistribute this demand in space, time or to more efficient modes. A travel demand management approach to transportation also has the potential to deliver better environmental outcomes, improved public health, stronger neighborhoods, and a more prosperous and livable Brooklyn Center. Recognition of the need for travel demand management has grown with recent trends, including: • Transportation options are increasing, causing people to move to other modes of transportation beside the single occupant motor vehicle. • The World Health Organization states: Increases in motor vehicle travel are linked to a range of health problems, including poor urban air quality, road injuries and fatalities, and reduced physical activity. • Motor vehicle travel in the United States is declining with potentially far-reaching economic and social impacts. Countries and cities where the car is one of many travel choices are more likely to prosper, as people can choose to drive less but are still able to travel by transit, bike, foot or other mode, or choose to work or study from home. • A growing sustainable transport movement is mobilizing public demand for investment in safer, more livable cities with a greater range of travel choices. As a component of travel demand management in reducing single-occupant-vehicle trips, travel demand management planning can encourage the integration of physical activity into daily routines through activities such as biking, walking and/or taking transit. Such activities promote active living which has the following benefits: • Improves physical and mental health • Decreases risk of chronic disease • Reduces medical costs associated with chronic disease • Reduces transportation costs • Reduces pollution and improves air quality • Builds safer, stronger communities • Increases quality of life City of Brooklyn Center, Travel Demand Management Policy 11 P a g e The City of Brooklyn Center is a member of Active Living Hennepin County (ALHC), a partnership of cities, businesses, state and local agencies, and the county. The goals of ALHC members are: increase opportunities for active living through policy change, infrastructure planning, marketing and communications, mentoring new and potential organizations, and education. The funding provided by ALHC through the Statewide Health Improvement Program was instrumental in the development of this policy, which was considered and adopted by the Brooklyn Center City Council through a resolution on XXXX XX, 2015. BACKGROUND Bnefit The benefits to adopting and implementing a travel management demand policy include those that are measurable and immeasurable. Those benefits include a program that: Supports an efficient transportation system. An integrated transportation system increases overall capacity and reduces congestion. Improves transportation equity. Not everyone uses a personal vehicle 40 percent of Minnesotans do not drive because they are too young, have age-related health problems, cannot afford a car, have a disability or choose not to drive (Minnesota Complete Streets Coalition, Blue Cross and Blue Shield of Minnesota). It is important to provide transportation options everyone. Improves public health and fitness. As reliance on the personal vehicle has increased, so has the rate of obesity. Currently, more than 60 percent of Minnesotans are overweight, which, if left unchecked will result in $3.7 billion additional health care costs by 2020 (Blue Cross and Blue Shield of Minnesota and the Minnesota Department of Health). By providing residents and workers with options to bike and walk, more may be willing to do so, helping to reduce health care costs and obesity rates. • Lessens oil dependence. Alternative transportation options include those which are more energy efficient. o Improves environmental health. Reducing motor vehicle use diminishes noise impacts and emissions that negatively impact air and water quality. POLICY This Travel Demand Management Policy (TDMP) includes the following elements: Travel Demand Management Plan Triggers Recognizing that development size and land use type directly affect traffic generation, the City has two levels of travel demand management program applicability- Tier 1 and Tier 2. Tier 1 plans apply to larger developments and Tier 2 plans apply to smaller developments, defined as follows. City of Brooklyn Center, Travel Demand Management Policy 2 1 P a g e (1) A Tier 1 TDMP is required for all new development and/or redevelopment consisting of: (A)New developments where the City Code requires the provision of more than 200 motor vehicle parking spaces attributable to office, institutional, industrial, and warehouse uses; or (B)Redevelopments and/or additions to existing non-residential developments that result in a 25 percent or greater increase in motor vehicle parking area attributable to office, institutional, industrial, and warehouse uses, and the total amount of required parking attributable to office, institution, industrial, and warehouse uses is 200 or more spaces; or (C) Other development as requested by City Engineer, Planning Department, Planning Commission or City Council. (2) A Tier 2 TDMP is required before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, in accordance to Section 35- 230 of the City Code, provided a Tier 1 TDMP is not required. The following uses shall be exempt from Tier 1 and Tier 2 TDMP requirements: • Parks and recreational facilities • Institutional uses that are not customarily in operation between the peak weekday traffic period (6:30 to 9:00 AM and 3:00 to -6:00 PM) • Retail • Construction or alterations the City Engineer, Planning Department, Planning Commission or City Council deems to not require a Tier 1 or Tier 2 TDMP. TDMP Requirements (1) Tier 1 TDMP consists of a study, plan, agreement and annual report as follows (see Appendix A for Tier 1 TDMP template): (A)A TDMP study must be prepared by a qualified traffic professional that includes: (i) A description of the projected transportation and parking impacts of the development at full site development, forecasts of single occupant vehicle trips generated and the likely timing of those trips, and anticipated parking demand. The TDMP study must be conducted in accordance with accepted methodology approved by the City Engineer. (B)ATDMP prepared by the applicant that includes: (i)Description of the TDMP goals, including peak hour single occupant vehicle trip reduction goals; and (ii)Description of TDMP strategies, implementation measures and anticipated single occupant vehicle trip reduction associated with each strategy. Suggested TDMP measures include but are not limited to: onsite transit facilities, preferential location of car and van pool parking, telecommuting, onsite bicycle and pedestrian facilities and applicant or employer subsidized transit passes; and (iii) Description of evaluation measures and process used to determine the effectiveness of the TDMP strategies used and progress toward achieving the single occupant vehicle trip reduction goals; and City of Brooklyn Center, Travel Demand Management Policy 3 P a g e (iv)Proposed total expenditures to implement the TDMP strategies for at least three years following the issuance of the Certificate of Occupancy; and (v)The TDMP must be prepared in format specified in Appendix A of this policy maintained by the City Engineer. (C)A TDMP agreement prepared by the City Attorney's office, executed by the property owner and the City, and filed by the property owner with the records for that property in the Registrar of Titles' or Recorder's Office of Hennepin County with' proof thereof presented to the Issuing Authority prior to issuance of a building permit or certification of occupancy; (D)A TDMP Annual Status Report must be provided annually in the format specified in Appendix C of this policy maintained by the City Engineer, or otherwise approved by the City Engineer, hereinafter referred to as the "1DM P Annual Status Report". (2) Tier 2 TDMP consist of a plan as follows (see Appendix B for Tier 2 TDMP template): (A) A plan describing the TDMP strategies the property owner agrees to implement to reduce peak single occupant vehicle trip generation. The TDMP must be prepared in the format specified in Appendix B of this policy maintained by the City Engineer. Administration The City Engineer will administer Tier land Tier 2 TDMP, including, but not limited to: A)Review and approval of TDMP; B)Maintenance of files for approved TDMP; C) Monitoring progress toward implementation of TDMP strategies and evaluating success of efforts to achieve TDMP goals; Compliance Tier 1 TDMP property owner or its successors and assignees must demonstrate a good faith effort to implement strategies described in an approved Tier 1 TDMP by submitting a TDMP Annual Status Report on March 1 and every year following. The City Engineer will review the TDMP Annual Status Report, within 30 days of receipt, to determine if a good faith effort has been made to implement the strategies described in an approved Tier 1 TDMP or have otherwise achieved the approved TDMP goals. The TDMP Annual Status Report included in Appendix C must be used and must include at least the following: A)Results of the survey questions included in the TDMP Annual Status Report to determine the effectiveness and participation in TDMP strategies; and B)Documentation of annual expenditures made to implement TDM strategies; and C) Documentation of the implementation of TDMP strategies listed in the approved Tier 1 TDMP and an evaluation of the success of each strategy based on the survey results: a property owner may use other verifiable method of measurement such as a follow-up traffic study, if approved by the City Engineer. The following guidelines will be used to evaluate Tier 1 TDMP Annual Status Reports for compliance: City of Brooklyn Center, Travel Demand Management Policy 4 P a g e A)Failure to develop and/or submit on time a complete TDMP program; or B)Failure to implement an approved TDMP program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed goals as specified in this policy; or C)Submission of late or false data in response to survey requirements; or D)Failure to make a good faith effort, as defined in this chapter. Noncompliance will result in a $250 fee per month (or other amount) as agreed and incorporated into the property's Development Agreement. Tier 2 TDM plans annual compliance checks will not be required. City of Brooklyn Center, Travel Demand Management Policy 5 1 P a g e We I I]iISI!L Tier 1 Travel Demand Management Plan Template Mission Statement: The Travel Demand Management Plan (TDMP) for single occupant vehicle travel to and from the property. - reduce the demand for motor vehicle parking at its property. of travel demand management strategies to achieve said goals. is established to reduce also desires to will use a variety Travel Demand Management Travel Demand Management strategies enhance the existing regional transportation infrastructure to provide more accessible opportunities for employees to use sustainable forms of transportation rather than single occupant vehicle trips. Travel Demand Management includes a mix of strategies, as further described in this plan, to encourage transit use, carpooling, bicycling, walking and working off site. It is expected that the TDMP will contribute positively to the business as a desirable place to work. Program elements are to be designed and administered in a manner that emphasizes commitment to achieving the plan goals. Program Goals 1.Education and Awareness.- Inform and educate all employees at about the availability of better options than commuting by single occupant motor vehicle. Inform employees about the resources and incentives available to alternative mode users. 2.Create a Sustainable Commute Program. Significantly increase the convenience, availability and attractiveness of alternatives to single occupant vehicle commuting and provide for reductions in single occupant vehicle trips through programs that support transit, carpooling, bicycling, walking and working from home. Community Impact. Mitigate negative impacts of employee generated vehicle trips on the surrounding community, including traffic congestion and parking spillover into adjacent areas and on adjacent community features. 