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HomeMy WebLinkAbout2015 09-28 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 28, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center September 28, 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.September 8, 2015 -Joint Work Session with Financial Commission 2.September 14, 2015 - Study Session 3.September 14, 2015 - Regular Session 4.September 14, 2015 - Work Session b. Licenses C. Resolution Adopting a Travel Demand Management Policy 7. Presentations/Proclamations/Recognitions/Donations a. Introduction of Police Chief Tim Gannon Requested Council Action: —None. CITY COUNCIL AGENDA -2- September 28, 2015 b. Resolution Expressing Recognition and Appreciation of Jenny Whiting for Over 22 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Jim Burnette for Over 19 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. Continued Specil Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs and Administrative Vacant Building Registrations 1. Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to reopen Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items a. Planning Commission Application No. 2015-008, Submitted by Spiritual Life Ministries Requesting Special Use Permit Approval of a New Dynamic Message Sign (DMS) for a Public Use in the C-i Service/Office District, Located at 6865 Shingle Creek Parkway —The Planning Commission recommended approval of this Application at its September 17,2015, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2015-008, Submitted by Spiritual Life Ministries Requesting Special Use Permit Approval of a New Dynamic Message Sign (DMS) for a Public Use in the C-i Service/Office District, Located at 6865 Shingle Creek Parkway Requested Council Action: —Motion to adopt Resolution CITY COUNCIL AGENDA -3- September 28, 2015 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.4714 Lakeview Avenue 2.5322 Logan Avenue North 3.29l3 Nash Road 4.Resolution Approving a Type IV Rental License for 6001 Emerson Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to direct Staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension or revocation of the rental license for property located at 7018 Brooklyn Boulevard. Civic & Veterans Memorial Amphitheater Paver Policy Requested Council Action: —Motion to adopt policy. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 28, 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 —None. PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Brooklyn Center University for Youth 3. Opportunities for Small and Diverse Businesses City Cnll Agiithi liinii N©0 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION SEPTEMBER 8, 2015 CITY HALL - COUNCIL CHAMBERS I.CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission called to order by Mayor Tim Willson at 6:35 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Others present were Financial Commissioners Anna Burke, Teneshia Kiagness, Rex Newman, and Dan Schueller. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the agenda. Motion passed unanimously. III. 2016 CITY MANAGER RECOMMENDED LEVY City Manager Curt Boganey thanked Councilmembers and Commissioners for their work with staff on the levy and budget. He stated that if the City Council and Financial Commission so directs, the 2016 preliminary property tax levy and budget will be brought before the City Council at the September 14, 2015, meeting for adoption. He also stated that the maximum levy increase was 6.48%, but adjustments have been made and the result is a levy increase of 3.99%. Finance Director Nate Reinhardt provided a PowerPoint presentation outlining the City of Brooklyn Center 2016 Preliminary Levy and Budget adjustments including a $5,000 decrease in total revenue adjustments and a $345,000 decrease in total expense adjustments for a net budget reduction of $340,000 (2.49 percent). He also provided information on the HRA levy increase of 10% and the levy's impact on property taxes. There was discussion regarding the 2016 preliminary property tax levy and budget adjustments. Questions were raised regarding the impact of the contingency fund reduction; the possibility of taking advantage of the current downward trend of fuel prices; PERA contribution increases; the per unit increase for rental units; the significant increase in property values; and the impact of the market value increases on higher value homes. 09/08/15 -1- DRAFT Mr. Reinhardt will provide the Council with more information on the City's fuel costs. Mr. Reinhardt reminded Council Members and Commissioners that following adoption, the levy amount cannot be increased. Discussion took place regarding street reconstruction funding; funding of the water treatment plant; the impact of increased valuation of homes on taxes; and significant water rate increases. Consensus was reached to direct staff to bring the 2016 preliminary property tax levy and budget to the September 14, 2015, City Council meeting for adoption. Councilmember Lawrence-Anderson asked about a news report she saw today that the City's water testing facility had inaccurate results. Mr. Boganey will investigate and report back on this issue. IV. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adjourn the Work Session at 7:27 p.m. Motion passed unanimously. 09/08/15 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN HE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 14, 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 6:04 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested item 6f 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 be moved from the consent agenda to the regular meeting agenda under item 1 Oc. Mr. Boganey pointed out that updated copies of the special assessment rolls removing those that have been paid since last week have been distributed to the Councilmembers. MISCELLANEOUS Brooklyn Center University for Youth Mr. Boganey stated that this item was brought, forth by Councilmember Graves for discussion at a Work Session and that the City Council vets these items at its Study Session. He turned the discussion over to Councilmember Graves. Councilmember Graves stated that the City does have two similar programs in place and that her idea could be included in these programs by making space for youth to be involved. She suggested the possibility of having a university for adults and for youth. 09/14/15 4- DRAFT lvii. Boganey asked Councilmember Graves what ages she was thinking of targeting. Councilmember Graves replied that there was a need for a program for youth that are technically adults ages 18-23. She stated that there are not a lot of programming dollars for that age group. Mayor Willson asked Councilmember Graves if she was thinking of waiving an entrance fee. Councilmember Graves replied that participants should not have to pay a fee and this may be accomplished by connecting it to the work program already in place. Mayor Willson pointed out that the registration fees are not in place to make a profit but to offset program costs. Councilmember Myszkowski stated that she likes the idea of linking it to BCU and is intrigued by the idea of linking it to the STEP-UP program. She stated that the youth that participate tend to be representative of the community; there is really very little civic education in schools; and that there are young people that slip through the cracks because they have no connections. She stated that youth would be connected to people that have a knowledge of how to further their own ambitions and she agrees with Councilmember Graves' target age range. She stated that she is not sure how to find funding for this and doesn't know how much it would cost, but possibly it could be rolled into other programs and there may be community partners that would want to be involved. Councilmember Lawrence-Anderson suggested implementing it into the community education program. Councilmember Myszkowski asked if she meant adult community education. Councilmember Lawrence-Anderson replied that she was thinking about parks and recreation for the youth and a way in which to utilize the staff hours by putting it under an umbrella as opposed to creating another entity. Mayor Willson suggested civic credit for individuals that are in the schools; talked about BrookLynk; and suggested investigating if Yes, Inc. has candidates. He stated that he felt that Councilmembers should give staff direction to put this item on a Work Session. Councilmember Ryan stated that there is very strong motivation to look in this direction. He stated that Councilmember Graves had referred to programs with a broader scope and asked her to clarify her vision. Councilmember Graves stated that the STEP-UP program provided career development that is tailored by age and how long they have been in the program. Councilmember Ryan stated that he would not be opposed to bringing this item to a Work Session, but Councilmembers would have to be alert as to how it is focused and that it is not duplicating other programs. 09/14/15 -2- DRAFT Mayor Willson asked if STEP-UP is something the City of Brooklyn Center can participate in. Councilmember Graves thought that it may be a possibility. Mayor Willson asked Councilmember Graves to approach them and Councilmember Graves agreed. Mr. Boganey stated that the cities of Brooklyn Center and Brooklyn Park participate in BrookLynk, which is similar to STEP-UP. He stated that the City could build this piece into that program. Mayor Willson stated that this is an option but that the goal is to reach out to youth that do not have ties or connections to programs. Mr. Boganey stated that the kids that would be involved in STEP-UP would be identical to the kids involved in BrookLynk. Councilmember Graves stated that if the STEP-UP program was willing to expand and take youth from Brooklyn Center, it would mean more jobs for the youth. She stated it wouldn't be a duplication because Minneapolis would be doing the advisory and it would be another opportunity for youth in Brooklyn Center. She stated that the Alliance could be strengthened by this and that her impression is that there still is a struggle to keep youth involved in the youth council. She sees this as an opportunity to get youth involved in leadership positions and it could be mutually beneficially. Mayor Willson stated the City may be able to piggy back on the STEP-UP program. Mr. Boganey stated that the City contracted with STEP-UP this year so there is already a relationship. Mayor Willson stated that there is a segment of youth that we are not reaching and that we are not looking for youth who are doing well in school and have the resources to move forward. There was consensus to bring this item to a Work Session. Opportunities for Small and Diverse Businesses Mr. Boganey stated that this issue was brought up by Councilmember Graves and asked that she explain it to Councilmembers. Councilmember Graves stated she knows that there has been research done by Mr. Boganey and she has had conversations with the Liberian community on this issue. She suggested providing an area of shops that business owners could lease collaboratively to make the City a destination place and to support small business. She stated that she felt there is a need for this in the community and in the community of color. She stated that there is a lot of talent that is untapped and this would make it more visible and accessible. Mayor Willson indicated he doesn't disagree and talked about examples he has been exposed to recently. He talked about an individual that was attempting to work with a City strip mall owner 09/14/15 -3- DRAFT to bring this type of small business that never came to fruition., He stated his trepidation with the City acting as the lessor. Councilmember Ryan confirmed with Mr. Boganey that the Global Market on Lake Street was heavily subsidized. He spoke about the money needed for the vision. He stated that he appreciates Councilmember Graves bringing it up and that it should be looked into. He also stated that the Open for Business initiative does offer free consultant advice and helps small businesses set up a business plan and that it provides a great resource for diverse community members. Mayor Willson asked if Open for Business works with people on business models for free. Mr. Boganey stated he is not sure if there are more costs, but the initial discussion is free. Mr. Boganey talked about strategies to accomplish the City's economic stability initiatives that include a start-up strategy. It begins with a survey that analyzes the impediments and talking to small businesses. If the City decides to assist the small business, it determines the most beneficial strategy. He stated that December 15, 2015, is the target date for survey to be completed and the City hopes to have an implementation strategy by March of 2016. One of the specific items being looked at is creating a business incubator. This is not a new concept and it can work but it does have risks. He stated that Councilmembers have given staff this direction and if staff follows this direction they can give adequate information and responses to the concerns that have been raised. Councilmember Graves stated that these are good first steps and she is comfortable with waiting for results and for next steps. Councilmember Ryan suggesting comparing strategic goals to develop business opportunities with the City Brooklyn Park. Mr. Boganey stated that they may have a different strategy as their main focus is on new development. Councilmember Ryan commented on a conversation he had with Mike Sable, Brooklyn Park Interim City Manager, on this subject. Mayor Willson stated that 60% of New York City's growth came from start-ups and entrepreneurs. Mr. Boganey stated that most job creation comes from existing businesses as opposed to new businesses. There was consensus to bring this item to a Work Session. Councilmember Graves asked Mr. Boganey if he was planning to do quantitative or qualitative research. Mr. Boganey replied he planned to do both types of research. 09/14/15 4- DRAFT Mr. Boganey spoke about a study done by a local professor on the potential value of African immigrant businesses in the north metro area. Mr. Boganey did have a conversation with him and the professor feels there is a strong market and opportunities if the entrepreneurs can get the support they need. Mr. Boganey plans to meet with him in the future. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL The Study Session adjourned at 6:37 p.m. RECONVENE STUDY SESSION The Study Session reconvened at 6:47 p.m. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS AMPHITHEATER PAVER INSCRIPTION POLICY City Manager Curt Boganey asked the City Council to consider two drafts of the Civic and Veterans Memorial Amphitheater Paver Policy. He stated that questions have been raised about what is allowable under the policy currently in place. He stated that the City Attorney and staff have discussed the issue and concluded that the policy should be a policy of the City. They wanted to be as clear as possible in determining acceptable inscriptions and wanted to set forth the purpose of the payers and also to specifically indicate what would be an unacceptable inscription on a paver. He stated that the first draft provides fairly broad messages and the second draft limits what can be inscribed so there is very little margin for error. He stated that once the City has established a policy and precedent, the broader it is, the more creative a person can be and the City cannot discriminate. Even with the various prohibitions outlined a person still has an ability to request an inscription that someone may not like even if the inscription complies with the limitations. He stated that the more limited approach really removes the flexibility and creativity. Mayor Willson commented that he felt that one draft is what one shalt not do and the second one is what one may be able to do. He wondered why they were not merged together. City Attorney Gilchrist stated that the drafts were meant to be separate approaches and they can be reworded. He stated that the broader the message you allow, the greater the chances are that someone will not be comfortable. He also stated that there are a surprising amount of litigations regarding paver inscriptions and they are trying to seek direction from the City Council and then make edits. Councilmember Lawrence-Anderson stated that she hears the rationale but still supports draft number one. She stated that if the policy is too restrictive less payers will sell and the most common sense issues are covered in draft one. Mr. Boganey stated that whatever policy was adopted would not affect previously paid for payers. 09/14/15 -5- DRAFT Mayor Willson stated that he is not opposed to draft one, but wants to see something that says this is what you can do. He stated that he wouldn't want to pick between them. Councilmember Graves stated she likes the creative draft better and feels that it will generate more interest. She stated that draft number two could be used as suggested messages. She asked about the payers that have already been done. Mr. Boganey replied that all of the payers would fit under draft one. Mayor Willson stated that he purchased payers "In Memory of' and did not provide his title as mayor. He stated that at some point someone will need to decide what can be and what cannot be and there is a need for guidelines. Mr. Gilchrist stated that staff can put that sort of message in draft one and flesh it out. Mr. Boganey stated that the intent behind draft one is you can say anything you want to say as long as it fits on the paver and doesn't violate the prohibitions. Draft two states you can only say these things. This discussion was suspended and continued at the Work Session. ADJOURNMENT The Study Session adjourned at 6:59 p.m. 09/14/15 -6- 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 SEPTEMBER 14, 2015 CITY HALL - COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski read the quote: "Gratitude is not only the greatest of virtues, it is the parent of all others". 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 09/14/15 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, with the removal and change of item 6f to item 1 Oc, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 24, 2015 - Study Session 2.August 24, 2015 - Regular Session 6b. LICENSES GARBAGE HAULER Sanimax USA LLC 505 Hardman Avenue, St. Paul MECHANICAL John Bolte Residential Ht & Cooling LLC Central Heating & Cooling LLC Custom Refrigeration Larson Plumbing & Heating North Suburban Heat & Air Owens Companies Inc. St. Paul Plumbing and Htg. Umberto's HVAC, LLC United Heating & A/C Inc. 22050 Redwood Street NW, Oak Grove 26009 Nightingale Street NW, Isanti 640 Mendelssohn Avenue N, Golden Valley 3095 l62' Lane NW, Andover 19066 Jasper NW, Anoka 930 East 80th Street, Bloomington 640 Grand Avenue, St. Paul 13479 Everest Avenue, Apple Valley 1295 Hackamore Road, Medina RENTAL INITIAL (TYPE III— one-year license) 2924 67th Lane N Ivan Tkach 5616 Dupont Avenue N Luis Deleon INITIAL (TYPE II— two-year license) 5348 70 th Circle N Xin Zhou 5354 70th Circle N Xin Zhou 09/14/15 -2- DRAFT 5323 Brooklyn Boulevard 4201 Lakeside Avenue #215 4207 Lakeside Avenue #240 RENEWAL (TYPE III— one-year license) 6601 Camden Avenue N 5214 Drew Avenue N 5528 Humboldt Avenue N 7156 Unity Avenue N RENEWAL (TYPE II— two-year license) 6807-13-19 Humboldt Avenue N Humboldt Courts 5324-26 James Avenue N 5321 Colfax Avenue N 7112 France Avenue N 6823 Fremont Place N 7041 Willow Lane N RENEWAL (TYPE I— three-year license) 6220 France Avenue N Ewing Square 5800, 5830 Logan Avenue N The Lilacs 5209 Xerxes Avenue N 5211 Xerxes Avenue N 330162 Avenue N 5906 Dupont Avenue N SIGNHANGER Albrecht Sign Company Leroy Signs, Inc. SignMinds, Inc. Chen Zhou/John Stiles Donna Kabanuk Tommy Conteh Leroy Massaquoi Paris and Nicole Fadden Missing CPTED follow up and 2 ARM meetings Bruce Goldberg Missing CPTED Michelle Shaffer Mindy Brummer Steven and Debra Elhardt Teodoro Lierena-Cooke Rachel and Patrick Higgins Duane Carter Sandra Hansen Juanita Pekay Farnaz Toussi Chad Johnson Chad Johnson Huong Trang Bruce Goldberg 7775 Main Street NE, Fridley 6325 Welcome Avenue N, Brooklyn Park 1400 Quincy Street NE, Minneapolis 6c.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 6d.RESOLUTION NO. 2015-133 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) 09/14/15 -3- DRAFT 6e.RESOLUTION NO. 2015-134 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6f.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 This item was moved to Consideration Item No. 1 Oc. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-135 EXPRESSING RECOGNITION AND APPRECIATION OF JEAN ANDERSON-GOFF FOR OVER 17 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition for Ms. Anderson-Goff s 17 years of service as EBHC Secretary/Receptionist. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-135 Expressing Recognition and Appreciation of Jean Anderson-Goff for Over 17 Years of Dedicated Service to the City Of Brooklyn Center. Motion passed unanimously. S. PUBLIC HEARINGS 8a. 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. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item and summarized the process for the City to specially assess public nuisance abatement costs, administrative vacant building registrations, administrative fines, citations, and delinquent utilities. She reviewed the procedure for property owner notification and public hearing. She recommended holding the Public Hearings for all three special assessments simultaneously, and if an assessment is appealed, action on that property will be continued to allow time for staff review and report at the September 28, 2015, City Council meeting. 09/14/15 -4- DRAFT Councilmember Graves asked for an explanation regarding partial pre-payments. Ms. Schleuning provided an explanation regarding the process. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mary Warner, 5109 69 th Avenue N, stated that someone put a car on their property and they couldn't get the person to remove it. She stated that she called the City to let them know it was not their car. They were billed $125 for the car to be towed. She stated that they are willing to pay the amount but because her husband is not well, she asked if the payment could be delayed to next month. Mayor Willson suggested that since the next meeting is September 28, 2015, there may be enough time for them to pay. Mai Yang, 4212 66th Avenue N, stated that she was fined $400 because the property was vacant. She stated that they recently purchased the property and went through the protocol and were not made aware of the fee. She requested that the fee be removed. Queena Sloan, 5914 Fremont Ave. N, stated that she has been going back and forth with the City regarding a rental license renewal. She stated that she stopped renting the property and lives there and has provided the City with this information. She stated she has notified the City, but keeps getting fined for not submitting documentation. She requested that the fees be removed. Augustine Obinwa, 3201 Mumford Road, stated he has met with the Brooklyn Center City Attorney regarding his citation for removal of scrap wood from his property. He stated that he was fined $55 and has paid part of the fine and that the attorney told him the appeal would come in the mail, but he did not receive it. He would like to remove the remaining fine because he didn't receive the appeal. Josh Carscadden, 5937 Abbott Avenue N, stated that he is representing property owner Mark Crost who resides in Hawaii. He stated that Mr. Crost needs more time to consult his attorneys regarding this issue and that the property is in a class action suit regarding the roof shingles and Mr. Crost cannot make the repairs until the suit is resolved. Lee Beckley, 3901 Burquest Lane, stated that this residence houses The Caring Sisters Home Care Services group home and currently owes $7,000 in assessments. He stated that the home cannot afford to pay assessments. Weyu Bekuto, 3301 Edinbrook Court, Brooklyn Park, regarding 7124 Indiana Avenue N, appealed a $300 fine for renting without a license. He stated that the rental license expired on September 30th and when the City issued the license, they went back to October 1st 09/14/15 1 -5- DRAFT Christopher Williams, 1711 73rd Avenue N, asked if he could make a motion to change an ordinance. Mayor Willson stated that he would need to get assistance from his Councilmember to change an ordinance. Mr. Williams stated that he has recently done six different home renovations. He stated he has received eight citations, two of which he received through the mail and the other six he did not receive. He stated he has pictures of his property to coincide with each citation date. He would like the citations removed under a City ordinance that provides for construction materials used in current home renovations to be present on the property. Mayor Willson stated that he was impressed that Mr. Williams had read the ordinances. Josiah Rasugu, 6223 Brooklyn Drive, stated that a friend moved into his house temporarily and abruptly left. He did eventually have a vehicle towed. He also stated that he had a funeral event where people parked on the grass and was cited for this. He stated that he was shocked that the fines were so high. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2015-136 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-136 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2 RESOLUTION NO. 2015-137 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-137 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls, with the exception of the following property: 4212 66th Avenue N, and continue the Public Hearing for this property. Motion passed unanimously. 09/14/15 -6- DRAFT 3. RESOLUTION NO. 2015-138 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-138 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, with the exception of the following properties: 5109 69th Ave. N, 6223 Brooklyn Drive, 5914 Fremont Ave. N, 3201 Mumford Road,, 5937 Abbott Ave N, 3901 Burquest Lane, 7124 Indiana Ave N, 1711 73rd Avenue N, 5240 Ewing Ave N, and 3713 Woodbine Lane and continue the Public Hearing for those properties. Motion passed unanimously. 8b. 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. Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed special assessments. Mayor Willson observed that the delinquent accounts were decreasing instead of increasing. Councilmember Graves asked for clarification on the cycles listed. Mr. Reinhardt clarified the issue. Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2015-139 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-139 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. 09/14/15 -7- DRAFT Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None 10.COUNCIL CONSIDERATION ITEMS lOa. PRELIMINARY 2015 LEVY AND BUDGET Finance Director Nate Reinhardt introduced this item and reviewed the proposed establishment of a maximum levy and preliminary budget for 2016. He added City staff recommends the adoption of a resolution to establish the preliminary property tax levy for 2016 fiscal year, as well as a resolution to adopt the preliminary budget for those funds. Mayor Willson observed that it was good to see home values increase and that hopefully we will get back to 2008 values. Councilmember Ryan stated that the City portion of the 2016 increase for a single family residential tax rate would be approximately $83 due to a modest increase in operations and the debt service increase to fund the street utility projects. Mr. Reinhardt confirmed the statement and talked about the bonding used to fund improvement of the City's infrastructure. Councilmember Ryan stated that it is a point worth making that over the years the costs have increased and there was a limit to what the City could do under its existing policy to fund street/utility projects without additional bonding. Mayor Willson asked Mr. Reinhardt to confirm his understanding that 2021 is the end of a 30- year program for street reconstruction. Mr. Reinhardt stated that he believes that is correct. He stated that the City does have a 15-year capital improvement plan and that the bulk of the street reconstruction plan will take place over the next five years. Mayor Willson commented that the City has not had the revenue stream in the past to do capital improvement projects; has tried to keep utility rates flat; and it is now addressing infrastructure problems. He commended Mr. Boganey and his staff for getting the City to the point where it has some dependable revenue stream for capital improvement projects; getting a plan in place for street reconstruction; and keeping property taxes stable. 1. RESOLUTION NO. 2015-140 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND 09/14/15 -8- DRAFT REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE 1N2016 Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-140 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. Motion passed unanimously. 2. RESOLUTION NO. 2015-141 ADOPTING A PRELIMINARY BUDGET FOR THE 2016 FISCAL YEAR Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-141 Adopting a Preliminary Budget for the 2016 Fiscal Year. Mayor Willson commended Councilmembers for their work on the budget by attending additional meetings and working with the staff and the Financial Commission to come up with solutions. Mr. Boganey thanked the staff members for putting together a strong, efficient budget that addresses the strategic issues and goals. He stated that infrastructure is a passion of his and he is pleased to know that they have done the hard work necessary to bring the infrastructure up and keep it up. He believes successors will thank all of them for not leaving it in shambles and not allowing it to decline. He also believes it creates an environment for which people want to invest because they see the local community is also investing. Motion passed unanimously. lOb. 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 0a6. lObi. 5328-30 QUEEN AVENUE NORTH 10a2. 4118 WOODBINE LANE NORTH 100. RESOLUTION NO. 2015-142 APPROVING A LICENSE FOR 3901 BURQUEST LANE 10a4. RESOLUTION NO. 2015-143 APPROVING A LICENSE FOR 6007 GIRARD AVENUE NORTH TYPE IV RENTAL TYPE IV RENTAL 09/14/15 -9- DRAFT 10a5. RESOLUTION NO. 2015-144 APPROVING A TYPE IV RENTAL LICENSE FOR 6937 UNITY AVENUE NORTH 10a6. RESOLUTION NO. 2015-145 APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5328-30 Queen Avenue North; 4118 Woodbine Lane North; and, RESOLUTION NO. 2015-142 Approving a Type IV Rental License for 3901 Burquest Lane, RESOLUTION NO. 2015-143 Approving a Type IV Rental License for 6007 Girard Avenue North, RESOLUTION NO. 2015-144 Approving a Type IV Rental License for 6937 Unity Avenue North, and RESOLUTION NO. 2015-145 Approving a Type IV Rental License for 6013 Zenith 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. lOc. RESOLUTION NO. 2015-146 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 (Agenda item 61) Public Works Director/City Engineer Steve Lillehaug gave a history, status and information on the corridor study and process. Councilmember Ryan stated that he wanted a report as the resolution was passed so that citizens would be fully aware. He stated that this doesn't mean that the City is ready to build something in the near future, but it is in the interest of communicating clearly to MnDOT and the Met Council that this should be a priority project. Councilmember Lawrence-Anderson asked if the public has input on the final project. Mr. Lillehaug responded affirmatively. