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HomeMy WebLinkAbout2016 07-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION July 25, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous a. Amend 2016 City Council Meeting Schedule 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center July 25, 2016 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. July 11,2016—Study Session 2.July 11,2016—Regular Session b. Licenses C. Resolution Appointing Additional Election Judges d.Amend 2016 City Council Meeting Schedule e.Resolution Approving the State of Minnesota Joint Powers Agreements with the City of Brooklyn Center on Behalf of Its Police Department Regarding the Minnesota Internet Crimes Against Children Task Force ("ICAC") f.Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements g.Resolution Supporting the West Mississippi River Regional Trail CITY COUNCIL AGENDA -2- July 25, 2016 h. Resolution Approving Equipment Replacement Budget Amendment 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Patti Koenig for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. An Ordinance Amending Ordinance No. 2014-07 Regarding Council Salaries for 2017-2018 —This item was first read on June 27, 2016; published in the official newspaper on July 7, 2016; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.3300 67th Ave N 2.6234 Brooklyn Blvd 3.Resolution Approving a Type IV 6-Month Provisional Rental License for 6753 Humboldt Ave N 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt Ave N 5. Resolution Approving a Type IV 6-Month Provisional Rental License for 7018 Irving Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 25, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Brooklyn Center Sister Cities Commission Member Solicitation 2. Street Maintenance Assessment Deferral Appeal 3. Use of Hearing Officer Policy 4. Discussion on the Acquisition of 3 lots within the Shingle Creek Crossing Development PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Fire Department Structure 2. Centennial Park Improvements 3. Solar Energy Options 4. Paperless Packets Report 5. Civic Group Policy – Mayor Willson 6. Mobile Health Care-Related Temporary Housing 7. Lodging Establishment Licensing 8. Body Camera Implementation and Policy 9. Resident Economic Stability – Continuation- (August 8, 2016) City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 11, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan were present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS City Manager Curt Boganey stated that he has confirmed the details for the meeting with Congressman Ellison on August 17, 2016, at 1:00 p.m. in the Phillip Q. Cohen Community Room at the Community Center. He noted it is a good central location and they will be able to provide light refreshments for the meeting there as well. It was the consensus of the City Council that location and details are good. Mayor Willson informed Mr. Boganey that he will be in Chicago on August 3 to 4, 2016. Mr. Boganey replied he will make sure that is on the calendar. Councilmember Graves stated she will be out of town on July 31 through August 5 on a camping trip and asked Mr. Boganey to note that as well. Councilmember Ryan stated the Metro Housing Committee will meet on Wednesday at 11 a.m. to 1:30 p.m. He asked Mr. Boganey if it was appropriate to send an email with some questions he may have regarding housing prior to the meeting. Mr. Boganey replied that is fine. Mr. Boganey stated our complaint has probably been put to the side until that larger issue is dealt with. They are working with the regional Met Council and are putting together their own council. Mayor Willson noted there is a Blueline Corridor meeting on Thursday at 1:00 p.m. and noted he 07/11/16 -1- DRAFT will be attending. Mayor Willson shared a letter from the League of Minnesota Cities stating Senator Eaton and Representative Hilstrom have been selected as the League of Minnesota Cities Legislators of Distinction for 2016. He noted what an honor it is and congratulated both Senators. Councilmember Graves asked if anyone has been to the Chamber picnic in the past and if anyone is planning to go to the next one. Mayor Willson replied no, he has not been to one and will not be in attendance at the next one either. Mr. Boganey stated he may attend if his schedule allows, but he hasn't been to any in the past. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS RESIDENT ECONOMIC STABILITY UPDATE INCLUDING DIVERSE BUSINESS OPPORTUNITIES - CITY MANAGER Mr. Boganey introduced this topic and invited Sam Grant, PhD, Executive Director of Everybody In, to come forward and provide details on this item. Mr. Grant provided a presentation with background, mission and goals for the Everybody In Program. He invited Kia Her, Research Analyst, Everybody In, to give more details on the demographics gathered for Brooklyn Center. Ms. Her stated the ages, races, education, and employment status of residents and how they compare to surrounding cities. Mayor Willson stated the data gathered and studied is very good and informational. He noted he has reached out to the Legislators about it already to see how they can help and get involved. Councilmember Myszkowski stated she served on the Osseo School Board for 5 years and believes the most effective and accurate way to get the data they need is directly from the schools. She stated the schools would have an accurate count of kids who attend their school and live within the district. She stated there could be some discrepancies in the data including children who attend Brooklyn Center schools but who don't actually reside in Brooklyn Center. She suggests looking at secondary scores and ACT scores to get the most accurate preparedness data. Mr. Grant stated the feedback from the City Council is great and he welcomes it. He stated he hopes to form a partnership with schools and in turn will get the data they seek more easily, the schools will start to see the benefit of the program, and everyone will succeed. Councilmember Ryan stated a concern of his is the idea in the communities that the public schools are failing. He stated the reality is that the data shows there needs to be a collaborated effort between the support at home and the school teachers for a student to succeed. He stated the schools are doing their part and feel the community needs to be educated on their role as well. Mayor Willson noted it is important to take into account the City doesn't have a lot of private school options so it is important to ensure the public school system is succeeding. He stated that 07/11/16 -2- DRAFT one of the most disturbing facts is that the City's wages are so much lower than those of the surrounding areas for the same positions. Mr. Grant asked the City Council to make their concerns and hopes for the City public. Mayor Willson replied the City Council has no objection to making their stance on this issue public, he noted they feel it is very important and want to help any way they can. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Graves seconded to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Graves seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. RESIDENT ECONOMIC STABILITY UPDATE INCLUDING DIVERSE BUSINESS OPPORTUNITIES - CITY MANAGER - continued Mr. Grant thanked the City Councilmembers for their time and help with the Everybody In Program goals and mission. He noted together the City and the program can achieve a lot. It was the consensus of the City Council to add this item to the next Council meeting agenda for a status update and further action that may need to be taken. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to close the Study Session at 7:02 p.m. Motion passed unanimously. 07/11/16 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11, 2016 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, Lin Myszkowski, and Dan Ryan were present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4 ROLL CALL 07/11/16 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan were present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. r. tIA'IS] UJ MI 7VI XEI]'JDII WU1 DII P1A Councilmember Myszkowski moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.June 27, 2016 - Study Session 2.June 27, 2016 - Regular Session 6b. LICENSES AMUSEMENT DEVICE Dandy Amusement International, Inc. Regal Cinemas 20 MECHANICAL A & M Heating & Air Conditioning LLC Johnny's Heating & Cooling M & D Plumbing & Heating Marsh Heating & A/C St. Paul Plumbing & Heating GARBAGE HAULER Farmers Union Industries LLC dba Midwest Grease Walters Recycling & Reuse RENTAL INITIAL (TYPE III-- one-year license) 4908 Abbott Ave N INITIAL (TYPE II— two-year license) 5137-39 France AveN 6618 Camden Drive 6532 France Ave N 4190 Guardian Street, Simi Valley, CA 6420 Camden AveN 22280 Tippecanoe Street NE, Cedar 5396 Shady Lane, Duluth 1105026 1h Street NE, St. Michael 6248 Lakeland Ave N, Brooklyn Park 640 Grand Ave, St. Paul P.O. Box 26, Redwood Falls 2830 101st Avenue NE, Blame Aaron Burmeister Josh Benson Hussain Khan Chen Zhou 07/11/16 -2- DRAFT RENEWAL (TYPE III- one-year license) 6611 Camden Drive 7031 Humboldt AveN 3801 Woodbine Lane RENEWAL (TYPE II- two-year license) Crossing at Brookwood 6201 Lilac Drive N 4700 68 " Ave N 150072 n' Ave N 6021 Emerson Ave N 1519 Humboldt AveN 5307 Knox Ave N 4207 Lakeside Ave #220 Jenn-Yuan Chen/Shin Chiong (Missing CFHC) Invitation Homes Tom Prasky (Missing cpted follow-up) Lang Nelson Associates Chufeng Xiong Thomas Le Brandi Schack ShoeMiller Properties LLC Abraham Montemayor Matthew Blackler RENEWAL (TYPE I- three-year license) 501 Bellevue Lane Dragon Property Management 1525 Humboldt Place N ShoeMiller Properties LLC 6c.RESOLUTION NO. 2016-103 AUTHORIZING THE EXECUTION OF A FOUR YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES 6d.RESOLUTION NO. 2016-104 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2016-105 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES 61. RESOLUTION NO. 2016-106 APPOINTING ADDITIONAL ELECTION JUDGE Motion passed unanimously. 7. PRE SENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-107 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2016 EARLE BROWN DAYS CELEBRATION Councilmember Ryan read in full a Resolution expressing appreciation for the donation of the Brooklyn Center Lions Club in support of the 2016 Earle Brown Days Celebration. 07/11/16 -3- DRAFT Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2016-107 Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the 2016 Earle Brown Days Celebration. Motion passed unanimously. 7b. RESOLUTION NO. 2016-108 EXPRESSING RECOGITION OF, AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE Mayor Willson read in full a Resolution expressing recognition of and appreciation for the dedicated public service of the Earle Brown Days Committee. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-108 Expressing Recognition of and Appreciation for the Dedicated Public Service of the Earle Brown Days Committee. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2016-109 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Boganey invited Mike Albers, Project Manager for this project, to come forward to provide a presentation with background and status of this item. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Robert Baker, CFO of Schmitt Music Company located at 2400 Freeway Boulevard, addressed the City Council regarding his concern with this project. He stated he is concerned about the lack of access to his business during the construction. Mr. Baker stated the prime time for business is the 2 weeks following Labor Day, when the project is expected to begin. Mr. Boganey replied that there will still be access for his business during the overlay project. He noted this type of project is less disruptive than a typical residential street reconstruction project and they expect it not to hinder business accessibility. Councilniember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 07/11/16 -4- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-109 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements. Motion passed unanimously. 8b. RESOLUTION NO. 2016-110 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. None wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves stated her only concern regarding this project is the number of landowners who are going to be taxed as a result. She asked if the only way the land owners are informed of this large project is by notice of a public hearing. Mr. Albers, Project Manager, replied that is correct as well as they were all invited to the neighborhood meeting. Mr. Boganey noted the properties in the project are mostly commercial and all have substantial revenue so while the amount of money being taxed is large in general, for businesses of this size it is not as substantial. Mayor Willson noted businesses generating that type of revenue want the street outside their property fixed to ensure the property value of their businesses stay intact. Councilmember Ryan noted the City does its due diligence and notifies all residents and business owners of these projects and ensures they give appropriate notice. Attorney Gilchrist agreed and stated the City does ensure all legal requirements are met to inform property owners of the projects happening on and around their land. Mr. Lillehaug noted in the eight years he has been with the City, he has not seen any property owners come forward with objections about notification after the project has begun. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-110 Certifying Special Assessments for Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements. 07/11/16 -5- DRAFT Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 10a2, lOal. 7006 MORGAN AVENUE NORTH 102. RESOLUTION NO. 2016-111 APPROVING A TYPE IV RENTAL LICENSE FOR 6106 ALDRICH AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 7006 Morgan Avenue North; and, adopt RESOLUTION NO. 2016-111 Approving a Type IV Rental License for 6106 Aldrich Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 28, 2016: Monthly MAC Meeting at the Brooklyn Center Police Department • July 11,2016: Policy Meeting in St. Paul • July 18, 2016: Capital Improvement Plan meeting • July 21, 2016: Neighborhood Meeting Councilmember Myszkowski stated she hasn't attended any events in the past weeks but wanted to report on a book she is reading that helped her reconnect after the recent bad events occurring in our Nation. The booked is entitled "A Good Time for the Truth: Race in Minnesota" by Sun Yung Shin. She stated she highly recommends it. 07/11/16 -6- DRAFT Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • Yoga in the Park is every Thursday at 7 p.m. Weber Park and Fridays at 10 a.m. in Minneapolis Jackson Square. • July 8, 2016: Timber Bay Retreat with 4 other families from Brooklyn Center Mayor Willson stated he hasn't attended any events in the past weeks but wanted to share a letter from the League of Minnesota Cities stating Senator Eaton and Representative Hilstrom have been selected as the League of Minnesota Cities Legislators of Distinction for 2016. He noted what an honor it is and congratulated both. Mayor Willson stated he received a letter from the Army Corps of Engineers inviting people to join them on the Mississippi River's largest diesel tow boat on August 5, 2016, at 10:30 a.m. to 1:30 p.m. Mayor Willson noted the invite is open to the first 50 people who respond. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:01 p.m. Motion passed unanimously. 07/11/16 -7- DRAFT City Council Agenda Item No. 6b IEIllJhi[J I fl V *'A L'A I k'A (ii1WI WJJ DATE: July 19, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk( SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on July 25, 2016. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. AMUSEMENT DEVICE Mendota Valley Amusement, Inc. Metro Transit GARBAGE HAULER Curbside Waste MECHANICAL Deans Professional Plumbing Inc Flare Heating and A/C Master Mechanical, Inc Residential Heating & A/C RENTAL See attached report. 390 Richmond Street E, South St. Paul 6845 Shingle Creek Parkway 5232 Hanson Court North, Crystal 7400 Kirkwood Ct N, Maple Grove 9303 Plymouth Ave N, Golden Valley 1027 Gemini Rd, Eagan 1815 East 41st Street, Minneapolis IWissioji: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL uITEM ' !MEMORANDUMW' Rental License Iby City C . i tuii:&c 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 11-2 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 72 units Greater than 8 3+ units Greater than 3 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. 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Background: Minnesota Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists one additional individual who has applied to serve as an election judge for the 2016 elections. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, soft, inclusive community (11(11 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 APPOINTING ADDITIONAL ELECTION JUDGES WHEREAS, a State Primary Election will be held August 9, 2016, and a State General Election will be held November 8, 2016; and WHEREAS, Minn. Stat. 204B.2], subd. 2, requires that persons serving as election judges be appointed by the City Council at least 25 days before the election at which the election judges will serve, except that the City Council may appoint additional electionjudges within the 25 days before the election if the City Council determines that additional election judges will be required. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individual named below and on file in the office of the City Clerk be appointed to perform the duties of election judge. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Nathan Johnsen Kessie Wilson July 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d [S[i1IJ[SJ I I U k'A U I I4 0) t1I IlIJk'A I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Meeting Schedule for 2017-2018 Budget Recommendation: It is recommended that the City Council consider a motion modifying the official calendar of Council meetings. The motion would re-schedule the joint budget work session with the Financial Commission on Wednesday, August 3rd to one of the following dates determined by the City Council. Week of August 16 - 19 (Tuesday through Friday) Week of August 23 —26 (Tuesday through Friday) Week of September 6 - 9 (Tuesday through Friday) Week of September 13 - 16 (Tuesday through Friday) Week of September 19 —23 (Monday through Friday) Background: Meetings will be held to discuss the development of the budget document for the 2017 fiscal year with projections for the 2018 fiscal year. Revised date: Date Topic General Fund (To be Determined July 25, 2016) Attached is a complete listing of the dates and topics for City Council on the 2017/18 budget. Mission: Ensuring an attractive, clean, safe coninuinily that enhances the quality of life in (1 preserves the public trust City Council and Financial Commission Budget Schedule for 2017-2018 June 6, 2016 Monday Work Session CAFR Presentation and Auditors Report July 18, 2016 Monday Work Session Capital Improvement Plan and Capital Project Funds August 3, 2016 Wednesday Work Session Genera! Fund -Revenue/Department Requests August 15, 2016 Monday Work Session General Fund - Department Requests August 29, 2016 Monday Work Session General Fund - Recommended Preliminary Levy September 12, 2016 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 3, 2016 Monday Work Session Special Revenue Funds, Debt Service Funds Internal Service Funds October 17, 2016 Monday Work Session Utility/Enterprise Funds November 7, 2016 Monday Work Session Utility/Enterprise Funds (as needed) November 28, 2016 Monday Regular City Council Meeting Proposed adoption of the 2017 pay plan, 2017 cafeteria contribution and 2017 utility rates December 5, 2016 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets December 12, 2016 Monday Regular City Council Meeting Continuation, as needed, of recommended budget and levy discussion/approval City Council Agenda Item No. 6e [EI1IJ[iI I NV V 1IL'4 L I *L'A [I) 1I 190 -1 DATE: July 19, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police' SUBJECT: MN Internet Crimes Against Children Task Force Joint Powers Agreement Recommendation: It is recommended that the City Council consider renewing of the Minnesota Internet Crimes Against Children Task Force ("ICAC") Joint Powers Agreement. The purpose of this agreement is to work cooperatively with the other law enforcement agencies in the State of MN to combat internet related crimes against children. Background: On September 16, 2013, the Minnesota Department of Public Safety received a grant award of $347,101 from the Office of Justice Programs for funding to address internet crimes against children. In May of 2014, the Minnesota Department of Public Safety identified the Brooklyn Center Police department as a law enforcement agency with staff who had demonstrated advanced skills in fighting internet related crimes against children. The State followed that recognition with an invitation to join their Internet Crimes Against Children Task Force. There are ICAC task forces in every state in the US and all rely on the partnership with key law enforcement agencies. As part of joining the MN ICAC task force, the Brooklyn Center Police Department will receive advanced computer forensic software and training all paid for from the grant issued from the Office of Justice Programs. There will be no increase in Brooklyn Center Police staff needs to accommodate the requirements of this Joint Powers Agreement, Budget Issues: There are no budget issues to consider, Strategic Priorities: Community Image 111/scion: Ensuring an attractive, clean, soft, inclusive community (/1(1t enhances the quullty of life for all people and preserves (he public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE ("ICAC") WHEREAS, it has been proposed that the City on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers can extend the range of intelligence to better prevent internet related crime against children; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief, are designated as the Authorized Representatives of the Police Department be and hereby are authorized to accept and implement the proposed Minnesota Internet Crimes Against Children Task Force Joint Powers Agreement. The Authorized Representatives are also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 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. SWIFT Contract Number 109603 ORI # MNO270200 Minnesota Internet Crimes Against Children Task Force Multi-Agency. Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ('Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ('Grantee"), empowered to enter into this Agreemenfpursuant to Minnesota Statutes §471.69, subdivisions 10 and 12, and Brooklyn Center PD 6645 Humboldt Ave. N Brooklyn Center, MN 55430 ("Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivision 10. . WHEREAS, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the Grantee is the recipient of a federal grant, attached and incorporated into this Agreement as Exhibit A, disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and WHEREAS, the OJJDP Internet Crimes Against Children ("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the-grant and sub-grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BOA") has designated Donald Cheung as the Commander of the Minnesota-ICAC Task Force; NOW THEREFORE, the parties agree as follows: 1.The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach, prevention, education, and enforcement, to combat Internet Crimes Against Children; and 2.The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards identified in Exhibit B, attached and incorporated into this Agreement, in addition to complying with applióable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC (a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Program contact information is available at http://www.o jjdp.qov/prograrns/proqsummav.aSP?Pi3#ReSOUrceS); and 3. Exhibits A and Bare incorporated into this Agreement and made a partthereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits ICAC JPA...MN Political Subdivision Page lof4 SWIFT Contract Number: 109603 ORI # N1NO270200 prevail; and 4.The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed -by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes § 466,01-466,15, and other applicable law; and 5.All members and representatives of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same law enforcement agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6.The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7.The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within thirty (30) calendar days of the date of invoice, with payment made to Brooklyn Center PD 6645 Humboldt Ave. N. Brooklyn Center, MN 55430; and 8.The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander, or his successor or designee, for statistical reporting purposes; and 9.The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minnesota Statutes § 16C.05, subdivision 5, the Undersigned Law Enforcement Agency's books, records, documents, and accounting p'rocedres and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor and/or the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end date of this. Agreement; and 10, The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 11.The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System ("CPPS") pursuant to the OJJDP guidelines; and 12.In the event future federal funding is no longer available, or if this Agreement is terminated ICAC JPA MN Political Subdivision Page 2 o14 by either the State or the Undersigned Law Enforcement Agency, or if the Undersigned Law Enforcement Agency breaches this Agieement, then the Undersigned Law Enforcement Agency shall, at the request of the Minnesota ICAC Task Force Commander or his successor or designee, return all investigative equipment acquired through OJJDP funding within sixty (60) calendar days of such request. 13.' That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A Investigations by the Undersigned Law Enforcement Agency under this Agreement shall be conducted in accordance with the OJJDP ICAC Task Force Program Standards identified in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for - overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander, or his successor or designee, through the term of this Agreement or until al! federal funds under the OJJDP grant have been expended, whichever comes first. B, The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A, to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander, or his successor or designee. 14.Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15.The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. 16.Term of this Agreement This Agreement shall be effective on the date the Grantee and the Undersigned Law Enforcement Agency obtain all required signatures under Minnesota Statutes § I6C.05, subdivision2, and shall remain in effective through May 31, 2019 unless terminated or canceled, Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to June 1 7 2016 for overtime salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause 13, Sections A and B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency, 17.Venue Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. ICAC JPA—MN Political Subdivision Page 3 of 4 1.Undersigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title Date Undersigned Law Enforcement Agency {Name}, {Title} Date {Name}, {Title} Date {Mayor or Board Chair} Date 2.Department or Public Safety; Bureau of Criminal Apprehension • Name: Signed: Title: (With delegated authority) Date 3. Commissioner of Administration As delegated to Materials Management Division By and Title Date ICAC JPA_MN Political Subdivision Page 4 of 4 City Council Agenda Item No. 6f [Eli IJEiJ I fl U 3k"A UhYA I Dk'A 0) UIi1Uh"A I DATE: July 19, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Manager SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2016-06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project No. 2016- 06, Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements. Background: On July 11, 2016, the City Council conducted a series of two public hearings on the proposed Freeway Boulevard Mill and Overlay Street Improvements. At that meeting, the City Council ordered the improvements and directed staff to prepare plans and specifications for the project. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the September 12, 2016, City Council meeting. Budget Issues: The total project cost is estimated to be $760,000. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. Strategic Priorities: Key Infrastructure Investments i31issioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fbi al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2016-109, ordered Improvement Project No. 2016-06 and authorized the preparation of plans and specifications for the Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) Street Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2016-06 are hereby approved and filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Brooklyn Center for five percent of the amount of such bid. July 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER GOVERNING SPECIFICATIONS HENNEPIN COUNTY, MINNESOTA PLANS FOR BITUMINOUS RESURFACING, CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER, WATERMAIN AND MISCELLANEOUS CONSTRUCTION 2016 FREEWAY BOULEVARD MILL & OVERLAY THE 2016 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" AND THE 2016 EDITION OF THE "MATERIALS LAB SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. INDEX SHEET NO. DESCRIPTIONS.A.P. 109-121-006 LOCATED ON FREEWAY BOULEVARD FROM XERXES AVENUE TO 880' WEST OF SHINGLE CREEK PARKWAY CITY PROJECT NUMBER 2016-06 PROPOSED CURB & GUTTER.........>EXISTING SANITARY SEWEREX STING SAN TARY FORCE MAIN..UPROPOSED SANITARY SEWER > PROPOSED SANITARY FORCE MAIN IIEXISTING STORM SEWER >> PROPOSED STORM SEWER >> EX STING WATERMAIN..................... PROPOSED WATERMAIN W EX STING SANITARY MANHOLE................ PROPOSED SANITARY MANHOLE............. EXISTING STORM MANHOLE..................... PROPOSED STORM MANHOLE ....... ...........0 EXISTING CATCH BASIN........................... PROPOSED CATCH BASIN........................ EXISTING HYDRANT.................................. PROPOSED HYDRANT ........................4 EXISTING GATE VALVE ...................... .......0 PROPOSED GATE VALVE.......................... EXISTING WATER MANHOLE..................... PROPOSED WATER MANHOLE.................. EXISTING CURB BOX.............. ... ...............0 PROPOSED CURB BOX................. ...........S U11UTh' POLE, LIGHT POLE...................... ELECTRIC MANHOLE .................................© 5 BURIED GAS MAIN........................ BURIED GAD MAIN (ABANDONED) ELECTRIC (UNDERGROUND)........... ELECTRIC (OVERHEAD)................. 5 CABLE TV (UNDERGROUND)......... CABLE TV (OVERHEAD)................ TELEPHONE (UNDERGROUND)iii TELEPHONE (OVERHEAD)TO - 3 FIBER OPTIC (UNDERGROUND) .......---_______ FIBER OPTIC (OVERHEAD)............. RIGHT-OF-WAY ............................ PROPERTY LINE ............................ FENCE........................................... SIGN........................................ 0,0, 0< 0 Ca0 SAP 109-121-006 SAP 109-121-006 BEGIN CONSTRUCTION END CONSTRUCTION FREEWAY BOULEVARD FREEWAY BOULEVARD STA 0+23.02 STA 27+39.12 73RD AVE 7fl1p ±1 1 LHHI1j)U1 M.'T Lif I JLI r1 CSAH 130 L1L J69THAVEL J [)/711ff TJIIft E / iiiWt 67 - '2 -" —r II 1\\U UID LJ1 1ii. ft __ c LA J 11F -v I I /1 )Urn,V _ 7(ir /'[*[ 1j CSAH1O Lii )ff y 1 TITLE SHEET2GENERAL LAYOUT 3 STATEMENT OF ESTIMATED QUANTITIES4CONSTRUCTION AND SOILS NOTES5TYPICAL SECTIONS6CITY OF BROOKLYN CENTER STANDARD PLATES7TEMPORARY SEDIMENT CONTROL 8-9 STORM WATER POLLUTION PREVENTION PLAN10-11 CONSTRUCTiON PLANS12-17 PEDESTRIAN CURB RAMP DETAILS 18 STRIPING PLAN THIS PLAN CONTAINS 18 SHEETS. CITY OF=L BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA SIGN ATIJRE: DATE:_________ PRINTED NAME: MICHAEL J. ALBERS LIC. NO. 47074 DESIGN DESIGNATION FOR: FREEWAY BLVD. SAP 109-121-006 R-VALUE .............................................................60 GROSS LENGTH 2716.10 FEET 0.5144 MILES ADT (Current Year) 2016 ...................................3930 BRIDGES—LENGTH 0 FEET 0 MILES ADT (Future Year) 2036 ....................................4430 EXCEPTION S—LENGTH 0 FEET 0 MILES PAVEMENT DESIGN ..............................................ID TON NET LENGTH 2716.10 FEET 0.5144 MILES FUNCTIONAL CLASSIFICATION ..............................COLLECTOR LENGTH AND DESCRIPTIONS BASED ON (U. OF FREEWAY BLVD NO. OF TRAFFIC LANES ......................................2 NO. OF PARKING LANES .....................................2 ESALS (20) .........................................................371.000 DESIGNSPEED .....................................................40 MPH BASED ON SIGHT DISTANCE ...............................STOPPING PLAN REVISIONS DATE SHEET NO.APPROVED BY HEIGHT OF EYE/HEIGHT OF OBJECT ..................3,5/2.0' DESIGN SPEED NOT ACHIEVED AT ........................N/A c I I SCALES PLAN 50' PROFILE 50' 5' HORIZ. VERTICAL PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO DATE: APPROVED: BROOKLYN CENTER CITY ENGINEER DATE:________ DISTRICT STATE AID ENGINEER: REVIEWED FOR COMPLIANCE WITH STATE AID RULES/POUCY DATE: STATE AID ENGINEER: APPROVED FOR STATE AID FUNDING Cal THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS U11UTY QUALITY LEVEL WAS ol ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE MINNESOTA MANUAL I DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-02, ENTITLED STANDARD GUIDELINES FOR THE COLLECTION I SAP 109-121-006 I ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCD) AND PART 'ii,-FIELD MANUAL FOR TEMPORARY TRAFFIC I AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. CONTROL ZONE LAYOUTS'.THE BURIED UTILITY LINE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROXIMATE. CONTRACTOR SHALL CALL STATE ONE CALL' (651-450002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK. I SHEET NO ................ OF ....... .18 SHEETSI I I I" ; I \\ \ - t \ I ' ; \ \\ \ \ ! I I \ I / I I \ \ \ / _ - \ I A 109 -121-- i I \ \ \ / - I r • BEGIN CONSTRUCTION \ /FREEWAY OULEVARD / \ \ \ 65 I STA 0+23.02 ) 1 / / 'I \ \ \ N \ - ' \ r r F / /\\ I. \\\ I r : • ••• ' :; \ \\••\••• . .. 2731'i•• i I .:" :•/../• \ .ri t/1 / I I \ \ I / / , \ \ \ \ /66ZII \ N; / C ' f\ \ /i / ' ( / I ' \ \ \ ' \ \ \ \ — - - _ - t I i //\\\ ii . ,k • . \•j>\ •• \. •\ \ I /1 \\ / 1 \\ I' / i ( , \ * x. SAP 109, END CONSTRUCTION o FREEWAY BOULEVARD :: I /.. STA 27+39.12 32 00 Ld If DID 69 21 00 2 = /• LEGEND CONSTRUCTION PLANS PROPOSED CONSTRUCTION AREA 100 0 100 200 SCALE -, -IFEET --- -_ (1) NO.DATE I BY RE VISION i I HERESY CERTIFY THAT THIS PLM SPECIFICATION. OR REPORT WAS PREPARED BY ME OR IStjI I I UNDER THE LAWS C ThE STAlE C MINNESOTA. I i CITY PROJECT NO.CE j I I _____ I BROOKLYN CENTER I DRAWN BY JH.SM 2016-06 I 12 /I I I CITY OF I UNDER MY DIRECT1SDPI AND NAT I AM A DULY LICENSED PRCI EDONAL ER0H I DESIGN BY JH,SM FREEWAY BOULEVARD MILL & OVERLAY I Sheet 7 I SIGNATURE: _______________________________ DATE: _________ CHECKED BY MA I GENERAL LAYOUT Of I 7/18/16UC. NO.J. SAP 109-121-006MIcHAELJALBERS 47074 DATE I I 7" 18I_I HENNEPIN COUNTY, MINNESOTA PRINTED NAME:I _____________ City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: July 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Supporting the West Mississippi River Regional Trail Recommendation: It is recommended that the City Council consider approval of the resolution supporting the West Mississippi River Regional Trail. Background: A new 15 mile regional trail, named West Mississippi River Regional Trail (WMRRT), is being master planned from Brooklyn Center to Dayton through the cities of Brooklyn Park and Champlin (see attached maps). The proposed WMRRT will fill a gap in the multimodal recreation and transportation system with a safe, accessible and enjoyable off-road trail option. The WMRRT will expand access to the Mississippi River, providing multiple opportunities to "touch the river". Trail users will have access via the proposed regional trail to North Mississippi River and Coon Rapids Dam Regional Parks; Elm Creek Park Reserve; local parks and trails; a series of existing trails including Twin Lakes Regional Trail, Shingle Creek Regional Trail and Rush Creek Regional Trail; and the proposed Crow River Regional Trail. In the future and similar to the Twin Lakes and Shingle Creek Regional Trails in Brooklyn Center, the Park District is interested in creating a regional trail cooperative agreement for the WMRRT in Brooklyn Center. This agreement would formally outline and transfer maintenance and operation responsibilities to the Park District. As the master plan for the WMRRT is finalized, it is expected that trail agreements will be finalized and presented to the Cities for consideration. While 10 miles of the WMRRT are physically complete through Brooklyn Center and Brooklyn Park, there are missing segments and portions of the trail that need to be completed. A 0.33 mile missing segment of the WMRRT is located in Brooklyn Center along Willow Lane, south of 66th Avenue to 1-694 (see attached map). Implementation of the WMRRT and missing trail segments are several years out; however, the Park District is interested in beginning to seek funds for these potential projects. Providing a resolution of support by the City of Brooklyn Center will assist in these efforts, demonstrating a collective support for these regional trail systems. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive conununitj' that en/lances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION SUPPORTING THE WEST MISSISSIPPI RIVER REGIONAL TRAIL WHEREAS, the City of Brooklyn Center recognizes the West Mississippi River Regional Trail as an important component of the regional parks system providing a desirable recreational and non-motorized transportation amenity to the residents of the City and the region; and WHEREAS, the West Mississippi River Regional Trail will provide safe, off-street non- motorized access to existing regional and state recreation amenities including the Mississippi National River and Recreation Area, Elm Creek Park Reserve, Coon Rapids Dam and North Mississippi River Regional Parks, Rush Creek Regional Trail, the Minneapolis Grand Rounds and the planned Crow River and Twin Lakes Regional Trails; and WHEREAS, the City of Brooklyn Center recognizes that the Three Rivers Park District and the directly affected cities, have gathered significant public input in the development of the West Mississippi River Regional Trail Master Plan; and WHEREAS, the City of Brooklyn Center recognizes that the Three Rivers Park District has drafted the West Mississippi River Regional Trail Master Plan and accepted and responded to public comments appropriately; and WHEREAS, the West Mississippi River Regional Trail Master Plan is consistent with other approved local and regional plans; and WHEREAS, the City of Brooklyn Center supports the acquisition, design, implementation and operation of the West Mississippi River Regional Trail pursuant to the Master Plan; and WHEREAS, the City of Brooklyn Center intends to enter into a regional trail cooperative agreement, if warranted, with the Park District formally outlining the acquisition, design, implementation and operation responsibilities of the West Mississippi River Regional Trail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it supports the West Mississippi River Regional Trail Master Plan. July 25, 2016 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. - .' (v West Mississippi : River Regional Trail .1 do p( - Crow-Hasan • : - Park Reserve 40/i, $ ' Rogers F :: o Dayton ) Rush Creek • : Regional TrailCrow River : •. • Regional Trail : Champlin '-• . 0 Elm Creek .. Park Reserve •, Coon Rapids * Darn Reitional Pork Lake Xndependence Regional Trail / Brooklyn Shingle Creek Greenfield C rinpi° Park Regional Trail : 0o Grove I • 0•00 0*0000 0 jr * ..00000.s• o i - I Fish Lake • 0 Reg ional Park -& ' • - Errqte Lake • Brooklin •'North Lake Rebecca : Medicine Lake Reionai Park Center Pill Park Reserve • RIOflffl.TiIl New . Regiorral mssi .. • .. * : Hope Park Siher-wood / • noono .-•---.'.-- ..••.•• Twin Lakes Park Sarah Creek / ....... °° . :cstet Regional Trail Regional Trail Plymouth French • Regional Park • Pshbinsdaie Medina Crystal Lake Independence Baker Regional Trail Park : Luce Line ' 1 Luce Line Reserve : Regional Trail : . Diagonal State Trail\.,.ç 0 1 . R e g ional Trail Golden Bassett Creek ngsw:od Dakota Rail Minnetonka s:::Po.:. North Cedar Lake Park . Regional Trail \ V,roodIono0 • 0•000 •• Regional Trail Gal, Mods Big Island HopkinsFarm Cedar Lake LRT Regional Trail Lake Minnetonka ray St. Bonif ious Lalie Minn torka Glen Lake Edina Nokomis- Regional"Fark Golf & Nine Mile Minnesota Practice Center Creek RiverRegional Lake Min ^1— Bryant Lake*'*' Regionalnetonka LRT Trail Canier Park Regional Trait r Trail Reserve Eden Baker/Carve: Regional Trail \ /Minnesota River Bluffs LRT Hyland- • : 3 Bush-Mderson 0 Regional Trail , •. Lakes Park Bloomington • -le Reserve . 0° AlII. • • N NORTH The Landing nN N8 0 2 4 6 8 Minnesota Valley State Trail Miles Three Rivers Park District II Regional Trail System Conceptual TRPD REioanl Trail System Map prepared by Three Rivers Park District Planning Department -AN March 102016 - ISPO netting - Ssrrrrr Csrmurr. Ee1sr3 Irrol Trot 0 0 0 imrmr Cornry tOrn Suitor] I ccoo Eeim05. Loon Tror.Arrre000rS Nrrdsdn..Soonomo crrmttor, era E,atnng - vlti;ht Cs-tiJ, Enmntinn000rnotioe This GIS Data is provided as j _ wrihout warranty T(?(? i O ve rs o • 0 TPD. 0100 Eomorv5 rrigrr Count(. 0015509 0 0 Cons, coormy. roar EOIr5O at arty representational accuracy. timeliness, or t-—"o wePJrr ErIrngArrroatoO. .