4. Evaluate performance on an ongoing basis. TDMP Analysis This section outlines the projected transportation and parking impacts of the site at full development. The extent of the traffic analysis is dependent on several factors including size, type, and location of the development. All development projects require documentation of the expected traffic impacts of the development forecast of single occupant vehicle trips generated and the likely timing of those trips. Document the size and type of development and the corresponding daily, AM and PM traffic generation. City of Brooklyn Center, Travel Demand Management Policy Al I P a g e Objective of TDMP and Goals The objective of this TDMP is to assist in the reduction of motor vehicle trips by [Company X] employees during peak travel hours. The TDMP, prepared with assistance from [xxxxxxx], identifies actions to be taken by [Property Management Company] and [Company XI (or any future tenants). It includes strategies to manage travel demand and minimize peak period site-generated traffic. The goal of the [Company XJ TDMP is for x percent peak period of daily commuters to the site to use a better option than driving alone - such as bus, carpool, van pool, bicycle, walking or telecommuting. TDMP This section describes several different strategies, implementation measures and anticipated single occupant vehicle trip reduction set forth in the [Company XI TDMP . The implementation of the following actions is the responsibility of the building owner ([Property Owner X], [Company X], or any future tenant of this property. [Company XI will work within the TDMP to increase awareness of the TDMP strategies available to [Company XI employees and to encourage as much participation in these programs as possible. Evaluation This section describes the evaluation measures and process used to determine the effectiveness of the strategies used aid progress toward achieving the single occupant vehicle trip reduction goals. Designate an Employee Transportation Coordinator The for [Company X] will serve as the Employee Transportation Coordinator (Coordinator). The Coordinator will function as the point of contact to the following agencies, which will provide supporting information and resources for TDMP efforts: The Coordinator's main responsibility is to serve as the conduit for providing up-to-date commuter program information to all building occupants. Much of the information distributed by the Coordinator will be developed and provided by the agencies listed above. Implement Communication and Education Strategies Most of the strategies listed on the following pages can be implemented through use of intra-company communications, facilitated through the Coordinator. Whenever possible, efforts will be made to utilize existing company resources and methods of communication. To maintain an overall awareness of alternative modes of transportation, information will primarily be distributed through email, with occasional posters or fliers posted in prominent locations. Strategies for Achieving the TDMP Goals Upon completion of construction of the property, there will be various TDMP elements available to employees including but not limited to the strategies listed below: City of Brooklyn Center, Travel Demand Management Policy A2 I P a g e General/education Basic • A Transportation Coordinator (a single point of contact to coordinate commute programs) • Commuter multilingual brochures for employees/tenants • Commute Information Dissemination (at the time of hire and in employee benefits summary, messaging to employees about the commute programs and incentives) • Brown Bag Lunches Construction Projects, vanpooling, overview of commuting options/resources • Regular commuting articles in the newsletter • Promotion and special prizes for commuter campaigns (Commuter Challenge, Bike to Work Week, Carpool to Work Month) • Website Advanced • Telework (eligible employees work from home on a predictable basis) • Compressed work week, staggered hours • BBQ or luncheon for people who use modes other than single-occupant motor vehicles • Parking cash-out or financial assistance for metro passes • Transit app Carpools and Vanpools Basic • Preferential Carpool Parking Spaces for Carpoolers (signed spaces closest to main entrances) • Promotion the Metro Transit Guaranteed Ride Home Program Advanced • Financial Incentive/Subsidy for Carpoolers or Vanpoolers • Participation in the regional Metro Vanpool Program sponsored by Metropolitan Council • Carsharing (such as Car2Go, Hour Car, V car etc...) Biking Basic • Secure bike parking (use Hennepin County Bike guidelines) • Annual bike to work clinic • Onsite bicycle tune up event • Promote the Metro Transit Guaranteed Ride Home program • Map to bicycle facilities and regional trails Advanced • Provide shower facilities • Bike fleet for employee use • Pay not to park • Loaner bicycles available to check-out for short term use (to bicycle for errands or to food establishments and as a means to reduce the need for a vehicle after arriving at work) Transit City of Brooklyn Center, Travel Demand Management Policy A3 P a g e Basic • Provide a transit stop easement for transit stops adjacent to the property • Display a transit map or transit route brochures in a prominent location • Allow employees to purchase discounted transit passes pre-tax • Promote the Guaranteed Ride Home program Advanced o Work with Metro Transit to provide a concrete pad, bench and or shelter at the nearby transit stop • Pay not to Park • Offer Employees Free or Pre-Tax Discounted Transit Passes (Metropass, Go To Cards) Last mile measures, shuttles, etc. TDMPP Annual Status Report The TDMP Annual Status Report (see Appendix C) shall be included as part of this approved TDMP and shall be completed with expected and targeted year 1 results and information City of Brooklyn Center, Travel Demand Management Policy A4 I P a g e Appendix B Tier 2 Travel Demand Management Plan Template Mission Statement: The Travel Demand Management (TDM) Plan for is established to reduce single occupant vehicle travel to and from the property. also desires to reduce the demand for motor vehicle parking at its property. will use a variety of travel demand management strategies to achieve said goals. Travel Demand Management TDM strategies enhance the existing regional transportation infrastructure to provide more convenient opportunities for employees to utilize sustainable forms of transportation rather than single occupant vehicle trips. TDM includes a mix of strategies, as further described in this plan, to encourage transit use, carpooling, bicycling, walking and working from home or off site. It is expected that the TDM Plan will contribute positively to the business as a desirable place to work. Program elements are to be designed and administered in a manner that emphasizes commitment to achieving the plan goals. Program Goals 1.Education and Awareness.- Inform and educate all employees at about the availability of better options than commuting by single occupant motor vehicle. Inform employees about the resources and incentives available to alternative mode users. 2.Create a Sustainable Commute Program. Significantly increase the convenience, availability and attractiveness of alternatives to single occupant vehicle commuting and provide for reductions in single occupant vehicle trips through programs that support transit, carpooling, bicycling, walking and working from home. 3.Community Impact. Mitigate negative impacts of employee generated vehicle trips on the surrounding community, including traffic congestion and parking spillover into adjacent areas and on adjacent community features. 4.Evaluate performance on an ongoing basis. Strategies for Achieving the 1DM Plan Goals Upon completion of construction of the property, there will be various TDM elements available to employees including but not limited to the strategies listed below: City of Brooklyn Center, Travel Demand Management Policy 131 I P a g e General/education Basic • A transportation coordinator (a single point of contact to coordinate commute programs) • Commuter multilingual brochures to employees/tenants • Commuter information dissemination (at the time of hire and in employee benefits summary, messaging to employees about the commute programs and incentives) • Brownbag lunches - construction projects, vanpooling, overview of commuting options/resources • Regular commuting articles in the newsletter • Promotion and Special Prizes for Commuter Campaigns (examples include Commuter Challenge, Bike to Work Week, Carpool to Work Month) o Website Advanced • Telework (eligible employees allowed to work from home on a predictable basis) • Compressed workweek, staggered hours • BBQ or luncheon for people who use alternative modes • Parking cash-out • Transit app Carpools and Vanpools Basic • Preferential carpool parking spaces for carpoolers (signed spaces closest to main entrances) • Promote the Metro Transit Guaranteed Ride Home program Advanced • Financial incentive/subsidy for carpoolers or vanpoolers • Participation in the regional Metro Vanpool Program sponsored by Metropolitan Council • Carsharing (such as Car2Go, Hour Car, V car etc...) Biking Basic • Secure bike parking (use Hennepin County Bike guidelines)Annual bike to work clinic • Onsite bicycle tune up event • Promote the Metro Transit Guaranteed Ride Home program • Map to bicycle facilities and regional trails Advanced • Provide shower facilities • Bike fleet for employee use • Pay not topark • Loaner bicycles available to check-out for short term use (to bicycle -for errands or to food establishments and as a means to reduce the need for a motor vehicle after arriving at work) Transit Basic • Provide a transit stop easement for transit stops adjacent to the property • Display a transit map or transit route brochures in a prominent location • Allow employee to purchase discounted transit passes pre-tax City of Brooklyn Center, Travel Demand Management Policy B2 I P a g e o Promote the Metro Transit Guaranteed Ride Home program Advanced • Work with Metro Transit to provide a concrete pad, bench and or shelter at the nearby transit stop • Pay not toPark • Offer employees free or pre-tax discounted transit passes (Metropass, Go To Cards), last mile measures, shuttles, etc. The Success of each of the 1DM Strategies can be measured by: 1. Conducting an annual commuter mode use survey with employees, including one at the time of move-into create a baseline City of Brooklyn Center, Travel Demand Management Policy B3 I P a g e Appendix C TDMP Annual Status Report The City of Brooklyn Center Travel Demand Management (TDM) policy requires Tier 1 developments to implement programs that encourage employees to reduce single occupant motor vehicle trips to help relieve traffic congestion, allow parking flexibility and reduce air pollution. Developers/property owners affected bythe TDM policy must submit an annuals status report form each year. The information is used by the City of Brooklyn Center to determine if the developer/property owner has putforth a good faith effort to implement the TDM strategies intheir approved TDM plan. Please complete the following report as accurately and completely as you can. Specific instructions are included in sections requiring detailed answers. If you would like to provide more information about your TDM program, attach additional pages. Worksite Informati Date Submitted Prooertv ID Work Site Name Site Address City, State Zip TDM Contact Name Title Phone TDM Contact mailing address Email Address Fax Employee Information Total number of building Total occupied square employees feet of building(s) Program information & Promotion Does your work site... Distribute a summary of your worksite's TDM program to employees?Yes No Provide information about the worksite TDM during new employee orientations or hiring packets?Yes No Provide information via a commuter information center?Yes No Post TDM promotional materials for employees?Yes No Give 1DM presentations to managers?Yes No Give TDM presentations to current employees on a regular basis?Yes No Conduct transportation events/fairs and/or participate in city/county/state TDM promotions/campaigns?Yes No Send electronic mail messages about the TDM program?Yes No Publish 1DM articles in employee or building newsletters?Yes No Conduct and employee ride match campaign?Yes No Publish and update an employee TDM website?Yes No City of Brooklyn Center, Travel Demand Management Policy Cl I P a g e What changes to the program information and or promotion, if any are anticipated in the next 12 months (attach additional sheets, if necessary)? Worksite Characteristics Are any of the following facilities located on site or within 3 blocks of this worsjre ana accessioie ro empioyeesr I No I Onsite I Within 3 Blocks Metro Transit bus stop(s) Shuttle system Bikeway (bike lanes or trails) Bike parking Sidewalk or pedestrian trails Worksite Parking Information and Parking Management Parking costs: include items such as leasing costs, security, maintenance and signage. How many total motor vehicle parking spaces does this worksite have for employee use that are controlled by the employer? How many of the total parking spaces identified above are reserved for high occupancy vehicle (ca rpool/vanpool) parking? Onsite Off-site Briefly explain how you manage and monitor you worksite parking program below or attach additional sheets, if necessary. What changes to incentives and subsidy programs, in any are anticipated in the next 12 month: Financial Incentives & Subsidies Attach additional sheets describing in detail an incentive programs including amounts spent and mnIoue/tnnnt nnrticiniitinn. Do you offer How many employees using?Yes No Transit pass subsidy (Metro Transit Bus, LRT) Shuttle system Vanool subsidy Carpool subsidy/incentive Walking subsidy/incentive Bicycling subsidy/incentive Other transportation allowance/stipend Opportunity for TDM participants to receive cash or prizes, paid leave, other incentives What changds to incentives and subsidy programs, in any are anticipated in the next 12 months: City of Brooklyn Center, Travel Demand Management Policy C2 I P a g e Site Amenities Check the jaciiities pro viaea... Yes No How many offered? Long Term Bicycling parking (lockers, office garage, etc.) Short Term Bicycling parking (rack) On-site loading/unloading zones or shelters for non-SOV On-site kiosks that display information on TDM Commercial nodes within walking distance What changes in site facilities, if any are anticipated in the next 12 months: Explain: Flextime and Telework Does your work site offer flex time (allow employees to vary their start and end times Yes No outside of the peak period, 7 to 9 am. & 4 to 6 p.m.? Does your worksite allow employees to eliminate a commute trip by working at home, Yes No telework center or satellite office? Explain: Other Programs Fleet Vehicle Does your worksite offer employer provided vehicles? Guaranteed/Emergency ride home Yes No Vanpooling Yes No Carpooling Yes No Work-related business trips Yes No Non-work related errands Yes No Other Services Available at the work site Are the following services provided? Employer-provided shuttle or van?Yes No Guaranteed/Emergency ride home program, in addition to the four taxi ride reimbursements Yes No per year offered by the Metropolitan Council? City of Brooklyn Center, Travel Demand Management Policy C3 I P a g e Employer provided bicycles Yes No Internal ride match services Yes No Flex car