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-146 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. Motion passed unanimously. 11. COUNCIL REPORT 09/14/15 -10- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 26, 2015: Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Happy Hollow Neighborhood Park Meeting • September 17, 2015: Speaking at Riverwood Neighborhood Association Meeting • September 19, 2015: Brooklyn Center Fire Department Open House • September 19, 2015: Crime Prevention Book Sale at Spiritual Life Church Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 24, 2015: Missed the City Council Meeting • August 17, 2015: Joint Work Session with Financial Commission • August 26, 2015: Safe Summer Nights Event • August 31, 2015: Brooklyn Youth Council Meeting • September 2, 2015: Rotary Luncheon with Congressman Keith Ellison • September 8, 2015: Joint Work Session with Financial Commission Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 26, 2015: Safe Summer Nights Event • September 2, 2015: Rotary Luncheon with Congressman Keith Ellison • September 8, 2015: Joint Work Session with Financial Commission • September 9, 2015: Odyssey Board Meeting and Family Fun Night • September 15, 2015: Housing Commission and Neighborhood Meeting Conflict Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 25, 2015: Attended a Back-to-School Event at Minneapolis Public Schools • August 26, 2015: Missed the Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Health Equity Engagement Cohort Meeting Regarding the Light Rail • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Crime Prevention Event Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 25, 2015: Mayor's Minute Interview • August 26, 2015: Spoke at Community Action Partnership of Suburban Hennepin • August 26, 2015: Greater Minneapolis Council of Churches of West Africa • August 26, 2015: Safe Summer Nights Event • September 8, 2015: Joint Work Session with Financial Commission • September 15, 2015: Happy Hollow Park Neighborhood Meeting • September 16, 2015: Brooklyn Bridge Alliance Special Board Meeting • September 19, 2015: Brooklyn Center Fire Department Open House 09/14/15 -11- DRAFT Councilmember Lawrence-Anderson reported that Wingstop had provided the chicken for the Safe Summer Night event. Mr. Boganey stated that he appreciated those that could attend the Rotary Club meeting and stated that Dave Kiser from Channel 12 will be an upcoming speaker. He will provide Councilmembers with details and dates. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:41 p.m. Motion passed unanimously. 09/14/15 -12- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 14, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:51 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. AMPHITHEATER PAVER INSCRIPTION POLICY - continued Councilmember/Commissioner Graves stated that it wouldn't be a bad idea to have the wording from the second draft be more of a suggestion. Mayor/President Willson stated that it is good to list those things that are not allowed but also to provide direction on what is allowable. Councilmember/Commissioner Myszkowski stated that if the drafts can be merged, it would be fine with her. Councilmember/Commissioner Ryan stated that he would go with draft two in interest of brevity and to avoid the issues revolving around a limited public forum and litigation. Councilmember/Commissioner Lawrence-Anderson stated she likes the creative draft but believes that for legal issues we should give more direction. Mayor/President Willson stated that he believed it was a consensus of sorts to look at a language change on how the two drafts can be merged together. Mr. Boganey stated that staff will merge the documents and bring them back for the City Council/EDA' s consideration. 09/14/15 -1- DRAFT SISTER STUDY UPDATE Mr. Boganey reported on a recommendation that the City Council consider providing direction to staff regarding proceeding with adoption of a new Sister Cities Program. He stated that the City continues to receive inquiries from individuals that would like a relationship and what he learned from a visit to Liberia is that the concept behind the Sister Cities Program is that these would be person-to-person exchanges/relationships to foster goodwill, knowledge and growth and create opportunities to learn from each other. He stated that the City's current arrangement looks like a government-to-government relationship and that the new proposal would not change the relationship but clarify that it is a community-to-community relationship and clarify the goals, purpose and criteria for each Sister City relationship. The commission would make reports and recommendations to the City Council and would promote relationships and provide support for the committees. It would also monitor the progress of the relationship. This proposal would put in place a process so that someone is responsible for keeping track of what is going on. May Willson stated that he is looking forward to having that sort of bonding in place. He stated that he has been approached by school teachers at Earle Brown Elementary regarding a program of cultural awareness between our Sister City using Skype or a pen pal concept. He would very much like to see a commission look in to that. Councilmember/Commissioner Myszkowki thanked Mr. Boganey for the work and research that went into the proposal. She stated that she is excited to see it move forward. Councilmember/Commissioner Lawrence-Anderson stated that she thinks it is a great idea, but is concerned about finding members for the commission. Councilmember/Commissioner Graves stated she isn't aware of how the Sister City was picked, but thinks that if there was a commission of community members interested in having that kind of relationship that having a process would help them. She stated that she likes the idea of a variety of Sister Cities. She stated her support. Mayor/President Willson stated that he has been approached by other West African people that would like a Sister City relationship. He stated that he thinks this is a good direction. Councilmember/Commissioner Ryan stated his appreciation to Mr. Boganey. He stated he is concerned that the composition and management of the proposed commission would promote the Sister City relationships with the City's principal populations. He asked if the commission arrangement would be one that uses staff time. He stated his support. Mr. Boganey stated that he believes that the staff time can be managed and reinforced that a lot of the work will fall to the committees and not to the commission. It will take a group of citizens that have an interest in this relationship and the committees are independent of the City and the commission. They will work through the commission to get the City Council's endorsement. He would recommend that the City pay the annual dues to be a member of Sister Cities International. 09/14/15 -2- DRAFT CouncilmemberCommissioner Ryan stated these relationships may address the world's challenges in small ways. Mayor/President Willson stated he is very heartened by what Germany, Norway and Finland are doing to welcome Syrian refugees. He stated that Germany's chancellor has said that she is of the opinion that this will change the face of Germany. Mr. Boganey stated that Liberian Vice President Boakai will be in Minnesota in October. Mr. Boganey will arrange a meeting with City Councilmembers. DISCUSSION OF HENNEPIN COUNTY ACTIVE LIVING o TRAVEL DEMAND MANAGEMENT POLICY Public Works Director/City Engineer Steve Lillehaug, provided a PowerPoint presentation on the City's Travel Demand Policy that included an explanation of what it is; why it is important; the current comprehensive plan; past developments in the City; why the City needs a policy; an outline of the policy; a two tiered approach; plan requirements; administration and compliance; the travel demand management plan; and the travel demand management policy. Mayor/President Willson talked about this discussion regarding livable communities taking place at the ground breaking ceremony for the New Millennium Academy and reported that the academy invited the Lucht family to the ceremony; he talked about the fact that bus routes were considered at the FBI site; and he asked how the Met Council is getting involved in coordinating regional traffic. Mr. Lillehaug replied the Met Council asks cities to incorporate it in their Comprehensive Plans. He stated that he is not aware of any specific required thresholds. Mayor/President Willson asked if the Met Council was giving direction. Mr. Lillehaug replied that there is a wide range of travel demand policies through the metropolitan area with some cities such as Bloomington having more complex plans. Mayor/President Willson stated he would like to see consistency across the metro so we are not hurting our re-development plan with our travel demand policies. He agrees that it should be kept as simple as possible. Mr. Lillehaug replied that the travel demand policy needs to be flexible and not so stringent that it would drive away prospective developers. Mr. Lillehaug asked the City Council/EDA if the Travel Demand Policy supports the strategic priorities of the City. He recommended that the City Council/EDA consider the policy and provide feedback so that he can adjust the draft policy and bring it back for adoption. Councilmember/Commissioner Lawrence-Anderson expressed her concern about the impact on business, noting that she likes the concept but that the City is really getting into how businesses manage their work schedule. She asked what businesses are given in return. Mr. Lillehaug replied that they may not incur financial responsibility for local improvements. 09/14/15 -3- DRAFT Councilmember/Commissioner Ryan stated that he see a need for this policy and spoke about an article he will share that addresses creating company incentives to change individual behaviors. He stated he shares Councilmember/Commissioner Lawrence-Anderson's concerns. He asked if the Public Works Department will be able to communicate with MTC to request improvements of bus service. He would like to see some way to incentivize employees to lessen their use of cars. Councilmember/Commissioner Graves commented on how much the New Millennium Academy was willing to do to address traffic issues. She stated this would be more of a standard procedure for larger new developments in the City and it is forward thinking. She likes Councilmember/Commissioner Ryan's question about the buses and connecting with the entities such as Met Council. She stated that the policy will have to be general and that she likes the idea of having it in the development agreement but it could be a detraction. She stated that there would be incentives and she would be supportive of the plan. Councilmember/Commissioner Myszkowski stated her concern is that if there is not a uniform policy throughout the region, development could go elsewhere. She stated that if staff feels comfortable, she supports it. Mr. Lillehaug stated that he is comfortable with the policy because it is flexible. The business determines its goals and there are incentives built in. He stated that businesses expect a travel demand policy. Councilmember/Commissioner Ryan asked if a developer could come back and re-negotiate their plan. Mr. Lillehaug answered affirmatively. City Attorney Troy Gilchrist stated that the option to negotiate could be placed in the agreement. Councilmember/Commissioner Graves asked how many reports are required per year. Mr. Lillehaug replied there would be one due in year two. Mr. Boganey stated that he thinks the staff has built a significant amount of flexibility into the policy and he isn't overly concerned because there is room for negotiation and the level of commitment is voluntary. He stated that in today's world, this policy would not be received as onerous. He pointed out that by having a policy it sends a message that the City is concerned about the environment and may attract better corporate citizens. Councilmember/Commissioner Lawrence-Anderson asked for clarification if the developer was setting up the plan. Mr. Lillehaug replied that the engineering department would do the compliance. Councilmember/Commissioner Lawrence-Anderson asked who was filling out the report on an annual basis. Mr. Lillehaug replied that the property owner is filling out the report. Councilmember/Commissioner Lawrence-Anderson asked how the policy is aligned with neighboring cities. Mr. Lillehaug replied that there are not that many communities implementing 09/14/15 4- DRAFT a policy to this extent and that it is up to the property owner to come up with the level they want to report on an annual basis. Councilmember/Commissioner Lawrence-Anderson stated that it seems like Big Brother telling business how to manage themselves. Mr. Lillehaug replied that the City is asking them to give the City a goal and the City does not want to punish the developer. e DESIGN GUIDELINES FOR THE OPPORTUNITY SITE Planning and Zoning Specialist Tim Benetti presented the Active Living Design Guidelines for the Opportunity Site, specifically a proposed Planning and Development Application for the Opportunity Site; an introduction to the Active Living Design for Opportunity Site Development; and an Active Living Design for Opportunity Site Development Checklist with a point system. He asked for the City Council/EDA's support regarding the guidelines. He stated that the Planning Commission has received verbal updates on this new process and asked for recommendations and input from the City Council/EDA. Councilmember/Commissioner Myszkowski stated that she really liked the guidelines and checklist. She asked about Zipcars. Mr. Benetti stated that a developer could propose this. Mayor/President Willson stated that the City Council/EDA supports the guidelines but that the Planning Commission needs to take this under consideration and come back to the City Council/EDA with recommendations. Councilmember/Commissioner Ryan stated he supports the guidelines. Councilmember/Commissioner Graves stated that she supports the guidelines but would want buildings assessed on an individual basis. Mr. Benetti replied that these guidelines are not a requirement but an encouragement. REDEVELOPMENT OF THE SOUTHERN PORTION OF THE OPPORTUNITY SITE Director of Business and Development Gary Eitel provided background, the strategic goal regarding targeted redevelopment, and presented 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. He asked the City Council/EDA if they wished to proceed with the development. Mayor/President Willson reported on conversations he had with New Millenium Academy developers and that the general consensus was in order to entice the millennial generation of residents, the City needs to provide upper scale housing and amenities. Councilmember/Commissioner Ryan stated that he supports the development plan. He asked if the City serving as the master developer would give the City more control. Mr. Eitel replied that he believes the City would have ultimate control because it owns the land. 09/14/15 -5- DRAFT Mayor/President Willson stated that the key is that the. City owns it. Councilmember/Commissioner Lawrence-Anderson stated she supports the development plan. The majority consensus of the City Council/EDA was to move forward with the development plan. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 10:25 p.m. Motion passed unanimously. 09/14/15 -6- DRAFT City Conil Agenda Hem N0 6b IIi1U[SJ I U U I Dk'A I'A I k'A (1) UI UIAI I DATE: September 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk !Ib€MV[ V SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider, approval of the following licenses on September 28, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL A & M Heating & Air Conditioning, LLC Eco Mechanical Services LLC Metro Heating and Cooling Peak Heating and Cooling Inc RENTAL See attached report. 22280 Tippecanoe Street NE, East Bethel 16159 Marble Street NW, Ramsey 255 Roselawn Ave E, Suite 44, St. Paul 7801 Park Dr, Ste.B, Chanhassen Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Inspected Unit - 1-2 unitsType 1-3 Year 0-1 3+ units 0-0.75 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 I1IJ[iJ I U S I k' U'A I k"A 0] 7I 1BJ I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category I Number of Units I Property Code Violations per (Based on Property Code Only) Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (ill people (flu/preserves the public trust 1 -oU4-,TI) U -oC(U U0 U(IT 04- = (U(U W 0 > U 1=(U U)U- -a>-oF- (U 4-)OT,.CU) (U (N u CL (ITU C (U U0,>-4-)>- ,- U)- (U (ITCO>U II -;C-UUOU5 cu -J >- - 0, (UUCU0a:-0 U, C - bUE -ULI) m ai IIU) (-I) • -IL ** ** * * U' * > U) U)--===-----=--U) 0 0. 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(I)U z z zZGi>a-a-z Z z U) °><Z z -0 4-''->I 0 >><U)>4-••U)-0 -o C C <U) o <C>0<_iC '63> --o E4-E C C E E>-o^_rI)U)U)-I N '00 .,-'C (U U)0-000-CU)<uLiIII-,za-v)H>-NJ 0.LI)v-I CT)-I v-I LI)N 0 0)CI)LI)CD r 0 vt 0 0)Nu0'C)0 C)0 I H H '-I LI)II)N 0 N 0 CT)0 CO H CO 0 1,))LI)C)LI)LI)N N 0)N 0)0)a-o LI)LI)r N LU I CT)LI)LU -I -I LI)N LI)LU LU LI)cj Oty Conii©il AgeLilld11 Rem N©0 6 DATE: September 22, 2015 TO: Curt Boganey, City Manager FROM: Andrew Hogg, Assistant City Engineer TIU: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Adopting a Travel Demand Management Policy Recommendation: It is recommended that the City Council consider approval of the adoption of the Travel Demand Management Policy. Background: At the September 14, 2015, City Council Work Session, the Council received an overview of the Travel Demand Management Policy. The policy has been finalized and attached for final consideration are the following: • September 14, 2015, City Council Work Session memorandum • Final Travel Demand Management Policy Budget Issues: The management and implementation of the Travel Demand Management Policy will be performed under the current budgetary means and staffing within the Public Works Department. Strategic Priorities: Targeted Redevelopment !vlissioi,: Ensuring an attractive, clew,, safe, inclusive coIn/nhlIlit that enhances the qua/it,' of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A TRAVEL DEMAND MANAGEMENT POLICY WHEREAS, the City of Brooklyn Center committed to establishing a Complete Streets Policy as part of the City's grant provided under Hennepin County's Active Living Program as part of the Statewide Health Improvement Program; and WHEREAS, the Travel Demand Management Policy supports an efficient transportation system, in which an integrated transportation system increases overall capacity and reduces congestion; and WHEREAS, travel demand management improves transportation equity by providing transportation options to everyone, as walking and biking offer additional means to access businesses and encourage economic development; and WHEREAS, travel demand management improves public health and fitness of workers with options to bike and walk, helping to reduce health care costs and obesity rates, and promoting public health and physical activity through the constructed environment; and WHEREAS, travel demand management can reduce single-occupant-vehicle trips and distribute traffic to improve congestion during peak traffic times, while encouraging the integration of physical activity into daily routines through activities such as biking, walking, and/or taking transit; and WHEREAS, on September 14, 2015, the City Council Work Session included an overview presentation by City staff of the Travel Demand Management Policy; and WHEREAS, the City Council voiced its support and desire to formally consider the Travel Demand Management Policy for adoption. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby adopts the Travel Demand Management Policy that will be used and implemented to guide future development projects in the City of Brooklyn Center. September 28, 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. kU aIhYA [I] 1I IilJh'A EI1Bi[iI I '!ALI] 1 Si *'fi [I]I 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 Recommendation: 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Travel Demand Management Policy for the City of Brooklyn Center September 23, 2015 I TLWIITSJ,1IIiI I 1] k During the better part of the past 5oyears, 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 commutertrips. 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 1 I 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 by resolution on September 28, 2015. • (cI a.1IJk'I Benefits 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. • 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 includes the triggers to determine when a Travel Demand Management Plan (TDMP) is required, specific plan requirements and templates, and administration and compliance guidance as follows: Travel Demand Management Plan Trigg ers Recognizing that development size and land use type directly affect traffic generation, the City has two levels of travel demand management applicability- Tier 1 and Tier 2. Tier 1 TDMPs apply to larger developments and Tier 2 TDMPs 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 may be considered exempt from Tier 1 and Tier 2 TDMP requirements unless special transportation circumstances, impacts or benefits are expected: . 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) A TDMP 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 City of Brooklyn Center, Travel Demand Management Policy 3 1 P a g e reduction goals; and (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 "TDMP 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 1 and 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 TDM P 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 land 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: A) Failure to develop and/or submit on time a complete TDMP program; or City of Brooklyn Center, Travel Demand Management Policy 4 1 P a g e 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 r' sriirs1r1 Tier 1 Travel Demand Management Plan Template Mission Statement: The Travel Demand Management Plan (TDMP) 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 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 X] (or any future tenants). It includes strategies to manage travel demand and minimize peak period site-generated traffic. The goal of the [Company XI 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 X] 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 X] will work within the TDMP to increase awareness of the TDMP strategies available to [Company X] 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 o Secure bike parking (use Hennepin County Bike guidelines) o 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 o 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 vehicle after arriving at work) City of Brooklyn Center, Travel Demand Management Policy A3 I Page 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 o Allow employees to purchase discounted transit passes pre-tax • Promote the 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 to Park • Offer employees free or pre-tax discounted transit passes (Metropass, Go To Cards) last mile measures, shuttles, etc. TDMP 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. The annual status report shall be modified per approved TDMP. City of Brooklyn Center, Travel Demand Management Policy A4 j P a g e Appendix B Tier 2 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 convenient opportunities for employees to utilize 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 from home or 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. 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 TDMP 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: General/education Basic • A transportation coordinator (a single point of contact to coordinate commute programs) • Commuter multilingual brochures to employees/tenants City of Brooklyn Center, Travel Demand Management Policy Bi I P a g e • 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) • Website Advanced • Telework (eligible employees allowed to work from home on a predictable basis) • Compressed work week, staggered hours • BBQ or luncheon for people who use alternative modes • Parking cash-out • Transit app Carpools and Van pools 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 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 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 • Promote the Metro Transit Guaranteed Ride Home program City of Brooklyn Center, Travel Demand Management Policy B2 I P a g e Advanced • 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. TDMP Annual Status Report A TDMP Annual Status Report is not required with a Tier 2 TDMP. City of Brooklyn Center, Travel Demand Management Policy B3 I P a g e Travel Demand Management Plant Annual Status Report The City of Brooklyn Center Travel Demand Management policy requires Tier 1 developments to develop Travel Demand Management Plans (TDMP) and 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 by the policy must submit an annuals status report form each year. The information is used bythe City of Brooklyn Center to determine if the developer/property owner has put forth a good faith effort to implement the strategies in their approved TDMP. 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. [The following is a template, to be modified to match the TDMP as part of the approved TDMP.] Worksite Information Date Submitted Property 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 TDM 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 TDM articles in employee or building newsletters?Yes No City of Brooklyn Center, Travel Demand Management Policy Cl I P a g e Conduct and employee ride match campaign?Yes No Publish and update an employee TDM website?Yes No 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 worksite and accessible to employees? No Onsite 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 employee/tenant participation. Do you offer How many employees using?Yes No Transit pass subsidy (Metro Transit Bus, LRT) Shuttle system Vanpool 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 changes 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 facilities pro viclecL.. 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 1DM Commercial nodes within walking distance What changes in site facilities, if any are anticipated in the next 12 months: Work Schedules & Schedule Changes Does your worksite offer compressed work week schedules used to support your TDM program? Schedule (days/hours) I Yes I No 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 a.m. & 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 City of Brooklyn Center, Travel Demand Management Policy C3 I P a g e per year offered by the Metropolitan Council? 