- ttivi]rntCOlrty. rlrt000Cln9Atttirn'Onlr urs TW, meson completeness. The user acknowlcdgen and accepts the limitations of the Data, including tire fact that the PARK DISTRICT 0 00 Sr,0 Trot. roontororn9 Data is dynamic are] sin a constant state of maintenance. correct ,-on, and update. West Mississippi River Crow River \:::- Regional Tra il Regional Trail DAYTON \ ANOIA COU It! T\r Regional Trail Extension to / 'SIElm Creek Park Reserve T lm Craolc 'S Medicine Lake rkReseve Regional Trail CHAMPLIN'\ Rush Creek Regional Trail oon Rapids Dam?Regional Park ¼. I BROOKLYN PARK Z^Crystal Lake/Regional Trail V. J 1 Shingle Creek\ ;Regional Trail '\\ BROOKLYN IflI CENTER( i ( i 'rTwin Lakes j J fill NOflhJ 1 -, Regional rail , f/Mississippi YReg,onal Park if\ \ West Mississippi River Regional Trail APIIII2T TRODEoioto - TRPD,VodorConoNoWonOverviewI TRPO. EooWg Locol 1.o-I. 1 4.Anon Sooroh C-idor, Eong Looni Ti al TF PD, Non oon9 A S prO, e d Pn Snnroh Conioo Ucn Eximo 0Th T) TRPD, Non tçprooed .ntnr Fnn - I 0 075 1.5 3 4.5 PARK DISTRICT Shingle Creek Regional Trail BROOKLYN CENTER L/-11T1 'PrTh / r-m -BROOKLYN PARK 1J21±i \H - ^'2- 2^i it If 1 - North Mississippir _ J Regional Park I T un Lakes Regional Trai \— ------ -'_.? I 1(tv F -.. I,I1' /Vfr ANOKA Existing 1-694 111 1 / j -i underpass 71TM IOLIJ1 Vest Mississippi River Regional Trail :i Existing trail segmentSegment D • Proposed trail segment Miles NORTH River Touchpoint & Traithead ThreeRivers 0 0.125 0.25 0.5 0.75 A River Touchpoirit PARK DISTRICT City Council Agenda Item No. 6h [E1]8I1 I N N I1kA L'A I IkTA (I) 1I )11lJ'A I DATE: July 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Equipment Replacement Budget Amendment Recommendation: It is recommended that the City Council consider adoption of a resolution modifying the Central Garage Fund Budget to advance the replacement of the Central Garage Vehicle Lift No. 2. Background: The Central Garage located at the Public Works facility consists of a four-bay, full service vehicle and equipment service center. Three of the bays are equipped with vehicle lifts ranging in weight capacity from 8,000 pounds to 36,000 pounds that accommodate the different City vehicles and pieces of equipment. The lifts are in poor mechanical condition and are scheduled for replacement as follows: Replacement Year Lift # and Capacity Estimated Cost 2016 Lift 1 (8,000 Lbs)$31,600 2017 Lift 2 (13,000 Lbs)$69,600 2018 Lift 3 (36,000 Lbs)$161,000 On Friday, July 15, 2016, the hydraulic system that runs all three systems failed, and is expected to have leaked approximately 195 gallons of hydraulic fluid into the soils underneath the garage floor. This release has been reported to the Minnesota Pollution Control Agency and is expected to be remediated accordingly. The specifics of the pollution remediation are unknown at this time, but could be expected to cost $10,000 to $20,000 dependent on what exposure and impacts have occurred. Based on an evaluation of the vehicle lift system, it is expected the leak may have occurred in the bay area of Lift 1, directly adjacent to Lift 2. With the anticipation that contaminated soils would need to be removed under bay 1 and potentially bay 2, advancing the replacement of Lift 2 and replacing it concurrently with Lift 1 at this time is being recommended in order to minimize project cost and facility impact. An advantage of replacing both lifts now would advance the decommissioning of the old hydraulic system and would also minimize construction impact to the everyday operations of the garage. It is expected that Lift 3 (and bay 3) could be isolated and put back into service with little additional impact at this time. However, if it is determined that Lift 3 is unable to be repaired and made operational under the current scenario, Lift 3 would then be taken out of service until replaced. We are also recommending that Lift 3 be advanced and replaced in 2017. Mission: Ensuring an attractive, clean, safe, inclusive conununitv that enhances the quality of life for all people and preserves the public trust [IiIJ[SJI flI I1k'A UA IiIh'i[I] t1UYAI Temporary portable vehicle lifts are currently being coordinated until the permanent lifts are replaced/fixed. Budget Issues: The 2016 budget includes $25,000 for the replacement of Lift 1. The additional funding needed will be provided from the accumulated fund balance of the Central Garage Fund. Total project cost to replace Lift 1, replace Lift 2 and remediate the contamination is estimated to be $121,000. Also, an insurance claim is currently being considered and will be pursued to reimburse any qualifying expenses. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION APPROVING EQUIPMENT REPLACEMENT BUDGET AMENDMENT WHEREAS, the City of Brooklyn Center's Public Works facility contains three vehicle lifts that are in poor condition and scheduled to be replaced; and WHEREAS, the vehicle lift hydraulic system failed on July 15, 2016, and is expected to have released approximately 195 gallons of hydraulic oil in the underlying soils of the garage bays; and WHEREAS, the vehicle lifts are essential to the mission of the Central Garage; and WHEREAS, vehicle lift 1 was scheduled for 2016 and vehicle lift 2 was scheduled for 2017; and WHEREAS, replacing lift 1 and 2 and proceeding with the anticipated contamination remediation concurrently would minimize project cost and impact. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the 2016 equipment replacement budget is hereby amended and the City Manager is authorized to proceed with the purchase and replacement of vehicle Lift 1, vehicle lift 2 and the potential remediation of the hydraulic oil release at the City of Brooklyn Center's Public Works facility. July 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PATTI KOENIG FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION WHEREAS, Patti Koenig served on the Northwest Hennepin Human Services Council Advisory Commission from May 26, 2015, through July 6, 2016; and WHEREAS, Patti Koenig has made significant contributions as a member of the Northwest Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the human services needs of the community and how these needs can best be met; and WHEREAS, her leadership and expertise have been greatly appreciated by the Northwest Hennepin Human Services Council Advisory Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Patti Koenig is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. July 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a S[S1IJ[iJ I I I DIk7A U I 3k'A Li] 1aWI L]JA!A I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Ordinance Amending Mayor and City Council Salaries for the 2017 and 2018 Fiscal Years Recommendation: It is recommended that the City Council consider adopting the second reading of an ordinance setting salaries for the Mayor and City Council for the 2017 and 2018 fiscal years at two percent above their previous compensation levels. Background: Every two years the Financial Commission is required by the City Council Code of Policies to review the salaries for the Mayor and City Council and recommend any changes that may seem appropriate. The Financial Commission has reviewed the salaries in comparison to a specified group of comparison cities as outlined by policy. The data on comparison with those cities for the years 2011 through 2016 is attached. The Financial Commission met on Thursday, June 16, 2016 to review the attached information and make their recommendation. Following a discussion the Commission unanimously recommended that the Mayor and City Council salaries increase by 2% for 2017 and 2018. The Commission cited that the 2% increases were consistent with recent staff wage adjustments. They also noted that the Mayor and City Council salaries were "frozen" for 2015 and 2016. The first reading of the attached ordinance was approved on June 27, 2016. Subsequently, notice of a public hearing on the ordinance was published in the Sun Post newspaper on July 7th, 2016 as required by law. Following input from the public, it is requested that the Council vote on the new ordinance establishing 2017 and 2018 salaries. Minnesota Statutes require that such an ordinance be adopted prior to the general election and be effective following that election. The ordinance will be adopted prior to the general election and will be in effect January 1, 2017. L?Budget JILISSUCS: Under the recommended proposal, the wage adjustments for the Mayor and City Council will increase in total by $963 for 2017 and an additional $981 for 2018. If approved, these amounts will be incorporated in the 2017 and 2018 budgets. Strategic Priorities: • Financial Stability Jiissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for oil people and preserves the public fiuist CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of July 2016, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance 2014-07 Regarding Council Salaries for 2017- 2018. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2014-07 REGARDING COUNCIL SALARIES FOR 2017-2018. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2014-07 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2015, is hereby amended. Section 2. Effective January 1, 2017, the annual salary for the Mayor shall be $12,083 and the annual salary for Council Members shall be $9,251. Section 3. Effective January 1, 2018, the annual salary for the Mayor shall be $12,325 and the annual salary for Council Members shall be $9,436. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ,2016. Mayor A mmT'Clm. i-Il IL,iJl. City Clerk Date of Publication Effective Date (Underline indicates new matter.) MINNESOTA STATUTES 2013 415.11 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History: Ex1967 c 42 s 1,2; 1976 c 44s 34, 2009 c 152 s 17 Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. SECTION II— GENERAL POLICIES CUy Council Code ofFohcu?-s 2.05 Policy and Procedure on Mayor and Council Member Total Compensation 1. Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. 2. Policy A.Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. -.However,-the compensation of Brooklyn Center elected officials shall be fair and • equitable in order to attract qualified candidates for local elective office. B.The propriety of the compena1ion levels of the Mayor ad Council Members shall be evaluated through comparisons with - compens?i9n paid to similar officials within the seven county metropolitan area. C.The compensation levels of elected officials should be regularly reviewed and adjupted to. ensure compliance with the objectives of this policy and to avoid the -- need for drastic or sudd ncompenathDn adjustments. D.Compensation set pursuant to this policy,aiid procedure shall be deemed to be total compensation for elected officials of the City with the exception of expen reimbursement which shall, be the same as provided all other City employees. 3. Procedure - - A.The city Manager shall bienpially prepaie . opmpeustiorepO.xt that contains an analysis of the compensation paid to elected officials of'MjntteapolisSt Paul Area Metropolitan cities .haviig a population -within 1000 of the City of Brooklyn Center that are 'generally fully developed {suoh.gtouping shall include the cities of Richfield, Roseville, -Maplewood, -Fridley, Shoreview, White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brocklyn Center-} - Thp report shall -compute th average aud median amounts paid to Mayors and Council Members nd, correlate survey results to the current - copensatipñ of Brooklyn Center elected City officials. The City Manager shall assemble such addifioni information on compensation of City elected officials as maybe .requested to assist the .Commission and Council in their review of elected official's, compensation... B.The City Manager shall submit the compensation report to the City Council and thç Finalicial Cpimi.csion prior to ,Tune l for information pertaining to the applicable calendar year. - City orsroa/dvn center 08114/06 ,. • , . Page 20? - i) COy Council Code of Policies C.The Financial Cojiixnission shall biennially review the City Manager's cOmpensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D.Consistent with the City Charter, Section ..07, the Mayor and Council Members may, after conducting public bearings, set their compensation by ordinance. No change mi c6mpensaUon sliiall be in' effeôt until January 1, following the next succeeding general election. 4 Authority * The authority for establishing córapeflâfiori f* the Mayor and Council Members is found In Minnesota Statutes 415.11 and the City of Brooklyn Center Charters Section 2.07. - * . •. 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(Ca) a) a) 0 CON-OS-C 80 N-0 03 a) cc cc 0 '- N - cc N- 0 0 a) 0 0) 0000 a) 0 N- N 03 03 CO Cc) N- 03 N- F) a) a) a) '0 Cc) '0 0 03 a) cC)0 c)OCOCO (CL 0-O)C0CC) a)a)ccOccs-ccOCOa)C') 0 N- N- CO 0) cc Cc) N- CO N- 0 CO 0 1)3 0) N- CO 0 N-2 C')ccO..-Cc)a)ccC')cccc a) a) 003 N- cc - 0V cc ccc 0 - a) cc o 0 a) Cc) N- C') ) -.Q 0 a) cc a) 0 N- C) C')CO CC) C') 0 N- CC) C') a) 0 0o.00303C')a)a)a)a)a)a) 00 CI cc,4) -cu 0 04) 00 oo 4)4) >0. 'LLI '5 O 4) 0)Cc)- o 20 mu Co 00 cccccctn co Cc 0C) ccc'.. 'cc00. 00 City Cimncill Agenda Item N©0 10a #1 S[I1Bk[iI I U I Dk74 I!i I Mk'A (I] 1I WJYA1 DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3300 67th 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 3300 67th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-01-2016 The Owner, Sergey Kunin, applied for renewal of the rental dwelling license for 330067 th Ave N, a single family dwelling. 04-18-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 05-23-2016 A second rental inspection was conducted and passed. 05-31-2016 The previous rental license expired. 06-07-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1ik'[J I N N N M'A U I Dk'A (I) 1I WA I 06-07-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-24-2016 A Mitigation Plan was submitted. 07-06-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or 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 all people and preserves the public trust ii[I1BJ[SJ I fl I I DIhYA U I k'4 (I) 1I P1lSJh'A I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (11/people and preserves the public trust [Ei1lJ[Ifll *I'A B I(I)1II1IJ'AI 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 conuinunity that enhances the quality of life for all people and preserves the public trust i1lJ[J i I I IIk'A Uh'A I DkYA (I] 1I 1IJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 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 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 51813.01, Subd. 2 (a). 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 1k!issioji: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJS1 10 v v av u I a 0 ii iisi I 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 BUTLDINC AND COMMUNITY STANDARDSCityf AM ROOKLYNMLBICHCENTER Rental Lic e nse Mitatkn Plan Type VLi cense HdwriL1n MWgttoi Ps will not he fepted. A Mable form can ba found an the-Ci t y's we-bit or ca ll (763) 589-3330 to have an electronic copy s entto you via e ma il. Property Address: 3 3N 671h AveN Owner's Name): S8ry I<unln Owner's Address: 23 Thoreau C ircle, BvEdy, MA01915 Owners Phone: (1216-2151 awn&s Email: sR tAnin@00mc8i:gt.net Local Agent(s); Ag e nt's Addres s: Agent's Ph o n e: Agent's ErYlail: Current Expiration D ate ' /Z Jf?/:Pending Expiration Date - (SLt nteAt rrm cu rre dtioa:l 11 ^,2bjZq (ee,, Based on property conditions andfor valldated police nuisa nce idni, the above refereried pmpert qualifies fora Type V-6 Month Rent a l Licee, Prior to application approval by the City Cot] il a fully complet e d Mitiiri M a n rnrst he completed and approved by City slaff. A Mitig a tion Plan must be completed immediately in orderto ensure timely complet i on ofth tioenise a p plic a tion ptooess. The Mitig ation Pani should indicate the slep9 being L1en to c o rre ct identified violations arid the measures that will be taken to ensure ong o ing compliance with City Ordinances and applicable codes, A Mitigation Pl a n allows the owner and the City to review conc e rns and ldertify possible soluti o ns to improve overa l l conditions of the propeflyi tf the Mlligation Pl a n i not ubnifttef and all itenis are not completed within the pending license peilod, or the abo ve property operates beyond the license expiration data, enforcemert actions 5uc1i as citation, formal cornpIah, or license review may result. Before a ubmltthj llP-cut Sections A 1 B. a rid C lo c ated on pags 2 3 3 4 and S. Page Is Ty M z'Jiri P ;-T4-T5 City PF aid CommunityStarLdEadE Dep a kftftent CJ1 ShirigJ Crh Prciiy rcjkJii Cir'1ç M1 3O -21 I Phirte: (76) -333 I TTY 711 j F - (76) -3O AIIIIIIIIIIIIIIII -- BUILDTNG AND COMMUNITY STANDARDSCity of BROOKLYN 3300 §1LhA Reiitl License Mitigation Fan Typo IV L1iie Sections A.--Cthno Free Housing Progra m Require ments Phase I [] 1) Use wltten lee agreement. The lease aeernerL shall include the Crime Free Housing Addndurn. A CopycttIie lease agreement nd Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. [] 2) Agree to pursue the termination or lee agreement or eviction of tenants who violate the terms of the lease or ary addendurns. T-71 3 Conduct crmril baekgrourid cho1 for all new propecUve terars If it is a current tenant a new background thec1 Is not required. Must be bIe th provide docurn1ion to City If requested 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses cen be found at vnwixnnopamet under the Thainfag and Eventtb, A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crimp- Free Housing training was n'ipleted on/is scheduled for: Owner or agent ntended/is planning to aIiecl training at city of:FVJ 5 Submit Monthly Update by the le day of each mouth. Phas 41 2'omnptete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an Inilial tfo1Iowup Security Assessment, call (76-3).569--3344, A follow-up assissmont must be completed before the license exp] ration date to verify the security Improvements have been implemented If a Security Asaessmerit has been previously corpletad, write the completion date. I '1Security Assessment was completed on/is scheduled for, Security Assessment follow-up was completed on/is scheduled Icr I I Gontliiue Sections A Phase Ill on page Page 2ffi Typ fVnti Ltei ti U-L!VM a PJs Re! i 4-Y4- City of ik1yit cr1i and Cnmurdty StaAdaicls Uparlmcrt A/ j riQkt nnkr ir 6301 ShIrI CrEek PEtrc'ay, EkIyr cir, f',N 410-210 I Phone: I 1T(; 711 1 FE 47f3 5632fl - BUILDING AND COMMUNITY STANDARDSCity B1)QrCLYN 3O7u Ave Rental License Mitigation Plan Type IV License Stkbi A—Crime Free Hushg Frcgrern RequI renjents (othued) Phase III [] 1) Ower Or agentmill attend at minimum 50% (2) of the ARM. rnetings, The ARK metirigs must be cQmpkthd within the rental Ile ese period and before the pending Type IV License 6xplration date. Registration is not required, however you must sign-in dwirig the meeting. Mite two nieeting dates an ownet or agent plan t,. attend. / Cirr or agent will attend AR1 meetings hedu1ed on: 'i/I Lid ,/Have no repeat code Wolations prevIoLr1y docrnnd wTh the past year. The following tion rquire-d for propthe with four (4) or more uffliL EEl ¶) Conduct resident training in uI1y that includes crime prevention techniques, 2) Conduct ruler resident rneein, P4917 M ry.L--N RriF) Rev. 4-14 City Ofrcok1y Cmer—uidirtg qi mwbhy Si3ndards Dep1avnj 00i Sh1q1e Ck Prcy, BrokIyn CeiThei 1 Mb M41 Pbnr Ci3I 3-3I I IVY: 711 1 BUIL DUNG AND COMMI -ONM STANDARDSCity of AB J Rental Lrensc PlanCENTER Type IV License —Lcng Tenn CepItf Improvement F/eii Based on condifiori and a.Qe, estimated replacemrit d ates need to be provided for common capital items. Funding should be considered ccordinly. Items that are brken worn, or otherwise in vll1kin prior to the estimated replarementtat need to be repleced sooner, All items must have a date for E-stimatod Rep!crnent bee. Dates such u4jneur&"don't kw or whm roken' will it be accepted. If you aTe unsure of when an itern will need to be replaced, you can make a prediction based on the aQe, eppernc, condition, or nufcturendustry recmrnendations Additffonal Information on, Expected Useful Life on be found atwwwhutgov. Item Date Last RpIad Conditiont Expected Replacement Date Exmpi: Wa ter Healer Mey 20W F My220 Furnace 2020 Water Heater 200 N Kitchen Appliances 201S N 201 Laundry Appliances 2005 2020 Smoke Aemist ,- —1 Carbon Monoxide Alam's Eerior euiis F W17(lidovis 19215 2016 Roof 15 G 2020 Fence 1B05 G-200 Shed _______ Garage Driveway 195 -F 200 -- Sdek CondiLktn AbbrC'.'i;3tkfl MrwN GnthC Far--F Ned plieril=R Page 441 TpVRaFuiiiip Pkiri, Rev. 4-14T5 C11y f rio1dyn --BELiidn Cornmthy tai&&th Dtmni 01 Shi Ole Cee1c kjn OnI.er, f 64 N 9 5430-211) D I P?ion P&.) 6 Fil-:31) 1 TTY 711 Fx: 73) 60-iU BLPLLDINC AND CONIM11Nfl TAND.ARDS XBR(&:^ULYN Rontal Lliense Miti g a t i o n PlanCCl Typ e -IV Licen s e Scios C--Steps to Improve otPropry The items in this sectian have b e en proven to asst wi th property rnement and property image, The tol!ow1tg actions are required: 1)Chec -ln with tenants every, 30-days. 2)D rive by property to check for pos s ible, coda vi1Uors. LjLJ 3) Evict tenants in vio l ation of the tee or any addendums, 4 Remain cJrrenton all ufflutyfeea, tae, asessrnt, fi nes, penalties, and other financial claims/payments due to the City. fl 5) Other: - The fotbwiiig actions are tkna I unless required by the Cliy, 1)Provide Iawn/now service, 2)Prov]da garba g e sennice. D 3) Install security system. 4) Provide maintanance seMce plan for app1inces, Name of service comp a ny: - LII 5) Other: lithe Typo IM Month Rental License is approved by the City Crouncli, the licensee must comply with the approved M itigation Plan and all app l icable City Codes. A written report must be etbmitted by t he 1 day of each month with an update of actions being taken by the wnar andior agent to comply with this igtin Plan. A copy of the Monthly Update cark be found on page 7. A fillable form can he found on the Citys abite at vcityrookyncen(er.rg or call (76 3):56 14L3330 to have an etlectronio copy sent to you Va email. Please atta ch addItional i n fo rmation If necessary. Page Sin C1rytdyn CIM-U r—B uIlding and Commun partnil wi 6 301 Shin r: Prkwiy, 8rt,1dyit Cnt, r1N 54O-2 1 rl I Phcni 7) -3E Fly; 7 I I F BUILDING AND COMMTJNITY STAN-ARDS XC1BRO 3IJ 7th A'e N Rental Lic e n s e Mit iga tion PlanTER Type iv Lic e n s e Sign and VeFify [verify that all infontloi provided is true and accurate. I under-staid that if I do not comply w]h theapproved Mitiga tiort P la n , comply with at l Items within the icen period, or operate b e yond thelicense epiratn date, enfo rce -mont notions such as cRalions, forrna complaiiit, o r lIonse review m ay reulL Sbrgey Kunir OLro -Agejfl Mani e a el d T11 (FYease Prin) k:rnth u*1 ii Ownsrii rAo.flfSlyj; Dae 4irøne1 Owner and Thee f pJiFo Fa Addtiqri.al clr or A p ni S1 Date sta ff Only CA 5 PoIce DCptrflr)( LvX7/ sosy'sarram pswnr1t Date - 7--LZSLA^- ^ Date psga &z flp #V Rr C'?9 Pin, Ji. 444 city t f BWOKYA Center-11v il d ingand Com muidly Sde Depat1miit 0201 Shin[e Creak Paray , Ekda kl yn Gonlu, PAW M 4 24-21-914 Phn; (763) -'] F TTY, 711 1 Fa x. (763) 530 City Condil Agenda Item No. 10a #2 ES1IMSJ I U I I 3k'A U I k'4 (I) UI flhJ I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AW16Yt SUBJECT: Type IV 6-Month Provisional Rental License for 6234 Brooklyn Blvd 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 6234 Brooklyn Blvd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-29-2016 The Owner, Thomas Johnson, applied for renewal of the rental dwelling license for 6234 Brooklyn Blvd a single family dwelling. 