or other shared car program Yes No What changes to other programs, if any, are anticipated in the next 12 months? Other TDM Activities or Program Elements Please provide a brief summary of you TOM plan, how it is working, how you are monitoring it and what if anything, needs to be done to improve or modify the existing plan to meet the goals set in your original plan. Attach additional sheets, as necessary. TDMP GOALS Average total number of daily commuters: Average total number of daily commuters during am peak (7-9am) and pm peak (4-6pm)AM PM Percent of daily commuters not arriving/departing during the peak periods. Average total number of daily commuters during am peak (7-9am) and pm peak (4-6p AM PM Worksite Commitment l understand that our worksite is required by the City of Brooklyn Center to submit an Ann ual TDMP Status Report to implement the program it describes. These actions comply with the City of Brooklyn Center Travel Demand Management Policy. lam aware that the goals of the program are to promote more efficient utilization of existing transportation facilities, reduce traffic congestion and mobile source pollution and to ensure that worksites are design to maximize the potential for transportation other than single occupant motor vehicles. I have reviewed the referenced document and commit to the implementation of all the elements listed and submitted for your approval. Iwill ensure that the City of Brooklyn Center is notified if information in the document changes. Signature Date City of Brooklyn Center, Travel Demand Management Policy C4 I P a g e TRAVEL DEMAND MANAGEMENT POLICY Brooklyn Center City Council Work Session September 14, 2015 WHAT IS IT? Travel demand management is an application of strategies and policies to reduce travel demand, or to redistribute this demand in space, time or to more efficient modes. WHY IS IT IMPORTANT? •Congestion – The ability to build our way out of congestion is becoming severely limited. •Efficiency – The efficiency of expanded roadways in managing traffic congestion is increasingly under challenge, both in regional and local transportation networks. Much of the traffic on new or expanded roads has been shown to be induced. •Reduce Greenhouse Gases – Transportation systems are responsible for 23% of energy-related greenhouse gas emissions and are increasing at a faster rate than any other energy using sector. •Vehicle Travel Linked to Health Problems – Increases in vehicle travel are linked to a range of health problems including poor urban air quality, road injuries and fatalities, and reduced physical activity. The World Health Organization stated in 2003: “We are concerned that current patterns of transport, which are dominated by motorized road transport, have substantial adverse impacts on health.” •Transportation Sustainability – A growing sustainable transport movement is mobilizing public demand for investment in safer, more livable cities with a greater range of travel choices. BROOKLYN CENTER’S CURRENT COMPREHENSIVE PLAN •Acknowledges that the City is somewhat limited in what it can do pertaining to existing businesses. •“In infill and redevelopment areas, the City will review plans to ensure transit is accommodated and to encourage the development of travel demand management programs.” •Includes and supports travel demand management as a way to alleviate increasing traffic congestion. PAST DEVELOPMENTS IN BROOKLYN CENTER Many of the City’s past redevelopments have had travel demand management plans in one form or another including (some recent developments): •CEAP/NW Family Services Center Development •Luther Dealership Developments •Shingle Creek Crossing •Maranatha Care Center •New Millennium Academy WHY DOES BROOKLYN CENTER NEED A POLICY? •Active Living Hennepin County Grant •The City received a grant to develop a travel demand management policy with the goal of helping to make communities within the county more walkable and bikeable. •Active Living promotes policy, systems and environmental change through: complete streets policies, active living resolutions, design of roads, trails, sidewalks and transit, and funding and technical support for local initiatives. •A policy and template plans will help ensure more effective, sustainable, consistent and systematic guidance. OUTLINE OF POLICY The proposed policy contains guidance for Travel Demand Management Plans (TDMP): •Plan Triggers – 2 levels of plans: Tier 1and Tier 2 •Plan Requirements •Administration •Compliance •Template Plans PLAN TRIGGERS – TWO TIERED APPROACH •Tier One TDMP – Larger developments. New or redevelopments where the City Code requires the provision of more than 200 motor vehicle parking spaces. •Tier Two TDMP – Smaller developments. Construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, provided a Tier 1 TDMP is not required. •Exemptions: •Parks and recreational facilities; •Institutional uses that are not customarily in operation between the peak weekday traffic period (6:30 to 9:00 a.m. and 3:00 to 6:00 p.m.); •Retail; and •Construction or alterations that Engineering, Planning Department, Planning Commission or City Council deems to not require a Tier 1 or Tier 2 TDMP. PLAN REQUIREMENTS Tier 1 TDMP (larger developments): •Study – Prepared by transportation professional •Plan – Goals, strategies, evaluation measures and process, expenditures plan, follow City’s template (Appendix A) •Agreement – Filed with the development agreement •Annual Status Report PLAN REQUIREMENTS (CONT…) Tier 2 TDMP (smaller developments): •Plan – Describes strategies to reduce single occupant vehicle trip generation, follow City’s template (Appendix B) •Good Faith effort •Not required: study, agreement, annual status report ADMINISTRATION & COMPLIANCE •Administration – To be performed by the City Engineer •Compliance (for Tier 1 TDMPs only) •Annual Status Report (template Appendix C) •Guidelines to evaluate report •Noncompliance will result in a $250 fee per month (or other amount) as agreed and incorporated into the property’s Development Agreement. TRAVEL DEMAND MANAGEMENT PLAN (TDMP) Contents of TDMP: •Mission Statement •Program Goals •Strategies (examples): •Education (coordinator, brochures, newsletter, website, and promotions) •Carpools/Vanpools (preferential parking for carpoolers, promotion) •Biking (secure bike parking, maps, promotion, etc.) •Transit (display transit maps, promote programs, discount tickets) TRAVEL DEMAND MANAGEMENT POLICY •Policy Issues: Does the Travel Demand Management Policy support the strategic priorities of the City? •Recommendation: •Provide feedback •Bring back to City Council for consideration to adopt as a policy •Questions? •Comments? Brooklyn Center City Council Work Session September 14, 2015 MEMORANDUM - COUNCIL WORK SESSION DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning & Zoning Specialist SUBJECT: Discussion of Active Living Design Guidelines for the Opportunity Site (Proposed Planning and Development Application with Checklist) Recommendation: Recommended that the City Council provide direction to city staff regarding the Active Living Design Guidelines for the Opportunity Site, specifically a proposed Planning and Development Application with Checklist for the Opportunity Site. Background: Approximately one year ago, the City entered into and had city staff participate in a joint Statewide Health Improvement Program (SHIP) Grant through Hennepin County's Active Living program. As part of the executive committee's work on this grant program, the city agreed to create a master plan, policy, program or ordinance that addresses some measures or elements of Active Living within the community. The plan or policy could be applied city-wide; or to a specialized and/or targeted area. In this particular case, planning staff chose the Opportunity Site (Brookdale Ford and Brookdale Square Mail sites, and surrounding commercial parcels) as the preferred or targeted area. Initially, planning staff began developing a land use policy similar the "Policy for Implementing Certain Architectural Design and Land Use Guidelines which Encourage Active Living Principles for the City of Brooklyn Center", which was adopted by the City Council in July 2013. However, Hennepin County Active Living planners felt the city could provide a land use template or specific application that would apply specific guidelines and standards for future development within the targeted area. Based on this recommendation, the city planners developed this new draft land use application with a corresponding check-list with Active Living elements or improvements that can be applied to or measured with new development proposals inside the Opportunity Site. As part of the expected roadway and infrastructure improvements inside the Opportunity Site, city planning staff also developed a preferred roadway cross-section template, which provides an illustration to developers of an ideal roadway section inside this redevelopment area. The sample roadway section is meant to support or encourage Active Living elements, such as narrower street lanes, sidewalks and trails for pedestrians, with landscaped boulevards, street/pedestrian lighting, etc. Mission: Ensuring an attractive, dean, safe, inclusive con,inulutj' that enhances the ijiialitj' of life for all people auudpieseru'es the public (just hYA I Dk"A (I] 1a1I I1IAA I1lJ[ii I pi l lI] 1 J Dt'E1 [I)1 Hennepin County and executive committee members are still reviewing this proposed land use application and street section template; and may provide further comments in the future. The committee is expected to meet in a few weeks to wrap-up the work of the grant project, and provide final recommendations. Policy Issues: 1)Does the City Council support the proposed Active Living Guidelines and Checklist contained in a Proposed Planning & Development Application for the Opportunity Site? 2)Does the City Council wish to have these Guidelines and Checklist forwarded to the City Planning Commission for review and recommendation? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quallt3' oflfe for all people and preserves the public trust X ty of OKL1W NTER Citt Use On Date Received: Date Application Complete: Letter of Completeness: Application No. Planning & Development Application O pportunity Site Only This application is to be used for any new development within the Opportunity Site, as identified on the attached map. This application includes s check-list of select improvements and features that support the City's adopted "Policy for Implementing Certain Architectural Design and Land Use Guidelines which Encourage Active Living Principles". The check-list must be completed and submitted with this application in order for it to be considered complete. A preliminary meeting with the Planning and Engineering Staff is required prior to the submission of this Planning & Development Application. No application will be accepted prior to such meeting. City Staff shall have five (5) business days to review applications for completeness. The 60-day statutory review period does not begin until staff determines the application is complete. Application Request (Mark all that Apply) Site & Building Plan ($750) Rezoning ($1,050 ) Planned Unit Development ($1 ,800 ) PUD Amendment ($700) Subdivision Approval ($300) Variance ($200) Applicant Information: Name: Address: Phone: Cell: Email: Signature Owner Information -- (if dfferentfroin Applicant: Name: Address: Phone: Cell: Email: Signature * The fee title owner of the properly must sign this Application to make it official Address/ Location of Property: The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Application Fee $_____________________ Acct No. 10100-4403 Receipt No. City of Brooklyn Center -Business and Development - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3300 Planning Application - Opportunity Site Only Page 1 08/31/2015 Please provide a general description of your Application Request: Legal Description of Property: ACTIVE LIVING DESIGN for OPPORTUNITY SITE DEVELOPMENT INTRODUCTION More and more metropolitan communities are beginning to investigate and discover better ways for its citizens and visitors to rely less on the automobile, and encourage healthier and safer alternatives in reaching various destinations throughout the city. Active Living is a way of life that integrates physical activity into daily routines through activities such as biking, walking and/or taking transit. In accordance with the city's "Policy for Implementing Certain Architectural Design and Land Use Guidelines, which Encourage Active Living Principles (adopted 07/22/2013, the "Complete Streets Policy" (adopted 06/24/2013), and "Pedestrian and Bicycle Plan (adopted 03/24/2014), the City of Brooklyn Center hereby recognizes that the location and design of buildings and public spaces influences Active Living. The city hereby further recognizes that planning throughout the city and for dedicated redevelopment areas should adhere to certain fundamental principles, which include the following and related active living principles: 1.The planning, design and redevelopment of tracts within the city's Opportunity Site should be in the form of complete and integrated communities, which may contain a mix of new housing, shops, work places, parks and civic facilities essential to the daily life of the residents. 2.New plans and developments within the city's Opportunity Site size should be designed so that housing, jobs, daily needs and other activities are within easy walking distance of each other. 