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 TDM 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 Worksite Commitment I understand that our worksite is required by the City of Brooklyn Center to submit an Annual 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. I will 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 City Council Agenda Item N©0 7 i1Ih[ I fl I I lk'A U'A I M [I] 1aWI flhJA I DATE: September 24, 2015 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Introduction of Tim Gannon as the Chief of Police for the City Of Brooklyn Center Recommendation: It is recommended that the City Council welcome Tim Gannon as the Chief of Police for the City of Brooklyn Center Background: On August 1, 2015 Chief Kevin Benner retired from the position of Police Chief for the City of Brooklyn Center. Subsequent to the retirement the City engaged Waters and Company Executive Recruitment, A Springsted Company to assist with the recruitment process. This extensive process included a number of important steps. We began by soliciting input from a variety of stakeholders; from the City Council to the Brooklyn Youth Council. Semi-finalist interviews were conducted by three separate groups composed of Police Professionals, Police Department Employees and City Leadership staff. Based on the group assessments the City Manager selected three well qualified finalists, Tim Gannon, Scott Gerlicher and Eddie Frazell. After considering multiple factors, I was pleased to conclude that Tim Gannon, a 21 year member of the Brooklyn Center Police Department is my unequivocal choice to fill this important leadership role. Over the years Tim has demonstrated all of the necessary knowledge, skills and personal attributes to be an exceptional Chief of Police. While, I regret that I am unable to attend the meeting Monday, I have appointed Tim Gannon as Police Chief knowing that he will serve the City and its citizens with humility, integrity and professional excellence. Budget Issues: There are no budget issues to consider. Strategic Priorities: i1'Iis.io,,: Ensurino an u/I rac113e, clean, sale, inclusive cuatniunjie that enhances the quulTh of/iJ' far all people mid preserves the public trust TIM GANNON EXECUTIVE SUMMARY Over twenty years of dedicated police service with the Brooklyn Center Police Department, including nearly ten years of progressive Command-level supervisory experience. Highly capable and strategic law enforcement official with demonstrated abilities in the areas of project management, case management, crisis leadership, and fiscal responsibility. Self- motivated, morals-driven leader known for effective communication skills, fair and impartial leadership traits, with the ability to form strong partnerships both inside and outside the organization. Passionate about serving the multi-cultural make-up of Brooklyn Center citizenry. Committed to creative approaches to policing the community while fully partnering with stakeholders. Has produced innovative projects and problem solving strategies while still maintaining a strong sense of respect for the history of the organization and those who have previously served the community. PROFESSIONAL EXPERIENCE CITY OF BROOKLYN CENTER Police Commander 01/2006 to Current Report directly to the Chief of Police and serve as Acting Police Chief in the Chiefs absence. I have worked as Command level supervisor for each of the Department's three Division's. Community Services Division 01/2013 to Current • Primary work with community outreach and engagement. • Police Liaison for the Joint Community Police Partnership. • Command a proactive problem solving team of sworn officers. • Oversee the crime analysis initiative which includes an analyst. Investigative Division 01/2010 to 1/2013 • Oversaw a team of detectives and task force personnel. • Reviewed and assigned all felony level crimes committed within the City. • Managed all forfeited property and proceeds from DUI and drug seizures. • The Commander in-charge of Professional Standards; Responsible for Internal Affairs Investigations. • Implemented an initiative to have Hennepin County Child Protection workers embedded within the agency for a more effective and timely response to abuse reporting. Patrol Division 01/2006 to 1/2010 • Provided leadership and direction to the largest division within the Department. • Worked closely with first line supervisors (sergeants) in formulating effective crime fighting strategies within their span of control. • Was responsible for mentoring, coaching and at times disciplining patrol officers. Worked closely with citizen's concerns and provided problem solving alternatives. Was assigned and trained as the Emergency Operations Unit Leader. Police Patrol Sergeant 05/2005 to 01/2006 • While in that role I was responsible for direct shift supervision including officer training and mentorship. • I worked to resolve citizen/customer complaints and concerns regarding police services. • Assigned to the commercial area to monitor and problem solve issues specific to that area. • Assigned as the Emergency Operations Unit (EOU) Sergeant. • Would work as a relief supervisor for all shifts. • Gave me the ability to work with all officers throughout the division. Patrol Officer 08/1994 to 05/2005 • Provide uniform law enforcement response to the community, traffic enforcement, evidence collection, accident investigation, and all duties assigned. • Special duties include: • Firearms Instructor • Use of Force Instructor/Defensive Tactic • Emergency Response Unit Operator • Field Training Officer • Emergency Medical Technician EMT-13 • Emergency Response Assistant Team Leader • Served as Union President for Local 82 MILITARY EXPERIENCE UNITED STATES MARINE CORPS Military Police 0 1/1 988 to 05/1994 Reserve and Active duty service during Desert Shield/ Desert Storm. Honorable discharge at the rank of Sergeant EDUCATION POLICE SUPERVISOR'S COURSE 2013 University of St. Thomas, Columbia Heights, MN SESSION 237 2009 FBI National Academy, Quantico, VA CLEO AND COMMAND ACADEMY 2007 Camp Ripley, Little Falls, MN LAW ENFORCEMENT EXECUTIVE DEVELPOMENT (LEEDs)2006 St. Cloud State University, St. Cloud, MN SUPERVISION OF POLICE PERSONNEL 2005 Northwestern University, Edina, MN BACHELOR OF SCIENCE: LAW ENFORCEMENT 1994 Mankato State University, Mankato, MN ASSOCIATE OF SCIENCE: LAW ENFORCEMENT 1991 North Hennepin Community College, Brooklyn Center, MN AFFILIATIONS Federal Bureau of Investigations National Academy Associates Law Enforcement Executive Development Association International Association of Minnesota Emergency Managers Hennepin County Chief of Police Association CERTIFICATIONS Certificate, Anatomy of Force Incidents, Bureau of Criminal Investigations, St. Paul, MN, January 2014 Certificate, Interview and Interrogations, St. Paul Police Department, MN, March 2013 Certificate, Leadership and Change Management, Maple Grove Police, IvllT, June 2012 Certificate, Internal Affairs, Abrams & Schmidt, September 2011 Certificate, Sexual Assault Investigations, Bureau of Criminal Investigations, St. Paul, MN, April 2011 Certificate, Critical Incident Training (CIT), New Brighton Police Department, February 2011 Certificate, Management Rights, Van Meter & Associates Inc., March 2010 Certificate, Performance Improvement Program, Van Meter & Associates Inc., March 2010 Certificate, Labor Management Co-Chair, Twin City Area Labor Management Council (TCALM), October 2008 Certificate, Media/Public Information Officer, Brooklyn Center Police Department/Andy Skoogman, October 2008 Certificate, SWAT Supervision, National Tactical Officer's Association NTOA, April 2006 Certificate, Leadership Academy, Minnesota Chiefs of Police Association (MCPA), September 2004 Certificate, Instructor Development, Association of Training Officer's in MN (ATOM), March 2003 Certificate, Firearms and Use of Force Instructor Course, St. Paul Police Department, April 2002 Certificate, Field Training Officer Instruction, Association of Training Officer's in MN (ATOM), March 1998 City Cn©il Agenda Hem N©0 7b 1i1H[iJ P V I Mk'AU'A I Ik"4 0) 1I I1SJ'A I DATE: September 22, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Expressing Recognition and Appreciation of Jenny Whiting for Over 22 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Jenny Whiting for her dedicated service to the City of Brooklyn Center. Background: Jenny began her employment with the Brooklyn Center on July 6, 1993, as City Hall Receptionist, moving to the position of Public Works Administrative Technician on February 14; 1994. She is retiring on September 30, 2015, after more than 22 years of dedicated service to the City of Brooklyn Center. Jenny has been an essential employee within in the Public Works Department and has been a consistent contributor advancing the success of the department. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Jenny provided to the City. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JENNY WHITING FOR OVER 22 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Jenny Whiting has been an employee of the City of Brooklyn Center since July 6, 1993, and will retire September 30, 2015, after more than 22 years of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Jenny Whiting has consistently provided the City of Brooklyn Center and its residents with dedicated public service during her tenure working in the capacities of City Hall Receptionist and Public Works Department Administrative Technician; and WHEREAS, Jenny Whiting has been instrumental in providing administrative support to the Public Works Maintenance and Central Garage staff including: recording secretary for the Public Works Labor Management Committee; organizing and coordinating the Great Shingle Creek Clean Up and Adopt-a-Park, Street, and Trail Programs; and for promoting a culture of teamwork within the department; and WHEREAS, Jenny Whiting is recognized for her inclusive, engaging, and cooperative interaction with the citizens of the City of Brooklyn Center; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Jenny Whiting has discharged her duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Jenny Whiting is hereby recognized and appreciated by the City of Brooklyn Center. September 28, 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 Comircil A©nda !t©m N0 7 EI1Jh'(iJ I U I V k' L I 0] t SJAi DATE: September 21, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Service r SUBJECT: Resolution Expressing Recognition and Appreciation of Jim Burnette for over 19 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of a resolution expressing recognition and appreciation for the efforts of Jim Burnette for over 19 years of dedicated service to the City of Brooklyn Center. Background: Attached, please find a City Council Resolution expressing appreciation to Jim Burnette for over nineteen years of service to the City of Brooklyn Center. Jim began his employment with the City of Brooklyn Center on October 15, 1996 and will retire on October 7, 2015. Jim has worked as a cleaning custodian in the Government Buildings Division during his entire career with the city. During that time, Jim has worked in virtually all of the city owned buildings at some point, but has spent the last 14+ years at the police station. Jim's efforts have provided for safe, clean and healthy environments for people to work and recreate. It is fitting that Jim's commitment and contributions to the City of Brooklyn Center are duly recognized. 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 al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JIM BURNETTE FOR OVER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Jim began his employment with the City of Brooklyn Center as a custodian on October 15, 1996, and will retire on October 7, 2015, with more than 19 years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Jim has consistently, provided the City of Brooklyn Center and its residents with exemplary service, creating a safe, clean and healthy environment; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the dedication and professionalism Jim has displayed in discharging his duties; and WHEREAS, the City Council of the City of Brooklyn Center recognizes the positive impact Jim 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 Jim Burnette is duly recognized and appreciated by the City of Brooklyn Center. September 28, 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 CouncH Agendn Item No. 82 COUNCil1 ITEM MEMORANDUM DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs and Administrative Vacant Building Registrations Recommendation: It is recommended that the City Council consider approval of the attached resolution certifying special assessments for Administrative Fines/Citation Costs to the Hennepin County tax rolls. Background: At the City Council Meeting on September 14, 2015, the City Council moved to continue the Public Hearing until September 28, 2015 for certain properties where appeals were made. Additional information was requested for certain properties where the proposed special assessments include unpaid Administrative Fines/Citation Costs and unpaid Administrative Vacant Building Registrations. The appeal that was made for the Vacant Building Registration had been paid and therefore removed from the levy roll prior to the September 14, 2015 City Council Meeting. As part of the property maintenance and enforcement process, property owners are given notice to correct violations, receive notice to pay the bills, and unpaid fees are processed as a pending special assessments in accordance with applicable laws. The pending special assessment amounts are available to the public, including title companies, when a property sale takes place. The administrative penalty program prescribes the legal process and provides an opportunity for a violator (property owners, businesses, etc.) to appeal an administrative citation. Information specific to each special assessment appeal is provided in this report. Please note that there may be differences in the amounts indicated for this year's special assessment and the total amounts shown in the reports. The reason for the differences include: payments may have been made, there may have been Hearing Officer adjustments, amounts may have been assessed in previous years, and amounts may be pending for special assessment in future years. The special assessment rolls are provided and include those amounts that are scheduled for special assessment this year. The special assessment charges and payment schedule are provided in the notification letter and are often explained to parties that contact staff. It is summarized as follows: o If not paid by the end of business day on September 14, 2015, an additional $40 special Illissio,z: Ensuring an attractive, clean, safe, inclusive coinnuui II 111(11 enhances the quail!)' of life for all people (10(1 preserves the public trust [IOiBJ[SJ 1 I I Mh'A Uh'A I W'A 0) t1I t1IIA I assessment fee will be added to the amount owed. • Unless the City Council makes changes to the amounts due at the Public Hearing, no other bill or notice will be provided. • This letter is the party's notice of amounts due. Interest on these special assessments will begin on October 14, 2015, following the 30-day interest free grace period. Interest shall accrue at an annual rate of 4.0 %. • When the City Council adopts the special assessments, there are the following payment options: 1. The total special assessment may be paid without interest between September 14,2015 and October 14, 2015. 2. After October 14, 2015 and through November 25, 2015, the total special assessment plus accumulated interest through the date of payment may be made. Payments will be accepted in the Building & Community Standards Department until close-of-business November 25, 2015. As indicated by the fee schedule, payments could be made before the September 14, 2015, Council Meeting without added fees. After this date, fees apply. There are costs associated with appeals and the fees are an attempt to make sure the public is not required to pay for unsuccessful appeals. This is similar to other programs that have appeal options. Budget Issues: The fees for these special assessments help recover some of the City costs associated with providing a service specific to a property. Nuisance abatement costs and administrative fines occur where voluntary compliance is not achieved and additional staff time is required to gain compliance. Strategic Priorities: • Enhanced Community Image Attachments: Resolution- Nuisance Abatements Summary of Appealed Properties Miss/oil: Ensuring an attractive, clean, safe, inclusive community (11(11 enhances the (Ju(!litJ' 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 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/Citations 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/Citations 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/Citations 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 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 RESOLUTION NO. 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. 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 28, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly 2nded 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. riD C - C .- •- L1O riD L4 riDD •Lfl• ,- ,-4 ell ti-) riD riDrID * • N -dIt NN zci) -d00 0 ci)tn C',C'C"Cc Lfl L()r)c c't-i-i-c oN-c 'c' o Nt'crOO '—I •c'.-(r)(-r crc (1 c C crc (D C'Cc C'C'C'C'C'Cc Cc Cc 0L) CcCcCcCcCcCcCcCcCcCctDCcCcCcCcCcCcCcCcCcCc • E Lrc Cc Cc Cc Cc 'r-,'n Ci 0 N N Cc Cc Cccrc (f'N N NCcNLf)C'N '-crccAo6 -NCcNN0 t- CD -CcCcCcCcCc I I ICcCcCcCcCcCcCcCcIIII I ,-4 —c (-1-crc N N N I I I I IN-I I I I I——— I I I — INNNNNNNNNN— I — I — I — I — - 0 I I I I I INOriflNCcIIcrcII C'C'N Cc N crc crc crc N ZZ - -oci.E _I Ii• ao CccrcNCcNCc-'c z CcCcCcCcCcCcCcCcCcCcci)——---I ,-,-•—,- Attachment- Summary of Appealed Properties Property Number 1 Address: 3901 Burquest Ln Owner: Superior Development Inc. owns property; Caring Sisters is the business. Appellant's Statement: The Appellant stated that there are not enough individuals living at the property to generate an income and the business cannot afford to pay the citations. Findings: The property was issued several Type IV Rental Licenses. The rental license applications were submitted after the rental license expired or otherwise in an untimely. This did not allow sufficient time to complete the rental license process. City ordinance requires rental license applications to be submitted 90 days before license expiration. Further, after the owner was notified of the license type and the requirement to submit a Mitigation Plan, the owner did not submit a Mitigation Plan by the compliance date resulting in further delay in obtaining a rental license. The citations were issued for operating without a rental license and failure to meet mitigation plan requirements. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $7,025. Violation Type Dates Action Fees Operating a rental 01/31/2014 Type IV Rental License expired. dwelling without having a license 02/20/2014 A $250.00 citation was issued for failure to $250 meet Mitigation Plan requirements, specifically missing one ARM meeting and failure to submit monthly reports. 04/02/2014 A rental license renewal application was submitted. 04/14/2014 1" inspection conducted and failed with 5 property code violations. 04/23/2014 A $1,200 citation was issued for operating a $,1200 rental dwelling without having a license 05/12/2014 Administrative hearing was held for the $1,200 citation. Administrative Hearing Officer imposed $600 and stayed $600 with no same or similar violation within 1 year. $20 administrative hearing deposit will be applied towards the $600 fee that was imposed. Total owed is $580. 6 Page 05/14/2014 2nd inspection failed 05/28/2014 3 Id inspection passed, a $100 reinspection $100 fee charged and paid. 07/09/2014 A notice was sent informing the property owner that the property qualifies for a Type IV rental license and the submission of a Mitigation Plan is required. The rental license period is from 2/1/2014 to 7/31/2014. 07/09/2014 The Mitigation Plan was submitted. 07/09/2014 A rental license renewal application was submitted. 07/10/2014 $580 was paid per the administrative hearing decision. 08/11/2014 The Mitigation Plan was approved by City Council and the rental license was issued. 08/14/2014 1" inspection conducted and failed with 7 property code violations. 09/16/2014 2 inspection conducted and failed.________ 09/30/2014 3rd inspection conducted and failed A $100 $100 _reinspection fee charged._________ 10/30/20 14 4th inspection conducted and failed. A $100 $100 reinspection fee charged. 11/13/2014 5th inspection conducted and failed. A $100 $100 reinspection fee charged. 11/20/2014 The $600 citation amount stayed by the $2,000+ Hearing Officer on 05/12/2014 was $600 imposed since the same violation occurred, operating without a rental license. A $2,000 citation was issued for operating a rental dwelling without a license. 11/26/2014 6th inspection conducted and passed the $100 inspection. A $100 reinspection fee charged. A total of $400 for reinspection is owed. 12/11/2014 A $2,000 citation was issued for operating a $2,000 rental dwelling without a license. 12/18/2014 Notice to pay the reinspection fee was sent. 01/07/2015 Notice to pay the reinspection fee was sent._________ 01/07/2015 A $2,000 citation was issued for operating a $2,000 rental dwelling without a license. 01/28/2015 Staff met with Lee Beckley, property manager for Caring Sisters, to discuss the reinspection fee and the citations that were issued. Staff explained that the reinspection 7Page fees are charged for the failed reinspections. Mr. Beckley stated that his maintenance staff did not do all of the repairs and that is why he kept failing the inspections. Staff explained that the rental license expired on 07/31/2014 and the citations are for operating without a rental license and the citation fees are owed because they were not appealed. Mr. Beckley stated that they cannot to afford to pay the citations because of the number of occupants in the property do not generate enough income. Staff explained that the rental license will expire on 01/31/2015 and another rental license renewal is due; The $400 reinspection fee was paid. 01/28/2015 A notice was sent informing the property owner that the property qualifies for a Type IV rental license and the submission of a Mitigation Plan is required. The rental license period is from 08/01/2014 to 01/31/2015. The rental license renewal application was submitted. 02/18/2015 A reminder notice was sent to submit a Mitigation Plan. 02/20/2015 A $125 citation was issued for failure to $125 meet Mitigation Plan requirements, specifically missing one ARM meeting and failure to submit monthly reports. 03/02/2015 1st inspection was conducted and failed. 03/06/2015 An email was sent to Mr. Beckley informing him to submit the Mitigation Plan. 03/12/2015 The Mitigation Plan was submitted. 03/18/2015 A Mitigation Plan was submitted for the license period starting 02/01/2015. The license will be a Type IV rental license. 04/02/2015 2 'insp ^ectioli was conducted and passed. 04/03/2015 A notice was sent informing the property owner that the property qualifies for a Type IV rental license and the submission of a Mitigation Plan is required. The rental license period is from 02/01/2015 to 07/31/2015. 8!Page 04/08/2015 A $300 citation was issued for operating $300 without a rental license. Rental license expired on 1/31/15. 04/13/2015 Two Mitigation Plans were approved by City Council and the rental license was issued. The license effective 08/01/2014 to 01/31/2015 and 02/01/2015 to 07/31/2015 were both approved. 05/08/2015 The rental license renewal application was submitted. 06/17/2015 1" rental license inspection was conducted and passed. No property code violations were found. 07/20/2015 A $250 citation was issued for failure to $250 meet mitigation plan requirements specifically missing 1 ARM meeting.__________ 08/03/2015 A notice was sent informing the property owner that the property qualifies for a Type IV rental license and the submission of a Mitigation Plan is required. The rental license period is from 08/01/2015 to 01/31/2016. 08/18/2015 A Mitigation Plan was submitted. 09/14/2015 The Mitigation Plan was approved by City Council and the rental license was issued. The license is effective from 08/01/2015 to 01/31/2016. 9jPage Property Number 2 Address: 5937 Abbott Ave N I Owner: Mark Crost I Appellant's Statement: Josh Carscadden, the owner's representative, stated that the information regarding the citations were just received and the owner is seeking legal advice. Findings: During a rental license inspection, the roof shingles were significantly deteriorated and in violation of City ordinances. The owner stated that he was going to file a claim with the shingle manufacturer for defective shingles. The compliance notice requested repairs and to obtain a building permit to perform the work. Several compliance notices were sent to the owner of record and the local agent and compliance was not achieved. Because the property was not in compliance with City ordinances, the property did not qualify for a rental license. Therefore, they received administrative citations since they were operating without a valid rental license for approximately nine months. During telephone conversations and emails with the owner, staff advised the owner of the administrative citations and of the administrative penalty program procedures. After the building permit was obtained on April 27, 2015, and the reinspection fee paid, the rental license was issued on May 12, 2015 on condition of making proper repairs. However, please note that the building permit will expire by November 1, 2015 at which time the roof shingles must be corrected. Also, further investigation revealed that the manufacturer claim was paid in July 2015. If the property is not brought into compliance by November 1, 2015, additional enforcement actions will be taken. Recommendation: Legal notification requirements were followed and administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $14,225. Violation Type Dates Action Fees Operating a rental 07/07/2014 Rental license renewal application was dwelling without submitted a license 08/18/2014 1" inspection conducted and failed. 08/31/2014 Type III rental license expired. 09/04/2014 Property was posted as an unlicensed rental property. 9/29/2014 2nd inspection was conducted and failed. All of the violations were corrected except the shingles. Owner stated he was working on obtaining the warranty information. 10/9/2014 A $300 administrative citation was issued $300 for operating a rental dwelling without a license 10 1 P age 10/16/2014 3rd inspection was conducted and the $100 shingles were not replaced. A $100 reinspection fee charged. 10/17/2014 Owner left a voicemail indicating a claim number from the shingle manufacturer and stated that he will obtain a building permit once the claim has been approved. 11/26/2014 In consideration of the claim request, a compliance notice was sent to obtain a building permit for the replacement of the roof shingles._________ 12/15/2014 In consideration of the claim request, a $600 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $600 administrative citation was issued for operating a rental dwelling without a license. 1/5/2015 In consideration of the claim request, a $1,200 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $1,200 administrative citation was sent for operating a rental dwelling without a license 01/26/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 02/04/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 02/12/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 11 jPage 02/23/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 03/02/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 03/03/2015 Staff sent an email to the owner informing him that the roof has not been repaired, a $100 reinspection fee is owed, and several citations have been issued for operating a rental dwelling without a license. 03/17/2015 In consideration of the claim request, a $2,000 compliance notice was sent to obtain a building permit for the replacement of the roof shingles. A $2,000 administrative citation was sent for operating a rental dwelling without a license 04/03/2015 Staff received an email from the owner stating that the owner is still in the claim process and will submit the required documentation once the weather permits. 04/16/2015 Staff sent an email to the owner and local agent regarding the status of the rental license, reinspection fees, and citations. The email stated that a building permit or documentation from the manufacture indicating that there is a valid claim must be submitted otherwise a formal complaint may be issued. Staff requested a response by 04/27/2015 otherwise an additional citation will be issued. 04/27/2015 Emailed received from local agent stating that a building permit has been obtained. Staff confirmed that a building permit for re-roofing was obtained. An email from the owner was received 12 1 P a g e stating that he has contacted the roofing company who installed the roof. The email also included a copy of the notice from the shingle manufacturer indicating a claim number and the requirements for submitting a claim. The email also stated that the claim was denied and additional items are required to be submitted for to submit a claim. The owner stated that a sample cannot be obtained due to the weather and snow. The owner stated he has directed the local agent to take no further action until the weather permits. 04/30/2015 Staff sent an email to the owner and local agent explaining that the shingle manufacturer stated they denied the claim until more information was provided. Further the citations that are issued would be imposed. 05/08/2015 $100 reinspection fee was paid. 05/12/20 15 A Type III rental license was issued. The rental license period is from 9/1/2014 to 8/31/2015. 06/11/2015 A renewal application was submitted. 07/02/2015 1st inspection was conducted and failed with 3 property code violations. 08/03/2015 2' inspection was conducted and passed. 08/24/2015 Type III rental license was approved. License period is effective from 09/01/2015 to 08/31/2016. 08/25/2015 Notice to submit an Action Plan was sent. 09/21/2015 Reminder notice to submit an Action Plan was sent. 08/31/2014 Type III rental license expired.Failure to meet Action Plan requirements 05/20/2015 A $125 administrative citation was issued for $125 failure to meet the Action Plan requirements specifically failure to complete the security assessment initial and follow up inspection. 09/21/2015 The roof shingles are still in violation and there has been no inspections completed for issued permit. The permit will expire on 10/27/2015 if there has not been any work or inspections completed. 09/24/2015 Staff contacted CertainTeed shingle manufacturer and was informed that the claim 13 IP age 00640106 for $584.46 had been paid in July of 2015 to the owner. 141 Page 15 1 Page Property Number 3 Address: 7124 Indiana Ave I Owner: Weyu Bekuto I Appellant's Statement: The owner states his rental license expired 09/30/2014 but the new license issued was dated back to 10/01/2014. Findings: The property qualifies for Type IV rental license. The license expired on 09/30/2014 and a new rental license was not obtained until 02/24/20 15. At the time when the citation was issued, the rental license was expired and therefore not valid. Therefore, a citation was issued for renting without a license. Because the property was in violation of City ordinances for approximately four months, they did not qualify for a rental license and received administrative citations. However, the license period remains from 10/01/2014 to 03/31/2015. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. This special assessment is for the amount of $300. Violation Type Dates Action Fees Operating rental 08/29/2014 Rental license renewal application was dwelling without submitted. a rental license 09/12/2014 1" inspection was conducted and failed. 09/25/20 14 2nd inspection was conducted and passed. 10/08/2014 A notice was sent informing the property owner that the property qualifies for a Type IV rental license and the submission of a Mitigation Plan is required. The rental license period is from 10/01/2014 to 03/31/2015. 10/13/2015 Staff spoke with the owner and explained why the property qualified for a repeat Type IV rental license. 10/22/2014 Staff met with the owner to discuss the Type IV rental license type and the mitigation plan requirements. 01/15/2015 Reminder notice to submit a Mitigation Plan was sent. 01/30/2015 Mitigation Plan was submitted. 02/13/2015 A $300 citation for operating without a rental $300 license was issued. 02/23/2015 The Mitigation Plan was approved by City Council and the rental license was issued. The license period is 10/01/2014 to 03/31/2015. 09/21/2015 The property has been issued a Type I rental license and expires on 03/31/2018. 16 1 P age Property Number 4 I Address: 5914 Fremont Ave N I Owner: Queena Sloan I Appellant's Statement: Owner stated she cancelled the rental license, however she was still issued citations for not complying with the rental license program requirements. Findings: The property was issued a Type III rental license on 03/24/2014. Several notices were sent to the owner of record and the property management company to submit an Action Plan. After several notices, an Action Plan was not submitted and citations were issued. After several notices and citations, the property owner contacted staff to discuss the situation on February 24, 2015. Staff explained why the citations were issued and that they are owed since there was not an appeal by the owner. The owner stated that the property is used as a group home and is now vacant. Staff explained that a rental license would be required if family members occupied the property and the property would need to be registered as a vacant building if it is vacant for more than 30 days. The owner then stated that she wanted to cancel the rental license and will be moving into the property. The rental license was cancelled February 24, 2015. Utility billing records indicate consistent water usage through this period. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $5,500. Violation Type Dates Action Fees Failure to submit 03/24/2014 A Type III rental license was issued. The an Action Plan license type required an Action Plan. A notice was sent to the owner and local agent to submit an Action Plan. 04/01/2014 Staff sent an email requesting that an Action Plan be submitted as required by the Type III license type. 6/4/2014 A reminder notice was sent to the owner and local agent to submit the Action Plan. 7/29/2014 A $500 administrative citation was issued $500 for failure to submit an Action Plan. 11/20/2014 A $1,000 administrative citation was issued $1,000 for failure to submit an Action Plan. 1/6/2015 A $2,000 administrative citation was issued $2,000 for failure to submit an Action Plan. 1/21/2015 A $2,000 administrative citation was issued $2,000 for failure to submit an Action Plan. 2/25/2015 Staff met with the owner to discuss the rental license requirements. During the meeting the owner stated that she no longer wanted to rent the property and occupy the property. The rental license was cancelled. l7iPage CITY OFBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenfer.org Building and Community Standards (763) 569-3330 - Direct February 25, 2015 Q ucena Sloan 7252 72nd Lane North Brooklyn Park, MN 55428 Rent Control Management, LLC 7600 Bass Lake Road, Suite New Hope, MN 55428 RE: 5914 Fremont Ave N, Brooklyn Center, MN 55430 Dear Ms. Queena Sloan: During our meeting on February 24, 2015 we discussed the Type 111-1 year rental license requirements for the above property, the current and future status of the property, and the citations that have been issued. Those present were Kelsey Montgomery, Administrative Assistant; Xiong Than, Housing and Community Standards Supervisor; and you. It was explained that your rental license is currently active with an expiration date of March 31, 2015. The City sent several notices to you and Rent Control Management to submit an Action Plan. Since an Action Plan was not submitted several Administrative Citations have been issued. You stated that the notices were not received by either party and have no knowledge of the Action Plan requirement. You stated that the address at 2632 79th Ave N, Brooklyn Park, MN 55444 was no longer a valid address for you and had changed it a long time ago. It was again stated that the notices were sent to all the addresses that you verified to be correct on your rental license renewal application and on your homestead application. You stated that the property is currently used as a group home; however, there are no clients currently so it is vacant. You stated that you have opted not to renew the rental license and sent a notice in December 2014 informing the City Clerk of your intent. You stated you were waiting for your family to come and live in the property. I informed you that having family members living at the property will require a rental license and having the property vacant will require a vacant building registration. I then explained the vacant building program and the requirements to obtain a re-occupancy certificate. I then informed you that homesteading the property and moving back to the property would not require a rental license or a vacant building registration. You stated you were going to move hack in the property and requested a homestead application. I explained that you could only homestead one property and even if you homestead it you will. need to still occupy it. You stated you understood and will he living at the property. City Hall Community Center Police & Fire Deprtmontu 601 $lngio Crek Parkway Brooklyn Cen4e;, IAN 55420 63Q1 Shk,lo Creek Parkway Brooklyn Center, MN 55430 6645 Humboldt Avem North Bwoki1 Center, MN 5430 763693300 Fax 76356.3494 763.5693.400 Fax7 7635693434 763.5693333 Fax: 763.561.0711 181P age CITY OrfBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cifyofhr0okIynceflter.Org Sloan February 25, 2015 Page 2 Lastly, the citations that were issued for not submitting an Action Plan were discussed. It was explained that a total of $5,875.00 was issued in Administrative Citations for not submitting the Action Plan, and that some of citations have already been specially assessed. You stated that you wanted to do a payment plan for the amount owed. I explained that the City does not do a payment plan and you can pay any amount you wanted to until approximately September 1, 2015. Any remaining balance will be specially assessed to the property taxes through the special assessment process. The current total amount owed and payable to the City is $5,500.00. Because the City does not enter into a formal payment agreement, you can pay any amount at any time and it will be taken off the total balance until it is fully paid or special assessed to the property. If you have any questions or concerns, please do not hesitate to contact mc at 763-569-3433 or at xthao1dci .brooklvn-centcr.mn.us. Regards,tg Tao ing and Community Standards Supervisor Cc; 1riangueen4uvahoo.com Adiva2be@'nail .com City lieu Community Center police & Fire Departments 6381 Singte Creek Parkway 6301 Shkte Creek Parkway 6645 H'JnbQktI Avenue North t)cetdyA Corier, MN 55430 rooktyn Center, MN 55430 Brooklyn Center, MN 55430 753,5593300 -Fax 763569.W-11' 7635593463. kv. 7535593434 76569.333 . Fax: 763,501.0717 191P age Property Number 5 Address: 171173 d Ave N Owner: Krystopher Williams Appellant's Statement: The owner stated from January 2015 to present six different home renovations have been completed. Over that time period the owner received eight citations and has only received two citations in the mail. The owner stated six citations were not received. The owner further stated under City ordinance 19-103.14.d construction materials used for home renovations are not subjected to the ordinance 19-103.11. The owner provided photos and copies of the citations as evidence. Findings: Numerous violations of City ordinances were cited at the property including accumulation of junk, furniture, brush, debris, peeling paint, and inoperable vehicle. These items are not building materials related to a current project. Further, City records indicate no construction permits have been obtained since June 1998. Due to continued noncompliance, administrative citations were issued. Additional review will be required regarding the accessory structure and building and zoning code requirements. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property remains in violation of certain City Ordinances. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $8,000.00. Violation Type Dates Action Fees Accumulation of 01/29/2015 A complaint was received junk!furniture/brushldebris regarding the above property. The complaint stated that the property had accumulation of junk/furniture/brush/debris, unlicensed/inoperable vehicles, an accessory building, and peeling paint on the exterior walls. 01/29/2015 An inspection of the property found that there was accumulation of junlk/furniture/brushldebris. A first compliance notice was sent. 02/10/2015 A follow up inspection was conducted and the junk/furniture/brush/debris ____________remained in violation. A second 20 1 P a g e compliance notice was sent. 02/23/2015 A follow up inspection was $125 conducted and the junk/furniture/brush/debris were still on the property. A $125 administrative citation was issued. 03/12/2015 A follow up inspection was $250 conducted and the junk/furniture/brush/debris were still on the property. A $250 administrative citation was issued. 03/25/2015 Staff spoke with Corey Crawford, a resident of the property, and he was informed of the existing violations. Corey stated he would remove the items in violation in two weeks. 04/09/2015 A follow up inspection was $500 conducted and the junk/furniture/brush/debris were had not been removed and remained in violation. A $500 administrative citation was issued. 04/20/2015 A follow up inspection was $1,000 conducted and the junk/furniture/brush/debris were still on the property. A $1,000 administrative citation was issued. 05/04/2015 A follow up inspection was conducted and found some progress was made to remove the junk/furniture/appliance. Staff left a door tag on the front door noting the remaining violations. 05/12/2015 A follow up inspection was $2,000 conducted and the junk/furniture/brush/debris were still on the property. A $2,000 administrative citation was issued. 06/04/2015 A follow up inspection was $2,000 conducted and the I 21P age junk/flirniturelbrushldebris were still on the property. A $2,000 administrative citation was issued. 06/25/2015 A follow up inspection was $2,000 conducted and the junklfurniture/brushldebris were still on the property. A $2,000 administrative citation was issued. 09/09/2015 Staff spoke with the owner and the owner asked to dismiss some of the citations. Staff informed the owner of the administrative penalty program appeal process. 09/11/2015 Staff spoke with the owner and copies of the compliance notice and citations were provided to him. 09/114/2015 Staff spoke with the owner at the property and pointed out the items in violation of City ordinance. 09/21/2015 Another inspection was $2,000 completed and found remained in violation. A compliance notice was sent and an administrative citation for $2,000 was issued. (Fees for 2016 certification) 01/29/2015 An inspection was conductedUnlicensed/inoperable vehicles found a vehicle license plate 909-CRG with expired tabs and a trailer with a flat tire. A first compliance notice was sent. 02/10/2015 A follow up inspection was conducted vehicle still had expired tabs and the trailer still had a flat tire. A second compliance notice was sent. 02/23/2015 A follow up inspection was $125 conducted and the vehicle still had expired tabs and the trailer still had a flat tire. A $125 administrative citation was issued. 22 1 P a g e 03/12/2015 A follow up inspection was conducted and all the violations were corrected. The case is closed. Foundation/exterior 01/29/2015 Inspection was conducted and walls/roof found the siding with peeling paint. A first compliance notice was sent. 03/02/2015 A follow up inspection was completed and the siding was painted. The case is closed. 09/21/2015 An inspection was completed and found the property to be in violation. A first compliance notice was sent. 23 1 Page •.'\ •''1T ,-.I 2' • k 4 - -z / 24 1 P ag e 25Page r1 26Page r fl! '4 - LA 27 1 P a g e 28 1 Page 29Page 30 P age 31Page Property Number 6 Address: 4212 66 th Ave Owner: Saeng Ger & Mai lb Yana Appellant's Statement: The owner stated they recently purchased the property and a title search was completed. They were not aware that there was a $400 fee that is owed to the City. Findings: The vacant building fee was removed prior to the City Council meeting. The vacant building registration was paid and the property was registered on 07/28/2014. Recommendation: No further action required, payment resolved. Violation Type Dates Action Fees Vacant building 09/26/2013 Staff was notified that the water was turned off at the street. 10/01/2013 The property was posted as a vacant building and required to be registered if it is vacant for 30 days or more. A compliance notice was sent and posted on the door. 11/08/2013 Staff spoke with the attorney handling the estate and informed the attorney of the vacant building process and fees that are owed. 11/21/2013 An extension was granted to register the property as a vacant property because the estate holder did not live in Minnesota and an attorney was managing the legal estate 01/30/2014 Final notice to register the property as a vacant building was sent and posted on the 05/22/2014 An inspection was conducted and the property was still vacant. Staff called and left a voicemail to follow up on status of the estate. 06/25/2014 An inspection was conducted and the property _was _still _vacant. 7/21/2014 The property was administratively $400 7/22/2014 A follow up inspection was conducted that the property was still vacant. Staff spoke with the attorney and communicated information about the vacant building process and process to turn the water back on. 32 1 P a g e 07/28/2014 The property was registered and inspected.[$595 11/20/2014 Public works turned the water back on to the property. 12/16/2014 An inspection was completed and all of the property code violations were corrected. 33 1 P age Property Number 7 Address: 3201 Mumford Rd I Owner: Augustine Obinwa Appellant's Statement: The owner stated that they did not receive the bill after the administrative hearing so they did not know how much was owed. Findings: The owner was sent several compliance notices regarding the property code violation. After two compliance notices, the violation was not corrected. Therefore, an administrative citation was issued. The owner appealed the citation. The owners were given a copy of the Hearing Officer's decision and the fee was not paid. After the City Council meeting on September 14, 2015 another copy of the hearing results were given to the owner on September 17, 2015. The hearing results were explained to the owner and they were informed of the outstanding citation amount. Recommendation: While the owners appealed the citation, they did not pay the amount imposed. The special assessment is for the amount of $55. Violation Type Dates Action Fees Accumulation of 03/26/2015 A proactive inspection was conducted and rubbish/brush/debris found the property in violation. A first compliance notice was sent to remove the scrap wood along the fence. 04/13/2015 A follow up inspection was conducted and found that the scrap wood along the fence had not been corrected. A compliance notice was sent. 04/27/2015 A follow up was completed and the violation was not corrected. Staff hung a door tag with a description of the violation on the door. 05/05/2015 A follow up inspection was conducted and $125 the violation was not corrected. A $125 administrative citation was issued. 05/14/2015 Staff returned a phone call from the owner and left a voicemail explaining the violation that needs correction. 06/18/2015 An Administrative Hearing was conducted $55 and the Hearing Officer imposed $75 and stayed $50 for one year condition of no same or similar violation. The $20 deposit paid for the administrative hearing was applied towards the $75 imposed. Therefore the total amount owed for the citation is $55. 09/17/2015 Staff hand delivered a copy of the hearing results to the owner. 341P age tf £1l 8IOO.kiJ'fl (JC!Jter wwr.ci ofbrook enzeH3rg' CU] m'k ( Celt Mn r1JL.I pi 21c, 1 FII- 7' cm r ' un 711 r 7 STATE OF MINNESOTA CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN ADMINISTRATIVE PENALTY PROGRAM Cit y of Brooklyn Center, a Municipal Corporaion, V HEARING OFFICER'S DECISION L Respondent Property Address: _- - CHARGES ORDINANCE NO: 1 1 1k I 4 , * The undesigiied hearing officer reeved testimorly regarding this matter liewing held on 1k ±L at Brooklyn Center City Hall, 6301 Shingle Creek Pkwy, Brooklyn Center, MN Based on this tehmc'ny and all of the evidenco presented, the hearing officer determines the following: 35jP age FIRST CHARGE; -Xvi OtjrrerJ VioIIrj Qccurrd &FINE RESULtS SUMMARY Fh e Amount ,I i Fulr!Partial gn,,ritilit psd: StayInmcarrii: 1 Conditions ii Amouili stayed V ' y irrpouri Iad ii no ir c4 iinil1f i hr)1j ccxu wllhft [I Anxiiint slayod if iiTii II or part UI SECOND CHARGE: VoLn Chcjrr NQ VCILiDFI Ccurred FINE RESULTS SUMM/RY Fine Amount I FLIPIid iT1PAnI ifl[O$O C] StyIiçj 81110MIL. Concitin Li P,fflOIIl ec jf 'ohiLi:n is corrIod by I l fl Amount sted if no mrio of rair liIc'rs oocurv,ithin________ Cl Anmolint&loyod II Dirmiss ull or prt Anc..rd [JimrcI Th1r1 Chitge: VioIotoji Occuried _No Vokton Occurred FINE RESULTS SUMMARY Fine Ar: U FuII1PrtIaI amaunt Irnod: J Staying amoutiv LI Air.curi! slayed If ..LriItiori is i1rJ hy I I 0 Ani:ir,i stayed if no same or sirn I-Br violations occtv w'llik ouni riuijttI J DismisE &I or part, ArnonI DisiiicI Fourth Charge: Vtlon )-urreJ _No Violation Occurred FINE RESULTS SUM MA RY Fine Amount IJ FtilhPjrtj;tI nrnot'riu iTrIpQocF S1yin rnuunt: ___________ CondiLIorta Li Amount slayed if violation is correcled try Jj__. 0 Awioin1 stayed If n -on'.e or rniIar IiOi 0i1r within fl ArnouI slayed [ITI bI1Io1I0rprI: rnrjuCqlIood T ) rqut ffl S1I \ Twal Amount Due an or b1or ( CS U fl fU U x t ANAl' ON J jL '• :•; - ' • \'• - ' 1 - Ll i-L-Li I ( ( Il\) I fid -1 L 371P age Property Number 8 Address: 6223 Brooklyn Dr I Owner: Josiah Rasugu I Appellant's Statement: Owner stated that he allowed a friend to temporary move in with him and the friend left his vehicle. The owner also stated that he was not aware that other family members were parking on the grass since he is not home very often. Findings: Numerous violations of City ordinances existed at the property. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. The owner was sent several compliance notices regarding the property code violations including inoperable vehicles and parking on an unapproved surface. Due to continued noncompliance, administrative citations were issued. City ordinance violations are not permitted in any area of a property. The property remains in violation of certain City ordinances, and is subject to additional enforcement actions. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $4,250. Violation Type Dates Action Fees Unlicensed/inoperable 10/13/2014 An inspection was conducted and found vehicles a gray sedan and gray van with expired tabs. A first compliance notice was sent. 10/27/2014 A follow up inspection was conducted and found the gray sedan and gray van still in violation. A second compliance notice was sent. 11/19/2014 A follow up inspection was conducted $125 and found the vehicles in violation. A $125 administrative citation was issued. 12/15/2014 A follow up was conducted and the violation was not corrected. Staff hung a door tag with a description of the violation on the door. 12/29/2014 A follow up inspection was conducted $250 and found the vehicles in violation. A $250 administrative citation was issued. 01/15/2015 A follow up inspection was conducted $500 and found the vehicles in violation. A $500 administrative citation was issued. 01/28/2015 A follow up inspection was conducted $1,000 and found the vehicle in violation. A $1,000 administrative citation was issued. 02/10/2015 A follow up inspection was conducted 38JP age and gray vehicle was removed. During the inspection additional vehicles were found to be in violation and a follow up was scheduled. 02/18/2015 A follow up inspection was conducted $2,000 and found that the additional vehicles were still in violation. A $2,000 administrative citation was issued. 03/18/2015 A follow up inspection was conducted and there were no violations. The case was closed. 9/21/2015 An inspection was completed and found $2,000 the gray sedan 380-JRE with expired tabs. A compliance notice was sent and a $2,000 citation was issued. (Fees for 2016 certification) 10/13/2014 An inspection was conducted and foundIllegal parking/storage of a black jeep parked on grass, an vehicles unapproved surface. A first compliance notice was sent. 10/27/2014 A follow up inspection was conducted and found the black jeep still in violation. A second compliance notice was sent. 01/28/2015 A follow up inspection was conducted $125 and found the black jeep remained in violation. A $125 administrative citation was issued. 02/10/2015 A follow up inspection was conducted and found that the black jeep was no longer in violation. During the inspection, additional vehicles were in violation for not parking on an approved surface. 02/18/2015 A follow up inspection was conducted $250 and a found that the additional vehicles were still in violation. A $250 administrative citation was issued. 03/18/2015 A follow up inspection was conducted and there were no violations. The case is closed. 09/21/2015 An inspection was conducted and found $500 a white Dodge mini-van license plate 530-IUP parking on the grass. A compliance notice was sent and a $500 citation was issued. 39P age 40 IPage 'C. ' - P age b •: O52Oi15 5:32 42 1 P age 1.-22O 4:5 E•r rr!1T2c 43 1 P a g e ' ©2iiL2C 12O1I 44 1 P a g e 45 I P age I 46 1 Page Property Number 9 [Address: 5109 691h Ave N I Owner: Jonah Warner I Appellant's Statement: Owner stated that he had a difficult time getting the owner of the vehicle to move the vehicle. The owner stated they are willing to pay but due to financial difficulty they are not able to pay the citation in full and would like the City to consider delaying the payment. Findings: A violation of City ordinances existed at the property including storing a commercial vehicle on residential property. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. Staff worked with the owner to have the vehicle removed, and after an extension the property was still in violation. City ordinance violations are not permitted in any area of a property. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $125. If specially assessed, the payment will be applied with the property taxes in 2016. This was explained to the owner. Violation Type Dates Action Fees Commercial vehicle 02/03/2015 An inspection was conducted and a parking commercial vehicle over 9 ft. high was parked in the driveway. A first compliance notice was sent. 02/18/2015 A follow up inspection was conducted and found the commercial vehicle still in the driveway. A second compliance notice was sent. 03/04/2015 Staff spoke with the owner and gave an extension till 03/09/15. 03/11/2015 Staff spoke with the owner and the owner stated he cannot get the truck removed. Staff was informed that towing companies will not take the vehicle because of the trash in the back of the truck.____________ 03/23/20 15 A follow up inspection was conducted and $125 found the commercial vehicle remained in violation. A $125 administrative citation was issued. 03/26/2015 Staff spoke with the owner and the owner informed staff that the vehicle belongs to son's friend. The friend is not returning phone calls. Staff reviewed options of having the vehicle towed. 47P age 04/13/2015 A follow up inspection was conducted and the violation was corrected. The case is closed. 48 1 P a g e Property Number 10 I Address: 3713 Woodbine Ln I Owner: Joshua Seldal I Appellant's Statement: The owner submitted a written appeal stating that he purchased the house on September 3, 2015 and was not aware of the citations and fees owed on the property. He stated he will be following up with his realtor and the title company. Findings: Complaints were received about accumulation of junk and debris and long/grass weeds. The property was found in violation of City ordinances on separate occasions, resulting in an administrative citation. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property owner should contact the title company regarding any agreements to pay pending and/or applied special assessments as part of the purchase. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $125. The fee for the long grass/weeds abatement is not part of this year's special assessment and cannot be appealed at this time. Violation Type Dates Action Fees Accumulation of 05/04/2015 A complaint was received about junk/furniture/appliances accumulation of junk, furniture, appliances and other debris outside the property. 05/04/2015 An inspection of the property found that there was junk, equipment, furniture and scrap metal on the exterior of the property. A first compliance notice was sent. 05/19/2015 A follow up inspection was conducted and found the junk, equipment, furniture and scrap metal remained on the exterior of the property. 06/08/2015 An inspection was conducted and found a minor on the property. Staff gave the minor a card and asked that his parents call the City. 06/18/2015 An inspection was conducted and $125 found the junk, equipment, furniture and scrap metal still on the exterior of the property. An administrative citation of $125 was 49jPage issued. 06/29/2015 A follow up inspection was conducted and found that majority of the items were removed and only a small amount remained. 07/22/2015 A follow up inspection was conducted and found that the items remain. The City contractor abated the junk, furniture, and appliances. The case was closed. 07/21/2015 A notice to register as a vacantVacant Property property was sent to the owner of record and posted on the property. The property was referred to the contractor to abate the junk, furniture, appliances on the exterior of the property. 07/22/2015 The City contractor abated the junk,$275 furniture, appliances and other debris. (Fees for 2016 certification) 07/29/2015 The notice to register as a vacant property was returned. 08/28/2015 A final notice to register the property was mailed and posted at the property. 09/14/2015 Staff spoke with the owner and advised the owner that the vacant building fee would not be imposed if he occupied the property within 30 days of purchase. 07/10/2015 A complaint was received stating theTall grass and weeds property has tall grass and weeds. 07/13/2015 An inspection was completed and found the property to be in violation. A first compliance notice was sent. 07/23/2015 A follow up inspection was completed and the tall grass and weeds were not mowed. A referral to the grass contractor was made. 07/27/2015 An inspection of the property was $330 completed and the tall grass and weeds were mowed by the contractor. (Fees for 2016 certification) 50 P age 511 Page 52 1 P a g e Property Number 11 Address: 5240 Ewing Ave N Owner: 11oiiy and Andrew LaPierre Appellant's Statement: The owner submitted a written appeal stating that they purchased the property in November 2014 and the violations occurred in September 2014 for a brush pile, prior to the purchase. Findings: The property was in violation of City ordinance for accumulation of rubbish, brush, and debris. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. After several compliance notices and inspections, the violation was not corrected. Additional attempts were made to notify the owner of the violations and the violations were not corrected. Therefore, administrative citations were issued. Recommendation: Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $375.00. Since the owners purchased the property after the citations were issued, the owners may want to check with the realtor and/or title company to ensure that a special assessment search was completed. Violation Type Dates Action Fees Accumulation of 09/12/2014 A complaint was received about junk rubbish/brush/debris and litter in the yard. 09/24/2014 A follow up inspection was conducted and found the property in violation. A first compliance notice was sent. 09/29/2014 Occupant notice was returned and stamped vacant. 09/30/2014 Staff spoke with the owner and stated that the brush pile was not on his property. Staff looked at various maps which indicate that the brush pile is on his property. The owner asked if the City could remove the brush pile, staff informed him that the City will not abate it and he will have to remove the brush pile._________ 10/13/2014 A follow up inspection was conducted $125 and found that the brush pile has not been removed. A $125 administrative citation was issued. 10/21/2014 Occupant copy of the citation was returned 10/27/2014 A follow up inspection was conducted $250 and found that the brush pile has not I 53 1 P a g e been removed. A $250 administrative citation was issued. 11/07/2014 A follow up inspection was conducted and found the brush pile removed. The Case is closed. 1 54 1 Page • _c 113 6,27 20114 55 1 P a g e SPECIAL ASSESSMENT for Administrative Citations/Fines Public Hearing Continued CONTINUED FROM SEPTEMBER 14, 2015 Brooklyn Center City Council Meeting September 28, 2015 Presented by: Vickie Schleuning, Assistant City Manager/ Director of Building and Community Standards Report assistance: Jesse Anderson, Deputy Director BCS & Xiong Thao, Housing & Community Standards Sup. Special Assessment Summary MN State Law allows cities to recover costs associated with  certain types of services and activities. Special assessment process allows these costs, if unpaid, to be applied to the property taxes. This helps minimize costs of these services to the general public. Pending special assessment payments due September 14,  2015. After that date assessment fees and interest will apply according to payment schedule. Fees help cover costs associated with appeals and certification processing, similar to other programs with appeal options. This helps minimize costs to the general public. For change of ownership, pending special assessments are  available to public, including Title Companies. Buyer is responsible for negotiating any outstanding fees with previous owner. 2 Special Assessment Summary cont… Public Nuisance Process For certain public nuisances, City conducts abatements where owners do not comply or upon agreement. City incurs costs associated with these abatements. Considered health/life safety and/or public nuisances. 3 Special Assessment Summary cont… Administrative Citation Process Citations must be paid or appealed within 10 days or considered waiver of rights to a hearing and admission of violation. Appeals may be appealed through an administrative hearing as prescribed by City Ordinance Chapter 18. Subsequent appeals regarding citations processed through the Hennepin County Court System. City Council may hear administrative hearing appeals related to licenses and permits. Information provided on citation and brochure included to customer. Information also available on website. 4 Special Assessment Appeals A special assessment appeals process is  prescribed by Minnesota State Law. On September 14, 2015, 11 property owners  appealed their special assessment at the Public Hearing. Public Hearing continued until September 28,  2015 for these properties. Per Council request, a report prepared  containing information relating to each property assessment. 5 General Considerations of Appeal Reports & Recommendations Each case reviewed Balance of objectivity regarding impact to individuals, neighbors, general public Any benefit of doubt given to appellant Uphold ordinance requirements and/or Hearing Officer ruling Were standards and processes able to be met Final disposition of case-is the case resolved Inherent risk and responsibility of ownership and business decisions 6 Specific Considerations Resolution attached with recommendations No changes recommended based on findings in reports Brief summary of each case provided with recommendations based on findings 7 3901 Burquest Lane Appeal Statement Appellant stated not enough individuals living at the property to generate  income and the business cannot afford to pay the citations. Findings Property issued several Type IV Rental Licenses. Rental license  applications submitted after the rental license expired or otherwise in untimely. This did not allow sufficient time to complete the rental license process. City ordinance requires rental license applications to be submitted 90 days before license expiration. (City Ord. 12-901) Further, after the owner notified of license type and requirement to submit a  Mitigation Plan, owner did not submit a Mitigation Plan by the compliance date resulting in further delay in obtaining a rental license. Citations were issued for operating without a rental license and failure to meet mitigation plan requirements. Refer to report for related activities  Recommendation Legal notification requirements were followed and administrative citations  were not appealed as prescribed by City Ordinances. The special assessment is for the amount of $7,025. 