04-28-2016 An initial rental license inspection was not conducted. No access was provided at time of inspection. 04-30-2016 The previous rental license expired. 05-12-2016 A second rental inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 06-03-2016 A $300 Administrative Citation was issued for renting without a license. )I'Iissio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [[I1IJIIJ I fl I I M4 U'A I MhYA 0) 1WI I1IJ I 06-13-2016 The $100 reinspection fee was paid and rental license passed. 06-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-22-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-05-2016 A Mitigation Plan was submitted. 07-06-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. 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 he presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iI[I]SJ[iJ I fl M 1k'A U'A I thYA [I] 1WI t11J I 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[I1SJ[iJ I fl U k'4 U'A I ak'A (0) 1I IIIJIYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves time public trust 1[I1U[iJ I fl I I ak'4 U I 3k' (I) 1'II )lIIh'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I -3 Year 1-2 units 0-1 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License 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 Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the pu bile imitsi [i[O1IJ(iJ I i I MkA Uh'A I Dh'A II] 1I I1SJYA I 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 (JuI(Illtj' of life for all people and preserves the public trust BUILmNG AND COMMV NITY STANDARDScltyof BROOELYN - Rental Ltcerisø MtItIon Plan Type IV License HarldwriftOn MWO UbnMans will not b- aptd. A fiable form can be found on the Cty website a ityofbrookIicntr,org or a]l 73) 6333O to have ai electronic copy ni to you Via email 234 Brooklyn alr-.yJ. HPL/u/rr!,*T..j...n<t Thomass M - Johnson - OwnesAddis 114 W. 27th. r AA 4 j mplB nm 59408- - I OWner&EniaU 1 30-15 -- I- -- - - Tbomas M. JohnEa!) si.114 w. 27th.t ! Er.p1, rir 5402 L2_72714 itlii Ti Ite - Il L k .niirtit.rJ- r Based on property mn4ifions andlor vedted police nuilsoce in dents., the elove relecencedproperty qualifies for a Type IV-6 Month Rental License, Prior to pptication a.ppmval by the City Council'a fully ooripeted Mitigation Plan must he completed and approved by City staff. A Mitigation Plan must be completd immediately in otderto ens.ii re timely completion of the license application process.. The MfflaLLon Plan should indicate the steps being ten to correct lderflfled %faolatlona and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. .A Mit1gaon Plan allows the owner and The City to review ono-ems and dritify poas.ib!e solutions to improve overall condiffons of the property. If the Mitigation Pan is not si,ibmited and all Jter'na ere not completed Within the penduig license psriod, or the aljoy property operates. beyond the lcns.e expir2tion date, enforcement actions such as fomial comp'aint, or license review may rcuft. c ---Before submitting, fill-nut Sections A S, and C located on pages 2,, Rage IM Type ?VJ1 • city CR1er—Ei! and ityt dt DpiilmentUX I 80,ln OLa CM C ?iar El f QqN hFii Center, MN 5 6421 0 1 FJire: {71 EG 2-J M10 t Ui; 711 1 Fa T} 9-3]O BVThJMNG AND coMMuNrrXBRNLYN - - PROPERTY ADDRESS Rental License MWgatkiiPlan Type IV Licnsec Ous - Phase! 1) Use 2 ltten lee 2rerrenL The leaseagreement shall include the -Grime Free F1ou&nLsase Addeiclurn A copy of the lease areern8nt and Crime Free Housing Lease Addendum, must be attached to the Mitigation Plan when 5ubrnittad. 2 Agree to pirsue the temilriation or team agreement or eviction of tenants who volate the terms of the lease or any a&lenthirn. [jJ Conduct criminal b2ckroird check for all new prospective tenants. If it e current tenant a new background check is not required. Must he able to provide uienttion to City if equted, [J 4) Attend a City approved elght.hour Crne Free Housing training course. Inhmation forapptcved courses can be f0und at %%YW.mncP2.net under the Training and events t2b. A copy or the Crime Free Housing CerVfcate must be attached to the MiF[atIon Pr when submitted, Crime Free llcu&rig training was completed onIs scheduled fr t,f q/ vce Owner or agent atteridedils planning to attend training atdty of: - - 5 Submit Monthly Update by the 101h day of eecli month. Phase 11 9 1) Complete e $ety Assessment and imPtemont iMprovernente. requested by the Brooklyn Center F'oNce Departmeril To schedule an inita1 or follow-up Security Assessment. call (78) 59.344, A follow-up assessment nut be completed before tha Ikense expiration date to veir the security improvements have beenimplemented. It 2 SecurIty Assessment hag been previously compkted, write the completion date. Secu competed anill s scheduled for -2g1 Security M essment follow-up was completed oiJis scheduled for: I l.-2O.-ftI1 Continue Sections A Phase 111 on page - 2IñTypo 444t Communfty Slandards Depailrnenj rff 61 5hingI cr Bro ynItr, &E4o-2i I cii T) 7T 711 I EO T3IU INC AND COMMUNITY STANDAWSXB tyf YNOKL NTER H H 1 Rental LicenseiItEt1gation Plan Type IV License Sections A—Crime Free HOVAIng Program Requfrernents (iflhireo) Fhe tn 1)Owner or agentwifl attend at n1nmum 50% (2) of the ARM, mting. The &R.M. meetings must be completed within the rental Fconse period and bfre the pending Type IV License expiration date. Registration Is not required, however you must sIgnin during the me&irig. Write two meeting dates an owner or agent plan to attend, Owner or agent will attend AAM- meetings -scheduled on 7142O6 8201 2)Have no repeat code viblafjons previously doijrnented with the paint year, The following actlans are required for properties with four (4) or more Units. 1) Conduct residant training annually that Intrudes crinle prevention toinIqies.f 2) Conduct regular resident meetings. TYPA W Ik,n City f ]3rk1yn a muniy Standards Dpm1rnnt vjwwdr4r 6,301 E-ttin;ki CFO k PErky, fl4ri c-ntr, MN 554SO,21 Fhie 73J O-3O I TTY-711 t F 783 E-33' BUILD WO AND COMMUNITY STANDARD SCit! of BROOKLYN . J Renta l Li4ense Mi tfgmion Pl a n Type IV License S e ctions —Lon Term CpataI Imprvnu Plan Bed on contfltfon and age, esft a te d re pl a cement da t es ieed to be provided f o r co11rnori capital items F1Jrding should be con5tered xordinry. ll e rns that are broken, worn, or otherwise in violation prior to the estimated replacem e nt date need to be replaced sooner. All items must have date br Estimated Repla cement Dale. Dates such as:"un s ure', dont kn 6me l i or u w h erl broke n" wTIJ not be ooepted. If you are unsure o f an kern wilt need to be replaced, you n make a prediction based on the age, appearance, condition, or manufactiirindustr-y rconirnendtions, Additional information on Expea l ed Useful Life can be found at wvwhudgov. Item FximpI: kVter1-ater Furnace Water Heater Kthn Appliances Laundry Appliances Smoke 41arm/ Carbon MonildAlamis Ederior Items Cate Last Replaced May2OW fay 2004 May 260 4 )jij 2 007 none Con diti en a E x pected Replacement Date F 44,9y 2020 May 2024çi m a y M ay 2024 1..1-17 Faint/St1ing Roof 3-1 5^141 ^1 15344 Fence UnuWI _____1J524 Shed Garage abad o none - Sidewalks Unkflo}lfl Cc'nditiuri Abbre1atiri Fa ir--F Needs ROp!rmriI=Ni=N kf^Dl 4 f'ew: 445 and &; 6301 fllr Crak Prkiny 1 Crllii Cer1r, PAN 5E-O-219 I PJi'ri; -3 ] 1T 711 1 Far: I63, E3[4-33EO B1JILDINO AND CO-MMUNITY STANDARDS X)-E3tRc(:') o OKLYN 52 -y bi,'d ,- _III] Rental License Mitigation PjaCel Type 11V Licenso Setjons CSJi tImpmvo M tgemet and Conditions of ProperLy The Uons In this section have been proven to assist with property management arid property image The following lions are required: if Check-in with tenants every 3days, 2) Dive by property to check for possible coda violations. j 3) Evict tenants In violation of the lease or any addendums. 4' Remain current on a ll utility fees, taee, seFent, fines penalties, and other financial daimslpayments due to the City- 6) Other: The following 0 01tions are optional unless required by tha City. service, j2) Provide garbage servic e . [J ) Install security system. J 4) Provide maintenan service plan for eppliances. Name of service company,- D 5) Other: If the Type V-8 Month Rental lJen.e is approved by the City Counci, the iicensee must comply with [lie approved Mifigalfon Plan and all ppiable City Codes. A written report must be submitted by the tO' day of each month with an update of actlone being taken by the owner an d1 agent to rnply with thTs Mitigation Plan A Copy of the Monthly Update ca r be found on page 7. A fillalla form can be found on the City's wabFte at w ityofbrooklync ter,or or call (Tffl) 593330 to have an eIe-cronio copy sent to you via email. Floase attach additional Information If neeesary. Rev- city ci DroaMya C&r LttkH1 nd Ernmttty a'rd pIn± ON Shirjle Cree Prhy, erxi)Jri Centef, riN 40-21 1 Plicir (7) 3-33U I lTr: 711 1 Fax; (76 5-33E3 AND COMMNiT SThNDARD XRO OIcE1?N 234 brok1ri blvd RntaI Lene flitiatloi-i Plan Type LV License Sign and V.r[fy I Jecl1y that all informaVon provided is true and accurate, I und rrid that if I do not comply with the approved MiaUon Plan, conipytIi all lriis within th,e llense period, or operate beyond the license xpirtIi date, enforcement actions such as Cilatlona, formal complaints, or license revfw may r&a. Thomas N. Johtlofi -- -- Owrw ür An M&R-ia ond T(& JRewe Prin t) Ocr 'r 4gen Sgi,iy d (ppe. Pwi) Lori Owner fxrA gprij $ggo Lirvfo (ft AppJith'e)Dale Cky A f 4 Y 0 l P!içe DexWmrt Da te i!)7Q91) Cri'nwiy Sndrd P001 . -647 N tL?J Lki!- N5 1, IQ ign. 1. 4b r? FY--- ---, City Cimndll Agenda Item No. lOa #3 [S[S1IJ(SJ I fl V ak'A I'A I aIL'4 (I) 1I WJ I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jj14fl,M41lAXi5L SUBJECT: Type IV 6-Month Provisional Rental License for 6753 Humboldt 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 6753 Humboldt 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 previous license was a Type IV Rental License issued on April 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on March 31, 2016 and one that will expire on September 30, 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 is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life - - for all people and preserves the public trust [EIIJJ[IJ fl I M L' I hY 0] 1I P1IJYA I Current rental license approval activities (expires 03-31-2016 and 09-30-2016): 09-30-2015 The previous Type IV Rental License expired. 02-12-2016 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 03-31-2016 An initial rental license inspection was conducted. Ten property code violations were cited, see attached rental criteria. 04-20-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-04-2016 A third inspection was conducted; corrections complete with the exception to the weather deferred item. The reinspection fees were not paid. 05-23-2016 The $100 reinspection fee was paid. 06-03-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-03-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Previous Type IV Rental License approval activities: 03-31-2015 The previous Type IV Rental License expired. 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 09-11-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and passed, but the $100 reinspection fee was not paid. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-28-2016 The $100 reinspection fee was paid. 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1i1IJ[J I fl I I abY1 LA I M4 0) 1I IJ I rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-24-2016 A Mitigation Plan was submitted. 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 11-12-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 12-30-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 01-30-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-06-2015 A $300 Administrative Citation was issued for renting without a license. 02-18-2015 A third inspection was conducted and passed. 03-02-2015 The $100 reinspection fee was paid. 03-17-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-31-2015 The previous Type IV Rental License expired. 04-09-2015 A $600 Administrative Citation was issued for renting without a license. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2015 A $1200 Administrative Citation was issued for renting without a license. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $2000 Administrative Citation was issued for renting without a license. 06-18-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 06-25-2015 A $2000 Administrative Citation was issued for renting without a license. 06-25-2015 A $250 Administration Citation was issued for not submitting a mitigation plan. 07-21-2015 Sent mitigation plan information to owner in order to complete and return. 07-22-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 07-21-2015 Sent mitigation plan information to complete and return. 08-05-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for al/people cud preserves the public trust IEI1II[* I N I U ak LA I 0] UI PUA'Al 08-24-2015 A $1000 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed. 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. 10-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Prior Type IV Rental License approval activities: 12-06-2013 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 12-31-2013 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 02-26'2014 A second rental inspection was conducted and failed. Weather deferral was granted for exterior painting. 03-31-2014 The previous rental license expired. (Property was vacant until 10-01-2014.) 05-21-2014 A weather deferral inspection was completed and passed. 06-03-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-27-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-30-2014 The rental license expired. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for till people and preserves the public trust [II1SJ[IJ IU I I MYA L'A I 31k74 (I] 1I t1IIh'A I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1i1IJ[iJ I fl I I MY4 Uh'A $ k4 0) 1I flhIk I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust kI1IJ(IJ i U k'A Uh'A I M'A (1) 1II )1IIhY I 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 11-2 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 1 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License 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 I Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1I1ik(iJ I U U Mk'A S'A I k'A (I) 1II I1IAi 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 6753 Humboldt Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (11/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 6753 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6753 Humboldt Ave N, is issued a Type IV Rental License with an expiration date of March 31, 2016; and WHEREAS, the property located at 6753 Humboldt Ave N, is issued a subsequent Type IV Rental License with an expiration date of September 30, 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 6753 Humboldt Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 6753 Humboldt Ave N, Brooklyn Center, MN. July 25, 2016 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. EtflLDENG AND COMMEThUTY STANDARDS Xty fOKLYN Rental Lic e n s e ML1affon Plan Typ e [V U ue rw e Hrdwr11en MItlgaIion Plans wifi not bea cceptecL A flu a b le foern one found on the C i Lys 1,jebsite at ww.ltyf lyeritet org or cal (763) 693O to hveiy e llektronic copy sent to you v ia email.I - L Propert'j Add ro: Hunb u ldl:Ave N, Brcik?,n MN 543O - Owner's Name(s): Men Polas and Local Agent): - Owrr cklre: -Clr D YA-ns Patti, Rorn.urA, MN 55068 Cmners Phone: (51) 216 Owner's Email: mcmrthDo.corn CurnM Ex .piftior Date; V^^01 A g ent' s Mdr; A9aiit$ Phone: Agents Email: Pending piTetion Date: f/?ur(ffl l]nI Based on p prty ordltions and/or vaIidatd p o lice nuisance iident, the above referenced Pro p e rty qvaEifles for a Typo IV-6 Month Rent1 License. Prr to applicati o n approval by the City Council a fully completed Mitigation Plan must be om plated and a pproved by City staft A Mi t iga tion Plan must be complete d lnimeiateiy in ordi to ensure tirne1,' ompleUon of th license pp[ication process The Mitigation Plan should i n di c ate the steps being taken to ootrect idenflsd volatlons arid the mea s ures that will beta ken to ensure Onguing compliance with City Ordirince ond Ei ppJicable codes. A MiUgaion Plan allows the owner and the City to review oonc•erns and iden ti fy pos s ible solutions to irnproe bVerall condil ions of the property. If the Migatioi Pla n is not s ubmitte d , and all it-am s ae riot c ompleted within the pending tiense period, orthe above propriy operates beyond the license expiratiort fate. enforceniert actions such OF, citation, fwmal complaint, or Uifle reñew may result, F3 0-o re aubi-nlltJnç FIJI-out Sections A 1 13 , and C lo cated on pages 2, 3, 4, and S. p . V kill J'1w 4-4- kuttunity StAkidarciz Dplu311 6Firjli Cr 0rr.kn cit'r. ?(N 5540-1 i 7J5s3-33o I M: T11 I F;cEe.314 llD]1G AND COThWNITY STANDARDSr Ctyfie1W'Ro O!tLYN Ave N, BrA<n cr, CENTER 543t) Rental Lera Mitigation Plan - Typo IV Lictaxise Str A—Crfmo Pr ing Program qriremeiits Phase I 1)Use a written lease agreernon, The lease agrrnen( shall Inrbide the Crime Free Houslnq Lease Addendum. A copy of the lease reernoiL and Crime Fr louing Lease Addendum muI be tthchoi k the Mitigation Plan when submttecf. 2)Agree to putsue the termination or Wase agreemit yr eviction of terjants who violate- the Ierrns qf the lease or any ddenunis. 3)Conduct ctthiial background for aff now pxospecive tens If it is a current teranta new backrQur1d check is not required, Must be able to provide documentation to City if requed, LKIJ 4)Attend a Cit' approved eight-houc Crime Free Honing training tQume, lnrom'iakior for approved cuses can be k'urt at www.rnIcpa net dorHe Trimg iamr Events tab. A copy of the Crfme Fra king Certificate must b atthed to th MitigationFan when submittL Crime Free, Housing training waEi completed 011Fis scheduled For-- cwneror agent at1erideclJis planning to attend training at city -Ownr_-- 5) SubmIt Mthly Update by the 1O day of enh month. Phase If 1) Complete a Seouriiy AsessFnnt and impiomerit Enproiements requested by the Riolyn Center Polite DepartmenL To schedule on initial or fotiowup SurIy Assessment, call (763) 50-3344. A foHow.Llp asessnient must be competed before the rre expiration date to ver1y the securily improvemb have beenimplemented. If a rty Assessment has been priously cornpteted, wrife the compteii date. Security Assessment was completed anris schatfulecI for Securily As entf1low-p was completed onIi scheduled for: 422u11 Cnt1rwe Soo-etilana A Phase IFI on page 3. Pyi, Rgv. 4I4i City Of rkIyn Cntew—Buildingtt GammuARV pttm 0101 Cr arrakF'ii Cn1r. MN 4afj-2jgg I PJ1Ce1F.47,33-JW,,-3 3 'Lj3 I Tfl: Y11 I 1U1LD1NG AND COAMUMM STANDARDS BRCCl IIIN 55450ENT EIR 53- HriMb:X%JC Ave N Brt'n Rental UcenFru MItIoArAon Pran Type IV License SectiQne ACr1rne Free H&n Program Rcuirerneit w('i5nd) PIis(R FE [iII 1) Owner or agent wilt attend at minimum Q% 2) of the ARM. meetings, The m e-a t i nns must he conipkted within the rental license period and before the pEndhig Typo IV Lue expiration date, Registration 15 not requir, however you mirt sigri-n d wing the meeting. Write tvo meeting datez an owner or agent plan to ttnd f Owner or agent will .ltend AR.M. meetln ched1ulec . 11fl€nd 2) 1-lave no repeat code violatlons previously documented with the pt year. The follololffigactions ao requirecl for propartios wh four 4) or more unit, i conduct iresident, training annually that include. crime prevention techniques. J 2) Conduct reuar reldent meetings. 444-f5 City Ofi•I1yn t—Bni1di19 aibd C0MMV-TLLtY 5tnd r LC 5lIng-le C-mk Prlay, ri terfler, MN 43-219 I Picn: (Th) -3D I M711 I Fa: 7C -&' mJILDING AND coMMtThrry STANDARD S X.ER t6RlYN AveN 6cctyn C'nr ,FAN 65430 Rental Ucemse Mitigation PlanENTER Type IV License Seion B—Long Trt c?pt! Improvement Based on ciiion a ndage, e stirn at ed rep la cement dote need to be provided for Qmmon pt ite m5,Funding should be considered a ccording2y, Items th a t -a re broken, worn, or otherwIse In violation prior to ihe estimated repl ace ment da te ed to be replatd sooner. All items must ha de for Estind Oate5 5 iih a: 'Unure' "don 't knw" o r 'when brokn will not be ac c a p ted, If you are un s ure of when an ltri will need to be replaced, yu n prdLion bas a d on the ge, appe a ran ce , condit io n, at manufactutelindustry reco mmendation s . Mditional info r m a tion on Expo rte d Uefu1 Life can be found at 'ihrd.ov. Item Date LaM Repfac od £xnipe; Vter He,i!