3. New development should contain as many active living elements and improvements as possible, especially new trails and sidewalks, which are interconnected and located within easy walking distance of transit stops. City of Brooklyn Center expanded on these principles by providing the following: A.locate a mix of uses in close proximity to encourage fewer automobile trips; B.build the pedestrian and bicycle infrastructure that accommodates these forms of transportation; and C. assure that residents have access to recreational areas and mass transit. The following guidelines and checklist will be used by the City of Brooklyn Center to help identify specific elements and achievable alternatives for incorporating active living design and improvements within the Opportunity Site area of the city. These guidelines and check-list are intended to be flexible, but will be analyzed and measured according to the points system, which will be used to determine the functionality, sustainability and suitability of any new development site(s) within this dedicated Opportunity Site area. Ideally, the proposed development should seek and attain a perfect score of 85 points. However, a number of 50 or higher is acceptable and will be given consideration to certain design standards as needed. Based on the total number indicated on this checklist, the City will consider and support an adjustment to the required parking standards or required number of vehicle spaces if a development demonstrates or provides on-site bicycle parking elements and improvements. City of Brooklyn Center -Business and Development - 6301 Shingle Creek Pkvy - Brooklyn Center MN 55430 (763) 569-3300 Planning Application— Opportunity Site Only Page 2 08/31/2015 ACTIVE LIVING DESIGN for OPPORTUNITY SITE DEVELOPMENT CHECK-LIST BUILDING DESIGN Buildings should be oriented and designed at an appropriate scale to frame and enclose the adjacent streets or right-of- ways, provide opportunities for pedestrians to enter and access buildings; with ideal access to pedestrian level infrastructure and elements. 1.Proposed Buildings are being built near the front street (Row) line whereverUpossible,with entrances situated or located along this front edge.5 2.Proposed Buildings are sited in ways to make the entries or intended uses clear to forand convenient pedestrians.5 3.Proposed Buildings are connected to public streets via sidewalks that are part of the development.5 4.Pedestrian level building windows front the street and entrances are well-lit for user security.5 5.Proposed parking lots are encouraged to be underground, in parking structuresforlocated behind buildings if possible; and designed to be facilitate shared 5 parking between uses. 6.Proposed building locations and site connectivity decisions were made using CPTED (Crime Prevention Through Environmental Design) principles, including 5 connection to well-lit sidewalks that are buffered by street trees or other amenities. Sub-Total Points (A): PEDESTRIAN CONNECTIONS O 1.Parking facilities are designed to accommodate pedestrian and bicycle access to the buildings.5 D 2.Building site has sidewalks and crosswalks to connect parking to allow for safe pedestrian movement through the parking lot.5 D 3.Pedestrian connectivity is incorporated to link buildings within the site. 5 D 4.Pedestrian connections should be made to the existing public sidewalk system. 5 O s.Benches or seating should be provided for residents, visitors, and/or pedestrians.5 D 6.Striping and signage of crosswalks will be made at all intersections. 5 7.Outdoor seating areas and outdoor sales areas should be planned orUincorporatedwhere appropriate. Such areas shall utilize a unified theme and 5 approach to the defining elements (structural elements, railings, shading, paving, lighting, landscaping) for the creation of these exterior spaces. Sub-Total Points (B): BICYCLE CONNECTIONS City will consider and support an adjustment to the required parking standards or required number of vehicle spaces if a develooment demonstrates or erovides on-site bicycle parking. O 1.Bike parking is being provided in close proximity to primary building entrances or in prominent areas that serve multiple businesses.5 O 2.Bike racks are being installed that supports the wheel and frame of the bike. s O 3.Indoor bicycle racks, controlled-access bicycle storage room, bicycle lockers, and bicycle corrals are secure parking options.5 O 4.Trail connections are planned and connected to any existing overpass system. 5 Sub-Total Points (C):I TOTAL POINTS: A + B _______ + C = City of Brooklyn Center -Business and Development 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3300 Planning Application - Opportunity Site Only Page 3 08/31/2015 City Use Only City Use Only City Use Only Planning Commission Recommendation Dates of PC Consideration Legal Notice Notices Mailed Action Taken Approved Published Resolution No. Approved Denied this day of 20 -, subject to the following conditions: Chairman City Council Action Dates of Council Consideration Legal Notice Published Notices Mailed Action Taken Approved Resolution No. Performance Bond Received Approved Denied this day of 20 with the following amendment: Clerk/Planning Commission Secretary City of Brooklyn Center -Business and Development - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 (763) 569-3300 Planning Application - Opportunity Site Only Page 4 08/31/2015 41 & / : SUMMIT , a 0:11.r 4 Ffl It II • Nit jt; ?K'7 1 S I ' 426L: to PANIIHoo- BUSINESS vf LWU 11 It 111111 - I f __ r i // - BASSLAKERDLi- 124 00;, 1130 80 - - City of Brooklyn Center Opportunity Site _____ Active Living Design Guidelines for Opportunity Site City Council Work Session September 14, 2015 Item No. 3.b Over the past year – City staff has participated in joint Statewide Health Improvement Program (SHIP) Grant through Hennepin County’s Active Living program. As part of this program- the city agreed to create a master plan, policy, program or ordinance that addresses some measures or elements of Active Living within the community. Plan or policy could be applied city-wide; or to a specialized and/or targeted area. In this case, city chose the Opportunity Site. Staff began developing a land use policy similar the “Policy for Implementing Certain Architectural Design and Land Use Guidelines which Encourage Active Living Principles for the City of Brooklyn Center” (adopted by the City July 2013). Hennepin County felt the City should provide a land use template or specific application that applies specific guidelines and standards for development within the target area. Staff began working on a new draft land use application with a corresponding check-list with Active Living elements or improvements Application Statement ACTIVE LIVING DESIGN for OPPORTUNITY SITE DEVELOPMENT INTRODUCTION •More and more metropolitan communities are beginning to investigate and discover better ways for its citizens and visitors to rely less on the automobile, and encourage healthier and safer alternatives in reaching various destinations throughout the city. Active Living is a way of life that integrates physical activity into daily routines through activities such as biking, walking and/or taking transit. •In accordance with the city’s “Policy for Implementing Certain Architectural Design and Land Use Guidelines, which Encourage Active Living Principles (adopted 07/22/2013, the “Complete Streets Policy” (adopted 06/24/2013), and “Pedestrian and Bicycle Plan (adopted 03/24/2014), the City of Brooklyn Center hereby recognizes that the location and design of buildings and public spaces influences Active Living. The city hereby further recognizes that planning throughout the city and for dedicated redevelopment areas should adhere to certain fundamental principles, which include the following and related active living principles: 1.The planning, design and redevelopment of tracts within the city’s Opportunity Site should be in the form of complete and integrated communities, which may contain a mix of new housing, shops, work places, parks and civic facilities essential to the daily life of the residents. 2.New plans and developments within the city’s Opportunity Site size should be designed so that housing, jobs, daily needs and other activities are within easy walking distance of each other. 3.New development should contain as many active living elements and improvements as possible, especially new trails and sidewalks, which are interconnected and located within easy walking distance of transit stops. Application Statement ACTIVE LIVING DESIGN for OPPORTUNITY SITE DEVELOPMENT City of Brooklyn Center expanded on these principles by providing the following: 1)locate a mix of uses in close proximity to encourage fewer automobile trips; 2)build the pedestrian and bicycle infrastructure that accommodates these forms of transportation; and 3)assure that residents have access to recreational areas and mass transit. As part of expected roadway and infrastructure improvements - staff also developed a preferred roadway cross- section template, which provides an illustration to developers of an ideal roadway section inside this redevelopment area. Roadway section is meant to support or encourage Active Living elements, such as preferred street lanes, sidewalks and trails for pedestrians, with landscaped boulevards, street/pedestrian lighting, etc. Active Living’s consultants Community Design Group is developing a roadway template for the committee to review. Policy Issue: •Does the City Council support the proposed Active Living Guidelines and Checklist contained in a Proposed Planning & Development Application for the Opportunity Site? •Does the City Council wish to have these Guidelines and Checklist forwarded to the City Planning Commission for review and recommendation? Work Session Agenda Item NG. 4 MEMORANDUM = COUNCIL WORK SESSION ( DATE: September 14, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Redevelopment of the Southern Portion of the Opportunity Site Recommendation: It is recommended the City Council consider providing direction to staff regarding proceeding with a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. Background The 2016 Strategic Priorities and 2016 -2018 Strategic Plan adopted by the City Council on April 27, 2015 identified Targeted Redevelopment as one of the City's strategic priorities and included the completion of the 1st phased redevelopment of the southern portion of the Opportunity Site, a mixed use residential and commercial redevelopment of the former Brookdale Square and Brookdale Ford commercial properties as one of the Key Outcomes for this Strategic Priority. A strategy to achieve this strategic priority includes the following actions / initiatives by the EDA: - complete the demolition of the vacant Brookdale Square buildings and the former Brookdale Ford site; - complete the master planning of all infrastructure improvements for a multi-phased planned unit development; - establish a tax increment redevelopment district and financial strategies to enable the completion of all necessary infrastructure improvements; - enter into development agreements with a qualified developer for the phased development of 500-600 apartment units consistent with the City's vision and master planning of the Opportunity Site and a qualified commercial developer for the development of approximately 5 acres of complimentary retail businesses & services. A target within the 2016-2018 Strategic Plan is that the first phase development of approximately 120-150 market rate apartment units will commence. Attached for reference is a copy of the Resolution No. 2015-74, Resolution Adopting the 2016 Strategic Priorities and the 2016-2018 Plan and a copy of the Strategic Plan Summary 2016-18. ]I'Iission: Eiisiiri#ig an attractive, clean, safe, inclusive coninuinifl' that enhances the quality of lie for all people and preserves the public trust k I D [I] 1WI I1IJ Ei1SJIJ I 'LI] 1 4i E'fi (iI Preliminary Development Agreement (Contract for Exclusive Negotiations): The attached draft agreement provides for the EDA (the Authority) serves as the Master Developer of the Opportunity Site, and Sand Development, LLC (the Redeveloper) serving as the builder and manager of the residential component of this mixed use development. The preliminary development agreement identifies the following roles and responsibilities of each party: Sand Development LLC. (the Redeveloper) will undertake at its sole cost and expense the following: (a)the development of preliminary design schemes of the Improvements including site plans and parking layouts along with building elevations, amenities, floor plans and unit plans; (b)the development preliminary total development cost budgets for the Improvements; (c)conduct feasibility analysis for the Improvements including market demand, target markets, building features and attributes, pricing and rental rate structure, market saturation and penetration rates, financial pro formas and project capital and financing; and (d)develop a preliminary completion schedule for the Improvements. The attached sketch conceptually illustrates how 600 apartment units within 7 apartment buildings having a parking ratio of 1 underground and 1 surface parking stall per unit could be laid out on the EDA's 32 acres. The EDA (the Authority) will undertake at its sole cost and expense the following: (a)develop preliminary Site design schemes for the public improvements including streets and street scape, parks and trails and utilities including water, sewer and storm water (retention and treatment); (b)develop preliminary total development cost budgets for the public improvements for the Site and financing options; (c)conduct traffic studies related to the Site and Improvements; and (d)develop preliminary design schemes for the commercial redevelopment. Sand Development has provided the attached proposal by Solution Blue, Inc. for the Civil Engineering, Land Surveying, Landscape Architecture, Public Infrastructure Coordination, Development Phasing Plan and Traffic Analysis to complete the design items listed above. The EDA' s cost for the preparation of preliminary designs, infrastructure studies, and budgets for a Master Development Plan for this 32 acre site is $94,420. Assuming that the