8 5937 Abbott Ave N Appeal Statement Josh Carscadden, the owner’s representative, stated that the information regarding the citations were just received and owner is seeking legal advice. Findings: During rental license inspection, the roof shingles were significantly deteriorated and in violation of City ordinances. Owner stated he was going to file a claim with the shingle manufacturer for defective shingles. The compliance notice requested repairs and to obtain a building permit to perform the work. Several compliance notices sent to owner of record and local agent and compliance was not achieved. Because the property was not in compliance with City ordinances, the property did not qualify for a rental license. Therefore, they received administrative citations since they were operating without a valid rental license for approximately nine months. 9 5937 Abbott Ave N continued… During telephone conversations and emails with owner, staff advised the  owner of the administrative citations and of the administrative penalty program procedures. After building permit was obtained on April 27, 2015, and the reinspection fee  paid, the rental license was issued on May 12, 2015 on condition of making proper repairs. The building permit will expire by November 1, 2015 at which time the roof  shingles must be corrected. Further investigation revealed that the manufacturer stated the claim was paid  in July 2015. If the property is not brought into compliance by November 1, 2015, additional  enforcement actions will be taken. Property remains in violation.  Refer to report for related activities  Recommendation Legal notification requirements followed and some administrative  citations were appealed as prescribed by City ordinances. The special assessment is for the amount of $14,225. 10 5937 Abbott Ave N 11 7124 Indiana Ave N Appeal Statement Owner states his rental license expired 9/30/2014 but the new license  issued was dated back to 10/1/2014. Findings The property qualifies for Type IV rental license. The license expired on  09/30/2014 and a new rental license was not obtained until 02/24/2015. At the time when the citation was issued, the rental license was expired and therefore not valid. Therefore, a citation was issued for renting without a license. Because the property was in violation of City ordinances for  approximately four months, they did not qualify for a rental license and received administrative citations. While the license period remains from 10/01/2014 to 03/31/2015, he was operating without a license during part of that time period. Recommendation Legal notification requirements were followed and the administrative  citations were not appealed as prescribed by City ordinances. This special assessment is for the amount of $300. 12 5914 Fremont Ave N Appeal Statement Owner stated she cancelled the rental license, however she was still issued  citations for not complying with the rental license program requirements. Findings The property was issued a Type III rental license on 03/24/2014. Several notices  sent to the owner of record and the property management company to submit an Action Plan. After several notices, an Action Plan was not submitted and citations issued. After several notices and citations, the property owner contacted staff to discuss the  situation on February 24, 2015. Staff explained why the citations were issued and that they are owed since there was not an appeal by the owner. The owner stated that the property is used as a group home and is now vacant. Staff explained that a rental license would be required if family members occupied the property and the property would need to be registered as a vacant building if it is vacant for more than 30 days. The owner then stated that she wanted to cancel the rental license and will be moving into the property. The rental license was cancelled February 24, 2015. Utility billing records indicate consistent water usage through this period. Recommendation Legal notification requirements were followed and the administrative citations were  not appealed as prescribed by City ordinances. The special assessment is for the amount of $5,500. 13 1711 73Ave N rd Appeal Statement The owner stated from January 2015 to present he has completed six different  home renovations. Over that time period he has received eight citations and he has only received two citations in the mail. He stated he did not receive the other six citations. The owner further stated under city ordinance 19-103.14.d construction materials used for home renovations are not subjected to the ordinance 19-103.11. The owner provided photos and copies of the citations as evidence. Findings Numerous violations of City ordinances were cited at the property including accumulation  of junk, furniture, brush, debris, peeling paint, and inoperable vehicle. These items are not building materials related to a current project. Further, City records indicate no construction permits have been obtained since June 1998. Due to continued noncompliance, administrative citations were issued. Evidence was gathered within legal parameters. The nuisances are visible from legally  accessible areas. City ordinance violations are not permitted in any area of a property. The property remains in violation of certain City Ordinances. Property remains in violation.  Further, additional review will be required regarding the accessory structure and building  and zoning code requirements. Refer to report for related activities  Recommendation Legal notification requirements were followed and the administrative citations were  not appealed as prescribed by City ordinances. The special assessment is for the amount of $8,000. 14 1711 73Ave N rd 15 1711 73Ave N rd 16 1711 73Ave N rd 17 1711 73Ave N rd 18 1711 73Ave N rd Violations Continue Since 09-14-2015 Public Hearing 19 1711 73Ave N rd Violations Continue Since 09-14-2015 Public Hearing 20 4212 66Ave N th Appeal Statement The owner stated they recently purchased the property and a title search was completed but was not aware that there was a $400 fee that is owed to the city. Findings The vacant building fee was removed prior to the City Council meeting. The vacant building registration was paid and the property was registered on 07/28/2014. Recommendation No further action required, payment resolved. 21 3201 Mumford Rd Appeal Statement The owner stated that they did not receive the bill after the administrative  hearing so they did not know how much was owed. Findings The owner was sent several compliance notices regarding the property  code violation. After two compliance notices, the violation was not corrected. Therefore, an administrative citation was issued. The owner appealed the citation. The owners were given a copy of the Hearing Officer’s decision and the fee was not paid. After the City Council meeting on September 14, 2015 another copy of  the hearing results were given to the owner on September 17, 2015. The hearing results were explained to the owner and they were informed of the outstanding citation amount. Recommendation While the owners appealed the citation, they did not pay the amount  imposed. The special assessment is for the amount of $55, eliminating the certification fees since records did not indicate hearing officers decision was delivered. 22 6223 Brooklyn Dr Appeal Statement Owner stated that he allowed a friend to temporary move in with him and  the friend left his vehicle. The owner also stated that he was not aware that other family members were parking on the grass since he is not home very often. Findings Numerous violations of City ordinances existed at the property. Evidence  gathered within legal parameters. The nuisances are visible from legally accessible areas. The owner was sent several compliance notices regarding the property code violations including inoperable vehicles and parking on an unapproved surface. Due to continued noncompliance, administrative citations were issued. City ordinance violations are not permitted in any area of a property.  Property continues to be in violation of ordinances, subject to additional  enforcement actions. Recommendation Legal notification requirements were followed and the administrative  citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $4,250. 23 6223 Brooklyn Dr 24 6223 Brooklyn Dr 25 6223 Brooklyn Dr 26 6223 Brooklyn Dr 27 6223 Brooklyn Dr Violation Continues Since 09-14-2015 Public Hearing 28 5109 69Ave N th Appeal Statement Owner stated that he had a difficult time getting the owner of the vehicle to move the vehicle. The owner stated they are willing to pay but due to financial difficulty they are not able to pay the citation in full and would like the city to consider delaying the payment. Findings Violation of City ordinances existed at the property including storing a commercial vehicle on residential property. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. Staff worked with the owner to have the vehicle removed, and after an extension the property was still in violation. City ordinance violations are not permitted in any area of a property. Recommendation Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $125. 29 30 3713 Woodbine Ln Appeal Statement The owner submitted a written appeal stating that he purchased the  house on September 3, 2015 and was not aware of the citations and fees owed on the property. He stated he will be following up with his realtor and the title company. Findings Complaints were received about accumulation of junk and debris and long/grass  weeds. The property found in violation of City ordinances on separate occasions, resulting in an administrative citation for junk/debris. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. The property owner should contact the title company regarding any agreements to  pay pending and/or applied special assessments as part of the purchase. Recommendation Legal notification requirements were followed and the administrative citations were  not appealed as prescribed by City ordinances. The special assessment is for the amount of $125. The fee ($330 grass abatement, $275 junk abatement) for abatements  are not part of this year’s special assessment and cannot be appealed at this time. Staff advised him of these amounts as well. 31 3713 Woodbine Ln 32 3713 Woodbine Ln 33 5240 Ewing Ave N Appeal Statement The owner submitted a written appeal stating that they purchased the property in November 2014 and the violations occurred in September 2014 for a brush pile, prior to the purchase. Findings The property was in violation of City ordinance for accumulation of rubbish, brush, and debris. Evidence was gathered within legal parameters. The nuisances are visible from legally accessible areas. City ordinance violations are not permitted in any area of a property. After several compliance notices and inspections, the violation was not corrected. Additional attempts were made to notify the owner of the violations and the violations were not corrected. Therefore, administrative citations were issued. Recommendation Legal notification requirements were followed and the administrative citations were not appealed as prescribed by City ordinances. The special assessment is for the amount of $375.00. Since the owners purchased the property after the citations were issued, the owners may want to check with the realtor and/or title company to ensure that a special assessment search was completed. 34 5240 Ewing Ave N 35 Questions? Thank you 36 City CouncH Agenda- Itc'm No. 92 COUNCIL I[TIM MEMORANDUM DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Application No. 2015-008, Submitted by Spiritual Life Ministries requesting Special Use Permit Approval of a New Dynamic Message Sign (DMS) for a Public Use in the C-i Service/Office District, located at 6865 Shingle Creek Parkway. Recommendation: It is recommended that the City Council consider approval and adoption of the Resolution regarding Planning Commission Application No. 2015-008, submitted by Spiritual Life Ministries requesting Special Use Permit approval of a new dynamic message sign (DMS) for a Public Use in the C-1 Service/Office District, located at 6865 Shingle Creek Parkway. Background: On September 17, 2015, the Planning Commission considered Planning Application No. 2015- 008, submitted by Spiritual Life Ministries under a public hearing process. This application requests approval of a new dynamic message sign (DMS) for a Public Use in the C-1 Service/Office District, The public use in this case is Spiritual Life Church. The church plans to replace the existing 72-sq. ft. freestanding monument sign located on the north- central portion of the church property with a new 72-sq. ft. sign cabinet, which includes a 4-ft. by 9-ft. (36-sf) LED changeable message display board, or dynamic message sign. Pursuant to Ch. 34 - Sign Code, any DMS for a public use must be approved as a special use permit. At the September 17th' hearing and meeting, there were no adverse comments or objections from the public regarding this request. Upon closing the hearing, the Planning Commission adopted PC Resolution No. 2015-08, which provides unanimous and favorable recommendation to the City Council to approve this special use. This resolution is attached for Council review. The Planning Report for PC Application No. 2015-008, along with excerpt minutes from the September 17, 2015 meeting, all related to this item are included for City Council review. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualiti' of life fbi all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-008, SUBMITTED BY SPIRITUAL LIFE MINISTRIES REQUESTING SPECIAL USE PERMIT APPROVAL OF A NEW DYNAMIC MESSAGE SIGN (DMS) FOR A PUBLIC USE IN THE C-i SERVICE/OFFICE DISTRICT, LOCATED AT 6865 SHINGLE CREEK PARKWAY. WHEREAS, Planning Commission Application No. 2015-008 was submitted by Spiritual Life Ministries, on behalf of Spiritual Life Church, for a Special Use Permit to install a new dynamic message sign (DMS) with a public use in the C-i Service/Office District, located at 6865 Shingle Creek Parkway, (the "Subject Property"); and WHEREAS, pursuant to City Code Section 34-140; Subpart 3.1), "A DMS owned or operated by a Public Use in all districts where Public Uses are allowed may be approved by special use permit."; and WHEREAS, on September 17, 2015, the Planning Commission held a duly noticed and called public hearing, whereby a planning report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received; and determined the special use permit complies with the general standards and guidelines contained in Section 34-140; Subpart 3 .D of the City's Sign Ordinance, and gave full consideration utilizing the guidelines and standards for evaluating this special use permit as contained in Section 35-220 of the City's Zoning Ordinance, and determined the special use permit request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and WHEREAS, the Planning Commission provided unanimous recommendation of approval to Planning Application No. 2015-008 by adopting Planning Commission Resolution No. 2015-08; and WHEREAS, on September 28, 2015, the City Council of the City of Brooklyn Center, Minnesota gave full consideration of the Special Use Permit as comprehended under Planning Application No. 2015-008 at its regular meeting; and WHEREAS, the City Council does hereby find that Planning Application No. 2015- 008, submitted by Spiritual Life Ministries, may be approved based upon the following considerations: A. The establishment, maintenance or operation of the special use will RESOLUTION NO. promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2015-008, submitted by Spiritual Life Ministries, requesting approval of Special Use Permit to install a new Dynamic Message Sign (DMS) with a Public Use in the C-i Service/Office District, and located at 6856 Shingle Creek Parkway, is hereby approved based upon the following considerations: 1.The new dynamic message sign (DMS) shall comply with and meet all regulations and standards as set forth under Chapter 34 (SIGNS) and Chapter 35 (ZONING) of the City Code of Brooklyn Center. 2.No part of this sign may be used for any off-premise advertising or off- premise uses. Emergency messages (i.e. Amber Alerts, severe storm warning, etc.), general messages or announcements for civic or community events, and any message containing time/temperature/date are permitted. 3. The special use permit is issued only to Spiritual Life Church with the ability to install and maintain a new DMS at the subject site of 6865 Shingle Creek Parkway, and is limited to Spiritual Life Church and approved supporting uses on the subject site. September 28, 2015 Date Mayor RESOLUTION NO, 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. a (,t., I ()OA'L) :v 'L JER Planning Commission Report Meeting Date: September 17, 2015 Application Filed: 08/31/15 o Review Period (60-day) Deadline: 10130115 Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2015-008 Applicant: Spiritual Life Church Location: 6865 Shingle Creek Parkway Request: Special Use Permit to allow a new dynamic message sign (DMS) with a public use INTRODUCTION Spiritual Life Ministries is requesting a Special Use Permit to allow the installation of a new dynamic message sign (DMS) with a public use. Pursuant to City Code Chapter 34-Signs, Section 34-140; Subpart 3.D, "A DMS owned or operated by a Public Use in all districts where Public Uses are allowed may be approved by special use permit." Chapter 34 also provides a definition for "Public Use" as follows: "Uses, facilities and properties owned or operated by a school district, a municipality, county, state, or other governmental units, and any religious institutions such as churches, chapels, temples, synagogues and mosques." This item is being presented for review under a public hearing. Hearing notices were mailed to all registered surrounding property owners within 350-feet of the subject property. BACKGROUND Spiritual Life Church is located at 6865 Shingle Creek parkway, and is situated in the C-i Service/Office zoning district. The church currently has an existing 6.5-ft. x 11 -ft. (72-sf) freestanding (monument style) sign located on the north/central portion of the church property, fronting along Shingle Creek Parkway. 4, 'I k LORD IS YOUR PEA.CEUI THE STORM HE IS YOUR -REFUG IN TIMES OF iR0USL IUiIJR 7PM SUN 830AM 1030AM ti ., - F - .;.A App. No. 2U1-U0 PC 09/17/15 Page 1 of I Location -•./' I Existinu J L - TT 11 The existing sign has a top section that contains an internally lit static message of "Spiritual Life Church" lettering with sword and shield logo; while the lower section is a changeable letters (manual) message board. SLC intends to replace this entire sign cabinet with a new 7-ft.-2-inch by 10-ft. cabinet (72 sq. ft. total) with a similar "Spiritual Life Church" lettering with logo, and a new 4-ft. by 9-ft. (36-sf.) LED changeable message display board (see image below). These lighted changeable message boards are referred to as dynamic message signs— or DMS under Ch. 34 - Sign Code. FTJ ive I Ui LIRUHY FlThN'I'NfiS - - - -L. -- tj - .• .T. -,- . .'.. .) 2 . . . . - .•s- 0 A Y - - '---•--. : / ! , k fi_/JI 1/ PC 09/17/15 Page 2 of6 Under City Code Chapter 34- Signs, a public use is allowed to have one freestanding sign not to exceed 36 sq. ft. and no more than 10-ft. above ground level. However, properties that have two or more street frontages are entitled to a second sign of same size; or may elect to have one single freestanding sign not to exceed 72 sq. ft. and 15 feet in height. Due to this site having more than two frontages, Spiritual Life Church elected to install the single, larger 72 sq. ft. sized sign in 1998 when the church was constructed. CITY ORDINANCE STANDARDS Chapter 34-Sign Ordinance provides new standards that relate to dynamic message signs with public uses. These DMS' must be approved under the special use permit process. According to the new ordinance, all DMS' must comply with the following standards: the DMS shall only be allowed on a freestanding sign aligned perpendicular to the adjacent roadway system. This roadway must either be a collector or arterial street as identified in the City's Comprehensive Plan. b. the area of a DMS sign is limited to an area equal to 50% of the maximum allowable size of the freestanding sign. C. the DMS message must remain stationary or static for 8 seconds or more; d.the DMS shall be located no closer than 50 feet from any residential dwelling. e.the DMS must have dimming technology that automatically adjusts its brightness in direct correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size. In addition to these specific sign related standards, and pursuant to City Code Section 35-220, Subdivision 2, the following standards must be met to satisfy issuance of a special use permit: a.The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. App. No. 2015-008 PC 09/17/15 Page 3 of e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. STAFF ANALYSIS As per the sign standards noted above, the new sign appears to meet or will be able to meet the requirements as part of any approvals. The sign is a freestanding (monument type) sign aligned perpendicular to Shingle Creek Parkway, which is classified as a 4-lane, divided collector, road. The overall size of the sign is noted at 72 sq. ft. The proposed electronic message board is identified as a 4-ft. by 9-ft. or 36 sq. ft. area message board. This proposed LED message sign would meet the 50% threshold required under this ordinance. The sign location is well over the 50-foot spacing (measured by City GIS mapping systems) from any adjacent residential dwellings situated to the west (approx. 415 feet away) and south (approx. 525 feet away) of this sign location. Any conditions of approval will ensure the 8-second message duration standard is met once the DMS becomes operational; and the City possess the ability to measure the lighting and brightness levels if necessary. The analysis of this special use will provide responses to the five standards noted in 35-220, Subdiv. 2. a.The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The new DMS for Spiritual Life Church will not only provide a personal and unique means of conveying multiple messages for the benefit of their church members, but also for the church's college, daycare, and for messages to the general public. The requirements that all messages must remain static for at least 8-seconds is meant to avoid multiple changing messages every two seconds as seen in the commercial DMS signs, and not cause too much of a distraction to the surrounding residences. The brightness standards will be measured and determined after the sign installation, and must be maintained according to the new City Sign Code standards. Based on these standards, Staff does not believe this DMS will be a detriment or danger to the public health, safety moral or comfort of the community, and may be acceptable. b.The special use will not be injurious to the use and enjoyment of other properly in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The City has the ability to ensure the Applicant/Owner will maintain and continue to meet the required standards as noted herein for this DMS in this residential area. Any deviations or violations of these standards would result in immediate code enforcement action or penalties, which could include the rescinding of the special use permit and removal of the sign itself (that is if action is ignored, problems persist or the sign App. No. UD-UU PC 09/17/15 Page 4of6 becomes a public nuisance). Staff does not have any evidence this sign would be injurious to the use and enjoyment of other properties in this neighborhood, nor do we believe the sign would substantially diminish and impair property values within the neighborhood. Staff therefore believes this DMS may be acceptable under this request. c.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding properly for uses permitted in the district. The sign will be fully contained and maintained on the Spiritual Life Church property, and is replacing an existing and obsolete changeable (manual) letter board sign. The sign location is well over the 50-foot threshold from neighboring dwellings, and should have minimal effect upon these dwellings once the sign is operational. The establishment of this sign will not impede the normal and orderly development of the surrounding properties as long as said sign is will maintained and meets the current sign ordinance requirements. This will be ensured during the duration of its operation. Staff believes this DMS use may be acceptable under this particular standard. d.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. This standard is not applicable or needs to be addressed under this specific DMS request. All parking is located on the church's property, and does not impact or affect this sign placement, and therefore does not relate to this specific DMS request. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The special use permit allowing this new DMS, and all other requirements needed to approve said sign, such as the sign permit, will ensure the conformance to all regulations applicable to these types of signs in these districts. City staff will ensure the sign meets all building related requirements (such as footings, wind/snow loads, electrical hook-ups, etc.) and will regulate brightness and message changing standards while this sign is operational. Any deviations or violations of these standards may result in immediate code enforcement action and/or penalties, which could include the rescinding of the special use permit and removal of the sign. Staff believes the sign will easily meet and maintain all regulations and standards as they apply to this new sign. RECOMMENDATION Planning Staff believes the standards for this special use permit and the criterion used to measure or determine the appropriateness in allowing this new dynamic message sign (DMS) to this public use, i.e. Spiritual Life Church, have been satisfactorily addressed or will be met upon completion of installation. Therefore, it is recommended that Planning Application No. 2015-008, which comprehends a special use permit to allow the installation of the proposed DMS at the subject site may be approved, and the Planning Commission should adopt the attached Planning Commission Resolution No. 2015-08 with the following conditions: App. INO. LU1D-UJ PC 09/17/15 Page 5 of 6 I, The new dynamic message sign (DMS) shall comply with and meet all regulations and standards as set forth under Chapter 34 (SIGNS) and Chapter 35 (ZONING) of the City Code of Brooklyn Center. 2. No part of this sign may be used for any off-premise advertising or off-premise uses. Emergency messages (i.e. Amber Alerts, severe storm warning, etc.), general messages or announcements for civic or community events, and any message containing time/temperature/date are permitted. 1 The special use permit is issued only to Spiritual Life Church with the ability to install and maintain a new DMS at the subject site of 6865 Shingle Creek Parkway, and is limited to Spiritual Life Church and approved supporting uses on the subject site. App. JNO. LUID-UUö PC 09/17/15 Page 6 of 6 ( ; ;?1R!iUE, 1.1liL II lU(l l lOiihi 1 - l:i1w Lear 'lc. Mn'cr and City Council Members, This letter is supporling CIOCUI-Pent8iion and attached to our specei use permit applicalion no upgrade our oriçnai (1992 buik) freestanding changeable letter sign to a 0eV! Dynamic Message Sign (DMS). According 10 city ordinence we are required 10 obtain a special use permit for tile project as we are classilied as a Public Use property. The project will entail constructing and installing a new 72 x IO' (72 sq ITi DM5 to replace our eJsting 6'5 x i1' (72 sq ft) ireestending changeable letter sign. The new sign will feature a i' x 9' (36 sq ft) Watchflre i6iI LED dis,lay cich is regulated under tlis city's Dh'iS ordinance. The existing masonry foundation end el [Joel wjri ,lgmifl be reused for the new sign. A rendering of the proposed new sign by Scenic Sign Corp. of Saim Cloud, Mi\l is attached for your review. We believe [hai this new sign will greatly enhance our ebititu to inform the general public o' the many activities, even -Is, mici diñerent pubic services avaiable through our church, school, childcare cen.er and alt other various ministry outreaches '.vhile it will in no way be detrimental to or endanger the public healih, safety, nioras or comfort. We further believe that our new sign will not he i ,ijuriau.s to the use and enjoyment of other property in the immediate vicinit' nor will it diminish or ri any way impair the pmoper[y values withir the neighborhood. It will not impede ih development and improvement of surroLlldirtg, properly and will, in -<il respects, conform 10 all applicable city regulations and ordinances. We, therefore, ask that the special use permit for our new DMS be granted end thank you in advance for your time and consideration. Regards, Joseph F. Fornara Pastor 66 Shingle Creek Parkway -- -- wwn slcg;iccuu ft! I Brooklyn Center, ININ 5S*() k-inul: slcCfsicgiace rum Fa\. 7 Commissioner Sweeney introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2015-08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-008 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE C-i SERVICE/OFFICE DISTRICT (6865 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2015-008 submitted by Spiritual Life Ministries (on behalf of Spiritual Life Church) for a Special Use Permit to install a new dynamic message sign (DMS) with a public use in the C-i Service/Office District, located at 6865 Shingle Creek Parkway, (the "Subject Property"); and WHEREAS, pursuant to City Code Section 34-140; Subpart 3.1), "A DMS owned or operated by a Public Use in all districts where Public Uses are allowed may be approved by special use per/nit."; and WHEREAS, on September 17, 2015, the Planning Commission held a duly noticed and called public hearing, whereby a planning report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received; and gave full consideration utilizing the guidelines and standards for evaluating this special use permit as contained in Section 35-220 of the City's Zoning Ordinance, and determined the special use permit request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2015-008, submitted by Spiritual Life Ministries, may be approved based upon the following considerations: A.The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO. 2015-08 Page 2 of 2 D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2015-008 be approved subject to the following conditions and considerations: The new dynamic message sign (DMS) shall comply with and meet all regulations and standards as set forth under Chapter 34 (SIGNS) and Chapter 35 (ZONING) of the City Code of Brooklyn Center. 2.No part of this sign may be used for any off-premise advertising or off- premise uses. Emergency messages (i.e. Amber Alerts, severe storm warning, etc.), general messages or announcements for civic or community events, and any message containing time/temperature/date are permitted. 3.The special use permit is issued only to Spiritual Life Church with the ability to install and maintain a new DMS at the subject site of 6865 Shingle Creek Parkway, and is limited to Spiritual Life Church and approved supporting uses on the subject site. / September 17, 2015 Date Chair AflEST - Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, MacMillan, Tade, Sweeney, and Schonning; and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION ( OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 17, 2015 ( - U Li 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:01 p.m. 2.ADMINISTER OATH OF OFFICE Secretary to the Planning Commission Tim Benetti administered the oath of office to Susan Tade. 3.