&r Ma y 200 2012 Watar Hr Kitchen Appianca LauOry ,Applia nces 212 Smoke AlamI C -an Monoxide Alarms 2015 Exttir lfe PlalnUSiding 20113 MEcJ1Icn win 200 9 Roof .210-PRU09 Fencj^WA Shed Garage 20-15 Drive way - Sidewalks Other -, Condltiori Lxpe-cted Repl a cement te 2020 G 202 5 G 2022 N 203GAsccdali on F - 217 20 30 2 02 5 A$$ciajDn Cndiban jErUt: Nw=N LF F NJ R?n1=R TS1W f V R3 12a L k0me FAWOAb R Nw J4- City of14901yja C Iu]1diILg and Co mmunit y St arLd2ad,, Dop k ktmcii 6U1 Creek rcoIy Qn!r, MN 5'-i I P.h 763) E4Q I 1TY: ri i i Fc 3) E64o BUILDING AND COMMXMWY STANDARDSXB Rc(,: HUfll1dt Ave N c.fyn CfltEr, Rental Lbene Mitigation PlanENTER - UN U430 Type IV Licenzie Stion C--Sfep fprovE MrgemetL nd Cand1tks of Prop e rty The 1tem in this section have been pmven Wassist with property manaernent and, propert', lmge. Th fO1lQwin actfons are requlroth [] I) Ch -.in with tenants every 30day. r—el 2) Drive by prciperty to chak tcr possible tode violations, ) Evcttenan.h violafion of he le or any dndum bd 4) Remain current on all utility fees, assemens, fines, penaltie. a rid uther financial daim.s1payrnentsdue to the City. ou-ier The following actions are c'ptknal U Mess required by The City. 1) Provide iwriIsnow ar''i, j2) Provide gaba eMce. [I] ntaii eruriy sy$tem. 4)Piovide maintenancetervice plan for appliances, Name or service company;._________________________ 5)Other,— If ihe Type IV-6 Month Rental License lapprved by The City CounciL the licensee must comply with the approved Mitigation Pn and all applicable City Codos. A wrLtaji report mit beubmiLtd by the iO fl' day of each i-nonth with on update o1actro,s being Laen by the owner adTcr agent to cQmply with th:fs M1tigaton Nan. A copy of the Monthly Update can be found on page?. A iIlaIe fomi can be found on the City's website at vi.cly rook nenter.or or call (73) 693330 to have an etootrnic copy nto you via email. PJeso aftacli additiotial information If rteessaiy, p& R. 4-4.5 -iy f Jr iykt Ct uiTing ni CommunkyMandax4s bepartmemt krrg62i]1 ShingtorcThIyn Ci1er, UN 6430-219 1 Phone: 5-33 TT?: 7 1 1 Fx:(7E3f5_3J BUILDING AND CO 1TJMITY STANDARDS MN 55430753 Hinnbol A'i N Broc4in 'enter, Rnta1 Lcenso Mitigation Plan Type IV License Sign and Verify I verify that all irifmation piidd is true and acoij rat&, I urtxnd that if I do not comply with the apprwed klftatlon Plan, comply with atl iern5 within the riense period, or opairate beyondthe license expiitipn dee, enforcrnt actions such o5 c3tatiGn, formal cornplits, oF lics ilse revrew may result, Mo'38n hlasmd r1;1r) - Qm3r or Ageyv 434riififfe Date Adfov& and TWO Of Applicab,e, Pk.e AfktRiorml ri,er or Agorit Siufo (fbi) CFty sta ff only Pbk7e Depadmewt De Tysm L' lty C1f 'kjY iCOMMUnitYS1EkYv&=L J±rn 6Q1 5Jiin CkPrky. CenI, FJ.IN 5'-j Phcri{763 -o J 1T( T11 I E-3D BUILDING AND CODTh1UNIT1? STANDARDSr Ciyof BROOKLYN RentalCENTERi.icon Mitition pjr Typo LiGenso Thndwr1tfr MWgthw Plans wilt nol beac cepwd A fillaMe form can be found on the Cty ebite at .ww rrtyothroklyncnter org or call (762) 3330 to hen e1etrorLl 'py sent to you V12 eFflIl I Property Addr 73 Htnbldt e N rHjn Cnir pMN 66$30 '- el,wner's Name) 1uri F1F} Lal Agni(s): Owner' Add reE: ri P!h, R!mrunI, M14 556 Agent's Address: Qwrer, Phonc: ('1) 2e13638 Agemt75 Phone: Diinea Email: mz?T1hcJcLcon1 CurierL Jpiratiori Date: 1 J ((p Agents Email: Pending Expition Date,-, 9/ nr1 CtiirnI Based on property conditions anWor validated polio nuianco Incidents, the above referenced proptnlyqualifles fora Typ9 IV-6 Month Rn1al License. Piiqrto application approval by the City Council a fully con1pted Mitigation PIn musthe completed and approved by Cily tafL A Mition Plan must be Co mpleted immediately in order to Enre timely completIon of the Ficone appliøtion prcca, The M]tiation P'an should indicate the steps being takon to correct dtifld violations and th mea:surcjs 1ht will be taken to ens .rre noIng compliance with City Ordinances and pplicbIe codes, P Mitigation Pieri allows the cwner and the City to review concerns and identify pnssibfe solutions to I iove overall conditions of ITie property, If the Mliition Plan is not Ubrrii11ed and all Item ere not completed within the pending license perlpd, or the above property operates beyond the license expiraffun date, eriforcementartions such as citalin, formal m pl a i n tor Iicnse review may recult Before submttin fill-out eectirs A and C located on pages 2, 3 4 and - - Typri I iBir?, R. 4-4-15 -Y ofB100314A OtithxBi11 tbi and C t.iiiiy 8Ui G hirj! CrEek P.arq. 8 rc1yr Cnk-r, lN Q') 5E350 TTY 71 I FB - E62I 1flLD1NC AND COMM1ThWY STANDARDSTMM65430CENTER NrIrn Center. RI - Type IV License Sectio n s A—Crime Froo Housla-4 Prm Raquirements Fhaso 1) Use e wfitien lqw9e agreement. The lease agreernentsshall include the Crime Free HousIng Laasv Addendum. A topy oftiio lease groomrit anci Crim Free HousIngLe Addendum mut IM attached to the Miflgatkn Fan wF'ier uimftted. JJ 2} Aree to pUSLe the tennination or l e zve agreement or evkin of lenants wh the terens of the lease or any addendirns. ) Conductenminalbackground check Foraltnewprospeedwe tenants. IfutigacurrGnt terint a new barkpid check is not required. Must be able to provide documentatim to CE1Y if retd 4.) Attend a City approved eight-hour Crine Free Housni tralnizig couie, lriformatln ar 8pprcwd cour can be found at wwivnincpa net under the T Jr?ing and i5lahnIs tab.A copy f the Grim Free HOusing Certifate rniiL be attached to the MJtItor)Pla.nwhensubmtEted. Crime Hcuair trainiti was compieb2d nrs schc1uled for: I11ti 1__— Owner or agenttt'?J1dedTis pla n ning to attend train ing t city cit Owner St.rbrrit Monthly Update by the 101h day of each month. ph-ase II J 1) Corrplete a Seurity sessrnnt and mpferrent rnprcoements requested by Brooklyn center PoRe Department. 7c , athadule ar initial r fo)low-up 5eurftyAsessment. cal 763) 5-3344. A follow-upstl1Lrnut b oornpkitE.dbfor The rIcOn GO explrathi date to verlfV the security imprQvments have been Implemented. If a Security Aerniert haa been PrOviously completed, write the oonpleHon date. Security Aessment was cmp1eted OrIrls shdufed for: Sex'mity AsenienUoI[ow-p was cimpIeted bnIi ch1u led for: Continue Sec[icna ?i Phe III on Fr F City Of Ordoldyn C cirgII I TTY; 11 BtIILDING AND COMMUNITY SThND&RDS CENTER ILYN F5E4 N, Cenbr, J Rentall License Mitigton Pi License Sections A—C,nm F Hosing Program einent (ottirnid) Phase m 1 Oritor agent wIfl attend at rnIrimun &}% 2) of the ARJ'A. ming. The A.R.M. iiiootInq must be completed with In the rental license pefiod and be1or th pridirW Type IV License expton dab, Registraflun is not required, however you mi151 sFn-]r during the rneeling. Wrii two meetill0dates an owner or agent plan to Owner or agont will ftend A. meetingssched ud on: M VIC, and_q&L [] 2) Ha no repeat code 1IfrtjQn prviousiy doumente with the past year. The following actions are reqi1red for propertlas with tour (4) or mere units.0 i Conduct r?sidenttralnlrii anrally that includas Qrirne Prevention tahnques LII 2) Cndut regular residon eetinis. ?ww I V I SILV1 P fIJ 4-14-t5City a OtOOMYn 1rij31{ULg aud COMMUnIty U&Mda-rds Deparitmew6:J 1 SMrI Crçc Cr1r1 MN E54-21 I Prne. 7 3j -act1 rrv; I FSK(763) 50P,1,116a flTThLDIMC AND COMMUNITY STAND21WS ,1J%LYN f jrnboJdj A N, rcc1n enIr, Rtar Liconse Mitrgatlor Pthi - - TypeLe Sttbis E—Long Thri" CpiI lmpravern ent Pthi ied on criditin and ago, esUrnated repernent daten need to be pr1dd for Common tapit.91 Fndftig shDuEd be considered, ccordirgiy. items that.are. broken worn, or ohrw45 in violation prf Io the estimated pkacernit date need to be repfiCid sooner. All Lem must Jiae ade fti- Estm.at Rpfacrntif D.e.Datias suchas, lluinwre", "don't knowl, or 4 rwhsnbroki§nll will riot bia acccepted. If you ato un-sure of when an ltE' will need toD be rp1ed, you canprediction ba se d or the ago, a ppearari, condition, at mnufcure/indutry ecornrne.nc11iQn. Additional i3iformation on Expected Ufffl Uf ri be buM at wwh,idgov teni Date Last pLaed ErnpJe: VCwer M.y 20W Furnace WE'r t-1er 2013__-- KicJien App4adices 21115 Laundry App1ianos 201 Sn'ok Airm/ Crbri Munoxide Alarms II - ribrIfls 2O1 'Nindows Rf 200ebT 0 6 9, Fnce FJb - Shed 201 AsEi0ri OTher; Garage Drivew'j CondItl]- Expted Ropternent Date F May 2620 2022 G G G 2022 - 0 2925 N2036 iion &17 2030 202 fl.cdallur candIIion .Abe.IIiri: QcadG Fai=FReeds Replacernenl=R • ..",' Ty rvL Ujr P'&t R 4-1Cir ].cyi er—itdIJL,and th1nIe Cr1 Par%way, I3rrxiIcIn CnIET, JAN 5543D 1 PJiq: çroi ;•o I TY 711 J JT: IY} E8c' BtT1MNG AND COMMUNflIt STAMAPDSCity of ROOKLYN N,ror]ctyn Cei!, R€l Un PiF gatiôri Plan. - Type IV Lkere Stioris G-eps tO ImPmve Alan a gentc-ntand CrcIiioiis bfPwpery The Lern in this Saction have been proven to aif with piperty m flgernent and property irna& The 1dllowlnp attri aro req iIred [] 1 Gheckin with tenants evty Oday. 2} OrJ'ie by property Ila check for p5ih[e code violation, I?J 3) Evict tCrints in W.Ion of the fiae or arL [] 4 Remain arrrent on all utility tees, ernents, fl n, pe.naltie, ar ithr flrincL1 clai4irmnts due to The City. fl 5) Olhor - Tl f0ciwInp actit onv are optFnel unless rqired by the CJty, 1) Pride lawnsnow service. El 2) Provld athae 3) Install seouri4r system. LI 1) Provide rnalntemnce srvie plan fat ?pprianc.s, Name of ser%elcie ccrnpary: -- Li ) Other: If the Type JVO Month Rental Uense is app'ed by lhe -Cky Ccuncil the lioen;ee must rDmpfy with the appred MitIatri Plan pod. all applb!e (hy Codes, A wrftten roprt in ust besubite by ffl 1Q day of each month with an update of acllonsbaln5 taken by the owner]nior aritto compry with this Mrtigtioti Plim. A copy ofthe Monthly Update can be round on page 7 A flrlabte form can be round on the Cits Website at WPcityofbrookiyncenterrg or 7) 560 to have n et-Mr copy ant to you via email, Ptae attach additional Information if necessary. POSIP 511i Ty JY Mki PMvi, 4-T4-5City f z nCeri1dig and Ci!nE epallme-Imt 001 tirI rkPak;r ar62n Gvrru, MN 5541C-Zi 1 Phr: t7E3 I TTY: 711 i Fa. 1j BUILDING AND COMMUNITY STANDARD SCity tfBRIOC:r)3R 01MYN C Cl RIN -HAWENTER e 753-Hu lilt rbn Cnt RFI L i cens e M it fgafior Plan Typo IV Litfmw Sri and VPy I uiiify that all lnrmation provided is tar& and accur ate , I uric stand th a t if I do nt Co mply with the a pprove d Ptkm Ptn, comply wiTh allitems within th erse period. or operate bGycnd th Iietise expiration date, enforcrnnt actions such as cithtiosorrnai Qmplair't, r licen review nay result. Merj M.id iOrie) Owrner A^it(Nari77 Ti (A'eie Aqtj 1a01 or A SJnarr2 Date rd Owrerr A gerr )JAppi!i) Oare City s taff On 'y PQ.9 &eprFrnr Li9 C irnui rI Dhirr?7'ir 2^,Z-AL tV Tyr*fVRnr R-'.ift f iktyat Ccatr—uildht n'G5nWnL131Ry Sf a rjdZLr4J5 DEj3 ;LrJ n-kt nt 6301 Shirgkq Creek r-p dj%,0 qy, Sr ççli-i Cri1, JAN 55E-j Ftri:76) 1T 711I FEM0,763)rU59-3-33 i) City Cowidil Agenda Item No. 10i #4 [S[I1IJ1 I fl I I Dk'4 UhYA I Ø'4 (I] t1I I1I1 I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk44 11 4j#C SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 6765 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on April 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [III1II[SJ IU N U 34 I'A I MhYA (SI UI 1IJ1 The following is a brief history of the license process actions. Current rental license approval activities: 02-12-2016 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 02-28-2016 The previous Type IV Rental License expired. 03-01-2016 An initial rental license inspection was conducted. Nine property code violations were cited, see attached rental criteria. 04-19-2016 A second rental inspection was conducted and failed. A $100 reinspection was charged to the property. 05-03-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-18-2016 A fourth inspection was conducted and corrections completed. Reinspection fees have not been paid. 05-23-2016 The $200 in reinspection fees was paid. 06-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-03-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Previous Type IV Rental License approval activities: 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 08-31-2015 The previous Type IV Rental License expired. 09-11-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-18-2015 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 01-19-2016 The $300 reinspection fee was paid. 01-28-2016 A fifth inspection was conducted and passed. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Es1sIcJ i • i u i u i a te iii iisi i license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-24-2016 A Mitigation Plan was submitted. 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 11-10-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 12-30-2014 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 01-30-2026 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and passed. 02-28-2015 The previous rental license expired. 03-02-2015 The $100 reinspection fee was paid. 03-18-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $600 Administrative Citation was issued for renting without a license. 07-21-2015 Sent mitigation plan information to complete and return. 07-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 07-22-2015 A $1200 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-04-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I1BJ[iJ I fl U U 3h!'4 L!'1 I 1W4 (I] 1I I1IJi 08-24-2015 A $1000 Administrative Citation was issued for not submitting a plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed. 08-31-2015 The previous Type IV Rental License expired. 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Prior Type IV Rental License approval activities: 07-22-2014 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-30-2014 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 08-31-2014 The previous rental license expired. 09-03-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-14-2014 A citation was issued for $300 for operating without a rental license. 10-15-2014 A third inspection was conducted and failed. All repairs were completed however broken glass pieces were not picked up and remain a safety hazard. No reinspection fee was charged. 11-05-2014 A fourth inspection was conducted and passed. All glass pieces were removed. 11-10-2014 The $100 reinspection fee was paid. 11-10-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-01-2014 A $125 Administrative Citation was issued for failure to meet the Action Plan requirements. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. j1Jjssjoiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI]JJ[IJ I N I N DIhYA L I Dk 0) 1I I1H I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IEI1IJ(iJ i S I Mh'4 L I ak'A (I) 1I I]BA'ii 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 (11/people and preserves the public trust [I[I]JJ(SJ I UI V M'A U I Øk'A (I] 1kI t1IJ I 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 11-2 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). 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 S or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [Ei1BI[iJ I N I 3k'A I I akTA (I) t1SJ1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6765 Humboldt 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 6765 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6765 Humboldt Ave N, was issued a Type IV Rental License on April 25, 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 6765 Humboldt Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE W Rental License is hereby approved for the property at 6765 Humboldt Ave N, Brooklyn Center, MN. 25, 2016 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. BUTh1J mc AND COM1VIEm' STANDARDS XCI y fOKLTN LeI-$? aton PlanNTER Type IV L1vnse rdWrfln Mdx9Mon F!ns vñHi cceped A fihIabl fmi can be foUnd'n the Cityts website at or call (763) -330 to have anonic csen to 1.You viae-mail, / ii4 Properly Address; 7 -HUrnbolclt Alkle t raoIpi Cent,MN 5E4Q Omer's Ni): FIaeen Maciod Local Aent(: Owreia Address: 313 C1 Pith, Rciflwit MN M068 Owner's Phone; 5) cIrwn r's Email: moenni1corn Current ExpiratIor D1e /3-9 / (( Agents Addres nt$ Phone: Agent's Ernail Pendfng Expiration Date: onlh. f(cm rurran1qxpLTjk} Based on PPiy conditions andlor validated pnlice nuiswioe incidentG r the above refexeried propErty qvlifles for a Type IV Month Rental Llene. Prtorb apicafon apprQv1 by the CIJ Conoil a fully COMP lee Miigaion Plan must be completed and approved by City staff, A MitiaUo Plan must be completed irnrrediat in order to en timely comptlien of the Ilse pr1cation process. Thel0itigation Plan should indicate the steps being taI -en to correct ldeiitifed Violations and the measures that will be taken to onsure bngoin rnpliance with City Ordinances o 6 applicable A Mitigation Plan allcAvs the owner and the City to review conens and identify poible solutions to lmove overall conditions Of the r3mp erty. If the Mitigation Plan is not i2bmjfted. and al iem renot cornpeted within tkg rending licellsi, period, or the above property operates bCyond the license cjiration data, enocemen1 aiions such as citation. format complain, or liCCn5e review may esult Befora submItting, fH-tit ectioris A B r and C located on paces 2. 3,4, anti ri FVWLiw. 44-5 Citr EiakIya eri1—Bu5idütg n-" 1y p4mint wviiir rc ç Fkway Brathtri C'criler MN 5j-1 () 455 TTY: '.1 11 fa (73 55!'-S3EJ] - BUILDING AND COMMUNITY STANDARDS O)KL(N 7Hiinbok1 Ave N, BrDoidyn Rental Lheno M tkni Pari Type IV License ttcre ACrtm Free Hou stni Program R"airea pon fs 1)Use written kaa agreement. The 1eae ar ementshlliflcIuce the Crime Fre Houng Lease AddErum. Apy of the te agroamentand Crime FrAm I1iuslrLeseAddidirn must be athed te the MIttathri Plan When submitted. 2)Awe to pursue the tern7ifnari br ease aampment or eviction of teriants who the terms of the ise o'y addendums, Conduct crim frial bE1ckqoLrnd check for el new p rO$pecive twins. If It s a currenitananta new background thock is not raqLiir?d. Must be bre tc prcyide durnentationto City if rusted 1) Attend a City pppvsd eight-hour Crime Fe Housing training course. hifrniation for - pprovd courses Call he found at vovo. under the Trkthig and Evrpfs tab. A copy of the CrErne Free Housing Certificate must be attached tO the MItItonPlan when submitted. Crime Free lloirsirig training was cprripletaci ôMsshedulej for: - Owner or afgent attenddis planrlinq to attend training at city of: Ye 2 - 5 rbrt Monthly Update by thv 10 "i" thy of each môth, Phase ll 1) Cmplete a eLrriIy Assesneni and Implement improvements requested by th erook 4n Center Fotie Departmnf. To sohedufe an initial or follow-Lip Security Assessment, ca It (76S) 5-3344. A follow-trp assesmer,t must be completed bOfOre the license expiriatl6ki date to verily the si.rity lmprcvemen have ben implemented. If Securtty AssessmeM has been previously cornpteed, write the oomplerin date Security As -,gessment was completed OnAs sched ud for: $ecwity Assessment lIJvtrp was compteled on/is schedufed for: V22h 1 Contkue ectktis A. Phe III cii P8 2t Lkip Pwi,cy tkiy tcrtidiiig 2 7111 CO-133.1itV 5uidIa DeF1th wW.CLYTrrcf61J1 5l,inqI Cre€k . rc,kln cqtr, MN E4-215g I hcu: 1553-i3 1 TTY; ?Il I - 173JEJ X3B3PR,,%,LYN - BTETLXING AND COMMtJMTY STANTARDS 01 UN -654313CENTER Rental License Mitigation Plan Type IV License Sections A—Ctime Fro Hoing Frrarn Requirelnents (etrnwd Phase lit ) 4lviier or a0ent will 1Jnd atminmLlrn O% 2) of the ARM, meetings. The ARM m e0 il n9s muL 1?e cOmPlOted wl thin thO rental lfcefwe prid a nd befom thpondfng Type IV License expiration cII. Registration Is not required. however youMustsign-In during the rreetkig Writo two rr1inq dates an owner or ant plan toE1t1fl, LfJr FOt'rir or agentwil1ttid ARM. rneetinp Scheduled on: WWI 1 J 2) Have no repeat code violations pre'iculy documenled. with the past year. The 1&Fowing a n t i ons are rqt4ired f6r proporCes with four (4) r more .snith. F1 1) CgflhiLsct rient tialrijng annuily that Includes crime prevenlk,n ter -IrFqie5.Ej 2) Conduct r&9u]r resident meetlFl5, pasp 2 Jci ,(Lr? FYar Jr 44 city f Ic1ym Ceing RIAd C ziwrniiity stat i4 DepThii.t6301 Cr; Pwr, rOJyri cr1r, MI'J ]21 I Fhrp 73) 63 j UT: 711 1 -3O nm1DxNcnAND COMrJN1TYSTANDAS CENTERCi 67-65-HUMbOW Ave N. Brooklyn Cenier,Rer2tE License Mrtit1Qn Plan - Typo IV License ior BLng Term Capital trnprwemnt FIwi Eed on tprtci itior and age, estimated replacement dales need to be prcvld for comrncin capital ti-n, Funding should be consldred accordingly. items that are brokri, worn, or citherwie ir violation prior to the estimated iep1acment date Meed to be replaced sooner. All item must have date for EJim&ed RTerne Date. -Dates such as; unur "don't crow or "when brken' will not be acceptd. If you are utijre of When an item will need to be repaed, you can make a pricliwi based On the age, appearance, ciidfton, or mnu1acturefJndustry rrnendatfan, Additnal lnfrmation on Expected Useful Life can be fou t w'.hu&go'. item Examp h?; Water Hfr Furnace Water Hear Kitchen Appiances Laundry Appliances Smake A]armsl Carbon Monoxide Alarms 201- Ccndlltlori Expected Repfaenient Date P G May 2&2a 222 -202 .2028 -- G 2022 N -202 IDjc LastF(plaeI May 20W 2012 2013 201 2012 erior tern ant"Sdng Windows Roof Fence Shed Garage Odveway Sidwl1ca Other: 2010 AE.0) TBD 20I2O09 NA ML 2015 Et3Iilri Associathm N 2026 2017 G 2030 2I2 'CundiIjtin Abbrjition: NewN Fir=F N5 Reni=F P12 L?ei- RIR a9v. 44445 CJ.iy if a1z1yi Cx-flctinq iu xuntr 5ttnaards flE1T1flt L101 ShhglL CrEAV,Palway, BrOalyT! Cnr, MN 55-21 I Pt,cc 036-0 I TT fl I FOIC o 3 tyf 1JThD1N AND COMMUNITY EZNDARflS rBRCCOj OKLYN [HUriibdtIe P4 Bk1yn RenUl Lfconso Mititon P1ii Type V License otlon C—Steps to Improve man ia-gementand Conditions of Property The items in this section have heeri proven to assist with popi-ty management and pperty image- The follow[ ng atioti are reqiiire 1) Chedclri vith tenants every 30-days, j 2) Drive by pwpeity to check for positie cqde violation. 7J ) Evict tenants In violation of the lease or any addendums, 4) Rmin current an all utility fees, taxes, rnents, fines, penall, and other iffnancial claimstpaymenla due to the City. 0 Other: - The following actktn re optional t!n1se re1red by thE City.ElI 1) PrcMde avn&o LI 2) Pxo'ilde gerbageervic, 0 ) Install vrfty aystetit [j 4) Provide rnlienarkre service p?ari for dppiance Name of service company: --LIII 5) Other: If the Type. W-6 Month Rental License 15 approved by the City Counii, the Ueenee must comply with the approved Mll4gation Plan andall applile City Codes A written report rnuI beurnitted by tho i O Lh day of each rntithj with an update of aation in taken by the ownerriWor agent to compy with this Mitigtloii Man. A copy of the Monthly Update cari be found on page 7. A hllable form ran be four on the City's website at wvv jrofbrockjyncenerrg or (7) to have an Electronic topy 5e to you via ertlail, Pe atthth additlonall information If reessary. Paw %15 N aiw PWT, . 