above tasks can be completed in a 90 day period and result in the following: 1) the City finds the design schemes and planned improvements developed by Sands Development for a residential development which meets the vision of the City for the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'A I [IJ 1I IIIJhYA EI1U[J I 'LI) 1 rI EfI (IAl redevelopment of the Opportunity Site, 2) the feasibility analysis provides Sand Development with the necessary findings and assurances that the project is feasible and marketable: and 3) the EDA approves the necessary infrastructure improvements and determines that they are economically feasible to be funded through a Tax Increment Bond; then EDA and Sand Development LLC could proceed with a Development Agreement as outlined under Section 4.0 of the preliminary development agreement (contract for exclusive negotiations: Section 4.0 Contract for Private Redevelopment. This Agreement outlines the Parties understanding that they intend to negotiate in good faith and that such negotiations may lead to the execution of a definitive Contract for Private Redevelopment. Each Party must find the terms acceptable in that Party's complete and unfettered discretion. Each Party expressly acknowledges and agrees that, as a result of the exercise of a Party's discretion, it is possible that no Contract for Private Redevelopment or other agreement of any kind relating to the redevelopment project may be consummated. The Contract for Private Redevelopment, if entered into, shall address the issues involving the development of the Site, including but not limited to the following: e Duration of the contract. • Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall be one dollar and other good and valuable consideration. o Site preparation timing and costs to be paid for and completed by Authority which shall include but not limited to demolition and environmental remediation. • Public improvement timing and costs to be paid for and completed by Authority. o Timing of land acquisition and construction of the Improvements and public improvements. Affordability requirements, if any. City review and approval rights. o Other financial assistance that may be required to complete the Improvements as determined mutually by the Parties based on the completed feasibility analysis. The preparation of a Development Agreement in February-March 2016 would enable a 18t phase construction schedule to occur in 2016. The development strategy of this agreement seeks to minimize the overall project risks and enable the builder to focus on the building and site enhancements that promote attractive I life style oriented features and improve the quality of the development. The EDA' s use of Tax Increment Financing to undertake the infrastructure improvements will provide a source of revenue to enable an investment into the vision and preferred direction of the City and its redevelopment goals for the Opportunity Site. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life ,for al/people and preserves (lie public trust k'A I aI!A (I] t11I UILYA II1II[iJ I !'LI) i qj *'JI (I)I Policy Issues: Does the EDA wish to proceed with the preliminary development agreement (exclusive negotiation agreement) with Sand Development LLC for the redevelopment of the Opportunity Site? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive coninninity that enhances the quality of life for till people and preserves the public trust • crt:/r _ - WVflsj L . . ,c •--•- .N'• IJ It Na -- - . _ , .- - —4. -,.- _••___\ V . • . I _____ hI3L4t \ : N H .. : , tN ip IL I It 1.1 !--:^-I,-N- znn' kk r7- -U NO VU ' 1 - 3NIH ' E JL 0 ' r , I onr - .-, I Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-74 RESOLUTION ADOPTING THE 2016 STRATEGIC PRIORITIES AND THE 2016-2018 STRATEGIC PLAN WHEREAS, the City Council met in a leadership planning retreat at the Earle Brown Heritage Center on February 6 and 7, 2015, with the Management Leadership Team; and WHEREAS, the City Council in collaboration with the Management Leadership Team identified six Strategic Priorities to guide strategic outcomes over the next several years; and WHEREAS, the adoption of a Strategic Plan with priorities, key outcome indicators, targets, and strategic initiatives will provide clear policy direction, guide resource allocation, and clarify expectations for the City Manager and Management Leadership Team; and WHEREAS, the agreed upon Strategic Plan Summary 2016-2018 is included on page three (3) of the attached summary report; and WHEREAS, the Strategic Priorities for the planning period 2016-2018 are further defined below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the attached 2013-2016 Strategic Plan with the further defined Strategic Priorities is adopted as official policy of the City Council of the City of Brooklyn Center and the City Manager is directed to marshal and allocate budgeted resources of the City in a manner intended to best achieve these Strategic Priorities while continuing to deliver the other essential quality services to the community. STRATEGIC PRIORITIES: Resident Economic Stability The economic stability of residents is essential to vibrant neighborhoods and to retail, restaurant, and business growth. We will lead by supporting collaborative efforts of education, business, and government sectors to improve income opportunities for residents. Targeted Redevelopment Redeveloping properties to the highest value and best use will accomplish our goals regarding housing, job creation, and growth of the City's tax base. We will appropriately prepare sites and provide the necessary supporting infrastructure investments to guide redevelopment of publicly-and privately-owned properties. RESOLUTION NO. 2015-74 Enhanced Community Image Our ability to attract and retain residents and businesses is influenced by the perception of the City. We will take specific actions to assure that Brooklyn Center is recognized by residents, businesses, stakeholders, and visitors as a high quality, attractive, and safe community. Inclusive Community Engagement In order to provide effective and appropriate services, we must clearly understand and respond to community needs. We will consistently seek input from a broad range of stakeholders from the general public, non-profit, and for-profit sectors. Efforts to engage the community will be transparent, responsive, deliberately inclusive, and culturally sensitive. Strengthened and Empowered Youth Youth are a valued resource with the ability to enhance the community with their enthusiasm, energy, and capacity to contribute. We are committed to a coordinated system of high-quality, accessible, and fully resourced opportunities that lead to an increase in high school graduation and pathways to college or career and reductions in young people's experience of violence. Key Infrastructure Investments Proactively maintaining an efficient and effective infrastructure will meet the high level of community expectations. We will plan for and invest in critical infrastructure improvements that enhance safety, improve life quality, and support opportunities for redevelopment, while sustaining the natural environment. April 27, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of he foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center- Strat-egic Plan Summary 2ol6-18 Strategic Priority Key Outcome Target Strategic Initiatives Indicator_(KOI) Economic Stability- Residents Lowest income quartile-wages Increase the average wage of lowest quartile of employed population to equal the Hennepin County Average a)Establish workforce collaborative b)New job creation strategy New higher wage Addition of# of_ new livable wage c)Community-wide jobs created jobs created education & training Certificates,Increase % of residents w/post--strategy graduations, training secondary degrees/certificates equal d)Promotion campaign for for BC residents to the Hennepin County resident start-up businesses percentage Locally owned start-Addition of 5 new start-up businesses ups Redevelopment - Targetedg CARS w/ HEART site Completion of Senior assisted living development a)Senior facility strategy for 2/2015-3/2017 b)Phase I strategy for 10-15Opportunity site Completion of Phase I mixed use development residential development acres & 250 units Shingle Creek Completion of Phase II c) Phase II strategy with GROPJTH Crossing development market analysis and incentives Community Image - Enhanced Expressions of pride in community 90% respond positively on community survey a)Customer service training b)Market BC to realtors c)Establish hotel licensingSerious crime Part 1 violent crime rate 10% lower than Hennepin County average ordinance addressing Realtor feedback 80% of realtors recommend BC to crime reduction clients strategies d)Promote community onWebsite visits-300 unique page visits per year to BC community amenities amenities promotion page website OPRlIO and promotion Community Engagement - All Segments of City Website visits by non- English users Increase 25%a)Comprehensive recruitment strategy for non-traditional applicants b)Website enhancements Non-traditional applicants for 2 applicants for each opening Commissions and for non-English speakers volunteer positions c) Recruitment strategy for Sr HOwES participation at BCUBCU participation 20 participants each session Youth - Strengthened and Empowered High School graduation rate Increase 2% across city a)Collaborate w/ Brooklyn Bridge Alliance for Youth b)Consider increasing City allocation to strengthen Youth unemployment rate Decrease 2% and empower youthOut-of-school Increase 10% program participation rate c)City-wide crime analysis d) Work w/ Hennepin Leadership 25-50 youth leaders actively engaged diversion program development Youth crime rate Decrease 2%, with emphasis on ST, EIFIOL)E-S diversion and restorative justice Infrastructure - Key Investments CIP funding Full funding of highest priority projects a)Comprehensive CIP plan b)Phase II Federal Funding for Brooklyn Blvd corridorBrooklyn Blvd corridor Obtain Phase 2 Federal funding Cr' YTIOflS c) Phase I Federal Funding forTH 252 TH 252 Obtain Phase 1 Federal funding CONTRACT FOR EXCLUSIVE NEGOTIATIONS THIS AGREEMENT, made as of this ____ day of , 2015 is between the Economic Development Authority of Brooklyn Center, Minnesota, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 (the "Authority") and Sand Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387-0727 (the "Redeveloper"). WHEREAS, Redeveloper is proposing to develop the area identified in Exhibit A (the "Site") and is requesting that Authority negotiate exclusively with Redeveloper while the Site is being studied, acquired and designed; and WHEREAS, Authority is willing to negotiate exclusively with Redeveloper provided that certain conditions described in this Agreement are met. NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: Section 1.0 Definitions. In addition to the words and terms elsewhere defined in this Agreement, the following words and terms shall have the following meanings in this Agreement unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented by written agreement of the Parties. "Authority" is the Economic Development Authority of Brooklyn Center, Minnesota. "City" is the City of Brooklyn Center, Minnesota. "Improvements" are site redevelopment and the new construction of approximately 600 multifamily residential units within multiple buildings on the Site. "Parties" means Authority and Redeveloper together and "Party" means either. "Redeveloper" is Sand Development, LLC, a Minnesota limited liability company. "Contract for Private Redevelopment" means a redevelopment contract as described in Section 4.0 of this Agreement. "Site" means the real property described in Exhibit A of this Agreement. "State" is the State of Minnesota. Section 2.0 Representations by the Authority. Authority represents that it is a public body duly organized and existing under the laws of the State and that it has the power and authority to enter into this Agreement and carry out its obligations hereunder. Page 1 of 6 Section 2.1 Representations by the Redeveloper. Redeveloper represents that it is a Minnesota limited liability company duly organized and existing under the laws of the State and that it has the power and authority to enter into this Agreement and carry out its obligations hereunder. Section 3.0 Redeveloper Responsibilities. Redeveloper agrees to undertake and be responsible for the following under this Agreement, at its sole cost and expense: (A)Develop preliminary design schemes of the Improvements including site plans and parking layouts along with building elevations, amenities, floor plans and unit plans. (B)Develop preliminary total development cost budgets for the Improvements. (C)Conduct feasibility analysis for the Improvements including market demand, target markets, building features and attributes, pricing and rental rate structure, market saturation and penetration rates, financial pro formas and project capital and financing. (D)Develop preliminary completion schedule for the Improvements. Section 3.1 Authority Responsibilities. Authority agrees to negotiate exclusively with the Redeveloper for a Contract for Private Redevelopment in accordance with the terms of this Agreement and undertake and be responsible for the following under this Agreement, at its sole cost and expense: (A)Develop preliminary Site design schemes for the public improvements including streets and street scape, parks and trails and utilities including water, sewer and storm water (retention and treatment). (B)Develop preliminary total development cost budgets for the public improvements for the Site and financing options. (C)Conduct traffic studies related to the Site and Improvements. (D)Develop preliminary design schemes for the commercial redevelopment. Section 4.0 Contract for Private Redevelopment. This Agreement outlines