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, John MacMillan, Stephen Schonning, Rochelle Sweeney and Susan Tade were present. Commissioner Carlos Morgan was absent and unexcused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 4.APPROVAL OF AGENDA There was a motion by Commissioner Schonning, seconded by Commissioner MacMillian to approve agenda. The motion passed. 5.APPROVAL OF MINUTES - AUGUST 13, 2015 There was a motion by Commissioner Sweeney, seconded by Commissioner Schoiming, to approve the minutes of the August 13, 2015 meeting. The motion passed. 6.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 7, PLANNING APPLICATION ITEMS 7a) APPLICATION NO. 2015008; SPIRITUAL LIFE CHURCH; CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW THE INSTALLATION OF A NEW DYNAMIC MESSAGE SIGN (DMS) WITH PC Minutes 09-17-15 -1- DRAFT A PUBLIC USE IN THE C-i SERVICE/OFFICE DISTRICT (6865 SHINGLE CREEK PARKWAY) Chair Christensen introduced Application No. 2015-008, consideration of a special use permit to allow the installation of a new dynamic message sign (DMS) with a public use in the C-i service/office district, located at 6865 Shingle Creek Parkway. Mr. Benetti provided property location information and an aerial view, photos of the sign, sign dimensions, church background, sign ordinance standards and staff analysis of the special use permit. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-008, Special Use Permit to Allow the Installation of a New Dynamic Message Sign (DMS) with a Public Use in the C-1 Service/Office District, with the conditions noted in the Planning Staff report and also similar in the Resolution. Chair Christensen asked about the ordinance height limits. Mr. Benetti replied that in a C-i public use district with more than one frontage, two 36 square foot signs are allowed. The applicant chose a 72 square foot sign. He stated that the applicant is within the overall dimension limits. Chair Christensen commented that he liked the base of the sign. Pastor Judy Fornara, Pastor Joseph Fomara, and Mr. Kiril Toteu attended the meeting representing Spiritual Life Church. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-008 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2015-008, at 7:14 p.m. The motion passed unanimously. Pastor Judy Fornara stated that the church is willing to program the sign to display Amber Alerts. Discussion followed regarding the process for doing this. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. (Addendum Note by PC Secretary: Mr. Al Franz, Franz Engineering, 2781 Xerxes Avenue North, called the City's Business and Development Department on September 16, 2015 to state he has no objections to the new DMS sign requested by the applicants - Spiritual Life Church.) MOTION TO CLOSE PUBLIC COMMENTS (HEARING) PC Minutes 09-17-15 -2- DRAFT There was a motion by Commissioner MacMillian, seconded by Commissioner Schonning, to close the public hearing on Application No. 2015-008. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-008 SUBMITTED BY SPIRITUAL LIFE CHURCH FOR A SPECIAL USE PERMIT TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE C-i SERVICE/OFFICE DISTRICT (6865 SHINGLE CREEK PARKWAY) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2015-08. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schomñng, Sweeney and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 28, 2015 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Chair Christensen asked Commissioner MacMillan about the Planning Commission seminar he recently attended. Commissioner MacMillan told the Commission that the seminar contained information regarding roles and responsibilities, comprehensive plans, and the legal aspect of serving on the Planning Commission. He stated his takeaway was that every time you have a hearing you are subject to being sued if you don't handle it property. The Commission discussed the value of classes and seminars and Chair Christensen encouraged Commissioners to take advantage of educational opportunities. He stated that the Commission relies on staff but Commissioners should also be aware of issues. He also encouraged Commissioners to ask questions. He spoke about making the City of Brooklyn Center a better place and welcomed Commissioner Tade. Mr. Benetti also encouraged Commissioners to take advantage of the educational opportunities and noted that they are paid for by the City. PC Minutes 09-17-15 -3- DRAFT Spiritual Life Ministries (a/k/a Spiritual Life Church) 6865 Shingle Creek Parkway Special Use Permit For Dynamic Message Sign (DMS) City Council Meeting Agenda Item No. 9.a September 28, 2015 Introduction SpiritualLifeMinistriesrequestingSpecialUsePermitto  installanewdynamicmessagesign(DMS)atSpiritualLife Church-locatedat6865ShingleCreekParkway. Ch.34-Signs,Section34-140;Subpart3.D,“ADMSowned  oroperatedbyaPublicUseinalldistrictswherePublic Usesareallowedmaybeapprovedbyspecialusepermit.” “PublicUse”defined:“Uses,facilitiesandpropertiesowned  oroperatedbyaschooldistrict,amunicipality,county,state, orothergovernmentalunits,andanyreligiousinstitutions suchaschurches,chapels,temples,synagoguesand mosques.” Background 1999-SpiritualLifeChurchcompletednew28,000sf.church; followedby7,000sfadditionin2001;a7,583sf.additionin2005and specialusepermitforSpiritualLifeBibleCollege. Subjectpropertyconsistsof4.4acres;locatedintheC-1 (Service/Office)District. SurroundedbyR3(MultipleFamilyResidence)usestothewestand south(EarleBrownEstatestownhomes);andanofficebuildingatthe cornerofXerxesAvenueandFreewayBoulevard;Propertiestothe north(acrossfromShingleCreekParkway)arelocatedinaPUD/I-1 (PlannedUnitDevelopment/IndustrialPark)district. 2014-SLCreceivedSUPforgroupdaycare&playground Location of Location of Existing Existing (and New) (and New) SignSign Existing Sign 6.56.5--ft. x 11ft. x 11--ft. (72ft. (72--sf.) freestanding (monument style) signsf.) freestanding (monument style) sign BackBack--lit, manual (change) letter message board on bottom half lit, manual (change) letter message board on bottom half New Sign Request Replace sign Replace sign cabinet with a new 7cabinet with a new 7--ft.ft.--22--inch by 10inch by 10--ft. cabinet (72 sq. ft. total) ft. cabinet (72 sq. ft. total) Includes 4Includes 4--ftft. by 9. by 9--ft. (36ft. (36--sf.) LED changeable message display sf.) LED changeable message display boardboard Sign Ordinance Standards DMSshallonlybeallowedonafreestandingsignalignedperpendicular  totheadjacentroadwaysystem.Thisroadwaymusteitherbeacollector orarterialstreetasidentifiedintheCity’sComprehensivePlan. areaofaDMSsignislimitedtoanareaequalto50%ofthemaximum  allowablesizeofthefreestandingsign. DMSmessagemustremainstationaryorstaticfor8secondsormore;  DMSshallbelocatednocloserthan50feetfromanyresidential  dwelling. DMSmusthavedimmingtechnologythatautomaticallyadjustsits  brightnessindirectcorrelationwithambientlightconditions.Brightness shallnotexceed0.3foot-candlesaboveambientlightasmeasuredfrom apresetdistancedependingonthesignsize. SPECIAL USE PERMIT ANALYSIS PursuanttoCityCodeSection35-220,Subdivision2,aspecialusepermitmaybe grantedbytheCityCouncilafterdemonstrationbyevidencethatallofthefollowing \[standards\]aremet: 1)Theestablishment,maintenance,oroperationofthespecialusewillpromoteand enhancethegeneralpublicwelfareandwillnotbedetrimentaltoorendangerthe publichealth,safety,moralsorcomfort. 2)Thespecialusewillnotbeinjurioustotheuseandenjoymentofotherpropertyin theimmediatevicinityforthepurposesalreadypermitted,norsubstantially diminishandimpairpropertyvalueswithintheneighborhood. 3)Theestablishmentofthespecialusewillnotimpedethenormalandorderly developmentandimprovementofsurroundingpropertyforusespermittedinthe district. 4)Adequatemeasureshavebeenorwillbetakentoprovideingress,egressand parkingsodesignedastominimizetrafficcongestioninthepublicstreets. 5)Thespecialuseshall,inallotherrespects,conformtotheapplicableregulations ofthedistrictinwhichitislocated. Recommendation PublicHearingheldbyPlanningCommissionatthe09/17/15meeting(mailed noticestopropertiesw/n350-ft.ofsite). noobjectionsorconcernsfromthepublic; onesupportingcommentfromneighboringbusinessowner. PlanningCommissionadoptedResolutionNo.2015-08,theunanimous recommendationforCounciltoapprovePlanningApplicationNo.2015-008,the specialusepermitfortheDMSatthesubjectsite(w/conditions). RequestCityCounciladopttheResolutionRegardingtheDispositionof PlanningCommissionApplicationNo.2015-008,SubmittedbySpiritualLife MinistriesRequestingSpecialUsePermitApprovalofaNewDynamic MessageSign(DMS)foraPublicUseintheC-1Service/OfficeDistrict, Locatedat6865ShingleCreekParkway. City Council Agenda Item No. lOa City Crnnil Agenda !tem N0 10 #1 IS1i1BJ[iJ I fl I I VhYA LA I (S]tUl I1IA1 DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4714 Lakeview 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 4714 Lakeview Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) 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: 05-12-2015 The Owner, Gary Scherber, applied for renewal of the rental dwelling license for 4714 Lakeview Ave N, a single family dwelling. 06-18-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 06-30-2015 The previous rental license expired. 07-21-2015 A second rental inspection was conducted and passed. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. )14ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and presen'es the public trust _i1,J[iJ I I D1 LA I (I) 1I I1'À I 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. 08-24-2015 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.ç. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-28-2015 A Mitigation Plan was submitted. 09-11-2015 The Mitigation Plan was finalized. 09-21-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community II, at enhances the quality of life for all people an d preserves the public trust ES1SJ[SJ Ifl I WA UhYi I k"4 (I) UI I 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,Jate 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, Juiss!o,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1i1Sk'[*I • U U D4 UYA I k"4 0) UI I1U'A1 perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1 -2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 .5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive coinmuinty that enhances the quality of life for al/people and presen'es the public trust [ES1IJ[iJ i VMISk74 I k'A (I) 1I P1SJ'Ai Decrease 1 1-2 Greater than 1 but not more than 3 I 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 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 BUILDING AND COMMUNITY STANDARDS JBIROOKITN Ciiyof RntI Ln Mitigation F11 _________ Type P1 License Han dwritten MWgW - PIMS will nt& cpted A fillable, tm'i can be fmrrW on The City t vwrw,cI1yofbrookIym cnk.rorg or call (763} 56-3S0 1 0 have a n e1rtronEc copy onI to yca via ernaH. Property Address: 74 Lk'iw Ate 1 Owner' Name(s): Gary SchErber Oir' Atre MantirnM.), IAN 55M-2 Local Ant( Jo Zuper (1erites Vrirth'u Agonf-OVdidress, 61D1 Baker Rd -4200 MN 56345 Owners Pien: e12J go 1-i1Q1) Agent's P]Qfl 92470-58 Owner's rnit: Aent' Email: Current EApiraon Date:L Pending Epiraion Date,7 ) ()Rwilis 1fifl tureaI1fl) Raswd on prop-ety conditions andior validated police nuisance irwidents, the above rerericed property qualifies for a Type iV6 Month Rent] Li eie. Prior loapplication approval by the City Council a fully complaled Mitiq Plan mwt he eciipited and approved by City staff, A Mitigation Pøn must tie compteted immat1y n ordeJ to ensure timely c 1pitioi of the licere appIcation process. The Mitlation Plan should indite ti'e steps Wine take!) to correct idantiffed- viollatiorbs ard the mteasu rthat'Miibetaken toensureongoing compliance vAth City Odimiances and appl lcable codes. A Miiation Plan l[ow he owner and INP, City tD review conce rns and identify pasibfe soluljons to improve overall conditions of the property, Jfhe Mitigalion Plan is not submitted, and a it iems we nc completed within the pending liumnse pkCiod, or the above properly operailes beyond lle license, expiration date, enfqrITnt actions such as dta1iDri formal complaint, or license review may rEuiL ore subrnittin iH-aUt Sections A, D. ardC located on pagas 2,3,4, and S. Tp V A ttctr PAs?, 444- ci7iii-iya C3AH n g Ei1a C a mmunftytLid Dajgit icrc1Tl 6ZIi EirI ;Pry Crir,HN 0-11 Erg I Phc'ie: i33l I M-711 I Fa.:i73t BUILDING AND COMMUNITY STANDARDS City-of 4714 ie;wt- N NTER RentI Leie Mitigation PnATIEBRI801MYN Type IV Sections A—Crime Free Ho using Prorm Rufremetfls Phase/ /LIII ri)_U se a writte, rp lease agreerrie,rt, The lease agre.ement shall iriude the Crime Free HoIsFrLi Lease Mdandurn, A copy of the lease agreement and Crimo Fmo Lease Addeidurr must be attached to the Mi(itioii Pan whon ubrntted, [i?] 2) Agree to pursue i1he termination or ree reemen1 or eviction of tenants who vicuiat the ter-ais olihe ease or any addendums, 3)Conduct criminal bckroi.rnd ch eck for aR nem, propotletensnt. If i s a current tenant new background check s not required, tylusl he abiC to provide documentation to City If req ueed 4)Attend a Cy approved eight-hour Crime Free Housing training our5e Information for approvod urc c-an bo found all ripnel under th TraJn Trig and Evert tib, Atopy of the Cilrrie Free Hou&nq Certilirte must be attached to the Ptttttion Plan when strbrntttL Crime Free Housing training was cornpleled oriis che&iIed for- Q-&-nor oF aqorit pInnkig to attend training at cliv of: 5) Submit Monthly Update by the 10th day of each month. Phase It [EJ Complete 9 Seuri1v A mrit and implement improvements requested by the Brooklyn Center Police Deparfrnent. To schedulo on initial or foIlowJfl Securtty Aseient, call 7) 6-3344 Afollow-up assessmant int be cornpIeted fore the iicene expiration date to verify' thee.curity improve ments have been iniplemented if e SecurityAssessmerit ha8 been previously coriiplated wiRe the completion 7 vl S SeoLrIi Assessment was co, bn ciieda1ed for; 14)fMfl0i t— Seotmty Assessment follow-Up was compteted onli.r thedued for:,2-t1 44 .t I Conttrie Sections A Phao [ii on page 3. JVtthri PMu, Row. 44445 zdty wiiIthnror 93D1 Stri1 Crk FIi, OrbOdyfl cf, iN 1U21 I 1T: 711 1 Fax: 7i9-Z1iO 1UILDINO AND COMMUNITY STANDARDS City ci 'BROOKI.iYN Renti Lkers MiLLgaUor PlarkCENTER - Type IV Lkere Sectioi A—Crirno Fro Hous ing P,ogtm Requirements (conuirni&1) Phase III [] 1) Owner or jert will sIted at mlciimum 50% (2) of the ARM, meetifl& The A.R.M. neethigs must be uampleted with In the rental tEcenso purled rnd before the pending Type tV License expirati011 date, Regi*etion i not required, hwver you must sigrOn during the meeting, Write two meoetlng dates an owticir or agent plan to - i!iP iI 3'cr or g -ntwl attend ARJt. mein lieduled o, 2) Have no repeat code v25or previously mente.d wih the past yer The following actions are i-eqtdred for properlIus with four 4) or more units. U I) Conduct resideiittrainin annually that includes crime provontion techniques. fl 2) Conduct regular resident meetings. Ty w riroJ? Rare, Pm 4-45 City citi— iildlnj ii Cornmv üty Dpinurit (t01 5hiig creox Pr'a, Crc Cnkr MR, 55430-21 99 1 Fhn: 78Li 5E3-3:3i] T[Y 711 1 Fax: XHRC&O"kLY,N 4714 BUILDINGANDCOMIMUNITY TANDAR cil LAqVielV AVOIt Rental License Mitigation PlanC.CENTER Type IV License Seto B—'--Long Trrn cap ita l frflproveme!!t PIn Based on ç&diton and age, esti ristd repiemflt dates need to be provided ior common capithi items. Fundrig hou1d be considered accordinglyi items that Are b.oker, worn, or otherMse in ijioItior prior to ti1e, estirtlatfzdreplacement (3 Me need to be replaced sooner. Alt items must hve Dte such unsure Ydtft know orwhr broken will not be eceptd it yOu are kimufa of vthefl an item wiU need to be replaced, you cam makea prhUn based on the av, appeernce, condiior. or n4iiufature/kithJsry recommendations. P,k,lition1 inforrnaticfl on Expected Useful Ue can be thid atvw' Ftm Dato Last Replaced CndhJon Expctd Replacement Date &amp?e Water Ho alar May 2010 F May 200 Furnace Augu st 20 G AugUiL 2020 Water Heater Augi.r.t 2010 August 2O2 Kitchen AppanceS ________________________ugL6t 2Q24 Laundry Appliances Auusi2i]i4 2C24 Srnke Alarms/ Carbon iot!d 14ierrn Au24 "ust Eterkr Her piit"Sidni 2011 43 Aug 202 F Aug . Roof ctqut24)i[I Fence fl.'A NA Shed WA NIA Garage Au g ust 2012 0 Ag'i2022 Auu.t 2000 G Au g ust 2G22 Sid,lk! Other Cnndition AbbItil)fl5 GOOd0 FIF fleeds RBpIEiflefllR Page 4I V Rr& t19 V. 4- 14-15 C1y f crnari tr—ii a C iutty 4ii 61 rpiingle CreE Prkwri4 Br'xitIr ctr, MN -21 Fncin: (?3e3 IT?: 71 I XBRCOGHLYX BUILDING AND CQMMIJNITY SThNDAflDS City of 4714 Lakevi-W/ Ave N Rita1 LkensüMrbgationPlanCEN R S-0LlnCStep to Improve Mrgrnen nd CothLrcn of Prper1y The iteri13 in mis seticii have been irr to assist with property ma rrnir1t and property Image. The following tion e rqu]red' 1) rhck-in with tenants every 30-iJy. [J 2) Drive by property to check for poib1a code Wolations, [] 3) EvIct LflflS In violation of the lease or any addendums. 4) Rrfr cJrrnt on aill utililly fees, taec, accesnienth, tines, penaRlet, and other firianlal oIqims1p.@yrnon1s due to the City. Other: The to! Iowing actlons are ptoriaI tj riless req Wrud bythu City. fl 1)Providantsnowse1vca 2)Provkle garwqa e.Mce. 3)lra1l socairty systern 4)Provide maintenance evie plan for appliances - m eonwany: ) Other: lithe Type IV6 Month Rental Jece Is approved by the City Council, the Iiene& must compty with the approved MIjiqjtjori Plan and all applicable City Codes. A writtri report mt be bmttud by the i& day of each month with an update of actions bung taken by the owner Andlor agent to cn'ipIy with Lb Is 1J1 ltattoti Plan. A copy of the Monthly U pdate can be found on page 7. A tillable form can be fóirid on the City vbcite at v1Acityomroo4dyriflter.OTg OF call t7B3 56-333Q to have an electronic- copy cent to you via ernaL Ploaso attach add itional l!ormaton It necessary. pc7, Rm 444 CiItk1y r1dLILd Conini tyctndLrE1 Pheni 01 nrii CrI Pika, &rri Ceiter, MN PIvir: (Th.3 TTY; 71 L 761 3E TBROOEMYN BUILUINO MD COMMUNITY STANDARDS yof47i LPvIt-'W I!' e NCity L1ens mitigation Plan License Sian and Verify I verify that all iflrffitiOr1 provided is true and acCUlale, I understand that if 11 do not oompti with the a pprovod Miaiion Plan, cornpy with all ittmg with iri th license pf'i, or operate beyôr'1 the liene expirallon dai, onforouricantar-fions such as citations, formal complaints, or 'ice-rise review may rer,iilL Eiy scherber Lr1 o TU Ptee Iiritj 17 DateOri Josh Zip1er drt& OWjrt or r]a Tr (f pp abe, Pie PWrir) / __ -- - - 4ii'& rL 7 r2fo&,orr JrApLj Cyfcuiiy / fA Ir tmr1 Date Lfl(Th1flj 'I) 'dhc Tp j R?ii M iffri Ph P, Re F. 4-4-15 ol ii11ynand wiity 6]1 hlrI Pith'3y Bp'kI'n cintr MN4I21 Phi i': (7E'1) E533O I TTY' 711ra.y t7e:l 0I:3fO Oty CouncH Agellithil T{frm N©0 10a #2 [iLi1SJ[J in ii ak LA I &A (I] UI UhJhYA I DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5322 Logan 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 5322 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-30-2015 The Owner, Mary Jo Schwartz, applied for an initial rental dwelling license for 5322 Logan Ave N, a single family property. 07-14-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-17-2015 A second inspection was conducted and passed. 09-03-2015 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. 09-17-2015 A Mitigation Plan was submitted. ]VJlssion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality' of life for al/people and preserves the public trust I1I1IJ[hJ I U DUk'A L'A I )IYA [I) Uh'1 I1BJ!AJ 09-17-2015 The Mitigation Plan was finalized. 09-21-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, ijicitisive community that enhances the quality of life for all people a;ulpresen'es the public trust [S1i]JI(iJ I fl U I k'A U'A I k'A 0) 1'WI flJI'ii 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: e At least 75% of units will be inspected for properties with 15 or less units. J'Iiss!on: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of life for al/people and preserves the public tins! [EI1J[iJ I i U IkA UhYA I MhYA [I) 1WI 1SWA I • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 I b. Police Service Calls. Police call rates will be based On the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I$1II[J I N V I h'A LYA I akTA (1] 1%I flhJ I License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 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 Iktissio,z: Ensuring an attractive, clean, safe, inclusive community tll(!t enhancesces the quality of life for al/people and preserves the public trust k;1 PI Rental LIcne MitIalion Plan Type N License Hndriirn Mitigation Plans will not be avceprvd. A flb1 to "m can b e found an Lhe C-IJS website WM yofbraokyncenterorg or cI1 73) 5 6 9 4M t o have arb alecUonic copy sant ,to you ve farnall. ProcrtyActdre 322 Logan AveN ir' Nmci{ '/ '' DAddie: 20c14 111h014E Blaine W51,449 Owner Phone: 763} 22 Ownefs Email , ajgmaILccn Current ExpirtIor'i Date; Local Aent(e) Agent's Address , Agent's Phone: Aerit S Email: Perdlng ExpirtEri Date-, V2c-i (hniIh I - Dazed on properly oridition andior iiidatud pc1ko nuisance incidents, the above referenced property qualifies, for a Type IV- Mc'nth Rental License. Pr k appficabon approval by ihe City Council a fully completed Mitigion Plart rriUt be compfeted CI1 CppTQVd by City staff- A Mitigation Plan must be completed immediately in iorderto ensure tmeiy comptetion of Ihe license ppIictiri procos. The Miligalfori Plan should indicate. the steps b&igtsleri o orret ideflItId volatlo4is and the mrei that will be taken to eriire nbirig compFimce with City Ordinance--, and pkblc codes. A Mitigation Plan &kwa tho , owner and he City to review concerns and identify possible olutins to improve overall conditions of the properLc ii the Mlietlen Plan l not jbrnitted, and all items are not completed within the pendfn_q license pedod. or the a'e property operates heyorid the license expiration date, enforcement aions such as citation, formal complaint, or lcere review may result. Before-submittl rig 4111-out Secti ons A, 13, end C Ieitcd on, pages 4 and 5 P W F0,% Rvz 444= City üIf k1ya C ildiujj and C4mmwlity pbztmt ci ShtreI CrEk ?irce, Biip Cintr 1 W4 4-i59 hpi: (Y TIY: 711 I FX TI3) EJ59-33Ea TIBRO 01MYN ,-j-Z2 Lo^.,,-jn Ave N BUILDING AND COMM1Th1TY STANDARDS Renta! LEcene Mitigation PlanCENTERType IV Uaensa Stne A --- Oft e Rea I*usg Program ROq UIram Phaso I FIZI 1) iJe written lease agreernnL The renieit 5he1t iridue the Cdrre Free L1 :1js I n Lease Adthnduxm A r-o pycithe l o ase a g ralament and Crime Free Hou]tg Lae Adddum mt be attached to the MLtlt1on Fi when ubm1t±ed 2) Agree to pursue the lerniinon Or lease agreement or eviction of tnnLs who viotata the temis of j!e ieao or any ddndum ) Conduct cri minal back g round check for all new prospecti ve tenants. f it is 2 current narit a now h kwnd c he c ki riot requIred. b e able to, provide doounientatlari to City if reque s ted . 4)Mend a Oily pprQved eighthour Crime Free HQuslng tr ai ning co urse- Informa t ion fo r approved ce can be 1ouri under the nThg w' Evet t a b A copy of the Crime Free ji,.Gusl ng Certificate must be attached to The Mitigation Pm when Submitted . Crime Free Housing tra ining was comple t ed e&is eheduled for: 1Cii15 .- Owner or agent alle,dedis pl a n n ing- to &rid training at city Coon Rapids 5)Sll ubmlt Monthly Updata by tie 1 01 d ay ot each r1iorii Pha s e 11 .)QQmpteto a S e curi ty Assessment and irnpkiniont improverrenl requostod by Lh - rookiyn Center Police Department. To ischedule an InW, l r follow-up Security Assessment il(Th3) 544 AfcT[ow-up assess rnant niut be completed before Wa license expiration data to voritj the security IniprvemenLs tive been impternented V a Security Assessment has been previously completed, write the completion dale, Security Assssmont was completed onfls scheduled for: Security Assessment follow -up was completed onils scheduled for:2U VWt4 fr , Continue Sections A Phase UI on page 3. M i?1&'JF? 'ir fjv, 444_'5PEIRAI Z16, of cly c$1 N{n ar cp Mmumily 5tudaxi1 Ptnt rkIvrcr1iDr,re 15D1 5hirjI Cr r:)J. ftOdyn ft. MN 5543D -21 I F1ii7E3)553533D i1?' 711 1 F t76J 5E5.56U ULLDING AND COM14ONTLY STANDARDS AB RT5322Lty[LDgAIN J PlanCENTER Type IV Ucense Stkn A—Crfrno Frea Hornffig Frngrm Re quirements (contirni&I) Phase 111 1) Owrrr nt will attend at rnfttlrnum 50% (2) of the A.R.M.meetings- Th A.RM. metings rniat, ba compratd w]khFr 1he rental ficense par]od and before the pen d]n Type W License xpktoi date, Registration is not qu1rJ, however you must rgri during tho mting. Write Lij meeting dates an ownr or ageril plain k atond, O'nerorrtmilli attend A R M meetings schcauldon!lllj C. nd ' IT 1 , 2) 1-Live no repeat co violaUori previously documented with th& past yr. The followi ng actions are rquTred for properties with bar {4) or nicre units. [] 1 Conduct i[dert fr&i1 ii1n9 nn11y that includes cCirno prevention tehnques. LII 2) Conduct regular reiderit mting, PPN ITITVR Lkis I Ltic'jPil?i, Rv 4445 City ofl Community dzd 62,31 ShingleCii±4 P.j 1 Iyr]lrjn rTjNO21hl l ?3)5 I TTY ;711 F F m.3E€g -3ED BUiLDING AiD COMMUNITY TANt)RIZ LaRi%LYX 5322 Lan Ave tJ Rental Lilcians6 Mitigation PI:riCENTER Type 1V Ucense Sections =Lg Term CpJtl ImproviamentFIn Based on condRianand age, astirnafed placement dates need to be provided for common rapItal hems, Funding s1iould be co ered orord1nly. Ften th2t ir brokn, worn or otherwise Ir violation prior go the estimated replacement date need to he replaced sooner. All items mimt have a dee For Estimated Repfacamcnt De. Des such as uUflSUV "don't know", or twhen broken" will net be eptd If you are unsure of when an item will fled to be replaced you can make a prdc4For based on the age. appemre, condition, Or mfr&inthrs1ry rcomrnende1tons, MdIir1frmiori on Epoed Useful! Life cri be found at CondJlen* Expected Replacement Date F 41.9 y 202B 2021) 20 ia 0 El : El ______ 2017 Date Last Relad Example: Wiar ?eir May 20W Furnace 20(Y3 Water Healer 2007 Kitchen Appliances Laundry AppIances 19D9 Smoke AtarrnsT Carbon Monoxide Alainns 2015 Exterior Items FaintiSdin I 91C Windows 2OO Roof 2013 2000 Shed Garage 2009 DrWeway 20cI SlctewI}s 201 Other: aC n thikIn AbbrJvi1ionE: 2JI '7,o 7SEli N El 2033 F El 12015 N El ___________ Rai?--F ed crn1'1 T'yP !/r Pie Rev. 4-14 15_j 16L Cit 1llii' irIy ir 01 itkikic r'xf Cemtu,JiN 5D-215 I fhcio; 3i) 4i ww#,r1TIC'ra1effJr0 TTY 71 I (7) BUILDING AND COMMUNITY STANDARDSMtyof BRCOOIMYIV ENTER N - Rental License MUtgation Plan Type IV License Sections C—StOPS to Irnprnve Management and Cnd1thns o fProperty The Items in this roctkri have been proven to with property rnon2 game nt and propery Image. The IbwJractions are require-d , : 1) Ck4n with tlenantsevery 30dy. Z) Drive by property to check for pcssib1e cadevfoLtions. 3)Evict keoants in violation of the,lease or iy ddndurns. 4)Remain curfent on all utIty fees, taxes, assessments. fines, penalties, and other 1ranciI cls imspaymen1 due to the City. Li Other The fOoVI ng actions are tona1 unless required by the City. 1)FrciIcie IWI1snowsoN1e. 2)PirovIde garbage sorvice. 3) Install ry y&rr J 4 Provide rnthtenrie servfca pIi for appIisnce. Name fservice coriipny; U 5) OLhr:._. if the Type IWO Month Rental Lftere is approved by the City Rrntil. the licanwe must ocimply with the pprovid w1iation Plan rid cli ppIica Cy Codes. A written report must b bm1tted by the 1dayociJi mmith with an update tki@ being talken by the owner ridIor agent to comply wih this Muff gaIion P1 4-1m A copy of hc Monthly Updal4a can be found on pe 7 A fillabie forni can be foLmd, on thci City's wcbsite at vifbrookiyr ttcor or call 76S 69-30 to have nn elronc copy sent to you Via emall, pi5e attach addittonal tnfrnLii if necessary. page TypTVReiLfiji :r] Jiv, 444MJ city I EX1910147n th aiia tni DTt w&-cbrrorjrnr.rjrq O:3i1 &drIe Cri P&kwy, E1rQkIii MN 51O-2195 P10n8: 7E3J 5343 i TTh 711 j F cf) EeO BUILT3TNG AND COM WilTY STANDARDS City of____ 322 Loga nA'BROOKLYN iit L1nso MitiaLEii P la n _________ - - - Typ e-IV Lic e n s e Sgri and Verify verity thit a ll i n for m a tion provided is true and g c c urate. I und erst a nd that if 1 do nt comply with the a pproved Mitijation Plan, cwilpIy With a Il items within the lic.ense prod. o r opera te beyond th e licen-se expiration dato, enfoceierit ctions such as cittiom, forma compiiMs, or ficenso rvlew may reufL M;ryJo LS c hwriz Ow-no rcirA gp-rif No mm- and Thi' (P 1a&e Frri) tt i __ - - - fl912O1 Crf101iC) Skr(ur AdrMriür4en 2 Na (n s a nd Thi't (?Mpp.ribrG Pleas Pmi) JLi() fiffi opficallo) tflE city staff naly , -Th - E1 Cc 1 R:JIce 10 apa(4 i1rJ 6A -S- I thJP ly Sta V OpparximhJfli vf Defe jL- 7 ^' (^ S -DMe R 4445 citY ily S l anda&n Dirtn wwiLftr1cjror iO1 6,11 nriF Ora A PaJi1 flrrm Citr, WN554]-219 1 Phtn T -3330 1 iT f 1 1 Fax: (7i33i 569 43ji Oty Coirnll Agenda- Item N©0 11Oii #3 [ES1IJ[SJ I fl I I LA I aIh'A [I) UI P]JI'!A1 DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2913 Nash Rd 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 2913 Nash Rd. 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 propçsed 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: 06-12-2015 The Owner, Godiva Properties, LLC, applied for renewal of the rental dwelling license for 2913 Nash Rd, a single family dwelling. 06-30-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-17-2015 A second rental inspection was conducted and passed. 08-31-2015 The previous rental license expired. 09-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people cml preserves the public (rust [EI1BJ[i1 IU I I Dk"4 L'A I IL'4 ti] 1I 1BJh'A I 09-03-2015 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. 09-17-2015 A Mitigation Plan was submitted. 09-17-2015 The Mitigation Plan was finalized. 09-21-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. If approved, after six months, a new rental license is required. The license process will begin within two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust [I1IJ(I1 I fl I V k'A L'A I MYA [I] 1II I1BJ I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 al/people andpresenes the public trust [O1Sk'[i1 I U U U Dk'A Uh'A I M'4 (I) 1I I1IJ I Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units -Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of life for al/people and preserves the public trust i[I]JJIIJ I fl I I MYA L'A I D (I] 1I )1IIhA I License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 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 Miss/oil: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust BUILDtNG AND COMMUNITY STANDARDSiOIN I RnL! LIcine Mitigation Plan- Type IV Ucene Hdriten MIii FJrj wffljoLhi acuepfed. AJiIhbIe form cn b our,d on ifle Ci1 website at wity'thrcklyncenleroo or -iIl i73 59333C to have en e1eciroric cop nI lo OU wla erni, sep. ProprZy A.ddress, 241,21?cek I y D 6! 