444-15city iitiy Cer-11d1 and ConmunRy 11 ShMgInn Crk PakAzy, 6TWIN10 CiLir UN 554-30 ,23-W I PbnB: 17E3 TV?: 711 1 Fat: (73J t-33EU BJ1LT)NC AW COMMUNITY STANDARDS CoxLy HUflbc4l Ave N, Broohlyn Center,RrtT License MltIatiQri PlanCENTM- Type IV Lioenae Sign and Verify viiJy that all n1cirmion prGvided is true and acr.Jrte. I undr&tand that if I do not comply with the pproved Mitigation Plan, comply wih all iteis within ihe license- 1period, or operate b?ynd the Ucüiis piratior enfrr'ernent adlions such, as citations, Formal cqmpfaints. or license review may resulL Men Maxx1 (Ower) QvmrorAJtPYarflJrid T'( 73Q1 El rorAg SiYgnerarie - Owier t N iri TI Re s 9 PnYj AsiW Qwø'r iif A go i1? SY.9jo*4 tj ro tff App b) City Staff OftJ' isf i4zm1)m!y &irdprmr 1y OfErE30141 .11 A and ii1y Dcp1i4 CII-DI Shirl Cii: Prki, EDk!ri Center, MF{ I Frne cj City Coind Agenda Item No. iOa #5 [EI1SJ[SJ I fl U I IYA U I k'A 0) UI iIJ1 DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AMN, Yaud4^ SUBJECT: Type IV 6-Month Provisional Rental License for 7018 Irving 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 7018 Irving Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for renewal of three rental licenses. This is a single family property. The previous license was a Type IV Rental License issued on September 22, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on sixteen (16) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings, turn and complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive three successive Type IV Rental Licenses- one that will have expired on September 30, 2015, one that will have expired on March 31, 2016 and lastly, one that will expire September 30, 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 is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 1[I1IJ[iJ I fl I I Dk"A I I DIhYA (I) 1tI I1BJ I Current Type IV Rental License approval activities: (License that is being considered and expires on 09-30-2016) 03-31-2016 The previous rental license expired. 02-17-2016 The owner, Omar Adams, applied for renewal of the rental dwelling license for 7018 Irving Ave N, a single family dwelling. 03-10-2016 An initial rental license inspection was not conducted; no access was provided at time of inspection. 03-28-2016 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 05-16-2016 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 06-16-2016 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-30-2016 A fifth inspection was conducted; corrections complete. The reinspection fees were not paid. 07-05-2016 The $300 in reinspection fees was paid and license passed. 07-05-2016 A Mitigation Plan was submitted. 07-06-2016 A Mitigation Plan was finalized. 07-15-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 07-15-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Current Type IV Rental License approval activities: (License that is being considered that expired on 03-31-2016) 09-30-2015 The previous rental license expired. 02-17-2016 The owner, Omar Adams, applied for renewal of the rental dwelling license for 7018 Irving Ave N, a single family dwelling. 03-10-2016 An initial rental license inspection was not conducted; no access was provided at time of inspection. 03-28-2016 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 05-16-2016 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 06-16-2016 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-30-2016 A fifth inspection was conducted; corrections complete. The reinspection fees were not paid. 07-05-2016 The $300 in reinspection fees was paid and license passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust :Es]JJ(J I U U I 3kV'4 L'A I Dk'A [I) I1,II 07-05-2016 A Mitigation Plan was submitted. 07-06-2016 A Mitigation Plan was finalized. 07-15-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 07-15-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Current Type IV Rental License approval activities: (License that is being considered that expired on 09-30-2015) 03-31-2015 The previous rental license expired. 04-01-2015 The property was posted as unlicensed. 06-05-2015 The owner, Omar Adams, applied for renewal of the rental dwelling license for 7018 Irving Ave N, a single family dwelling. 07-30-2015 An initial rental license inspection was not conducted; no access at time of inspection. 08-06-2015 A second inspection was conducted and failed. 16 property code violations were cited, see attached rental criteria. Initial inspection will be waived due to rescheduled inspection. 09-08-2015 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-22-2015 A fourth inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 10-08-2015 A fifth inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 10-22-2015 A sixth inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. Inspector sent an email to owner to schedule a meeting on 10-29-2015 to discuss the property. 10-28-2015 A seventh inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-05-2015 An eighth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-23-2015 A ninth inspection was not conducted; no access was provided at time of inspection. One item placed on weather deferral for 05-16-2016. 12-09-2015 A tenth inspection was conducted and failed. $600 in reinspection fees is still owed. 12-17-2015 An eleventh inspection was conducted and passed with weather deferral item. The $600 in reinspection fees was paid. 02-18-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-18-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [iiflJIJ I U I I Ih'A U'A I Dk'A (I) 1II I1IJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-05-2016 A Mitigation Plan was submitted. 07-06-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Previous Type IV Rental License approval activities: 06-10-2013 The Owner, Omar Adams, applied for an initial rental dwelling license for 7018 Irving Ave N, a single-family residential property. 06-25-2013 An initial rental inspection was conducted and failed. (9 property code violations were cited, see attached rental criteria) 07-02-2013 A second inspection was scheduled and failed. No one answered the door bell/knocks. 10-15-2013 A third inspection was scheduled and failed. No access at time of inspection. A $100 reinspection fee was charged to the property. 10-29-2013 The property was posted as unlicensed. 11-12-2013 A fourth rental inspection was conducted and passed. The $100 reinspection fee was paid. 12-04-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2014 Two citations were issued; one for $300 for operating a rental dwelling without having a license, and the other for $125 for failure to submit mitigation plan as required for Type IV license approval. 04-01-2014 An email was sent requesting a mitigation plan be submitted. 05-08-2014 Two citations were issued; one for $600 for operating a rental dwelling without having a license, and the other for $250 for failure to submit mitigation plan as required for Type IV license approval. 05-22-2014 Two citations were issued; one for$ 1,200 for operating a rental dwelling without having a license, and the other for $500 for failure to submit mitigation plan as required for Type IV license approval. 06-09-2014 Two citations were issued; one for $2,000 for operating a rental dwelling without having a license, and the other for $1,000 failure to submit mitigation plan as required for Type IV license approval. 07-15-2014 A Mitigation Plan was submitted. 08-14-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will beheld September 22, 2014. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust [Es1sJcsJ I il I"4 U I M"A (0] 1II WA'1 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 aprovisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I1U[SJ I fl I V M Uh'A I *L"A [I) I1IJ'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 1IJ[iJ 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 11-2 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 Greater than 3 LL--^3+ units 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 1 Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive coininitulily that enhances the quality of life for all people and preserves the public trust [EI1IJ[i1 I fl I I *hYA I alh'A (I] 1I WA!A I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving Three Type IV Rental Licenses for 7018 Irving 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 7018 IRVING AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7018 Irving Ave N, is issued a Type IV Rental License with an expiration date of September 30, 2015; and WHEREAS, the property located at 7018 Irving Ave N is issued a subsequent Type IV Rental License with an expiration date of March 31, 2016; and WHEREAS, the property located at 7018 Irving Ave N, is issued a subsequent Type IV Rental License with an expiration date of September 30, 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 7018 Irving Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that three TYPE IV Rental Licenses are hereby approved for the property at 7018 Irving Ave N, Brooklyn Center, MN. July 25, 2016 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. -BUILDING AND COMMINITY STANDARDS ty oI 1YN Rerta1 License MitiatiQn PlanA- NTER Type IV License Harrchvfif Ian MJtJgation Plans will n o t he a cv ep t ed. A 1Ilabie Thm can be found on the Citi5 website at i.dtfbrookiyncenterorg or cell (763) 9-33O W h"e an eIeranlc copy sent to you via emaiL Frnperty Address: 7018irvinpAveN Ownbea Narne(: orrArklarns Owner's AIfdrE. ear seachside DrMinietk, MN 55343 Owners Phone , {763) 32-3I53 Owners EjmII: qady.hoo.cm Current Expirn Date: 3 /j f j r s Local Agents): Agents Address: Agents Phone: Agents Email! Pendirtg Expiration Date: 9 / rth rrc.g currn1 awTimfiun% eased on; prnperty conditions and!orvlidtd police nuisance inciderit5, the abovfced property quallfles for a Type IV-6 Month Rental License, ior to applicaon approval by the Cily Council a fully completed Mitigation Plan must be completed and opprtnjod by City staff. A Mhiatian Plan must be completed immdlatoly In order to ensure timey complelion of the license applioln rocesa The Mitigation Plan shpUld tndicato the steps being taken to curreot triIfld violations and the measures that will be taken to ensure angging tIYkpliarce Mth City Ordinances and appticable codes. A Mitigation Plan al1va the owner and the City to review ebri.cerns and identify po-s5ible solutlons to improve overall condition f the property. If the Mitigatioi Plan I not sjtrnitted, and all items are not completed within the pending rie period, or the above property operalas beyond the license expira1ioi date, 1rcement actions such as citation, formal cortplaint, or license rvlew may result. Before submitting,rill-out Sections A B and C iQ?tad Dri pss 2 4 and S. F529 1. Ty V rw1i&vi Psi, Y. 444-15 Ey of Bz1dyn c-etoer—Pultdinpan d Cla nuuuniiy Sdd w.cIyraukIC 3l1 CrkP, 8(oi]n Cn1r1 IJ f14 15 I Fhne: fT53 E63-3O 1 TM 711 I F: (763) E6-3 Phase] [ZI 1) Use a Written rease agreement. The lease areementstaii Irtclude the Crime Free Housing Lease Adderithirn. A copy of the Jose agreement and Crime Pree Housing Lease Adendimi must be attached to the Mitigation P1ai wher rbmitted. ) Agree to pursue tha terrnlntiQii or lease agreement or viction o tensnt.s who vii the terms of the tea5e or any addendum. .3) Conduct criminal background thck for all ne'' pr o spective tenants If it is a current tenant a new background check is not required. Muatbe beto provide unienttion 10 City if requested Mi 4) Attend a City approved &ht-hour Crime Free Housing training course. Information for apprd OOurses can be found at 'lAw 'nnpa, net under the Tri&iThg and Evri5' tab, A copy of the Orime. Free Ho-iaing Certificate m utt be attacbed to the Mltlgatb Plan when submitted. Crime Free Housing training was omp1eted onAs ached Wed f- 7i1?I Owner br agent attendeWls planning to attend ii&rirg at city of Rymwlh - ) Submit Monthly Update by the ii' day of each month. Phase I 1) Compete a Lrity Assessment and implement inipravenie1is requeatecf by the roiyn Center Police Department. To .thedule an initial or follow-up Seoiuity Aeasrne call (73) -344, A follow-up aiit nuat be cmpeLed blefore the license expiration data to verify the seecurity improvements have ben irnpIemied. If a Security Assessment Kas been previously completed, Yalta the compleifon date eiJry?ssessrnenLwas completed o&ia scheduled for: B11114 kr Security Assessment follow-up wo completed onlis scheduled for: iP Continue SectiQns.A 1 Phase III on P 2& Tp V Rii ;i c2((1 J9ar), Rw. 8i4$5 011-Y aiBrooldyn nd Mym3niAnLty 1aidaIdt11epaxtrnent E1 5I;irqk Crh Fr'y. trucdn Ccrit,r, M' 4CL215r I Phne 7i I IN: 711 1 Fa' i7I BUILDING AND COMMUNITY STANDARDSCityol- Rntat Liteme Mitigation PlanCENTER Type IV 5ctio'i A—Crime Free Hov5inq Prcgrrn Repiiremer't (crknied) Phase III Wl 1) Owner or a&utwii attend at mf nImum 513% (2) of the A.R.M. meetings. The A.R,M meatl rigs miit be tom1thd within the rntai Ilconso prod and before the pending Type IV Lr prtiori date. isttti i t hievt QL must sign-in during the iithi. Writ tWD n1fttirIg datOt an owi1r ar ht p1nt attend. Oiinr ot agent will attend 4.R.F'A, meeting e tchaduied on: and [?] 2) Have no repeat code violations previously documented ith the past year, The f1kwng actions are required for properties, with four 4) or more un1t El 1) Conduct resident training annUally that kida&S crime prevention tdniqueL 0 Z) C g nduct regular resident rnee1in. Rev. $4-5 Cy a! *cI1ija C 1eutktj and Communily Sjandanls Dpirftmtt 3l1 ahirI Creek Paikieray, 8PJn Cen1r, MN 55441l! 1fiJ rA11Y: 'i1 B1JII1DINQ AND COMMJM1TY STANDARDS City &7018 rir! N - RiiLal Liere Miti g ation FkrnENTER Type IV Lkne Sections B--Long Thrw CaF11 In prem Plan ed an com fi tion and age, estimated replacement dates need to be pyo v ided for comrnor ca0ta1 items, Funding should he considered accordlnly. I te ms tbat are broken worn or otherwise i n vloIaIôri ptir to IhO estimated replacement date need to be replaced sooner, All items must ha ve a date for Esiimed Replacement Data. Dats sunh a: w1i,ra" Rd on t know or 'wFi brok" will it b pt€d. If you are unsure of v#tien an item will need t o be rpted, yOu can make a prediction beed ori 1he iage, appearance, ondion, or manufaurendustty rcrnmeritions, Additional informa ti on on Expected Useful Life crh bta Ewnd atwwwhudgo'. [tern Date Last Replaced Exarnpie. Water Hetcr My 2 Of 0 Furnace Water Heater Kitch e n Appiirices Laundry Appliances Smoke AiamiI Carbon Monoxide Alarms Eteripr Items PeJnttSidin Windows Roof 200 Fence Shed Gara g e Driveway Skewaik Other C on dition" E x p e cted Replacement Date F May 2020 9 2018 G 2010 2022 (3 2020 2025 2038 G 2023 (3 2023 iühdiiiQh AWi1ie1: Nw=N GrnG Fa ir--F Needs RlacrcientF Pt arl 48 Tj iJi axmv Aftipko City cifook1yn CnterBiiiIding and Carnxnusiity Slandazas Dpartrncitt -cep brooVjT^ue rtero r9 C I hirg Crk irey. 0rckJyn CnIr, MN 4L'L2I I Phn; 4rj I Ti?: 711 J Fa: (763 -E'J BUILDING AND COMMUNITY STANDARDS ly of NXetitai Lk'.eIVJtigatonNarb edioria C—Seps to Thip#e Magement and C d101p5 o f Property The items in this ciin have been praven to alt with property rnana rrient and property image. Thefollowfng actions ore required: J 1) Check-in ith tenants every 30-dy 2) Drive by proporty th check for posIbk cede Ilton, Z 3 Evict tenant5 in violation of the lea se or any addendum. 17 4) Remain curient an oll utility fees, ta,, a$rreflta 11ne, penalties, and other Ino claim&Oymentsclaims/payments due to tho City Li 5) Other: The following cticins are optional un Inss raqu irEd by the City. D 1 Provide 1wni.now Li Piovide Varbage LII 3) install securilty jj4) Pavide maintenance -sarvlce plan ftit appiances Namgi bE'MQe company: Other: If the Type IV-6 Mer1h R'riia1 License is approved by tiv City Council, the licensee must comply iMth the approved Mitigation Ptn and all applicable City Cod, / written report must b ubiiiILtd by the I 01 riay of each month with an update of qctions being takati by the owner and/or agent to comply with this Mlidgation Plan. A copy of the Monthly 1101e can be found on paoo A Olable form car' be found on the City's webite or call (763) 5330 to have an e1etroniccopy 5ent.to yDu via email. Please attach additional Iaoniittan if necessry. it FM, 411. CAY Q! OT001,17n and CorruiwnIy a1awL I'1 rP lcrf Parky, Mi!ril I Fi: (?€) 593-3 214 ¶iy: 711 1 F 63) Y BUILDING AND COMMUNITY STANDARDSXLN L Rental License NfiVgaflon Plan Type IN License -Sign and Verify I verify ht all informallon proidd Is true and accurate, I understand that if I do not comply with theapproved Mign Plan, comply wilh all items Mhin the Mere period, or operate beyond thelicense expiraflan date, rrcrnent acUn r-ch as dttiis, arrnaI complaints, or license rIwmay result, DIM e r Or AgE?,r,,t Name at 7 F?'e Pnr) LA 1/1/i thwir orAt4 S!jo1in -e h JLrw i1Ttr Na ri nd Tiñ ('Fb, Ai(ktr? Owter C jit &LmsWre fIb) city Szff Only !a'.- mme ,f icJ xr. I?' ySr 5d!1rI -Drp.riiu.q Dal e E15 tL PON?tkemsn Miy 4-14-5 ityBvsIc1ym nd COFLiritti:niiyStandaritsDepmftm,,IrLt 'wmrDryxtr5nIer.g0101 Shirgle Cek E J i-i N I Ptflfl -3C I iT?: 7i f F: (?g-3U BUILDING AND COMMUNITY ST1)1BL)S Cit y of S Licensecene Mitigation P iiJ Type N License KvffftLf1 1JIIOI Plans Will II b cep ted. A flllaIe form can be found on the City's 'eb&te at wwlbr oklyiicteror or call (76) 330 to have an elecronic copy si.rit to you via erriL Property Acrdree: loib irelrjgme N Cwriaes Nrne(): Ornir AJni own&'s Address: W PeOGW40 O fMinr1rri MN 53 owner's Phor: 1761) 3453 Owner's mil; hqadhoocrn Current Expiration Date: 9 N L LQcl Aent{5}; Agent' Address,- Fgent5 Phone: Agents Email: Pending Expiration Date; - P,) j r*101a ftm twrerK epiIiLvij Bad on property conditions and/or vilidatod poli nuisance lnldeit, the iabove re1rencecJ property qUalifies fora type IV- MOrtUi RentI Licianae, Prior to application approval by Vie City Council a fuUy completed Mitigation Pan must be completed and approved by City staff, A Mi.ton Piri must be completed imrnedietly in arfti to ensure timely ompkten of the tici - appffoUQn Th MitiUon PIr1 Ehbutd diota Ihe tep bn taken to correct de ried Violations and the measures tliatithll be taken to ensure ongoing compliance with City Ordinances and appllcble codes. A Mi1ation Plan allows ft owner and the City to reviewconoerns and identify oable SolutIOM to i rr[PFOW ovratI uorWitionB of the property If the Mitation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the Jicense epiraion date, enforcement 2cLions such as cita1in formal complaint, or tits retew may feskilt Before submitting, fill-out Sections A, B 1 and C located on pages 2 3 4 and 5 TVrJLi MrPM Cityf3fProMyñ ter—BiUd.thy aJd ctULktiy Slandaiidl D±rt 0 ii11 Shirqtm Greek NrkwzY. 6rcJyn Ceffler. 1.1H 554311-219P I Phant. 76 E123U I iT( 711 I 7€) E& BunmiNG AND COMMUNITY STANDARDS City of - 18rvir / N Rental Ucense Mitigation 1nCENTERType IV Lcense Stierta A—Crime Free ?IoisThg Program Reqti1rment Phase I 1)Use a vritten lease agreement The lease agreerniit shall include the Crime Free Flauis.itig Lease Mderdum, Atopy of the lease agreement and Crime Free FleusIng Lee Addendum must be attached to the Mitigation Plan when subrnitted 2)Agree to pursue the termination or lease arerrient or eviction of tenants who -virate the teans of the lease ei any adndurns. 3)Conduct ciminal background check for all n8w1prDspertipm tenants. If it is a tenant a new background clok Is hat required. Must be abte to provldo dcuentation to CitI If reuEsd, 4)Attend a City approved eight-hour Crime free Housing training course Infom'aion for approved ceurses can he foiJrd at ww.mncpa net under the Training arid Ever1a tlab A copy of the Crime Free H usIng Certificate must be attached to the Mltigatbn Plan when submitted- Crime Free Housing training was completed or9s sthLiad for: 11 Owner or agent attended/is planning o attend training at city of: PIniaulh 171 ) Submit Monthly Update by the 1O day of each montiL Phase 11 1) Complete a Security Assessment and irnpletriartt improvements requested by the Brooklyn Center Police Deportment To schedule an initial or follow-up Security Assessment call (763) 5 659-3344. A follow-up sessment must be complotal before the tlense exptration date to verify the security improve-meas have implemented. If a Security Asse-,ssmerit hn been previously completed, write the cornplaUOrL data. Security Assessment was completed ons scl -'eduled fuT 111.114 - Security Asses5m,5ntfclIowup was completed o&is di,ilad for; O Continue Sactions A, ?1iae ID on page 3. 