the Parties understanding that they intend to negotiate in good faith and that such negotiations may lead to the execution of a definitive Contract for Private Redevelopment. Each Party must find the terms acceptable in that Party's complete and unfettered discretion. Each Party expressly acknowledges and agrees that, as a result of the exercise of a Party's discretion, it is possible that no Contract for Private Redevelopment or other agreement of any kind relating to the redevelopment project may be consummated. The Contract for Private Redevelopment, if entered into, shall address the issues involving the development of the Site, including but not limited to the following: (A) Duration of the contract. (B)Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall be one dollar and other good and valuable consideration. (C)Site preparation timing and costs to be paid for and completed by Authority which shall include but not limited to demolition and environmental remediation. (D)Public improvement timing and costs to be paid for and completed by Authority. (E)Timing of land acquisition and construction of the Improvements and public improvements. (F)Affordability requirements, if any. (G)City review and approval rights. (H) Other financial assistance that may be required to complete the Improvements as determined mutually by the Parties based on the completed feasibility analysis. Section 5.0 Termination. This Agreement shall terminate on July 1, 2016 unless (i) written notice is given by either Party to the other Party, expressing such Party's intention to terminate this Agreement on an earlier date, not less than ninety days prior to such termination date; or (ii) both Parties agree in writing to earlier terminate, or to extend this Agreement. Section 6.0 Effect. Each Party retains throughout the course of this Agreement the obligation to deal in good faith along with a right of complete and unfettered discretion to conduct its negotiations and perform its responsibilities in the manner it sees fit. The Parties agree that upon termination of this Agreement pursuant to the terms, neither shall have any further obligation to each other and the Parties further agree to execute any document reasonably necessary to evidence termination. Section 7.0 Additional Provisions: (A)Redeveloper shall not assign this Agreement or any of its rights or obligations under this Agreement without the written consent of Authority. (B)Each Party shall make all reasonable efforts to cooperate with the other Party. (C)Except for any willful misrepresentation or any willful misconduct by Authority, the City or their agents, officers and employees, Redeveloper shall hold Authority and the City, their agents, officers and employees harmless from Authority's acts under this Agreement. (D)The Parties are not partners or joint ventures in the redevelopment of the Improvements or in any activities contemplated by this Agreement. IN WITNESS WHEREOF, Authority has caused this Agreement to be duly executed in its name and behalf, and Redeveloper has caused this Agreement to be duly executed in its name and behalf, both as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA Dated: Its: Chair SAND DEVELOPMENT, LLC Dated: Its: Chief Manager By By EXHIBIT A I RM Solution Blue July 9, 2015 Solution Blue, Inc. Phone: 651-294-0038 318 Cedar Street Fax: 651-395-3326 Saint Paul, MN 55101 www.Solution9lue.com Richard Hennings Sand Architects, LLC 366 South Tenth Ave. Waite Park, MN 56387 Re: Proposal for Civil Engineering, Land Surveying, Landscape Architecture, Public Infrastructure Coordination & Development Phasing Plan for "Southern Portion = Opportunity Site" project located in Brooklyn Center, Minnesota Dear Mr. Hennings - We appreciate this new opportunity to collaborate with your Sand Architects team on this great development project in Brooklyn Center. Per your request, we are submitting this Proposal for professional services to be completed by a Professional Engineer (PE), Registered Landscape Architect (RLA), registered Land Surveyor (RLS) Certified Storm Water Pollution Prevention Plan (SWPPP) designer, Professional Traffic Operations Engineer (PTOE) and other Solution Blue team members. The following "SCOPE OF SERVICES" (pages 6-11) outlines our proposed services and fees for this project. At our company, we are striving to develop our business by building long lasting relationships, commitment to the craft of landscape architecture and our ability to do things different. Our team is committed to your process and delivering you an excellent product. The City of Brooklyn Center and Sand Companies have the unique opportunity to enhance a blighted area and ( improve the overall community through the redevelopment of the sites formerly occupied by the Ford Dealership, Brooklyn Center Mall and K-mart. The development of housing with green space, park, healthy streets, and commercial/retail development combines many of the ingredients needed for a great community and neighborhood. We see this as an opportunity to further explore the relationships between those who will live in the redeveloped area, the adjacent community, the larger public, complete streets, and open space. We feel that through design we can develop successful solutions that help express an intrinsic sense of place. The housing, streets, trails, park, and creative stormwater solutions are an interrelated series of experiences that impact use, care, and sense of ownership. These qualities are as important to a successful design as solving the functional issues facing the project. We hope to have the opportunity to create positive change that supports the City's and Sand's goals. Regarding our experience and commitment to serving development teams in Metro Area, our team members have been successfully collaboratinn with prolect teams for between 4 and 26 years. We take pride in collaborating with teams of developers, architects, engineers, contractors, City staff, neighborhood organizations and other involved team members and stakeholders. Our team provides expertise in discussing others' ideas throughout the planning, design, approvals and construction stages to ensure that all voices are heard and the team can move forward together. Additionally, our team remains focused on sustainable site design and resourceful water management systems. We remain dedicated to orovidino cost effective and multi-functional site solutions for developers, businesses, residents, cities and other stakeholders across Minnesota. Our team members are constantly evaluating new stormwater management techniques and Best Management Practices (BMP5) to provide more efficient and cost effective solutions for our clients. In addition, Solution Blue has embraced (and trademarked) Water Matters"' because we are committed to creating innovative and sustainable site solutions to more effectively manage our precious water resources. Through our open collaboration and ongoing diligence, we enjoy working together to Proposal for Civil Eng. C Lanclscapo Arch. Sarvi:es 1- Southern Portion Site in Brooklyn Center, MN Solution To: Send Architects Date: 07-09-15 create exceptional outdoor spaces that provide ongoing environmental, social and economic benefits for year to come. Our entire team is excited about this opportunity to collaborate with Sand Companies, the City of Brooklyn Center and various other team members and stakeholders. The following information outlines our specific project team (pg. 2), sample projects (pg. 4), scope of services and fees (pgs. 6-11), and our willingness to enter into a standard AIA subcontractor agreement. Please let us know if you have any questions or would like to discuss anything in further detail. L OUR PP(11ECT T: Randal Tweden, P.E. Lead Civil Engineer Randal is a Professional Engineer (P.E.) who provides over 26 years of experience in the fields of civil engineering, site planning, water resources engineering and construction administration. Mr. Tweden has worked on a variety of projects including multi-family housing, urban re-development, public plazas, parking lots, housing, hospitals and other commercial development projects. Randal continues to provide feasibility studies, site analysis, design development, stormwater modeling, design coordination, project management, plan preparation, bidding support, permitting assistance, construction administration and project close-out services. Randal excels in the area of multi-functional site design where he effectively integrates the site's topography, soil conditions, water management, plants and related site amenities to maximize the environmental, economic and social benefits. Randal continues to expand his knowledge via stormwater management, green infrastructure and Low Imoact Develoomerit (LID) events. John Hink,AIChE Design Project Manager & Constructability Coordinator John provides over 20 years of experience in sustainable site design, project - ,' management, design coordination and integrated construction implementation. Mr. • Hink has managed several multi-family housing, urban re-development, athletic facilities, commercial centers and over 100 brownfield redevelopment projects from conception through design development and concluding with construction - t implementation. John continues to serve as an owner's representative, design team leader, government liaison and project manager for various projects including over 15 years of experience working in the City of Brooklyn Center. Notably, John provides decades of experience in Brownfield re-development, design team coordination, water resources, project engineering and integrated construction management. Mr. Hink has managed over 100 Brownfield clean-ups that have been redeveloped as public parks, housing, mixed-use development, and University campus projects from schematic planning through design development and concluding with construction implementation. John provides expertise in creating efficient stormwater Best Management Practices (BMP5) and multi-functional green spaces. He has collaborated on several projects that incorporate innovative stormwater BMPs including tree trenches, green roofs, infiltration basins, permeable payers, rain gardens and rainwater re-use systems. Because of his project successes, John has been involved with several award-winning projects including several that have received LEED® certification. Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN Solution To: Sand Architects Date: 07-09-15 Pg. 2 Lauren Miller, E.LT. - Water Resources Designer Lauren is an Engineer-in-Training (EIT) who provides extensive experience with civil engineering, site design, water resources, drafting, stormwater modeling and construction administration. She has successfully worked on several projects including multi-family housing, church campuses, urban re-development, parking lots, green roofs, mixed-use commercial, industrial complexes and various other commercial and residential projects. Lauren provides expertise with the analysis, planning, design and implementation of various stormwater Best Management Practices (BMPs) that include green roofs, rain gardens, infiltration basins, permeable payers, tree trenches, filtration basins and rainwater re-use systems She is actively involved with some non-profit and professional organizations including the American Society of Civil Engineers (ASCE), Urban Land Institute (ULI) and the St. Paul Area Chamber of Commerce (SPACC). Carlos ("C)") Fernandez, ASLA Lead Landsc a pe Architect Aune Fernandez Landscape Architects (AFLA) Prior to starting his own firm (AFLA), CJ practiced at a multi-disciplinary design firm for 9 years and has a total of 16 years of experience in landscape architecture. His experience is wide ranging from master planning, parks, and urban design to small p - - scale highly detailed projects of various types. CJ has been involved in public engagement for over 15 years in projects across the region. His ability to interact, listen, and respond to the public has resulted in a design solutions that work for clients, users, and the public. Strong design, graphic communication, presentation skills, and construction experiences provided a solid foundation for working closely with clients from programming through budgeting and construction. Mike Bittner, PE, PTOE, PTP - Lead Traffic Engineer Kadrmas, Lee & Jackson, Inc. (KU) Mike has nearly five years of experience working on transportation planning studies ranging from metropolitan master transportation plans and corridor studies in downtown, urban and rural environments to traffic impact studies and intersection control evaluations. Mike also has experience with a variety of specialty planning studies including border crossing plans, parking studies, airport ground transportation plans, Safe Routes to School projects, pavement management plans, ADA Transition Plans and transportation policy development plans. As a PTP, PB, PTOE and IMSA certified Traffic Signal Field Technician Level II, Mike is the rare hybrid transportation professional that can carry a project from the earliest phases of planning to the most technical phases of construction. Mike's exemplary work, creativity and communication skills have been commended nationally through presentations at five national and regional conferences; he has also authored three papers in the area of transportation planning and/or traffic engineering. Traffic impacts are critical in identifying impacts from planned developed onto the existing transportation system. Mike has completed a myriad of traffic impact studies for varying land uses and contexts. Each study included trip generation, distribution and assignment for the new development and capacity analysis to compare build versus no build scenarios to help facilitate funding responsibilities and deficiencies mitigation improvement strategy development. Each study also included a variety analyses unique to each specific project including but not limited to on-site traffic circulation analysis, access location/spacing evaluation, development and abutting roadway construction phasing analysis, land use scenario analysis, signal progression analysis, crash analysis and lighting analysis. Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Sand Architects Date: 07-09-15 Solution Blue -Pg. 3 FTULD S7PLE PR oil E(CTS: Villages of Frost-English (Maplewood, MN) T LflP This redevelopment project spans over 6 acres and includes the removal of 2 commercial buildings to make way for a new apartment complex, a senior housing complex and a commercial lot for an undetermined tenant (as of July 2015). The project is going to be constructed in 3 phases beginning with the 50-unit apartment complex and concluding with the 79-unit senior housing complex. Along with the buildings, this project includes a network of streets, utilities, parking lots, stormwater features, a playground, trees and various landscape amenities. Construction will begin in August 2015 and is projected to be completed in 2017. Junction Flats Apartments (Minneapolis, MN) We collaborated with the developer, architect, geotechnical engineer, mechanical engineer, structural engineer, the City of Minneapolis and multiple contractors to successfully plan, design, approve and build this 182-unit luxury apartment complex in downtown Minneapolis. This project includes several site amenities including 2 plazas, a rooftop pool, an outdoor bar and grill, a dog run and underground stormwater tanks, pipes and pumps for seasonally high groundwater levels. This urban site is adjacent to several other construction projects that were happening simultaneously including the new Target Field Station and Fulton Brewery, which limited the amount of space available for staging and construction. Construction started in 2013 and was completed in the summer of 2014. CHS Field - aka the St. Paul Saints' Ballpark (St. Paul, MN) We served as the lead stormwater planning and engineering firm for a system of stormwater features for this 7,000-seat ballpark located in Downtown St, Paul. The stormwater features include tree trenches, underground storage/filtration systems, bio- retention basins and a rainwater harvesting and re-use system for irrigating the field and flushing toilets. The most noteworthy stormwater management feature is the 1st ever commercial rainwater harvesting and re-use system used for flushing toilets in St. Paul and the 2d system in all of Minnesota! CHS Field recently received the 2015 "Clean Water Champion" Award from the Freshwater Society for this innovative and sustainable stormwater re-use system that is projected to save over 500,000 gallons of fresh water every year. Wayzata Bay Center ( Wazata, MN) Wayzata Bay Center is a Multi-use development offering senior living, senior care, market rate housing and street front commercial/retail businesses. The development is organized around a central green and network of existing streets, robust sidewalks, and development infrastructure. The design and visualization process engaged the owner/developer, public and elected officials prior to and after project approval. fL r' I '/ Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Sand Architects Date: 07-09-15Solution Blue -Pg. 4 Current/ Recent Clients (2014=2015J: • City of St. Paul MN o Station 19 Architects • University of MN o Wilkus Architects • St. Paul Public Schools o BKV Group o State of MN o James Dayton Design o St. Paul Port Authority a ESG Architects o United Properties o Johnson-Reiland Builders o Welsh Construction a Ebert Construction o Oak Ridge Country Club o Voigt Consultants o Kaas Wilson Architects o Kevitt Excavating o Stencil Group o Continuum Construction o GenMark Builders Pofessona Refereces Peter Moe Director of Operations University of MN Landscape Arboretum 3675 Arboretum Drive Chaska, MN 55318 Phone: (612) 301-1246 Moexx004Eumn.edu Projects: Grand Entry Plaza & Gatehouse New Eastern Drive Dahlberg Terrace Remodel Jody Martinez Design & Construction Manager, Park & Recreation City of St. Paul 25 West Fourth Street Projects: k) St. Paul, MN 55102 CHS Field (Lowertown Ballpar Como Park Transportation ImprovementsPhone: (651) 266-6424 jodV.martinez@ci.stpaul.mn.us Collin Kaas Principal Kaas Wilson Architects 1301 American Blvd E, Suite 100 Bloomington, MN 55425 Phone: (612)879-6000 collink@kaaswilson.com Projects: Clara City Senior Housing The Villages at Frost-English Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Sand Architects Date: 07-09-15Solution Blue Pg. 5 S'COPFOF FVIC STATEMENT OF PROJECT UNDERSTANDING Based on our conversation and the proposal documents you provided, we understand the project as the design of a master plan for Sand Companies ("Sand") and the City of Brooklyn Center ("City") to foster a better and common understanding of the project vision as well as stormwater, transportation and utility capacity of the site. The subject of this proposal is described in steps 1 and 2 of the attached RFP you provided It is understood that if Sand and the City approve the Master Plan, we may be asked to propose services to develop construction documents for phase one construction in 2016. WORK PLAN This proposal describes civil, stormwater, landscape architectural, and transportation design services for the design of a master plan as identified in the Exhibit A map attachment, the development of two typical road sections, park design concept and an overall stormwater management plan. Our process will integrate civil, landscape architectural and traffic engineering to inform stormwater management solutions, road design, and account for utility needs as a collaborative process while developing the master plan design. In collaboration with KU Engineering and AFLA, Solution Blue proposes to complete the following work plan for the project. TASK A: SURVEY OF EXISTING SITE CONDITIONS Fee: $13,200 To complete this task, Sand will need to provide us with all available survey files, ALTA/ACSM Surveys in electronic CADD Format from City, building plans, a current Title Commitment and other relevant plans/info. This task wi//result in a Survey of the existing conditions including the topography, buildings, utilities, pavement, fencing, landscape beds, light poles and other existing site features. Title Commitment and ALTA/ACSM survey to be provided by Others. 1.Coordinate Gopher State 1-Call to locate existing utilities 2.Review ALTA/ACSM Survey from City 3.Survey existing site for topography, buildings, utilities, pavement, fencing, landscape beds, light poles & other site features 4.Prepare Survey in Auto-CAD 5. Provide Survey as PDF & DWG files (basis of design plans) TASK B: STEP 1 - CONCEPT DESIGN Task 113.1- Programming/Inventory 1.Visit site with the design team to gather reconnaissance information and conduct a kick-off meeting with Sand. Sand may choose to be at the site visit if deemed necessary. 2.Gather base information that includes: - ALTA Survey (by others), topo Survey, photography, utility information, existing conditions information. 3.Prepare base map in coordination with Sand. 4.Study issues and opportunities boards that outline issues within the project area and relationships to adjacent properties. 5.Due-diligence for city, and other requirements as needed. 6.Design Team Coordination. Meeting to coordinate roles, expectations and schedule between design team members. It is assumed that Sand will be in attendance at this meeting. Some key items that Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Send Architects Date: 07-09-15Solution Blue Pg. 6 will inform the design will be the site stormwater study and description of utility requirements and recommendations for typical road sections to be provided by the traffic engineer. Coordination with the project architect will be required to identify their experience with the plan and City thus far, options for the master plan design, and inform appropriate design solutions. Generate Sketch Master Plan for Planning Department meeting. Conduct meeting with City Planning staff to review the project direction, vision, goals, requirements, and anticipated schedule. Task B.2- Concept Design 1.Based on the information gathered in task B.1, we will prepare a draft concept Master plan. It is anticipated that this task will include draft concepts for two typical road sections and park design. Concept Master Plan will integrate civil, stormwater, transportation and landscape architectural programs. Provide Auto CAD layout. 2.The drawings will include a conceptual layout of the transportation infrastructure through the proposed site. The drawing will consist of conceptual line work that will be developed in response to Sand's conceptual layout, while incorporating a combination of "living streets" street networks that will include driving lanes, bike lanes and sidewalks. We understand that there are a network of bike trails surrounding the park connecting the proposed development to multiple trail systems in the vicinity, including Shingle Creek Trailway and the Palmer Lake Trail Loop. We will develop a conceptual plan that incorporates multiple modes of transportation. 3.The drawing will include conceptual grading and drainage plans that respond to Sand's conceptual building layout. We will also develop a conceptual stormwater management plan that responds to the City directives for the development area. These plans will be developed with HydroCad models for rate and quality measures. 4.Conduct client meeting to review draft master plan concept. 5. Determine revisions discussed during the client meeting. Task 113.3— Concept Revision & City Meeting 1.Based on the client feedback, we will revise the Master Plan Concept. The revisions will be based on continued study and engineering determinations made by collaborating design team members as well as coordination with the City's planning department staff. 2.Perform concept revisions to Master Plan, Typ. Street Sections, Park Design, Stormwater Management Plan, Transportation Plan and Utility Corridors. 3.Prepare Presentation Graphics for City Meeting. 4.Conduct City meeting and presentation of Master Plan Design. 5. Gather feedback from City meeting input and City department comments. Task B: STEP 1 Deliverables 1.Site reconnaissance materials 2.Auto CAD drawing of the Master Plan Concept 3.Conceptual Stormwater Management Plan 4.Conceptual Grading Plan 5.Conceptual Utility Plan 6.Conceptual Transportation Plan 7.Concept Designs for Master Plan, Two Typ. Street Sections, and Park Design Concept. Digital files, one full size hard copy set, and (3) 11 x 17 hardcopy sets 8.Concept Stormwater Model and Calculations Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Sand Architects Date: 07-09-15Solution Blue - . 7 TASK C: STEP 2 - REFINE MASTER PLAN Task C.1 -Coordinate City Review & Comments 1.Conduct a project design team meeting as needed to review City meeting feedback, City department comments, determine next steps, design revisions, review stormwater engineering, site grading, traffic studies, other ongoing work, and schedule. 2.Develop phasing strategies and project implications. Task C.2 - Refine Master Plan 1.Perform revisions to the Master Plan, Typ. Road Sections, Park Concept, Stormwater Management, Transportation and Grading. Provide changes to the master plan layout for design team coordination in Auto CAD. 2.Conduct a review meeting with the client for approval to finalize the Master Plan and Rendering. 3.Perform design changes as needed. 4.Prepare final Master Plan Rendering, two Typ. Road Sections final renderings, and Park Design rendering(May be incorporated into the Master Plan rendering). 5.Identify all roadway, walkway and bicycle infrastructure that needs to be complete for the first phase of construction. 6.Identify all utility and stormwater infrastructure that needs to be in place for the first phase of construction. Step 2 Deliverables: 1.Final Master Plan CAD Drawing 2.Revised Stormwater Management Plan 3.Revised Grading Plan 4.Revised Utility Plan 5.Revised Transportation Plan 6.One Final Master plan hard copy set, (3) 11x17 card copy sets 7.Revised Stormwater Model and Calculations 8.Construction Plan (in coordination with Sand) SUPPLEMENTAL TASK C.3: STEP 2 - TRAFFIC ANALYSIS A Traffic Impact study was not included in the RFP request. However, through discussion with Brooklyn Center's Planning Director, it is apparent that a Traffic Impact Study will likely be required. We recommend that the Traffic Impact Study be conducted prior to Completion of Step Two, so that any traffic improvement recommendations are accommodated during design, before commencing with Final Design. Background This document presents a proposed scope of services and fee for the completion of traffic engineering services for the site bounded by Shingle Creek Parkway, Bass Lake Road, John Martin Drive and the Minnesota School of Business. Existing Conditions Analysis A. Traffic Data Collection We will collectAM peak hour (7:00 am to 9:00 am) and PM peak hour (4:00 pm to 6:00 pm) intersection turning movement data at the following intersections near the site: Proposal for Civil Eng. C Landscape Arch. Services for Southern Portion Site in Brooklyn center, MN Solution To: Sand Architects Date: 07-09-15 Pg. 8 o Bass Lake Road and Shingle Creek Parkway o Shingle Creek Parkway and John Martin Drive o John Martin Drive and Earle Brown Drive o Proposed South Development Access onto Bass Lake Road o Proposed West Development Access onto Shingle Creek Parkway Pedestrian and bicycle data will also be collected as part of the turning movement data collection effort. Alternative or additional study intersections can be identified through collaboration with City staff. If additional intersections are required to be analyzed, this can added to the scope of work through a supplement. We will also collect average