111 MN -10 Owner God Pciri LLC - U2L PeElny Ui rOwner's dd1eE.e Maple Grove, MN 55311 Qwner Phone: jr Oiqier$ Err3i! re Ito rch n@h a mail COfr1 rrCurrant Expiriioii Date: Q I 1iD j LacaiAqenIE; Urbar, Eni, mc john. S'ik. Tç:,iq e1tnan 42iiijllt AviAents Ade Minali, MN 554i Aa@Fr s PQne;f6124 Ell 1 Aent5 Email: tcmy@urbnren I, ccn Pen dlnQ xpira1n Date; rtiJ rrrn Lk'Te crLlll License Exp. 02/29/2016 vss Based or properly oflditirjn- andhr vidatecf police fiis rtC iricidenI The aboe rfarenec properly q uatifiGs for Type IV-6 Month Rental Len, rior to application appraei by the City Council fully completed Mitia!ion Plan mu be cotiipIeed and appruvedy City staff. A LMiligatior Plan musl be completed irimrrdia1eiyin order lo ensure li m e l y complelion of the 11 cerise apphcaJkri procee, The Miti&iri Plan thould indicate th ELCPS b-in tak'n tocorract idertifred i•91tion and the ure that wile be takenI.D. CriSure ononi cornptiance with City Ordnaricas' ermd app1icatcr Mitigalfran Pfari aIlo 1:1-te, myner and the C ly to re ,-1ew concerci and identify passible oluiaris to mpro'a b'erIl cci rid ltions of the ropery.1 4 the Mhlalii PFr is flO ubnikted, and all 1tam are- not rompleted, within the pending license pericd or the above properly clporaLes beyond the license - piralion dale, enrorceniri1 ac-bons such as citation, rcrial oomplaint, or license review may re5ult. Before 4tLthrnittth g, f ihl tSectioris- I, B, and Cioatcd on pages 2, 3, 4, and PIP-30 Ki FY1i5 V Ij: rd 43 1dyi Cr iltti-0 an d rnmurlily 5ta rid dsDi-PaA niat 5hncln CrK ;;. EicC-Jii Cantor, rI -21Y5 I Pm I ii?: 711 1 Fin: I-2JD BULDING AND COMML11T STANDAEDS City 1 2915, fLwl Rd Er j,illrt Enter M\ 4tII Rental,Lkensc4 1ltlgatlri PlanENTER Type W Lens Sections ACrfrn' Free Housing P!rJ Ru!rin? P1ise I Fvj 1) k1se e wrilien eaa agreement,. The lease agreement shall 4clude the Crlrii r-roc- KctusiripU?aseAddendurn. AcQpy of the leameagreemont and C1me Free Housin cl Lae Addenduni must be attached to th itln PirL when submitted- .2) Agree to )uu 'the 1ermrieticn or Iese agreement or ection of tenants who veate the terrne oflhe lease or any adderidunis. 31 Conduot crirrLinal bacJkgroufld cheJ for all new prospective tenant tilt Ks a urrrt r.onan new bahrouid cieck is nal required, Ms be able to provide docurnteliori to City if requested'. ) Mend aCLy approed eigh1t-how Crime Free Housing treirini couso. rforniatian (or approved courses ca tict found ,al 'w ria.net un d t2f Lhe Treftihrin aacj Fvanm qabz A r o py Qthe Crime Free Housing Cer(lF1ate must be attttifiadtth Mit 2tiork Plan when submitted- Crime Free Housing trining was completed on/is scheduled for: 5t1 €i Owner or anat t1?rIddtis pLnninq 10 atterd training at city of: 5) Submit Monthly U1dsle by ie 1 Cl"' 12 y Gf ach month, Phase fl Ei1 i'i Complete a Security Assessnieni and implerneni lciiproveriiaiits FeqLesteU by the rakiy; Center Polite Depntmeii1. chedule en lni1i1 or folow-up security Assessment. calf (7&) 64244. A follow-up rrent must be compkted before the flicense expiration date to verify the s ltyinipIemerLts h'e been implemonte. If a SeouriW sessnierit has been previouel' onpleted. wlte IhC4 tompletioci datri Security sEessmeriI was cc'mpleed or!is scheduled for: '2b Sequrity Assesrneni follow-up was completed , scheduled for: 2 Ccrtine SectkLrs A 1 Phase PEI . page 3 ipji Ovu:'e."' i'r i,Vc.'i P9. ,PE". 4-T4-'5 Citydy it-1L $ 5ida DEn.t,t 6301 Sn l'cE' EniIyii C'ilr. foN 5543 U2ea I TTY; i1 I F j- EUJLDNc AND COMMtJN3T? STANDARDS City ROOhLYN 11,iflkr MN 554SE1 Rental Ucr.4nso Mitigation PlanCENTER Type P1 L[ceiie Sections A—CrIttrig Fraori!g PrnamRre quiremients (crnIthud) P13E 11 ovi or agent will allend at minimum O% (2) t-1 1ho AP,tyl, rneeUng5 Tho A.R.M. ML%Elti must be completed withb, the rental iIn prd arid Wore tir pending Typo IV LIcen ply-tion -date, Reqistration is riot rquimod, hmukvevevyou must sinli mSiirbi 1ie rn1ir. Write iwo rileeling dnzos at ner d an1 plan to llnd I wri Drerit will iendAftM. leeirIis stheulrd 1U jlfl Il2!t 2 Hao no rpai cde vlolation5 previous-1V documentd with [he- fL yr TieftiIlowincj actions ai r*quird for propertieciwth four(4) or more tmit. H Conduct resident train ini an..nualIV that ind udot, rrimp, pvio1eohniqe Eli 2 Ceru t I rqulm rider t mtngs TycE Fku, Rev. 4-f41 City of krooldym rtIli dards DpartmLrd ',iw O1 'rj Cr r-s-.y. E'Mii Criti, MN Piir iYil I Th: TI 1 Fax: l73 5&-3U B UILDIN G AT COMMUNITY STANDARDS City -of 2!IY1 NdcJBROOKLYN I y r. C e n I e f MN Ptiti LLi Mttig1ion ManCENTER Type P1 LIccirso Stoa$ E—Lig Thrm Ca pita l falprovanT EMI PIn Ba s ed on oondtbrL arid aqEç e51irn,3[ repIcrn'nt aLE nEEd 1° LI prdvt1d tOr .t.eirnm c,pftl terns, Fundiflq houId b. onir coririj Itern EhtaTE broken worn 1 or herMeIn 'kn piiorio ire eimle.d rpIcernni date n e ed o be repIcd sooner, All iWm rnut h a v e date f r EJm.ed Rep ki o eint D,Dat e s mu c h s: 'LI ut&1 , dbi't kf 1 or "whem brokrf' will hat b i ''OU arc, unsure of w hen an tom will fl3d Ia be repE1Oed, YOU Cr m a Ie iq wediciion jçi cm n th cndi1ic, a rnuiJr&rldustr!, AdIiI1n1Infor!mtIOfl on Expected Uz.efu1Life cer be friurid M'wiUda'i. 1f.rri Date LL ithd CondtIo xpcd RejIaceme ri t Date Example; Weter He1er Mey 2(Q P Ma y 2O20 Frrh3ç M _El rJ Heier May 2005 G M ay 20 Kitrh e n Applin M a y 19El F M ay 2 01 1 2undr ppIcic G 2020 Srnoe ALirm& AIarrne May 2014C2rbn Monoxide M2011 Exterior lien-P, Jur 2D13par.- 'IfIvSkIij1^1 Jie 2017 Windows.Jifly 10 F El JuIr 2TJ1 Roof PA-5 y ^Qll JuIi 20Th Fence M Ot1 G uu 2)25 Shed ' Fl PUI$t 2025 17 ALv.lLjst 2050 Driveway 1'J JI205 Sidew a lks 1 JLy 2 0 2 .5 Other: N'.wN HepI2Cmeri1. V r, 1, 11 Lic9 Pk'! I 'i. 4-45 Ci ty of kirpokI lm C ter ilt±a Crnnu !yaEd iLtdas Dthi w 630i sh i n g le VEA jIi! (:.Dnr. N 40-0 Ruc !7 TTY: 71i I F: [ BTJILDING AND COMMUNITY STANDARDS ' BROOKLYN r' iJniiir MN 1 Rjitat LlGen MititiOn PIriCENTER Type I V Lien5e SctEii-is C —S iep23 to tmjprove Mianag*nt e nf.and C ondifiGns of Propefly 1Th'e iterne in fril eectcin have been proven 1, cia 5s 1 s t with p ,- r) p e r fl1rERmen. a r, 6 P ropE?tt' The foll o win g actlons aro req utd: I) Checkin with rt a e'iery ntl 7) Div thk for poIb& cco ) vil lir in vbt1iaci of the le a e or eary addendurn 4) Ronin cufril On a ll uity fees, a s 5essrne ji 's, firies, pe lt&, and gibP r Finir'ci& cI 5mpyrrunt due to Ih Ci[y Eli €} Other: Tte towini artkir5 2 re c'ptkrna un[- Liiid by the CIty fl I) Provide Iawnircw erice. Li 2 PbVi'J'ga rb a ce i:i :i rljll 41 PicMde niiineflence service pn kr z pplianc ea, N4n-e f 5CFVICC cornpny; If he Type IV-6 Morilh Fntai License is appmpvec-,by the City Q'iintil The I i rcig n -s-,aia niusi rompty wiih the epprved Miigstiun FIri a nd a ll applic i^bla Cliv Cod. A!.iYrll;t-0n rolpo rt must be bltted b y- ilia I d a y of each wnorithwth an u pO atv cction behitken byth trier ndior pgantt rnpLwth this MItigat i ort Pan Accpof the :i1orIIIy Updete rn hebund oil page $ A fifl i a ble form ca n be found on tho CiW webite ai A ctorbraokyriciter.org or r..8 11 SS la have on electronic copy sent to you Y49 ernL Pleas-P, ottooh addit i onal infornaIien if noasary flf Pr, re-, L)cn P.'ir, cv. 44 ii Sr ftv4dv Ltuildimg C ntiiuyrIard.s Drt3n1 €Uf 1irii C FEiw.. EcikI N 5F,. &-21 i Puin )I TW, Y 1i I P;': l7) 1JILDINC AND COMMUNITY STANDARDS Cty 01 ROU11YN brktyri c.nbr. MN orLtl LIr Mitigation Plan Typo IV License Sign and Verify I veify that all inftFmaiIai pr vldeo is true and cirte, I Lundersterld thaI if I do not iompy With Lh approvEd Mitigation Plan, comply wlih all iteiris within the kLmzze period, or ciperat beyond the llCi3flO expiraIiri die :, •erkircernent actiorE ¶JCt1 o- Clta1)fl, knrrrI cornp lain l9-, of li&rLie re&w n-iay FLjlt, j - // Qieq 71 11 flt3 A61(ho r) ej Oi&o. rffr)i tid Tik j 1i':i. Re a s e Arr. •1ir)J OL SjiiW- 1ff AppfafI cay ñnly PL't. Crnoir dni C nii..':)1y St iunis 2// r TJeIVIJLI*)fl Pi. 4-1445 itlty of ByooRlyn ZtmndCt—uir and Curnmumity IIflIL CO5k r;-Aa C'rr, MN 5 Pric; T6 31 rAj 3-3]U 1 TTY: 711 1 F: ('E) E3€O City Crnfdil Agenda Item N0 1© #4 COUNCIL ITEM MEMORANDUM DATE: September 28, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4^4w *Wj^_ SUBJECT: Type IV 6-Month Provisional Rental License for 6001 Emerson 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 6001 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for renewal of two rental licenses. This is a single family property. The property qualifies for a Type IV Rental License based on twenty-eight (28) property code violations found during the initial rental inspection and three (3) validated police nuisance incidents for the past twelve months that affect the license category. Please note that these three validated police nuisance incidents are not defined as 12-911 violations. The property qualifies for an additional Type IV Rental License based on six (6) property code violations found during the recent inspection and three (3) validated police nuisance incidents for the past twelve months. (Type III Rental License reduced one category due to validated police nuisance incidents). Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and complete the Security Assessment follow up inspection. The extended time frame was partially a result of legal actions between the property owner representative and tenant. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on July 31, 2015 and one that will expire on January 31, 2016. 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's representative is working with staff to meet 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 license requirements and the property is currently in compliance with the ordinance. A significant amount of time has been spent with the owner's representative and tenants regarding community standards, and improvements have occurred. Continued monitoring of this property will occur through the rental license ordinance requirements. The following is a brief history of the license process actions. Current Type IV Rental License approval activities: 01-31-2015 The previous Type IV Rental License expired. 02-13-2015 The property was posted as unlicensed. 03-10-2015 The owner, Keith Carrico, applied for renewal of the rental dwelling license for 6001 Emerson Ave N, a single family dwelling. 03-26-2015 An initial rental license inspection was conducted. 28 property code violations were cited, see attached rental criteria. 07-31-2015 A second inspection was conducted and passed. 08-06-2015 City records indicate 3 validated police nuisance incidents occurred in the past twelve months. Validated incidents included 12-14-2014 auto theft, 03-16-2015 theft, and 07-31-2015 theft. 08-06-2015 A letter was sent to the owner(s) and representatives notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-31-2015 A Mitigation Plan was submitted. 09-03-2015 The Mitigation Plan was finalized. 09-2i-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. Current Type IV Rental License approval activities: 07-24-2015 The owner, Keith Carrico, applied for renewal of the rental dwelling license for 6001 Emerson Ave N, a single family dwelling. 07-31-2015 The previous Type IV Rental License expired. 08-06-2015 City records indicate three validated police nuisance incidents occurred in the past twelve months. Incidents included 12-14-2014 auto theft, 03-16-2015 theft, and 07-31-2015 theft. 08-06-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-11-2015 An initial rental license inspection was conducted. 6 property code violations were cited, see attached rental criteria. 08-31-2015 A Mitigation Plan was submitted. 09-03-2015 The Mitigation Plan was finalized. 09-15-2015 A second inspection was conducted and passed. 09-21-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. 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 If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM - Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1 - 3 Year 11-2 units 0-1 Type 11-2 Year Ll -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 11-2 units I Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people aizdpreseri'es the public (rust COUNCIL ITEM MEMORANDUM I 5 or more units Greater than 0.50 I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 6001 Emerson Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6001 EMERSON AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6001 Emerson Ave N, is issued a Type IV Rental License with an expiration date of July 31, 2015; and WHEREAS, the property located at 6001 Emerson Ave N, is issued a subsequent Type IV Rental License with an expiration date of January 31, 2016; 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 6001 Emerson Ave N Brooklyn Center also failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 6001 Emerson Ave N, Brooklyn Center, MN. September 28, 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. ]3DThDING AND COMNIJNITY STANDAt SXPByf OfWrN Renth tkense MtIatFøri Plan Type IV wWno b ccapfd, A flhlab If n be found on the City Websilcl at v i CIE call (76) 6-330 to he an eFetrer 'pyaritto yo'r va er. FtY 6t]1 mcq A,NDiuotyn si'1. P1N OwneP Nrni: Kilh Crr - 1eIitIc. Onvit PCL Address; 7NO W Fler Rood Erklyn P a A MN 3544 Ownef PEiorie: (61 rer& Eml1 :rrrent Eqlrtlon Eat9 & Lor,eo Agot MI Rrk Gar1rip- Agenl ddcee: HAD Pe rm Ave. SRihfl, M11 542 Aflts Fh:) Ag6fiili Emil: Pen&n Eplrtln Date i jx nlLr(n c-1 pbJii - BMOd or property -conditions ariWo valldaled pillio nuInc iniden. the abwe referend pioerty quilikes Fat a Type W-6 Month Rerttal License, Prior 10 Appk-Alfoh,approval by the Cily Courir fully onp1e1ad MitIin Plan mit b8 crnpeted .9nd approved by CItistaff- A Mi l119alfur-& In rrwi be -oiipleted rneliately h-i ordar 10 ensure timely cornpletn ofiFie IIcene ppiotkin prc. The Mitigation Plai -.hQuid Indicate the being taken to Porrect rWie f labons and the meauxe 1ht will be thken th -aue ongom oompkinca with City Ordinancet i lid applicable cad, A iti iior Plan alfmvs the OWner and the City to review comcems and lentlypolb1e olut1un tu inipreve veralF uiditiori& ortha propt1y. If the fulffigati-prt Plan is nc ubrnitted, and ait Iterwi ar6 not epteEd within the pending Iiene peilod. or the aboveN prop-ty opa f a LON beyond the Pict--re explritbn date,fernentRoloç -ticP • citation frmlcornpkInt 1 or license rew may result, - Beffore suhilttinrj, fMout 8eCtlows A 8 and C fated on pages 2 3 ; 4 ; iand - F 1 - Tj 4#4 ityc4yri e±n. Afld CmXTL1'J 2O1 5I1in!&C r- Pikwf. 5in CEr VA--21 Phnn: I TrY: 711 I F (7)EO ]IIJILDXNG A ND COMMX11L! STANDARD BROOKLYN 61 Ni MN b m a o Re ntal LFeri M tiii Par} Type IV Lip Stirs A_Crkne Prgtam Requfnitients P11130 I J2 1) L).e a Virille rile ass rameri, The lea e armrit shall inc4ue the Cri me Fr&a H o u si ng Le a se a g reement and Crfrno Ftkt Ho u t lrig Lease A&rendum mtja Jj ia;jtt jc fied to the Mi t l !^-Rti on Plan When submitted,IZJ 2) Ar lo pursue the trmistiin or l e acie agmement or eviction Qf ltem3 nts who vior 1113 the kIItIS oftha ieae or ny addadti. J } G oinductcriakatbacrrid check far all Fie w pro ptve tnan1. If It it currant bnan1 a new baskWa u nd ch e ck s not iequ1rd. M Ust Liable 10 prQvide dcuoa[aion to Cfty Pf re qu e sted , J 4) Attend a Ciy appro'ied aiht-hoir Crime in training co u rse. Info rmation for approvc1 ciure car urkd al wwiv ,mnpp .%f el under tfia rrinin d veri £a. A copy Qf the Cro Froa HOU-Mng Certiflcte must bo atatthed to the MtIor P1cm when r, u bmitted. Cdm Fra Houin triririg was ctd ardi5 5 cheduled for: Owner or agn1 aEtendadis planning to a tterid tr a ining 1 city of, LC ) Submit Monthly Upda lq by the 1il day of e,9ch rn1h Fhe U 1) cemptt a Seouriy Penient and Implarnant improven-tents 1equosted by the rookyn Cnbr Police tp frneit To ",heduliaan iniii1 or fow-up ecu rlt Msessrne'it o-aI () 61-3344. A Lo!Iowup ssnient rnut be comp l etod bora the I lc en4e e. p1 ration da.to te Y-G f iy iha F, eouity improVonkintS have been implrnned. If a Securlb M nant Nxi been previously compisied, write the compl e ti o n dte. Se cu ompIefeI :e'die hed'ila.1 or $eurIty AeemntroIIow-up was completed otis schadeu l e d 1? C on ti nue $ootFors A Phase III on page - TQ FLI R ar,^-W JCLl Rav,4N45 Iy Of UCO MIELYWI 9OnE @f—BUjjdj-U- Md CUMMUrj j t yStand arejV I33C1 Crk4jarcj'ri rr FlN &1-2i9 I 1T ?11 I Fiw )!-o BUILDING AND COAMUNITY STANDARDS Xa_BR&Yi 7MfWCF Rental Lcene hlitrgaUon Fhiri Ty [V Lioento Skis A—Cru Free HoLrqg Pgrm q*mnf (wiLrrn!ed) Phase II 1) CPrier or agent wiFi aften' t mlflIFmJm !!O% (2} of the mejin. The ARM, meefings mist be completed wLthln tho rtil fir-,,onsuperiod and beloie the puid1jig Type IV LkEne eplrathiri daze. Ri*ion iss not rqiired however you must ri-Ir diri i$e trtaet[r; Wr1e two meetIrij dwa., .ri oviravor R8n1 plan Lti IiEd Chvnef or aor)l 1W I aitonri IcFtM. meetings 215 ) Have no repeal code viGlalloris prevlousty d ci.rrneried with the past yr. 7ho tollinmin artiana are required for properties wRhi four 4} or rnoe vnits. J 1) (kindi.ict iesfdent Iralrilmj Lannually that Includes crErne prevenJon tethnquee LII 2 C-cndLr.çt ru1a r rid2rIt 4iy et ri—tTh JIy hiI Creek Prkv, rcmkIri Ontcr, Pfti: ()_jMB IL rn ii J P?Efib UIkD1NG AND COMMMITY STA NDARD SCiyot -, Fen1 Lf ca rtsehfitI g a t ion Plan Type 1V Llcon se Drs r?,TfY? C apital ft 0WE1 (fle?fl PIr, Be Sed rT CO hditQn ethiated replant dates need to he provkied far ccimmQn capitalFunding huld be con&dted annrdjncil, Ittiffia th a t a re boki worn orothrwie invioletian prior to the E.1imRted re t^'Iacerri o ri l date need t o ba rep!ed eoor. AU] fi erfis must h a vedate frii £ffm'1 Rp IIjjjJ?"d o n't know, or wFierke will not be coptd. lyou are UriUre of when an ilrn wf U need lo ba epae, youpredi1ion beed nil the igrj. apparae, oei ndili b ri, or MankilturE4ndtr recornmendtiori, Adffltinal jnforn1ion on pect UefuILie can be four-rd atwmebud.g ov , 1tm I)MeUiat Reptd QodItlor Eo[eJ Ruplateml erit Date Ex ari^O L,.- Wa ter Hear M4y 2010 F May 2020 Fum ace G 20M Water Hester 2als 4 2l:t2 -- FRcher1 Ap pliances 2015 2013 26 39 Ste A1arrnsf Carbon Monnxde A kq n-rc,%2016 ry 6 rnos as n ee d Extrcir ftQtfl NA5Lui Feic NIA - Shea Garage Qrin- door 2O.- I)rNe-way Lir.r NPW -- z N=N Papa 4,15 Te Jvffifa? Utr.0 raF1 i4. Re v. 4-14$i r -li mrnmtly 1aa± pmThn t ccr orI Hri tnCjil, MF55421j I PI:ec: 3-MO I 1T1! I F: (76) 4' tJflDING AND COMMUNTTY STANDARDSCity 4Df ROOKLThT RIit Licbme tio C—ep to !mprwe Mrn1 CitrfPropor4 The Items in [his cln have been provan to assist with peilr rmEn nd pTprtj ime The following ctrr aro reurth 1) Check-in i',41h let ant evrj 3O-ciy, 2 prive by P ropoif tv to thed l'of possible cde vbladans. EvId 1rLBrt5 in violation of the least any addardum, Ei 4! RemIrc.urrrjtcjn tU.itiItty1ees, 1ae, rr2rI, firie 1 pndher flnaF1th1 mJpayrriarib dUe tci the C1t. ) OUier' Ttie fQ11owl nyactions WE vptcnat unies required by the City Li ) Provida lawrOsmossewifee, ) Pro'ilde irbage sarvi. 3) $ntII &curft 4 Provide r'ke plan for 9pplanoa, !Nthms of service inn-ipsny; LI 5) Olhe: J! [ho Typ IV- Month RenI Lce is approveod by Ihn City cwn* The licensee must co.mpy w]thapproved MitIgIon Prn and all apoic6le My Qc'd A written report niust b hrikt9d by the I U dy of eah month with iNn Updato M átlon.a being blcen The rcti'or agent to comply with this Mi[atiør Plan, A copy fif the Mon ll'ily Update can be found on pe 7. A [Illable form can be found on the ety vbi[ci t M,Qi klynnterr or call (7) have a Iotr nk c'py Een t tc you via email Pleasit attar.h additienaf information ne-ary. 7TlP 0 rf V. 4-44 1y Of BrUk -t ccn±r] u.Ltd r*4 .m14pJy mILi e:01 Th1 rIAI q C-f-fl ki P Fi,YT', 8 il. 4I' C--flLur. PIN 5-!121 inn: Q1 -3 Tr 711 1 3,%&H 4 3 Ell BIJUiDINO AND COMMUNITY STANDARDScity - - tOOICLYN 1! RtflI Liconse i g il and WrUy I vi1 IJ ifr'-nin provkied i ra nr1 urt I und6rid 1h1 if I do not c.opIy With ih@PPr6vea 4Itori PIn, comply with 2 11 Ite ms within th& pri, or operate be yond theIne .pir1ion dab, orir ri cIon ur,,h as ittions (iiimai complabiLs, orlicenmay r.rIt. Lie& DiP 4t.0 P JJJL(or1 S.jria&we AdrrAj-I TVs (i?ish, PpPthJ Af3I IV 4-V (;-., &h f P) vzft - - - -i•k r1ty1 f - Lp /,^ -1. S I - - - r LicDMp Rr. Jt - bfBr aiidRj 5N eC iFIiy rccJitri CIe? Mr I TTY: 711 I .II 33MM-MG AND COMTUWtTSTANDARDS CENTER Rental License Mftlgaftri Plain Type N Licenso H43ndwrillon Mffi3crr Plans wTf not be a4meplad, A fllfthló fmi cart tie fc.urd on the Ci/ w-volISIM ia t wvt ro1fleflterxrQ or ciII 73) 56-330 lo have, an ebt7onic copy sent You via, erri-aK PripyA&ra: 6001 EMOMMAW, Ctr1 L4 S4 rtB .; <eih Cric- DmI5 PW ner Adde: 7D ''J. FIr Road rckIn Pprk. 4P1 444 Qwpers P1orE: 12) Qwn'2r Current Expfrqiim Date; 71I15 Ant(E)' nfrr Agcnt' Addie; 7i0 Prirj Avo, a. ?IiI Rfr -1I1E1, PAW 5E42 Agerift pioe::12) EiD7253B Pndini Epirtion 1e 31i'e 1 rmnLIi iiL Based on popody ondibrns andk,r Yalid ated poliun ili iriident, the abdvo MforenoM prtperiy q ualifie-5 for a Type V& Month Femal 1.1n spe. Prior to applicatio pprovai by the Cily Council H fully .omped Mitigation Plan must be complaled and appnQv?d by Cly stuff. A iation P 1rn mi! be rnie1d hmadiatoly In isder to enSUr iimei' trnpEeiii lfl ppli'akn prae. The r1olitigation Plan thould lrdaa Ifte steps bekg taken to ccrrerL idinN1ed vItii and Jie rnEurEs ihBt Will he taken tci Ensure artgQing ornplLric wiih City Ordi'wni md ipplIcable A 1,1111iiri P1r anovm the -otnur and ihu City to nBviBrI cont.ernis and iditify poible olvtlnto improve over,94 conditions of the popery if the Miitn Plan Is no ubrnitiet, and allitnis -u nut ornpIefed iThia iha pendjng line peniad or ove propatty operates beyond the llrene impiralion date, enforcomr,n 1iot iih as dteti, forrival ewplaInt, ci 7 1 i c e ri 2ie review may f e-&tdL Before ubnktirinj flu-out siattlon A B and C bc-athd on P4gos 2 1 3 1 ,4 j aind kzig i 444-111 City iiBrrAdyi C ruila±m om Dpitmui ww cIrrQ1 5 h QP Er r, N I P 4 F,54C-21 W J P:3-2 1iY7i1 CirOf BlU LDING AND COMMUN17Z STANDARDS l BROOKLYN No CENTER Rental LIOeiO MItltin FJar Type IV LIcti 5t1n, A—Cthn f-iuthi Program Jreirns Phase I 1) Use a ,'rittn tea sa agreement. Tb? lease reemerUthII inIud th(R CThiw Free Housing L Adder durjt A copy cf the leas rJ agreerna rit a rtd c rime Fra Housln Lease Adderw,uni Awst br. attithdd h5 the Mitigation Pji when u1ti1tthd, 21 Agree to pu rue the ttft'hiain br ]ae arei-nrt or eyletion of terianti ithc vfolate the term fiha ree or án rJdetdum. j 3) ondut criminal b2crow1d cbJ for 811 new proptii r1t, If ii Is a current temnt a new batkgenund thk Is not required, Must be bIe to prfdE documentation tO Cillj it rqueted, J 4) ttetid a City po'd Eih(4tnJr Crime Free Housing Irakilng coume. Inftrmtin forapproved caigses c befoun t Y w.ninepaiief trridr the Tre(r nd inI tab, A copy of the CnIne Free I -touslt CtUfieate rniit ha a!tahed to the Mitiatior MIrl Whan SUIJMIU13cL trim Free HozEiag Iriniri xws completed onéi acbduIEd Thi: Owner Of a9OttalllMdeifh9 planning to aite rid training aL cLy of: 5 Suniit MonthI Upthto t4a iO ° day bf each month, Phae II jJ i} Cnrnpbt a 5ecv.rjtV Ass6ssrnent and ipkrnentlmpruvernents requested by the totIyn Center PIicn Oepurlmt, To schecIu1e an InItIaIodoHow-up Security Aserren, eI (TOa) 63 F-3344. A f1ow-i,ip ag3essillent rti be nptd beforG pl riation dati10 verify the t,acurity htwe been implemented. If a Security AmaML hat ber pr uBIycompkIe wrii the iornpatiofl &ieurliy A stsment ws completed onra echedukid for: 1h5 - S?c1Jriy Aessrnerit follow-up wins completed onTi Contlrnje SeetImi A, Phac Ill on ae Ty 444.5 ittrd Dpxlmitt CCi 4* Crk Pih ji:cJy C'nir, /rJ I Fn: -3 E-iao L TIY: 711 I Fc G1j BUILDING AND COMMUNIM STANDARDS XBRI001M)wtyc FUCLrNN43O j RetflaI Ll c e rise hittigatim FlEiri Type IV Ueiisi Se ctions ACrm Pr Houkig rcrBni Req "Ire rnen : Phase Iii [7] i Onerc'rin1will a litendrt minimtirn 5a%(2)or that kftM. rHn!. The rn aefftt must be completed within the rental, 1i pe'14x a nd berfom (ho peiding Type [V Licwinsoo xp pi ratlon th. PZetpistraliort ]I S n o t required, hwv'r you must si'grk -ln during 1h rnBing. Wrile two mk2,9t ing d sle5owner or rit pin t Ownpr nr a gertt will attend A . m-eetincj hdtiIe.d on: a nd1215 [] 2) 11T2 FlO repeat c o de violarions prev iou 5ly imerited with t4re p a st year. The following a ctlons ar a requ i red for propo^rtles with tour o r more tiffits. I) cfmduct rdrit train ing an nuag y lht induce cdrne ptveFltinn teithniqu. 2 Oduc reg ul a r re s ident rne1i! _________________u-t4- Ji1y Bi'iu Cn ui]d±a Cwthiiul1 da Dthtt1O)1 ShlrYp Or c-A Fr}i FrcOd yn'irJir MN 43D I Pb r) I ax f BUILD fliG AM) COMMUNITY STAThAXDS 6001 Ememoun Ave. No 13, --CENTM ROMA Li c en s e MiIigatEin Plan type I V L i cen se t10 ffLmjThrm Capita.! Based tin oridi1ion and age, es tim a ted replaoe m.nt da tes n e ed tie provided for common cap i tal Itema. FundingshGutd -n s id ia redaa c ordirigly. ftemslhauim bmkon, worn. ur ithervfi s e k Vioratiofi I}flOI to the estimated T o plara Mb int d a ie need. to be replacerlsoomer, All iimE must have or imd phcement Dt uth : 'unow', cn!t kw or 'Wherb oti" WU n ot bg acceptd. If you are un s um ofwh o ri an item will need to bit repIcd, youmake, a pediotipr aod on the aga 'a pp Oig rri, oriditicin, or reonimetion. Additional informatlari on E>:pecled Jftit Life c a n he found atwMv.htd.', Item Late La st prad 00 1n di tJOW Exp ec ted Repaeemen Dat &arnpi lrJ-(r Ma y 2010 F My 202U Furnace trHfr 2013 20& Ki t chen Appli-MOMS 2015 G 204 Laundry Appli a nces I - S fflaVo Carbon Mode AEt -rB evt ry 10 tr . i4 Eerior PaIri LIS idIri g. Vftidmv5 2 DIM 2035 Fence Shed Garage Ogor^C33 r-2O29 - Drway tik w G A,T:-- Edew9ks Other; C'ndiii Abr€atn:N=N plrn8r OL'4-t4.5 City in f R r a pkty 1—B ti1±ri 0 zind C o minunil1it±ir ptrnei J)1 S hiri g In Crnik P a emy a y . Hrc*;jj-i rç M 564C -2199 I Pbri: -2 1 1n: 711 I F.0 [€ E -iti BVThDING AND C OMMuNrrr STANDARDSCity Gunter,MN513o 1ribt LIvrre Mthgticw PJi - TypiVLeensE acicH5 ü falpiDVO M tn The ilems Jr 1hi G Sort.in have bee prnvn to 5i5t with property rfli nag rtflnt and prprty im The followitig acti ris are reqifireth 1)Check-n 1Mfh te n a nts every Oday jJ 2) DrIvo by pri'prty kri c.hek for pc..ibie CQde vio1ion 3 Evicl teiarite In vio11fon of Ihe Ea'e tit any add9qdunia, 12i 4) Rrneiji current on q I1utiiIyfee, taxes. a -mnfJnepenaHieE. financial clai*rn%1paymenjq thie to the. C1y Eli Ofti,r, Th9 folluYving HvtiorIS are Qptina1 ii1es reqdred by the CILyDi Provide iawnisnuo service. 2)Pr(?vide rb3 eiviceFj 33 1ft1all EUrih/ systrn. J 4) Provide, mairtlenanceserviDe pI2n for ppiinc. I4FYM3 ferve. company: Li )Othrt: If the Type V& Month Rental Lice-rise, is prirJ by [h City Ccurpi[, the Icriee must ocimpty with the approwed Mftgatin Plan and iii pp11r.bi Ofty (dE5, A witt repart.mvt b ubm1tte by th 1 &y of each month with nrk updt tn b8i1g takeft, by tha aWnr nd1ar agent to rtpIy with this mitfgatloni Plan. A copy of the Monthly Upet c be found on pe 7 A lable forim can be toLrid on the CIty ebite at r call 763) 9-321 to have an eIetrcni copy seritto. you via m.iC Please aLtath kthI lrarmathri LI necessary. 7jpg 40 PRW.N1 Fipa, Hjz, md Cipux11y1tnu piniit ynrfrfj f31j iIer, MN 021 Piirrn: 7lj E-33i 1T71 i I: F UflDrNG AND CO 'WNITY STANDARDS RN Rental Uomm MJtiakrn Plarl Type N Lks $irnd VI1y I vedfy that alli, kkirmiion provided I true and I widersLnd that if I do ilol opIywi1h the ppred Oolilig3fmi Fri, GmpIywih aperate thelicerme, ':.p1raIion date, enforcerment atlims such as ciLtkri, formal coriipi,Int, Dr license review rny result. LsJie A. [l- POA rJ&i .u'd Fjq() 3Abi J?j1cTQwri- cirAJBr ftnUUT iñc'I.J WE'P i1d Tilb (If tee, P-Yea s6 pIJ thi cwAsir '?rU Ir'4) kiieJO opal 1T1Th'? Us rtj wiyraiYart p'T()1Em! AV%S'b/Ctf i/2/L!C Pie ELIT5 fi1r ii ruiid±ag Cmrnun ikiI cI; Fr1w, Brek cbM, %N ic,; t:-ao j IT71 F -30 C ityAtw COUNCIL ITEM MEMORANDUM DATE: September 21, 2015 TO: Curt Boganey, City Manager FROM: Sharon K nutson, City Clerk A " ^T"* SUBJECT: Hearing for Nelia Schaff Regarding Rental Property Located at 7018 Brooklyn Boulevard Recommendation: It is recommended that the City Council: 1.Receive staff report. 2.Open the hearing to receive applicant testimony. 3.Close the hearing. 4.Direct staff to prepare a resolution for the next City Council meeting with findings of fact for either suspension or revocation of the rental license for 7018 Brooklyn Boulevard. Background: City Code Section 12-901, subd. 9, states, "Licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01-278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due." The property located at 7018 Brooklyn Boulevard is an apartment complex (1 building with 8 units). • City and County taxpayer records indicate owners as Nelia Schaff and G. J. Gerochi, P. 0. Box 21524, Columbia Heights, MN 55421 • City rental dwelling license application records indicate owner as Nelia Schaff, 1551 Woodside Ct NE, Fridley, MN 55432 (Nelia has held the rental license since 1998) • April 27, 2015 - City Council approved issuance of a TYPE I renewal rental dwelling license for 7018 Brooklyn Boulevard with expiration date of January 31, 2018 • June 26, 2015 - Hennepin County Taxpayer Services indicate that 7018 Brooklyn Boulevard had unpaid first half 2015 property taxes ($5,514.98 plus accruing penalties and interest) • June 29, 2015 - City Clerk sent letter to Nelia Schaff notifying of unpaid property taxes • July 16, 2015 - City Clerk sent letter to Nelia Schaff notifying that although a partial payment was made, property taxes were still not current Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust [EI]JJ[SI I fl I U M4 U I Dk'4 (I) 11I I1IJLI • July 28, 2015 - City Clerk notified City Prosecutor that property taxes were still not current • July 30 2015 - City Prosecutor mailed letter and notice of proposed license action setting hearing date for August 24, 2015 • August 18, 2015 - Hennepin County confirms first half 2015 property taxes are now current and the following payments were made: • $2,000.00 July 1, 2015 • $2,100.00 July30, 2015 • $1,464.63 August 13, 2015 • August 24, 2015 - City Council tabled the hearing as recommended by the City Prosecutor; new notice of hearing will be sent including the previous violations • August 25, 2015 - City Prosecutor mailed letter and notice of proposed license action setting hearing date for September 28, 2015 History of Unpaid Property Taxes and City Utilities At its May 24, 2010, Work Session, the City Council requested that Staff identify the frequency of offenses to help the Council determine any sanctions. Since 2008, there has been one prior delinquency in property taxes for 7018 Brooklyn Boulevard as follows: On February 27, 2012, the City Council suspended the rental license for 7018 Brooklyn Boulevard until property taxes and City utilities were current (Resolution No. 2012-36). Property taxes and City utilities were cured the next day on February 28, 2012. Information prior to 2008 is not available. Budget Issues: There are no budget issues to consider. Mission: Ensuring LVI attractive, clean, safe community that enhances the quality of life (aid preserves the public trust COUNCIL ITEM MEMORANDUM EXCERPT FROM MAY 24, 2010, CITY COUNCIL WORK SESSION MINUTES APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties/fines to cover the City's costs to publish and mail notice of the hearing. Additional issues are whether all violators should be treated the same or consideration given to first-time offenders as opposed to repeat offenders. Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e-mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and/or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life/safety violation, so the most serious penalty imposed is for violations deemed to be the most OMINOUS The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: Does the Council wish to establish a reminder and grace period for payments? The Coullcil discussed whether a 30-day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first-time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. J'Iissio,,: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 3.Once the policy calls for setting a hearing, the notice of hearing should inform the licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4.If the licensee pays before the hearing, does the Council wish to cancel the hearing? Mayor Willson suggested cancellation of the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose an administrative fine to cover staff and hearing costs. Following further discussion, the consensus of the Council was to not cancel the hearing if the violation is remedied prior to the hearing date. 5.If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain firm on ordinance enforcement and to hold rental owners accountable; however, leniency may be considered for first-time violators. 6.If the matter proceeds to hearing, the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six-month to one-year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that everyone has been treated the same way. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing. . .may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one-year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be some cases where the facts may find those guidelines are not appropriate. He explained if the City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the .options and agreed that it is difficult to impose a law to achieve automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. With regard to consideration of repeat violators, it was indicated that will be determined by the Council upon hearing the case and receiving staff's report on the history of the property. It was noted that 1whether a first-time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. !iissio,,: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust JEFFREY A. CARSON ELLEN M. SCHREDER Carson, Clelland DAVID K. RosFs & SchrederDAWN E. SPELTZ JOHN J. THAMES ATTORNEYS AT LAW EvAJ. RODELIUS PROFESSIONAL LIMITED LIABILITY PARTNERSHIP WILLIAM G. CLELLAND (RETIRED) 6300 SHINGLE CREEK PARKWAY SUITE 305 MINNEAPOLIS, MINNESOTA 55430 August 25, 2015 Nelia G. Schaff & G. J. Gerochi P.O. Box 21524 Columbia Heights, MN 55421 PHONE: 763.561.2800 FAX: 763.561.1943 WEBSITE: WWW.CARSONCS.COM Nelia G. Schaff 1551 Woodside Ct. NE Fridley, MN 55432 RE: 7018 Brooklyn Boulevard, Brooklyn Center, MN Notice of Proposed License Action Nelia G. Schaff & G.J. Gerochi: Enclosed please find the Notice of Proposed License Action concerning the above referenced property. Any questions you may have concerning this Notice should be directed to Brooklyn Center City Clerk Sharon Knutson at (763) 569-3300 or Attorney John Thames at (763) 561-2800. Thank you for your attention to this. Very truly yours, CARSON, CLELLAND SCHREDER Becky Gaffer Legal Assistant Enclosure cc: Sharon Knutson NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12-910 of the ordinances of the City of Brooklyn Center, that a hearing before the City Council shall be held on the 28th day of September 2015 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non-renewal of the rental license held by Nelia G. Schaff and G. J. Gerochi for that apartment complex located at 7018 Brooklyn Boulevard, Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensees to timely pay the first half year 2015 real property taxes, due and overdue in the principal amount of $3,550.13, together with any applicable interest and penalties, at the time of the original notice of hearing set for August 24, 2015. Additionally, the City will consider previous similar failures to timely pay taxes and utilities on the property, as outlined below. Licensees did not appear for the August 24, 2015 hearing and the hearing was continued to September 28, 2015 to address licensees' repeated failures to timely pay all owed taxes and utilities for the property. The City has learned that, after sending the original notice for this hearing, the outstanding property taxes have been paid. However, this is the fifth time within the last 4 years that the City has been forced to seek delinquent payment of taxes and/or utilities from licensees. Specifically, the City suspended licensees' rental license for the property on February 27, 2012 due to unpaid second half 2011 property taxes and unpaid utilities. That suspension was designated to end upon payment of the delinquent taxes and utilities. These were paid on February 28, 2012. The City has also sent notification of delinquent taxes on the property for unpaid taxes owed for the second half of 2012, the second half of 2013, and the first half of 2014. Each of these delinquencies was remedied within the 10 day grace period provided by the City, and no hearing was held. Section 12-9 10 subd 3 (b) provides the City Council may revoke, suspend, or decline to renew a rental license if the licensee fails to remain current on payments for all assessments and real estate taxes on the property. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU SHOULD BE PREPARED TO ADDRESS THIS VIOLATION OF THE CITY CODE AT THIS HEARING. JEFFREY A. CARSON ELLEN M. SCHREDER Carson, Clelland DAVID K. Ross im & SchrederDAWN E. SPELTZ JOHN J. THAMES ATTORNEYS AT LAW EVA J. RODELIUS PROFESSIONAL LIMITED LIABILITY PARTNERSHIP WILLIAM G. CLELLAND (RETIRED) 6300 SHINGLE CREEK PARKWAY, SUITE 305 MINNEAPOLIS, MINNESOTA 55430 July 30, 2015 4/4elia G. Schaff & G. J. Gerochi P.O. Box 21524 Columbia Heights, MN 55421 PHONE 763.561 .2800 FAX 763.561.1943 WEBSITE: WWW.CARSONCS.COM Nelia G. Schaff 1551 Woodside Ct, NE Fridley, MN 55432 RE: 7018 Brooklyn Boulevard, Brooklyn Center, MN Notice of Proposed License Action Nelia G. Schaff & G.J. Gerochi: Enclosed please find the Notice of Proposed License Action concerning the above referenced property. Any questions you may have concerning this Notice should be directed to Brooklyn Center City Clerk Sharon Knutson at (763) 569-3300 or Attorney John Thames at (763) 561-2800. Thank you for your attention to this. Very truly yours, CARSON, CLELLAND & SCHREDER )NY-IN- JW4? Becky Gaffer Legal Assistant Enclosure JEFFREY A. CARSON ELLEN M. SCHREDER Carson, Clelland PHONE: DAVID K. Ross Schreder 763.561.2800 DAWN E. SPELTZ &FAX: JOHN J. THAMES ATTORNEYS AT LAW 763561.1943 EVA J. RODELIUS WEBSITE: PROFESSIONAL LIMITED LIABILITY PARTNERSHIP WWW.CARSONCS.COM WILLIAM G. CLELLAND (RETIRED)6300 SHINGLE CREEK PARKWAY, SUITE 305 MINNEAPOLIS, MINNESOTA 55430 July 30, 2015 Nelia G. Schaff & G. J. Gerochi P.O. Box 21524 Columbia Heights, MN 55421 Melia G. Schaff 1551 Woodside Ct. NE Fridley, MN 55432 RE: 7018 Brooklyn Boulevard, Brooklyn Center, MN Notice of Proposed License Action Nelia G. Schaff & G.J. Gerochi: Enclosed please find the Notice of Proposed License Action concerning the above referenced property. Any questions you may have concerning this Notice should be directed to Brooklyn Center City Clerk Sharon Knutson at (763) 569-3300 or Attorney John Thames at (763) 561-2800. Thank you for your attention to this. Very truly yours, CARSON, CLELLAND & SCHREDER Becky Gaffer Legal Assistant Enclosure NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12-910 of the ordinances of the City of Brooklyn Center, that a hearing before the City Council shall be held on the 24 111 day of August 2015 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non-renewal of the rental license held by Nelia G. Schaff and G. J. Gerochi for that apartment complex located at 7018 Brooklyn Boulevard, Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensees to completely pay the first half year 2015 real property taxes, now due and overdue in the principal amount of $3,550.13, together with any applicable interest and penalties. Section 12-910 subd 3 (b) provides the City Council may revoke, suspend, or decline to renew a rental license if the licensee fails to remain current on payments for all assessments and real estate taxes on the property. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU SHOULD BE PREPARED TO ADDRESS THIS VIOLATION OF THE CITY CODE AT THIS HEARING. Office of the City Clerk Sharon Knutson, AMC City Clerkwww.cityofbrooklyncenter.org.I CITY OF§j:BBQOICLYNCENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY July 16, 2015 Nelia G. Schaff & G. J. Gerochi P. 0. Box 21524 Columbia Heights, MN 55421 RE: Rental Property Located at: Dear Property Owner: Nelia G. Schaff 1551 Woodside CtNE Fridley, MN 55432 7018 Brooklyn Blvd PID# 27-119-21-33-0005 Notice was previously sent to you regarding your past due property taxes. Section 12-901(9) states that as a condition of the rental license, licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there continues to be unpaid property taxes owed for this property ($3,550.13). Property taxes must be paid in full to retain a rental dwelling license. Please submit payment for the remainder of your property taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A-600, Minneapolis, MN 55487-0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES BY JULY 27, 2015, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES IS MADE PRIOR TO THE HEARING. Any questions regarding taxes may be directed to Hennepin County at 612-348-3011. Si c rely, 3 q 4- -^f*Sharon Knutso n, City Clerk City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763,569.3300. Fax: 763.569.3494 763.569.3400 Fax: 763,569.3434 763.569.3333- Fax: 763.561.0717 Hennepin County I B-check property tax payment Page 1 of 2 Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: 27-119-21-33-0005 NON - HOMESTEAD Property address: 7018 BROOKLYN BLVD Owner name: N G SCHAFF & G J GEROCHI Taxpayer name and address: NELIA SCHAFF P0 BOX 21 524 COLUMBIA HEIGHTS MN 55421 2015 taxes Tax Penalty Totals 1st half tax (due 05/15/2015) $5,106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $443.67 Total payable $10,212.92 $443.67 $10,656.59 Net paid - year to date $1,591.48 $408.52 $2000.00 Total Due $8,621.44 $35.15 $8,656.59 Property ID number: 27-119-21-33-0005 1st half tax due through 05115/2015 $3,550.13 Note: If you are using this page in lieu of 2nd half tax due through 10/15/2015 $5,106.46 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting. Total due -2015 tax $8,656.59 There are no prior year taxes due on this property. 1I11 III III Hill liii Jilt UhI Hill ll il lili Ilifi ll l lI 2711921330005 https ://wwwl 6.co.hennepin.mn.us/taxpayments/taxesdue.j sp?pid27 11921330005 7/15/2015 Nelia G. Schaff & G. J. Gerochi P. 0. Box 21524 Columbia Heights, MN 55421 RE: Rental Property Located at: Nelia U. Schaff 1551 Woodside CtNE Fridley, MN 55432 7018 Brooklyn Blvd PID# 27-119-21-33-0005 Dear Property Owner: Section 12-901(9) states that as a condition of the rental license, licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are taxes owed for this property. Property taxes must be paid in full to retain a rental dwelling license. Please submit payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A-600, Minneapolis, MN 55487-0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES BY JULY 10, 2015, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES IS MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as 1 will consult with the City Assessor after your due date. Any questions regarding taxes maybe directed to Hennepin County at 612-348-3011. Sincerely,4^Sharon Knutson, City Clerk City Hall - 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 763.569.3300 Fax: 763.569.3494 Community Center 6301 Shingle Creek Parkway Brooklyn Center, MN 554302199 763,569.3400- Fax: 763.569.3434 Police & t-ire ueparimenis 6645 Humboldt Avenue North Brooklyn Center, MN 55430-1853 763.569.3333- Fax: 763.561.0717 Hennepin County I E-check property tax payment Page 1 of Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: Property address: Owner name: Taxpayer name and address: 2015 taxes 27-119-21-33-0005 NON - HOMESTEAD 7018 BROOKLYN BLVD N G SCHAFF & G J GEROCHI NELIA SCHAFF P0 BOX 21524 COLUMBIA HEIGHTS MN 55421 Tax Penalty Totals 1st half tax (due 05/15/2015) $5106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $408.52 Total payable Net paid - year to date $10,212.92 $0.00 $408.52 $0.00 $10,621.44 $0.00 Total Due $10,21192 $408.52 $10,621.44 Property ID number: 27-119-21-33-0005 1st half tax due through 0511512015 $5,514.98 Note: If you are using this page in lieu of 2nd half tax due through 1011512015 $5,106.46 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting. Total due -2015 tax $10,621.44 There are no prior year taxes due on this property. Ullili 11111 O1 llII 11111 1III 11111 illiUllil II tIM 1ItI I ffI 271192 1330005 https ://wwwl 6.co.hennepin.mn.us/taxpayments/taxeSdUe.iSP?P1d27 11921330005 6/26/2015 Hennepin County I E-check property tax payment Page 1 of Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: Property address: Owner name: Taxpayer name and address: 27-119-21-33-0005 NON - HOMESTEAD 7018 BROOKLYN BLVD N G SCHAFF & G J GEROCHI NELIA SCHAFF P 0 BOX 21524 COLUMBIA HEIGHTS MN 55421 2015 taxes Tax Penalty Totals 1st half tax (due 05/15/2015) $5,106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $443.67 Total payable $10,212.92 $443.67 $10,656.59 Net paid - year to date $1,591.48 $408.52 $2,000.00 Total Due $8,621.44 $35.15 $8,65659 Property ID number: 27-119-21-33-0005 1st half tax due through 05115/2015 U $3,550.13 Note: If you are using this page in lieu of 2nd half tax due through 10/1512015 $5,106.46 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting. Total due -2015 tax Eli $8,656.59 There are no prior year taxes due on this property. 1t1 III III UI1 IIII ifli II1I ilhiUllhl U hlifi till tilE I UI27112133000 https://wwwl 6.co.hennepin.mn.us/taxpayments/taxesdue.j sp?pid27 11921330005 7/2/2015 Hennepin County I E-check property tax payment Page 1 of Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: Property address: Owner name: Taxpayer name and address: 2015 taxes 27-119-21-33-0005 NON - HOMESTEAD 7018 BROOKLYN BLVD N G SCHAFF & G J GEROCHI NELIA SCHAFF P0 BOX 21524 COLUMBIA HEIGHTS MN 55421 Tax Penalty Totals 1st half tax (due 05/15/2015) $5,106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $443.67 Total payable $10,212.92 $443.67 $10,656.59 Net paid - year to date $1,591.48 $408.52 $2,000.00 Total Due $8,621.44 $35.15 $8,656.59 Property ID number: 27-119-21-33-0005 1st half tax due through 05/15/2015 $3,550.13 Note: If you are using this page in lieu of 2nd half tax due through 10115/2015 $5,106.46 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting.Total due - 2015 tax E $8,656.59 There are no prior year taxes due on this property. III 1 I 111 271I21330005 https :IIwwwl 6 .co.hennepin.mn.us/taxpayments/taxesdue.j sp?pid27 11921330005 7/14/2015 Hennepin County I E-check property tax payment Page 1 of 2 Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: Property address: Owner name: Taxpayer name and address: 27-119-21-33-0005 NON - HOMESTEAD 7018 BROOKLYN BLVD N G SCHAFF & G J GEROCHI N ELlA SCHAFF P 0 BOX 21524 COLUMBIA HEIGHTS MN 55421 2015 taxes Tax Penalty Totals 1st half tax (due 05/15/2015) $5,106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $458.17 Total payable $10,212.92 $458.17 $10,671.09 Net paid - year to date $3,656.33 $443.67 $4,100.00 $14.50 $6,571.09 LI $1,464.63 LII $5,106.46 LI $6,571.09 Total Due $6,556.59 Property ID number: 27-119-21-33-0005 1st half tax due through 0511512015 Note: If you are using this page in lieu of 2nd half tax due through 10115/2015 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting. Total due -2015 tax There are no prior year taxes due on this property. 111111 Ill III Ulil liII 1111 H11 hill liii IIM 11ll tIM 1101 II2711921330005 https :/Iwwwl 6.co.hennepin.mn.us/taxpayments/taxesdue.j sp?pid27 11921330005 8/13/2015 Hennepin County I B-check property tax payment Page 1 of 2 Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: 27-119-21-33-0005 NON - HOMESTEAD Property address: 7018 BROOKLYN BLVD Owner name: N G SCHAFF & G J GEROCHI Taxpayer name and address: NELIA SCHAFF P 0 BOX 21524 COLUMBIA HEIGHTS MN 55421 2015 taxes Tax Penalty Totals 1st half tax (due 05/15/2015) $5,106.46 2nd half tax (due 10/15/2015) $5,106.46 Penalty $458.17 Total payable $10,212.92 $458.17 $10,671.09 Net paid - year to date $5,106.46 $458.17 $5,564.63 Total Due $5,106.46 $0.00 $5,106.46 Property ID number: 27-119-21-33-0005 1st half tax due through 05/1512015 $0.00 Note: If you are using this page in lieu of 2nd half tax due through 10/1512015 $5006.46 Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting.Total due -2015 tax $5,106.46 There are no prior year taxes due on this property. 11111 I Ill Ill 111111 Ill 1111111111111111111111111 Ill I 11111111111111112711921330005 https :/Iwwwl 6.co.hennepin.nm.us/taxpayments/taxesdue.jsp?pid=2711921330005 8/18/2015 City Coindli Agenda !tem N©0 lOc COUNCIL ITEM MEMORANDUM DATE: September 23, 2015 TO: City Council FROM: Curt Boganey, City Manag6j SUBJECT: Civic and Veterans Memorial Amphitheater Paver Policy Recommendation: It is recommended that the City Council consider approval/adoption of a City Amphitheater Paver Policy. Background: The Amphitheater fundraising committee has been successful in selling approximately 104 of the potential 576 payers designed for the CVM Amphitheater. Each paver sells for $250.00. The construction of the Amphitheater is near completion and the ongoing operation and maintenance of this wonderful venue is the responsibility of the City. As the owner we have developed the proposed policy as one way of assuring that the ongoing operation of this asset does not subject the City to any undue risks and liability. Our review of the topic involving City authorized donor-recognition inscriptions suggests that it is important to establish a clearly articulated policy so that donors know what kind of inscriptions are allowed and what kind are prohibited. This policy will limit the likelihood of future controversy and potential free speech challenges related to any donor inscription request. While it is our opinion that all of the 104 previously approved inscriptions meet the intent of this draft policy it is not our recommendation to apply this policy retroactively. This policy when adopted will apply to all new inscription applications. The Council discussed this issue at the last City Council Work Session held on September 14t1 2015. The Council consensus was to direct staff to prepare a policy that would combine the features of the two draft policies provided at the meeting (attached). The City Attorney prepared the attached policy which combines elements of the two draft policies. If you find this draft acceptable we recommend adoption. Otherwise we look forward making in amendments that you deem appropriate. Budget Issues: Revenue from future purchased paver will be available to offset City costs incurred for this project. Strategic Priorities: Key Infrastructure Investments IIissio,i: Ensuring an attractive, cleun, sate, i n elusive eununuhlily that enhances the quality of life for oil people and preserves the public trust CITY OF BROOKLYN CENTER CIVIC AND VETERANS MEMORIAL AMPHITHEATER PAVER POLICY As part of the City of Brooklyn Center's Civic and Veterans Memorial Amphitheater, the City is selling personalized payers to be placed in the Plaza of Honor located next to the Amphitheater. Proceeds from the payers help to fund the construction and ongoing maintenance of the Amphitheater. Allowing donor-recognition inscriptions on the payers is intended to promote fundraising. The paver campaign is not intended to provide a forum for public or private speech or debate. The City provides numerous other areas and avenues for speech and discourse. The purpose of allowing inscriptions on payers is solely to allow donor-recognition to assist in raising funds. These guidelines and policies are intended to set forth the permissible subject matter and procedures for paver inscriptions in Amphitheater fundraising campaign in the City. Inscription Restrictions Subject Matter - The paver inscriptions are intended solely to recognize the donor, assist in raising funds, and provide a donor an opportunity to express a commemorative message. The only inscriptions that will be allowed are those that: 1)Contain the name(s) of the donor(s) or family member(s) of the donor(s) (including any official title such as Dr. or Mayor); 2)Contain a statement or expression of goodwill; 3)Praise for people or animals; 4)Commemorate the death of a family member, and in such instances may include the name of the deceased, the words "In memory of' and the deceased person's name, and a date (either the date of death or date of inscription); or 5) Honor individuals, businesses, or groups that: a)Provided service for the City, its residents or businesses; b)Lived or was located within the City; or c) Was a member of the City business, social, or educational community of the City. The following types of inscriptions will be prohibited: • Obscenities, profanities, or vulgar messages • Acronyms that could be construed as obscene or profane • Derogatory messages (explicit or implied) • Sexually explicit messages • Political messages or manifestos • Controversial messages 467800v4 KRH BR291-298 • Messages that malevolently portray, demean or intimidate any group- race, ethnicity, gender, age, religion, socioeconomic, sexual preference, familial status, marital status, political, or other • Messages that are deemed inappropriate for a public park • Messages promoting any government entity other than the City of Brooklyn Center • Messages that contain phone numbers, addresses, and/or websites Text and Layout - No inscriptions of any other kind shall be allowed, and no text other than that described above shall be permitted on any paver. No signs, symbols or logos of any kind shall be allowed. Each paver shall be allowed three lines of text with no more than 15 characters or spacers per line. All letters will be capital letters. Inscription will be centered on the paver. Warranty Payers shall have a five-year warranty. If it is necessary to remove a paver after the five-year time frame, the City is not required to replace a paver. However, the City will not bear responsibility for repair or replacement of vandalized or stolen payers. Procedure The City will communicate these guidelines to potential donors, and advise them that all inscriptions are subject to review by the City and include these guidelines, summary, or reference thereof, in any advertisements or promotional materials for the paver campaign. The City will forward a requested inscription that appears not to comply with this Policy to the City Attorney for review and a determination of whether the inscription is to be allowed or denied. The City shall communicate any denials/rejection and the reason(s) therefore to the donor. Application of Policy This Policy shall be effective upon adoption by the City Council and shall apply to orders for payers that have not been fulfilled by the City and placed in the Plaza of Honor. 467800v4 KRH BR291-298 MEMORANDUM - COUNCIL WORK SESSION DATE: September 11, 2015 TO: City Council FROM: Curt Boganey, City Manag7 SUBJECT: Amphitheater Paver Inscription Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding a proposed policy for future Amphitheater inscriptions. Background: The Amphitheater committee has been successful in selling 104 of a potential 576 payers for the Amphitheater project. Each paver sells for $250. In reviewing the policy by which these payers have been sold we have determined that the interest of the City would be served if the Council established a formal policy. Two draft policies have been provided by the City Attorney with staff input. One policy is fairly liberal in terms of inscription content. The other is more restrictive. On Monday we will discuss the pros and cons of each approach. Policy Issues: What policy should the City Council authorize regarding future paver inscriptions for the Civic and Veterans Memorial Amphitheater project? 11 fission: Ensu,im an atiraduve, clean, safe, inclusive connwnity that enhances the quality of l,fe fir all people and preserves the public frust DRAFT —9 ( CITY OF BROOKLYN CENTER CIVIC AND VETERANS MEMORIAL AMPHITHEATER PAVER POLICY As part of the City of Brooklyn Center's Civic and Veterans Memorial Amphitheater, the City is selling personalized payers to be placed in the Plaza of Honor located next to the Amphitheater. Proceeds from the payers help to fund the construction and ongoing maintenance of the Amphitheater. Allowing donor-recognition inscriptions on the payers is intended to promote fundraising. The paver campaign is not intended to provide a forum for public or private speech or debate. The City provides numerous other areas and avenues for speech and discourse. The purpose of allowing inscriptions on payers is solely to allow donor-recognition to assist in raising funds. These guidelines and policies are intended to set forth the permissible subject matter and procedures for paver inscriptions in Amphitheater fundraising campaign in the City. Inscription Restrictions Subject Matter - The paver inscriptions are intended solely to recognize the donor, assist in raising funds, and provide a donor an opportunity to express a commemorative message extended to statements or expressions of goodwill, and praise for other people and animals. The following types of inscriptions will be prohibited: • Obscenities, profanities, or vulgar messages • Acronyms that could be construed as obscene or profane • Derogatory message (explicit or implied) • Sexually explicit messages • Political messages or manifestos • Controversial messages • Messages that malevolently portrays, demeans or intimidates any group- race, ethnicity, gender, age, religion, socioeconomic, sexual preference, familial status, marital status, political, or other • Messages that are deemed inappropriate for a public park • Messages promoting any government entity other than the City of Brooklyn Center • Messages that contain phone numbers, addresses, and/or websites. Text and Layout - No inscriptions of any other kind shall be allowed, and no text other than that described above shall be permitted on any paver. No signs, symbols or logos of any kind shall be allowed. Each paver shall be allowed three lines of text with no more than 15 characters or spacers per line. All letters will be capital letters. Inscription will be centered on the paver. 467800v2 KRH BR291-298 Warranty Payers shall have a five-year warranty. If it is necessary to remove a paver after the five-year time frame, the City is not required to replace a paver. However, the City will not bear responsibility for repair or replacement of vandalized or stolen payers. Procedure The City will communicate these guidelines to potential donors, and advise them that all inscriptions are subject to review by the City and include these guidelines, summary, or reference thereof, in any advertisements or promotional materials for the paver campaign. The City will forward a requested inscription that appears not to comply with this Policy to the City Attorney for review and a determination of whether the inscription is to be allowed or denied. The City shall communicate any dellials/rej ection and the reason(s) therefore to the donor. Application of Policy This Policy shall be effective upon adoption by the City Council and shall apply to orders for payers that have not been fulfilled by the City and placed in the Plaza of Honor. 2 467800v2 KRH BR291-298 DRAFTZ CITY OF BROOKLYN CENTER CIVIC AND VETERANS MEMORIAL AMPHITHEATER PAVER POLICY As part of the City of Brooklyn Center's Civic and Veterans Memorial Amphitheater, the City is selling personalized payers to be placed in the Plaza of Honor located next to the Amphitheater. Proceeds from the payers help to fund the construction and ongoing maintenance of the Amphitheater. Allowing donor-recognition inscriptions on the, payers is intended to promote fundraising. The paver campaign is not intended to provide a forum for public or private speech or debate. The City provides numerous other areas and avenues for speech and discourse. The purpose of allowing inscriptions on payers is solely to allow donor-recognition to assist in raising funds. These guidelines and policies are intended to set forth the permissible subject matter and procedures for paver inscriptions in Amphitheater fundraising campaign in the City. Inscription Restrictions Subject Matter - The paver inscriptions are intended solely to recognize the donor and assist in raising funds. The only inscriptions that will be allowed are those that:. a)contain only the name(s) of the donor(s) or family member(s) of the donor(s) (including any official title such as Dr. or Mayor); b)commemorate the death of a family member, and in such instances may include the name of the deceased, the words "In memory of" and the deceased person's name, and a date (either the date of death or date of inscription); or c) honor individuals, businesses, or groups through using the words "In honor of. . ." and the name of an individual, business, or group that: 1)provided service for the City, its residents or businesses; 2)lived or was located within the City; or 3) was a member of the City business, social, or educational community of the City Text and Layout - No inscriptions of any other kind shall be allowed, and no text other than that described above shall be permitted on any paver. No signs, symbols or logos of any kind shall be allowed. Each paver shall be allowed three lines of text with no more than 15 characters or spacers per line. All letters will be capital letters. Inscription will be centered on the paver. 467797v2 KRH BR291-298 Warranty Payers shall have a five-year warranty. If it is necessary to remove a paver after the five-year time frame, the City is not required to replace a paver. However, the City will not bear responsibility for repair or replacement of vandalized or stolen payers. Procedure The City will communicate these guidelines to potential donors, advise them that all inscriptions are subject to review by the City, and include these guidelines, summary, or reference thereof in any advertisements or promotional materials for the paver campaign. The City will forward a requested inscription that appears not to comply with this Policy to the City Attorney for review and a determination of whether the inscription is to be allowed or denied. The City shall communicate any denials/rejection and the reason(s) therefore to the donor. Application of Policy This Policy shall be effective upon adoption by the City Council and shall apply to orders for payers that have not been fulfilled by the City and placed in the Plaza of Honor. 2 467797v2 KRH BR291-298