2/6 '/ SL-t I1!cvI Fn, Rev. 344- C1y of kzi Cehf Thiet4 wAw.iiyDkIrnnlrfg 5-301 3hiIe Cee< Prky, Ekoak.Fyn Crr, MN E542L4 192 , 1 hc':763) -3 I TFY: 711 I Fix: 7t) BTJILTM:NG AND COMMUNITY STANDARDS cil ofb]LTN lriiii A. N - Rental Licre MitigationPlanXO1 n Ty Iv Lire Sections A—Crlmo Free Ho&&rrg Program Requiremen ts (or!,u,ed) PJiae Ill j 1) O'iir r gen wiI attend at minirnum 50% 2) uf the ARM, meetings. Th &RM. meetings must b ptd within the rental period and before the pending Type IV Ucene xpiratioii date. Registralian Is it required. hüwever you mustsign-in during the .meeting. Write two rneetln iwner or agent plant Owner or agent ithfl attLnld A RN, meetings scheduid on 2) Have flt repeat oode violations previusty dQcimented vñth the pt year, The follw[nj aefloris am Fqutred kr propertfe with four (4) Or more wits. 1) Cotduct resident triniriçi annually that includes airne pme'ention techniques. j 2) Conduct regular tesidoht nietIns, Rw. i-1•i-5 City afIrkyt ffldLng ai4 Ounniullity 5bniIpithn1kI i hirli Crik 5ji rjex, rit 5E4O-21 r Fhin: (7) I 1TY: Ti I F: Th3) 5E€ BUILDING AND COMMUNTIY STANDARDS Irving Ave N Rental Lican&a MItIaUôn PlanCENTER Type IV License SEctDn$ E—Loig Term CpIImpov7ertFftrn Eed on condilion and ace, estimated replatem eiit date need to be provided for comrnn capital Hems. Fundln thbud be i;Qrtsidered accardiry, Items that are broken, wart, or clheMie in violation prior to the estimated replacement date, 'd tci be replaced aoner. NI items must have a date for £s*i Rp!acmeM Date. Dates such as: unsur&1 don't or "when broken" will not be accopted If you are unsure. of when an item will need to be replaced, you can rrtke a prediction based on the age, appearance, cendk1i, or manuratur&industry recommendations. Additional iriformatibft on Expected Useful Life can be found at Rem Data Last Raptaoed Cditri'Expected ReplaomnL Date Earnpk: WatorH oaliqr May 2010 F May 2020 Furnace ar.2013 a 2CY33 Wal .e Hester G 201 Kitchen Appliances ___20 Laundry Appliaoces 2022 Smoke Alarms! Carbon M nodd AIia ______200 Exterior Items FaintlSiding p1I F 2016 windows _______________226 Roof Fence ______________ Shed Garnge 0 2025 DrIveway ______________________2022. Other:_________ CndiIi'n Abbraiatian: JEIN Nds Rprien.tR if4-i5 mmu-Mly $Iandardg DApAinent 6301 Shmole CrEeA Per -y, couIn centar,4N -21 PIiei: 178I E61-!1 TTY-.711 I FUT. ?6) -i BUM-DING AND COMMUNITY STAMDARD City of ER'N 7I1F 1rY1B 'i N Rentt Lens Miti g ation Pl a n Type IV Licen s e Sectoii C-Slops to Improv M a na gement and CcndhJois of FropLy The items in this 5atir have bn pro' to Ath prop e rty Managem e nt rLd property im a ge, The (oUrwiiig a o tjr.3tjtj are required: 2] 1) Ched,,T i n with ten a nts every 30 -day {] 2) Drive by property to check forpoib[e ccide viol on 3) Evict ten a nts in vi gf a ffon Df the lease yr anyad d endUM 5. [] 4) Re m a in Cur reri t c3n all, utility fees, ta x es ,aamerita, fines, penalties, and other financial clairn s^p a yment5 thie to The City, 5) Other. The following actions are optionl n1eaa required by the City. D 1)Provide 112wnIsnUw [J 2)Provide yarbe aetvice, Li 3)In s tal l security system. L 4)Provide maintenance service plan for appline Name of tonpary fl 5) I f the Type lV- MonTh Ren1l Llcne Is approved by the City Council, the licensee must comply with the apprd Mit ig ation Plan and a l l applicable City Codes— A written report must be submitted by the 10 d a y of eh month with,an update of actfon h-aljlg ta ken by the owner nthor agent to comply with this M1taUn Plan. A copy Gf the Monthly Update can be found on page 7. A fillabre form can be found on the City 's Webite at wWw. 1tyo1bro1dyrwet Of ill 73 53-3330 ta h a ve an eletconic copy s ent to you via emaiL P'ease attach a ijditirflial info mtitn Iff sary. Fnye is-'a TyVJccii ir. 4-4-i City DfBrnO11pt cj^Wet—Bua d lnfj and C o mmum flyi4 i1inrt wJrconrra 62ii1 5!iin Cth P!kw2j, Bran kl y n Cenler, MN E53U-21'9 I Prr.e: gE,1 15-33O I nY ii F Ci f BVLhriING AND COMMUNITY STANIRDS yc -BROOKLYN Rnt Lkjie MitigationPlan Type W L1cen 5in and Verify I v&cIy that all lrifmiaior provrded Is true and curc, I uruirgthnI that IF I do not comply 'tMth theapproved Phitigaffon Pi.rt, comply with an items withh the [ice prl1 or operate beyond thelicen expiration date, enforcement aLtiuns suchi as rt1inns. formal Cornplaints, or license rEviewmay tUIL /rn irJ rgc (ReisTv Ft) (91A -wneOrAieit 3'1ffiur8 A i -AddA!thil Qer cr .girit N.me ard Tfti'e ( pabIe Pii) WM Atf'u Addift chv,rr Of A!Yo Pf RAgria Uld piilr) ifr ft wt - o ____ FDepMrr Date / Pa'ye a.t -- - !'YPq i#31 FA1, Øl/ 444 Cfty !BrDky Cn r uIding4 nuI1ytDdri teputmit cyncL.c6' 131 Shingln Omsk Prhv, MOMIn CzUrd0r, IAN 4-19 I Phie: 17d2 63-3 Try 111 1 Ft 4?trJ BUILDING AND COMMUNITY STANDARDS XIBIRCOOKLYNtyof Rentat Ltcen Mitigation Plan Type W License Han dwritten Miffgallon Phrne will not be accepted. A fihlable form can be found an the City's at w .chybrooklynco rorg or call (7) to t'iave an eletteil•c copy teftt to you Nia email. Property Address: 70iBirvirgAveN W$ 4101g ner'a Nari): Qnir ALJri1 Ovrir AdE E7 6he Dr Miñri&ohki F MN 5593 Local Agent(s): Agent1 s Address: Oner' Phone: is Owners Email: CulTent VxpiYaWn ate 3 ( (lb ?ents Phone: Agent's Email: Pending ExpiretionDae: rnun1hr frum isrnI exjftalkf) asnd on property conditions and/or validated police nuisance incidents the above referenced property qualifies or a Type EV-0 Monlh Rental License. Prior to application approval by the City Council a fully completed Mftigaon Pan mUsk be compld ad approved by City staff. A Mision Plan must be completed immediately in order to ensure timely completion of The Rcensa application prss. 7he , Miligalion Plan should indicate the steps being taken to correct identified violations and the measures that will be taken m onsuro ongoing compllare whlh City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to revieW WIOWIS R 114 identify p o2m ible 8blutlofts to Improve overall conditions of the property. If the Mitigation Plan is not submitted and all items are not viiplt'd withIn the petding hcen.e period, or the above property operates beyond the license expiration date enforcement actions such as ctaticn ron -nat complaint, or Hconse review may result Before. submitting, fiIF.oLJt See-fiens% A 51, and C IoaIed on pages 2, 3, 4 and S. Page Vi Rev 444 Cily ofBjLir3jdyn C E—flui]d.Ii d 00YAMIAR117 p1ini1 ViolShiil eek a C'?cte Mt543C'-Z15 I 5-3-?P I ITY: 7- BUILDINC ANDCOMMUNITY STANDARDS City of 701 a MIN Ave N o1ita Lar tigation PlanCENTER Type JV LIcrie Sections A —CrIme Fraa Ui1 Prigrarn Requirements Phase j 1) Use a 'itteri reas.e agreement. The lease ag iirnert &tl Include Th Crime Free Housing Lease Addendum. A copy of the 1eae agreemoti! and Crime Free Housing, Lease Addendum must be attached to the Mitigation Plan whei ubrnitted. 2) Agree to pursue th tmiftaiin ôrIee arernent or eviction of tenants who violate the terrs of the lease or any addend urns. ) Ccndict cdnilnai bakrnurid chck for all new prosp ctive tenants f it is a current ternt a new bao}growid check is not required Must be able to provide doimenta1ion to City if requested 1Z 4) Attend a City apprcw2d elht-heur Crime Fra Housing training cowse Information for approved oourses can be found at ww,rnncpa net under the TraiiThg and Eve nts tab, A capy of the Gelme Fr€e Housing Certificate rnut be 9ttacbed to the Mitgat1on Plan when submitted. Crime Free Housing training was completd b0s hedcx14 for: Owner or agent attended/is planning to attend training at dwof.Phillauth E 5) Submit Ni orhly U pdale by The I e day of each month. Phase II 1) Ccrnple e c'Jrit,j Assessmentnd lmpiment improvements requested by the rkyn Center Poli Deparfrnent To sthe.dula an inial &foliowup S-euiij Mssmen cell (7 6 3);580-V,.44, A f0ow-p e5eeemertJT1uet be completed before the ficense expiration date to 'verify the security improvements have been Implemented. If a urityssessrnent has been previously completed. yalta the completion date. Sewrity Assessment was wmpletud on9a s1ieduled for; /1114 SeuiiyAsss-srnent folbw-up was torriptoted oriiie srhe oted for Continue Sections A1 Phase Iff on pag e 3. 4-14- City if r !drp Cc itir—uIrMn Commiitd1y dc1 i1 e3J1 5hirgla Cnnk ErokIn Curilnr, M. 430 ,-Z-199 I Mnrf, 173J 5e-33U 1 flY: 711 I Fø: 76) E9-36ll BI3ZLDINC AND COMMUNITY STAN DARD S Cityof BPO O11YN Irvirty eN Rental 1-1conse MiIatkin P1arENTER Type W cere 5tkrns A—Crime Free Hosing Pro gram Requirem ents (oithned) Phase IU 1)Owner ur agent wi1I attend at minimum 50% 2) of ft AR,M rneetirgs, The A,RM. melt must b ôtd within the irental ficense period and boftm the piidri Type N License expiration date. Reiaon Is not requlrd, however you nivt sign-in during the meeting, Write to meeling dates an owner or agent plan to atterbd (hvrr or agent will attend ARM. meed nge scheduled or: 2)I-lava no repeat code violations pr.iy docurnt7anted with The pt year.LXJ The kiiôwin toii$ are required lor propertieB with four (4) or more wilts J 1) Conduct resident training annually that includes crime preverlon fl 2) conduct regular rint m1ing. F!? Tje W FANWUzuo fioffuvFfir. Rev. 4 4 4,45 Oty f 1iy C'mmithy Dep±trt 6301 iInJe trE* Ffl9; 5cxkIn Cerer,Pi1 -2199 Fh'i: I76 32] E8326 TTY: 71 1 FaX BUILDrN3 AND COMMUMtY STAN DARD S______ City cf OLM rn.n Aids t1 Mifig a floh P1ii Type IV License EtEri1E[I—Long Term Cpifa11rnprovMtFi,i on con d ition and age, etimd rp ac?rnent dates need to be pro vided for common capital items Funding should be o on 5 i d onxl accordingly. Items that ore hrcjlcen, worn, or o th L!, rvvis e ji taiin prior to the estimated repIacornt d a te need to be replaced soarir, All items must ha'ie a date for Esfinial e dPop lace rn a n t D a te. Dates s uch aa urure, 'thift know", or th rOkEn not be accepted. If you are irtwe of wh e n an Hem vAIl need t be replaced, yu can make pred1cion based on the age, app e aranc e-, condition, or manufaturfrnd1ry rcommendakns. Add itional Infôrn on Expected Useful Life tan L found at ihudgov. Item Examp le., Wa!&'r Heai- Furn ace Water Ho a ter K it chen Applia nces Laundry Appli a nce s Smoke Alarms I Carbon Moni,ke AIarrii gtethFtems PintJSlding W1 cf owe rr Fence s he d Garage Driveway Idewal Qiher:________ Data Lant Repiae CondItIoi pEctad Replacement Date May 20 f F May 2020 a c 2013 -G 203 G 210 G 2022 G 2Q2I piraIin F 2016 252 2o3a S 2023 G 2023 0 202:3 4 Oondhion AbbrI1Iun: FewN icod=G Fth FJe? cmi1=R P^-g 4f6 - - T! M. (V fiiFLq9 t(ii Fi. 44445 City aM c HULILy Stan dards, !FrtT14mt hirki cre ek flakxay. 0(20,lyn C'ilr, MM 554D21' I Pha r r : I-.3O TTY. 711 1 BUILDING AND COMM13NTY STANDAEfl S City of ROOFLYN YOth1ringAN RrtaI Li ce nse Mtition P la n Type IV Licen se Sections CSps to Improve Wana ga fflont a nd CondWo of Fipey The Items In this G eC t I o n have been prveii to a8s is t vtth pro perty m a n a geme nt and prop erty image The hIbwlntj aa ti ca ris are requIret: [] 1) Ch}c -n with ten a nts every 30-daya 2) Drive b y prop-arty to check for poib coda vioIa1rni. J 3) Evict tnans in violation of The lea s e or any adderidairn. j ) REJnI1 Cwte nt on all Utility fees, t ax e s , metith, fine5, penalties, and other financ ia l daima(payments due to The City The follow i ng a ctions are option a l wileaa required by the City. [1]1)Provide lawn/snow services J 7)P'vide g arbage $rdj, fl 3)install s ecurity system. 4)Provide mainten a nce service plan for appliance5, Xame of eMcE compan y : [II] 5) Other; i f the Type IV- Month R e ntal Urie is apmoved by the City C o un c il, the IirEE rnUt crnpy Mth the approved MitItin Plan and all appIcatite City Coda. A writter report iiitit be subm i tted by the 10th day of ah rnnth With a being tatwi by the wrer aridtor agent to ornpIy with this Miti g ation Plan, A copy or the MrithlyUpdae can b e round on pane ? A fillable form can be found on the City web-ite at ww'',ityofbrooMyncener.org or cal (753) to have an elecironic copy sent to you via email. pl e a s e 2tith additiOn1 nfcIrnaiQrI if ry. Pane 5')3 Tym I V F^m W Le F1i. wi. 4-1f15 itreI brbktyn Ct 1d1L r—Ornmiunity Standarija fO1 ahnI Cr eek Parkwa y , ai11n C'nb. P.1W 554" W-21 Piin TC3) €.3-3) I TY. iii F 17C3) -5&-3EJ) ELDflW AND COMMUNITY STANDARDS XBROty of OKLYN Miti ga tion Plan Type V L ice n se Slri rU Verify verffy that a ll In rnati prvid is true and accurate . I understand that if I do n ot crnpFy with the app rov e d Mitigation Ma n, comply with all items wthi Ihe lien rld, or operate beyond theIien5e expir.Iii date, enf triient ac t ions such a& citations, formal comptatiit, or line re viewmay result, Owner o10r N2me Bf1 T?h,, fPu a AA 0 J^j APA ---ffl i/If/h OwiertrAçjeri &rure DZI to fj(\h iT Qyj ejr crAi j Niie at TLlte f M, (ice ..__wau1 €A/llT\AddENior Oweror4& rthij (ApprJ,) CLy Slatf /o%^O e Poze px?1i? ca e ip 51r (iy ______I Cwwnun -V S tandards Tjie Ultiqgto Pik,. Ra, 4.4445 City PfUmuldyn nt Com munity Sf andard aiim e nt1 ir 1Prk'y, roH'ti Cn!i- MFI 219 I K g qe:[-76 3)E63 --M1U 1 TW: 711 1 Fe 7) Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 25, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Brooklyn Center Sister Cities Commission Member Solicitation 2. Street Maintenance Assessment Deferral Appeal 3. Use of Hearing Officer Policy 4. Discussion on the Acquisition of 3 lots within the Shingle Creek Crossing Development PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Fire Department Structure 2. Centennial Park Improvements 3. Solar Energy Options 4. Paperless Packets Report 5. Civic Group Policy – Mayor Willson 6. Mobile Health Care-Related Temporary Housing 7. Lodging Establishment Licensing 8. Body Camera Implementation and Policy 9. Resident Economic Stability – Continuation- (August 8, 2016) Work Session Agenda Item No. 1 [EI1BMSJ I fl U U MhYA U'A I M'A [I) 1I P]JJ I DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manager SUBJECT: Brooklyn Center Sister Cities Commission Member Solicitation Recommendation: It is recommended that the City Council consider providing direction to staff regarding solicitation of city residents to serve as commissioners on the Brooklyn Center Sister Cities Commission. Background: Sister Cities International was created in 1956 by President Dwight Eisenhower for the purpose of championing peace and prosperity by fostering bonds between people from different communities around the world. Sister Cities International currently engages tens of thousands of citizen diplomats and volunteers in 570 member communities with over 2,300 partnerships in 150 countries on six contents. There are 18 cities in Minnesota that have established Sister Cities programs. In January, 2014 the Council adopted a Resolution #2014-10 (see Attachment A) establishing its first sister cities relationship between the City of Voinjama, Liberia and Brooklyn Center. The City engaged in developing the relationship between the two cities, which resulted in the identification of key mutual issues of interests (i.e. quality of life services, culture awareness, public health and medical services, and care of the youth). As a means of developing an infrastructure to sustain the Sister Cities program and relationships, in September, 2015 the Council authorized the development of a Sister Cities Commission via Resolution #2015-159 (see Attachment B). The charge for the Commission was to: • Serve as a formal structure for monitoring and evaluating the success of the Sister Cities relationships, • Support the promotions and sustainability of ongoing Sister Cities programs. Resolution #2015-159 also established three conditions for membership of the Commission including: 1.The Commission shall consist of five (5) members who shall be appointed by the City Council upon recommendation of the Mayor, 2.The initial appointments to the Commission shall be for one, two, three, four, and five year terms, and thereafter all appointments shall be for a term of five years or until a success for is qualified. 3. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. Mission: Ensuring an attractive, clean, safe, inclusive coininunh)' that enhances the quality of life for al/people and preserves the public trust [Ei1IJ[iJ I U Dlk"A U I Dk'A (I) 1II IiBii While the City has adopted a resolution establishing a Sister Cities program, it has not formally solicited or selected commission members for the Brooklyn Center Sister Cities Commission. In June, 2016 the City formally became an active member of the Sister Cities International as a step toward formally developing, activating and sustaining the program. Policy Issues: The City of Brooklyn City continues to grow more diverse economically, culturally, and demographically. The City is home to several global business headquarters and branches (i.e. Caribou Coffee, Medtronic, and Walmart stores), which bring international affairs, education, labor force, ingenuity, and human relations from countries around the world. New citizens of Brooklyn Center from countries throughout the world bring new cultures, customs, relationships, understanding and insights to Brooklyn Center. The City also offers its assets of diverse cultures, human resources, intellect, business commerce, and civic customs to other cities around the world. Historically the City has filled Commission seats by (see Attachment C): 1.Advertising for 30 days in official City newspaper and cable channel 2.Advertising on the City website 3.Advertising by posting at City Hall and Community Center 4.Notifying all standing commissioners 5.Recruiting by word of mouth6.Forwarding recommendations to and by the Mayor for approval by the Council In an effort to broaden the diversity of participation, increase community-wide awareness of the Sister Cities program and leveraging the assets of Brooklyn Center's citizens, businesses and non-profits a more expansive and non-traditional solicitation of commission members may be warranted. The Council may choose to add additional steps to the recruitment of members to serve on the Brooklyn Center Sister Cities Commission. Some additional steps may include: • Council members identifying candidates • Solicit Commissioners in non-traditional media • Seek community networks and partners recommendations • Seek business networks and partners recommendations o Seek international youth and student candidates By extending the outreach efforts to diverse communities and partners and employing solicitation strategies in non-traditional ways the City may increase the quality, effectiveness, and sustainability of the first Brooklyn Center Commission. 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 Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-10 RESOLUTION ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HBNNEPJN COUNTY, UNITED STATES OF AMERICA, AND THE CITY OF VOThIJAMA, LOFA COUNTY, REPUBLIC OF LIBERIA, WHEREAS, •a Sister City Program has existed in the United states of America since 1956 when U.S. President Dwight D. Eisenhower proposed a People-to-People citizen diplomacy initiative; and WHEREAS, the purpose of a Sister City Relationship is to establish a long- term, mutually beneficial partnership between two c ommunities; and WHEREAS, the Vice President of Liberia, His Excellency Joseph N. Boakal, along with the Minnesota based Voinj ama-Brooklyn Center Sister City Committee comprised of a broad spectrum of Liberian Community representatives led by Alexander B. Collins have requested the establishment of a Sister City Relationship with the City of Brooklyn Center; and WHEREAS, a Sister City Relationship between the cities of Brooklyn Center and Voinjama will benefit both cities in the following Ways.: 1.Inclusion and Responsibility, 2.Nurturing of Municipal Partnerships, 3.Cultural Exchange, 4.Transformational Benefits; and WHEREAS, the potential activities envisioned by this elationship include, but are not limited to public official exchange visits, cross cultural training activities, sharing of best practices in municipal leadership, an expansion of Brooklyn Center Liberian native residents' participation in Brooklyn Center Civio/ConlmunityfGOVernmefltal activities, and mutual recognition of the relationship by the symbolic designation of a public asset in honor of this relationship; and WHEREAS, except for staff time, no expenditure of tax dollars is expected to occur in support of carrying out specific Sister City programs or activities, but private donations to the City may be used in support of these Council-approved activities; and WHEREAS, the Brooklyn Center City Council originally adopted this resolution on December 10, 2012, and now restates said resolution for the purpose of incorporating Articles of Understanding as requested by the representatives of the City of Voinjama expressing thQi desire to foster relations, ties of friendship, cooperation and mutual understanding between the two cities on areas of culture, sciences, education, health, tourism and sport. RESOLIJTIONNO. 2014-10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council does hereby establish a Sister City Relationship with the City of Voirijama, Lofa County, Repiiblic of Liberia with the following -understanding and authorizes the Mayor to sign a Memorandum of Understanding confirming our commitment. ARTICLE I The parties shall encourage cooperation in areas of culture, arts and sciences through the exchange of delegations and experiences of exhibitions, festivals, seminars, and conferences, ARTICLE 2 The parties shall encourage cooperation in the area of education through the exchange of delegations and experiences with a view to getting acquainted with the cultures and histories of the people of both cities. ARTICLE 3 The parties shall encourage cooperation in the area of health and medicine through the exchange of delegations, studies and experiences and participation in conferences held in the two cities.. ARTICLE 4 The. parties shall- encourage cooperation in the areas of sports, tourism and youth through the exchange of delegations 'and the coordination of participation in relevant activities. A1TICLE 5 New Horizons Resource Group shall serve as the intermediary between the two cities foi the purpose of coordinating visitirg delegations, 'with the understanding that sending city delegations will be responsible for travel expenses and receiving cities will work with New Horizons Resource Group to arrange accommodations and internal transportation. Further, New Horizons Resource Group will work with the two cities to annually develop a cooperation program classifying fields of cooperation and relations. January 13, 2014 Date c( Mayor ATTEST: iJ1M,fl1vL City Clerk The motion for the adoption of the foregoing resolution was duly seconded by thember Lin Myszkosski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kieven, Kris Lawrence-knderson LnMys k,i,aiid Dan Ryan; and the following voted against the same: none;- 'whereupon said resolution was declared duly passed and adopted. !UT miiI1 Member April Graves introduced the following resolution and moved its adoption: RESOLUTIONNO. 