daily traffic data at two locations along Shingle Creek Parkway and at one location along John Martin Drive. Daily traffic data at other locations near the site will be obtained from MnDOT's online traffic mapping application. B.Existing Roadway Network WE will identify the existing roadway characteristics in the study area defined in Traffic Data Collection, including traffic control and intersection geometry at all study intersections. C.Existing Multimodal Facilities We will identify existing pedestrian, bicycle and transit facilities in the study area based on available data and a field review. Impact Analysis A.Trip Generation, Distribution, Mode Choice and Assignment Trip Generation We will estimate the number of daily, AM peak hour and PM peak hour trips associated with the proposed development. Trip generation assumptions will be based on data in the ITE Trip Generation Manual. We will collaborate with City staff to estimate mode-share for site generated trips. Trip Distribution The origins and destinations of site generated trips will be based on existing traffic data, surrounding land uses and transportation facilities and engineering judgment. Assignment The routes used to access the proposed development will be based on existing traffic patterns and engineering judgement. B.Traffic Operations Impact Analysis We will evaluate AM and PM peak hour traffic operations at study intersections for the following scenarios: o 2015 No-Build Scenario (Existing Conditions) o 2015 Build Scenario (Completion of Phase 1) o For the purposes of this study, it will be assumed that the first phase of development will be completed in 2015. o 2025 No-Build Scenario • 2025 Build Scenario (Full Build-Out of Site) o We will work with Sand to determine the development to assume as part of Phase 1 and full build- out. This analysis will help identify if any potential operational deficiencies occur under existing conditions, or if deficiencies would be triggered by site-generated traffic. Intersection capacity analysis will be performed at the following intersections: Proposa fo c"' En.i. E Landscape Arch. Sereces icr SeLlihern Portion Site in Brooklyn center, MN To: Send Architects Date: 07-09-15Solution Blue Pg. 9 - --v. • Bass Lake Road and Shingle Creek Parkway • Shingle Creek Parkway and John Martin Drive • John Martin Drive and Earle Brown Drive • Proposed Development South Access onto Bass Lake Road • Proposed Development West Access onto Shingle Creek Parkway Traffic operations analysis will be completed using the Synchro software, which implements delay and level of service analysis methodologies based on those in the Highway Capacity Manual. Operations at intersection LOS "E" or worse will be considered deficient at signalized intersections, with potential mitigation strategies identified at these locations. C.Traffic Control Warrant Analysis We will complete traffic control warrant analysis at the study intersections per warrants published in the Manual on Uniform Traffic Control Devices. This analysis will include signal warrant analysis (eight hour and four hour warrants) and warrant analysis for unsignalized traffic control such as two-way stop control, all-way stop control and yield control. Roundabouts will also be considered at appropriate locations. D.Turn Lane Warrant Analysis We will evaluate whether turn lanes are warranted at study intersections based on MnDOT design guidelines as well as results from operational analysis. Where not warranted based on MnDOT guidelines, turn lanes will be considered at any location where operational deficiencies would be mitigated if turn lanes were provided. We will provide recommended storage lengths for recommended turn lanes based on expected 95th percentile queues under projected traffic conditions. E. Site Layout Analysis We will evaluate the proposed internal layout of the development to promote traffic circulation that will not impact traffic flow on public roadways. The site layout will also be analyzed for multimodal traffic flow and connectivity to surrounding multimodal infrastructure. Report, Schedule and Fee We will prepare a traffic impact study report that discusses all analyses described above. This report will include figures/exhibits to help illustrate concepts from the report. A.Draft Report We will complete a draft report within 30 days of receiving a notice to proceed. Once completed, this report will be submitted to Sand and the City of for review. B.Final Report Upon receipt of all comments on the draft report, we will incorporate these comments into a final report within 10 days. The report will then be submitted to Sand and the City for final review. C. Fee The traffic impact study will be completed for a lump sum fee of $21,450. 75% of the fee will be paid upon submittal of the draft report and the remaining 25% will be paid upon submittal of the final report. Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn center, MN To: Sand Architects Date: 07-09-15Solution Blue -Pg. 10 Hourly Rates Design Lead Principal $135 Landscape Architect Principal $135 Landscape Designer $95 Civil Engineer Principal $130 Civil Engineer $95 Senior Traffic Engineer $140 Traffic Engineer $110 CAD Technician $80 Administrative $60 H- -- r LI#. F&I 41fl1^ -V r. p : Table 1: Fee Summary Project Tasks Fees Summation Task A: Topographic Survey $ 13,200 $13,200 Task 13.1: Programming and Inventory $ 23,545 Task 13,2: Concept Plan $ 10,840 Task 13.3: Concept Revision & City Meeting $ 11,755 Step One $46,140 Task Cl: Coordinate City Review and Comments $ 1,600 Task C.2: Refine Master Plan $ 12,030 Step Two $13,630 Step One and Two Total =$72,970 Supplemental Traffic Analysis $21,450 TASK D: STEP 3 - FINAL DESIGN AND CONSRUCTION DOUMENTS We will work with Sand to define the Scope of Phase One construction. We will design a final site plan, paving plan, grading plan, utility plan, landscape plan, circulation plan, typical sections and detail, final stormwater model and calculations and detail drawings for roadways, walkways, bikeways, utilities, stormwater BMPs and landscape features. The final design will begin with the layout developed in Step 2. Fees We will develop hourly cost estimates for the scope of work and detailed deliverables. We propose to use the hourly rate schedule itemized below. Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN Solution To: Sand Architects Date: 07-09-15BluePg. 11 Exclusions: The following list of items and services are excluded from our proposal. This is not a complete list of excluded items, but rather just the immediate ones associated with this project. 1.City, Watershed, County, State, Federal and/or other regulatory permit applications and/or fees 2.Bond, letter of credit, or cash escrow for improvements as required by City, Watershed, County, State etc. 3.Any other regulatory agency applications and/or fees 4.ALTA/ACSM Survey with Boundary information 5.Architectural Design and/or Plans 6.Mechanical Engineering Design and/or Plans 7. Electrical Engineering Design and/or Plans S. Structural Engineering Design and/or Plans 9. Geotechnical Testing, Engineering and/or Plans 10, Waterproofing Design and/or Plans 11.Underground Parking Design and/or Plans 12.Staging and/or Demolition Control Plans 13.Site Lighting and/or Photometrics Plan 14.Irrigation Design and/or Plans 15.Environmental Testing and/or Engineering 16.Phase I and/or Phase II Reports 17.Approvals for Hazardous/Toxic Waste 18.Remediation Planning, Design and/or Remedial Action Plan (RAP) 19.Lift Station Engineering and/or Plans 20.Monument Signage and/or Streetscape Design 21.FEMA Floodplain Related Work 22.Wetland Planning, Mitigation and/or Design Work 23.LEED® Analysis, Design, Modeling and/or Documentation Work (24.Minnesota B3 Analysis, Design, Modeling and/or Documentation Work 25. Book-Type Construction Specifications 26, Construction Cost Estimates 27.Construction Testing 28.Construction Staking 29.Construction Management 30.Plat Preparation and/or Plat Work 31.As-Built Land Surveying 32.Construction As-Built and/or Record Plans 33.Title Search and/or Title Commitment 34.Legal Work 35. Printing plans/files for City, Watershed, County, State, Federal and/or other project submittals If you have any questions or feedback, please contact us at your convenience. We look forward to this opportunity to work together again with your Sand Companies team! Sincerely, John Hink President Proposal for Civil Eng. & Landscape Arch. Services for Southern Portion Site in Brooklyn Center, MN To: Sand Architects Date: 07-09-15Solution Blue -Pg. 12 City Council Work Session September 14, 2015 Southern Area: 47.36 acres lying north of Bass Lake Road and south of John Martin Drive, anchored by the EDA properties (the former Brookdale Square and Brookdale Ford sites) The 2016 Strategic Priorities and 2016 -2018 Strategic Plan adopted by the City Council on April 27 , 2015 identified Targeted Redevelopment as one of the City’s strategic priorities and included the completion of the 1st phased redevelopment of the southern portion of the Opportunity Site, a mixed use residential and commercial redevelopment of the former Brookdale Square and Brookdale Ford commercial properties as one of the Key Outcomes for this Strategic Priority. A strategy to achieve this strategic priority includes the following actions / initiatives by the EDA: complete the demolition of the vacant Brookdale Square buildings and the former Brookdale Ford site; complete the master planning of all infrastructure improvements for a multi phased planned unit development; establish a tax increment redevelopment district and financial strategies to enable the completion of all necessary infrastructure improvements; enter into development agreements with a qualified developer for the phased development of 500-600 apartment units consistent with the City’s vision and master planning of the Opportunity Site and a qualified commercial developer for the development of approximately 5 acres of complimentary retail businesses & services. A target within the 2016-2018 Strategic Plan is that the first phase development of approximately 120-150 market rate apartment units will commence. The draft agreement provides for the EDA (the Authority) serving as the Master Developer of the Opportunity Site and Sand Development LLC . (the Redeveloper) serving as the builder and manager of the residential component of this mixed use development. Sand Development LLC (the Redeveloper) will undertake at its sole cost and expense the following: a)the development of preliminary design schemes of the Improvements including site plans and parking layouts along with building elevations, amenities, floor plans and unit plans; b)the development preliminary total development cost budgets for the Improvements; c)conduct feasibility analysis for the Improvements including market demand, target markets, building features and attributes, pricing and rental rate structure, market saturation and penetration rates, financial pro formas and project capital and financing; and d)develop a preliminary completion schedule for the Improvements. The EDA (the Authority) will undertake at its sole cost and expense the following: a)develop preliminary Site design schemes for the public improvements including streets and street scape, parks and trails and utilities including water, sewer and storm water (retention and treatment); b)develop preliminary total development cost budgets for the public improvements for the Site and financing options; c)conduct traffic studies related to the Site and Improvements; and d)develop preliminary design schemes for the commercial redevelopment. Assuming that the above tasks can be completed in a 90 day period and result in the following: 1)the City finds the design schemes and planned improvements developed by Sands Development for a residential development which meets the vision of the City for the redevelopment of the Opportunity Site, 2)the feasibility analysis provides Sand Development with the necessary findings and assurances that the project is feasible and marketable, and 3) the EDA approves the necessary infrastructure improvements and determines that they are economically feasible to be funded through a Tax Increment Bond. then EDA and Sand Development LLC could proceed with a Development Agreement as outlined under Section 4.0 of the preliminary development agreement (contract for exclusive negotiations) Duration of the contract. Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall be one dollar and other good and valuable consideration. Site preparation timing and costs to be paid for and completed by Authority which shall include but not limited to demolition and environmental remediation. Public improvement timing and costs to be paid for and completed by Authority. Timing of land acquisition and construction of the Improvements and public improvements. Affordability requirements, if any. City review and approval rights. Other financial assistance that may be required to complete the Improvements as determined mutually by the Parties based on the completed feasibility analysis. The preparation of a Development Agreement in February-March would enable a 1st phase construction schedule to occur in 2016. The development strategy of this agreement seeks to minimize the overall project risks and enable the builder to focus on the building and site enhancements that promote attractive / life style oriented features and improve the quality of the development. The EDA’s use of Tax Increment Financing to undertake the infrastructure improvements will provide a source of revenue to enable an investment into the vision and preferred direction of the City and its redevelopment goals for the Opportunity Site. Does the EDA wish to proceed with the preliminary development agreement (exclusive negotiation agreement) with Sand Development LLC for the redevelopment of the Opportunity Site?