2015-159 RESOLUTION ESTABLISHING A BROOKLYN CENTER SISTER CITIES COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the City of Brooklyn Center is among the most ethnically diverse communities in the State of Minnesota with more than 20% of its.residents being foreign born; and WHEREAS, the City has been approached on several occasions by residents wishing to establish a Sister City relationship between the City of Brooklyn Center and other communities throughout the world; and WHEREAS, through a meeting arranged by New Horizons Resource Group, a non-profit organization in Minnesota, The Vice President of the Republic of Liberia, His Excellency Joseph Nyumah Boakai, asked that the City of Brooklyn Center establish, a Sister City relationship; and WHEREAS, the City of Brooklyn Center adopted a resolution on December 10, 2012, establishing a Sister City relationship between Voinjama Lofa County, Republic of Liberia, and the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center on January 13, 2014, adopted a resolution approving a Memorandum of Understanding expressing our desire to foster ties of friendship, cooperation and mutual understanding between the two cities of Voinjama and Brooklyn Center in the areas of culture, sciences, education, health, tourism and sport; and WHEREAS, a delegation of volunteer Citizens representing the City of Brooklyn Center accepted the'invitation from The Vice President, His Excellency Joseph Nyumah Bokai, and The Honorable Mayor Yunger Sherman to participate in a cultural exchange in Liberia in January 2014; and WHEREAS, all partners are committed to continuing, growing and developing this Sister City relationship into the unforeseen future; and WHEREAS, upon return from the January 2014 exchange it was determined that the best way to fulfill our goal of maintaining a productive ongoing Sister City relationship between the City of Brooklyn Center and Voinjama City, Lofa County, Liberia, in the spirit of Sister Cities International Inc., founded in 1956 by President Dwight D. Eisenhower, is to establish an advisory Sister Cities Commission; and WHEREAS, cities throughout the United States have established Sister City Advisory Commissions as an effective way to authorize the approval of Sister City relationships, to foster and perpetuate the continuation of successful international exchanges and mutually RESOLUTION NO. 2015-159 beneficial interaction between the partners of these relationships; and WHEREAS, an advisory Sister Cities commission will facilitate the orderly authorization of formal "people to people" Sister City relationships between the City of Brooklyn Center and other international communities by promoting the ideals of peace and understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Brooklyn Center Council does hereby establish an advisory Brooklyn Center Sister Cities Commission. ARTICLE I. NAME. The name of this organization shall be the Brooklyn Center Sister Cities Commission (hereafter referred to as the Commission). ARTICLE H. PURPOSE. The purpose of the Commission shall be to serve as an advisory body on matters affecting sister cities relationships, programs and activities. This Sister Cities Commission will also review applications for sister city affiliations and forward recommendations to the City Council for the establishment of future Sister City agreements. Commissioners are expected to volunteer time to participate in Sister City events projects outside the regular meetings. ARTICLE III. MEMBERSHIP. Section 1. The Commission shall consist of five (5) members who shall be appointed by the City Council upon recommendation of the Mayor. Section 2. The initial appointments to the Commission shall be for one, two, three, four, and five year terms, and thereafter all appointments shall be fot a term of five years or until a successor is qualified. Section 3. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. ARTICLE IV. MEETINGS. Section 1. Official meetings of the Commission shall be held at City Hall or such other place as designated by the Chair of the Commission. Section 2. Special meetings of the Commission may be called by the Chair, or in the absence of the Chair, by the Vice-Chair, or upon written request of a majority or more of the appointed RESOLUTION NO, 2015-159 Commissioners. Notice of a special meeting shall be given as prescribed by the Open Meeting Law. S Section 3. All meetings of the Commission shall be conducted according to Roberts' Rules of Order, but it shall be necessary in any event for a quorum to be present for the Commission to act. A quorum shall be defined as a simple majority of the existing members of the Commission. Section 4. An agenda for each regularly scheduled meeting and the minutes of the last meeting shall be sent to each Commission member in advance of the meeting. The Chair shall approve the agenda for each meeting and additional items may be proposed by any member of the Commission. Section 5. The Commission shall act as a body in making its decisions and announcing them. No Member other than the Chair shall speak or act for the Commission without prior authorization. Section 6. All meetings of the Commission shall be open to the public, and notice of these meetings shall be provided in compliance with the Open Meeting Law of the State of Minnesota. Section 7. Provided there is a quorum present, a majority of those present shall be required to adopt any item of business. ARTICE V. OFFICERS. Section 1. The officers of the Commission shall consist of a Chair, Vice-Chair, Secretary, and Treasurer, each of whom shall be elected by the Commission. Section 2. Terms of officers shall be one (1) year and officers may succeed themselves. Section 3. The duties of the officers shall be as follows: CHAIR. The Chair shall preside over all meetings. The Chair shall appoint all standing and ad hoc committees. The Chair shall have the authority to call special meetings provided the proper notices are given. The Chair shall be responsible for establishing the monthly meeting agenda. The Chair shall be considered an ex-officio member of all committees. VICE-CHAIR. In the event of the absences of the Chair, the Vice-Chair shall assume the duties of the Chair. SECRETARY. The Secretary shall keep accurate records of all proceedings of the Commission. Minutes of all Commission meetings shall be promptly recorded and maintained and shall be open for public inspection. The Secretary shall keep an accurate record of RESOLUTION NO. 2015.459 attendance. The Secretary may be assisted in the execution of these duties by a person designated by City Manager, TREASURER. The Treasurer shall keep an accurate record of all monies received and disbursed by the Commission and make a monthly written financial report to the Commission. ARTICLE VI. DUTIES AND POWERS. Section 1. The Commission shall have the following duties and powers. a.The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business; b.To develop guidelines inclusive of the guidelines described in Exhibit 1, and a program for a Sister City relationship with other cities throughout the world; c.To prepare an annual report of the activities of the Commission for the Brooklyn Center City Council; d.To develop a budget as necessary for Commission projects to be considered by the Brooklyn Center City Council, including the annual membership dues to Sister Cities International Inc.; e.To initiate, sponsor, or conduct, alone or in conjunction with other cities or agencies, public programs to further public awareness of and interest in communities throughout the world emphasizing such things as the cultural, historical, and economic aspects of the City's adopted sister cities; f.To advise and assist the City in connection with such other activities as may be referred to the Commission by the Brooklyn Center City Council; g. To generally stimulate, facilitate, coordinate, and cooperate with existing organizations throughout the Country for the promotion and development of Sister City relationships. Section 2. Fundraising Activities. To generally stimulate, facilitate, and coordinate fundraising activities as needed. S RESOLUTION NO. 2015-159 ARTICLE VII. COMMITTEES. The Commission may include standing committees and other committees as deemed necessary and appropriate: Special committees or task forces may be created by the Chair of the Commission. All Committees or task forces are advisory in nature and do not have the authority to make final decisions on Commission policy regarding any Commission business. Such decisions are reserved for the Commission itself and must be considered at a regular or special meeting as defined above. ARTICLE VIII. INDEMNIFICATION. The City of Brooklyn Center is required by Minnesota Statutes, section 466.07 to indemnify and defend Commissioners, within certain limits, for. damages, including punitive damages, claimed or levied against them while serving on the Commission, provided the Commissioners were acting in the performance of their duties and they were not guilty of malfeasance in office, willful neglect of duty or bad faith. ARTICLE IX. AMENDMENTS OF BYLAWS. These bylaws may be amended at any regular business meeting of the Commission by a two-thirds vote of the entire membership, provided the amendment has been submitted in writing at the previous regular business meeting, and shall become effective when approved by the Brooklyn Center City Council. October 12, 2015 Date Mayor ATTEST: )^4ACity Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Wilson, April Graves,. Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center Procedures for Filling Commission/Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting and incorporated into each City Advisory Commission resolution defining duties and responsibilities: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1.Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2.Vacancies shall be announced in the City's official newspaper; 3.Notices of vacancies shall be sent to all members of standing advisory commissions; 4.Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5.The City Clerk shall forward copies of the applications to the Mayor and City Council; 6.The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Work Session Agenda Item No. 2 J(s1 I fl N M"4 I"A I DIk'A 0) UI 1SJAi DATE: July 25,2016 TO: Curt Boganey, City Manager FROM: Reggie Edwards, Interim Assistant to the City Manage SUBJECT: Street Maintenance Assessment Deferral Appeal Recommendation: It is recommended that the City Council consider providing direction to staff regarding the establishment of a Street Maintenance Assessment Deferral Appeal Policy. Background: In 1980, the City drafted and adopted the "assessment deferral program" in accordance with the 1974 Hardship Assessment Deferral For Seniors, Disabled, or Military Persons, Minnesota Statutes 435.193 through 435.195 (Attachment A). Both the State Statute and the Brooklyn Center's City Assessment Deferral Program (Attachment B) policies encompass eligibility requirements such as the applicant must be: 1.Homesteaded property owner. 2.65 years of age or retired due to a permanent and total disability. 3. Under "financial hardship" In order to participate in the "assessment deferral program" a resident would have to meet all three criteria. In November, 2015 the City of Brooklyn Center notified residents of a pending street and utility improvements project located within the Palmer Lake West Area Neighborhood. Two public hearings were held for residents to consider the improvements and special assessments associated with the project. The special assessment information presented to residents located in the project area was calculated in accordance with the City's Special Assessment Policy (Attachment Q. Along with the special assessment information, staff informed seniors and property owners who are retired due to disability that they may be eligible for the "assessment deferral program." Residents participating in the "assessment deferral program" would be permitted to defer a portion of the special assessments. In April, 2016, a determination of denial was issued to a resident by the City, because the applicant failed to meet the program requirements for eligibility. The failure to meet the criteria by the applicant was due to the applicant exceeding the income limits established as income hardship criteria for the program. Part of the determination of denial notice issued by the City was a statement regarding appeals. The applicant was informed that he/she could appeal the decision before the Council via written Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I1IJ[J I fl I ak'4 LA I a 0) UI WA!AJ letter to the Mayor requesting an appeal. A handwritten letter of appeal was forwarded to the City, May of 2016. Currently the City does not have an established appeal process for the Assessment Deferral Program as stated in the determination of denial letter sent to the applicant. This Council Work Session item is being introduced for the purpose of seeking Council direction regarding two issues: 1) whether or not the Council desires to have an appeal process, and 2) if so, then what type of appeal process would the Council desire. Policy Issues: Issue One - Council Determination to Have a Street Assessment Deferral Appeals Process According to the 1974 Hardship Assessment Deferral for Seniors, Disabled, or Military Persons, Minnesota Statutes 435.193 through 435.195, an appeal process was neither stipulated nor required. Therefore, the Council may decide to provide or not to provide an appeal process beyond the initial deferral determination. Pros: • The process and policy may be simpler • The process could be more clearly conveyed to citizens Cons: • There would not be a means to address differences in determination • There would not be a means to address exceptional and unusual circumstances • Citizens may feel powerless The second issue outlined below is only relevant if the Council decides to move beyond the first issue. Issue Two - Type of Street Assessment Deferral Appeals Process To be eligible for the City's Assessment Deferral Program, a resident applicant must be: 1.Homesteaded property owner. 2.65 years of age or retired due to a permanent and total disability. 3. Under "financial hardship" Beyond the criteria established to determine eligibility for the program, a proposed appeals process may start with the following step: Step One - An applicant may appeal a decision to deny an application for deferment to the City Council by submitting a written notice of appeal to the City Manager within 15 days of the date of the denial. The notice of appeal must state the basis for the appeal and provide any supporting facts. Beyond the initial step of a proposed process it is undetermined as to the course of the deferment appeal process requiring Council direction. The next steps in the deferral appeal process is of a "policy nature". Thereby, the Council is being asked to consider the following two options related to an appeal hearing: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust -11EIJ I fl I Dk U I Dk'4 (IIliUfthBJi Option I (Step Two) - If it is decided by the Council to conduct an appeal hearing, the purpose of the hearing may be to either uphold or modify the original determination of denial. Staff will have made a determination of denial based upon the established standards and policy (See Attachment A). The Council may determine that the appeal process involves only a determination of whether or not staff has sufficiently and completely applied the existing standards and policy to the deferral application. Council may ask for a paper review or presentation of the application and staff's determination of denial for its further consideration. Based upon further consideration application process and standards applied the Council may determine to either uphold or modify the original determination of denial. Pros: • The appeal process and policy may be simpler • The process may be more clearly conveyed to residents/citizens • The Council may speak directly to the reasons for a determination of denial based on established standards and guidelines • There would be a limited means to address differences in determination Cons: o There would be a limited means to address differences in determination o There would not be a means to address exceptional and unusual circumstances • Citizens may feel powerless • Citizens may feel that the appeal process is not authentic Option II (Step Two) - If it is decided by the Council to conduct an appeal hearing, the purpose of the hearing may be to make an assessment of exceptional and unusual hardship beyond the initial deferment criteria. The 1974 Hardship Assessment Deferral for Seniors, Disabled, or Military Persons, Minnesota Statutes states, "Nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants." This language provides the Council with options for consideration beyond the initial deferral determination criteria, which revolves around the special conditions of "exceptional and unusual circumstances". The Council may determine to establish an appeal process in order to ascertain whether or not there are "exceptional and unusual circumstances." IWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust $1IJ[SJ I fl I V k'A L I I'4 [I) UI WJhYA I Two examples of exceptional and unusual circumstance may be: a.Adverse Effect of the Appeal Process Exceptional or Unusual Circumstance - The deferment application reviewer did not consider exceptional or unusual circumstances incurred by the applicant within 30 days prior application submission. The circumstance incurred must also continue throughout the time period of the deferment. The circumstance may include physical debilitations conditions of health and well-being, housing or environmental hardship that affects applicant's ability to pay the recommended assessment established by the City. Such hardships shall be of an exceptional or unusual nature. b.Adverse Effect of the Denial Determination Exceptional or Unusual Circumstance - The denial of deferment leads to an exceptional or unusual hardship on the applicant. Hardship includes physical debilitations, threatens health and well-being, housing or environmental hardship affects the applicant's ability to pay the recommended assessment established by the City. Such hardships shall be of an exceptional or unusual nature. Demonstration of the presence of such hardship shall be the burden of the applicant to prove to the satisfaction of the Council. Pros: There would be a means to address differences in determination e There would be a means to address exceptional and unusual circumstances . Citizens may feel empowered Cons: • The process and policy may be more complex • The process could be less clearly conveyed to residents/citizens Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coinmwuty that enhances the quality of life for all people and preserves the public trust MINNESOTA STATUTES 2015 435.193 435.193 HARDSHIP ASSESSMENT DEFERRAL FOR SENIORS, DISABLED; OR MILITARY PERSONS. (a) Notwithstanding the provisions of any law to the contrary, any county, statutory or home rule charter city, or town, making a special assessment may, at its discretion, defer the payment of that assessment for any homestead property: (1)owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or (2)owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05, subdivision 5b or Sc, as stated in the person's military orders, for whom it would be a hardship to make the payments. (b) Any county, statutory or home rule charter city, or town electing to defer special assessments shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability, but nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. History: 1974 c 206 s 7, 1976 c 195 s 3; 1981 c 80 s 1, 2008 c 154 art 2 s 28 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. Al! Rights Reserved. MINNESOTA STATUTES 2015 435.194 435.194 PROCEDURE TO OBTAIN DEFERRED ASSESSMENT. The homeowner shall make application for deferred payment of special assessments on forms prescribed by the county auditor of the county in which the homestead is located. Where the deferred assessment is granted, the auditor shall record a notice thereof with the county recorder of said county which shall set forth the amount of the assessment. The taxing authority may determine by ordinance or resolution the amount of interest, if any, on the deferred assessment and this rate shall be recorded by the auditor along with and in the same manner as the amount of the assessment. History: 1974 c 206 s 8; 1976 c 181 s 2; 1976 c 195 s 4 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. Al! Rights Reserved. MINNESOTA STATUTES 2015 435.195 435.195 TERMINATION OF RIGHT TO DEFERRED PAYMENT. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any part thereof (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. History: 1974 c 206 s 9 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Attachment B SECTION II- GENERAL POLICIES City Council Code ofPolicies 4. Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1.The property upon which the assessment is deferred must be homesteaded; 2.The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. The applicant must have a "financial hardship' defined as: a.An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b.The aggregate total of special assessment instalments from previously existing special assessment -levies plus the first year of the current levy will exceed 1 1/2 percent of the applicant's annual income. B. Calculation 1.The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1/2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2.Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating th maximum 1 1/2 percent aggregate payment. i';*, Cantor 04/25/16 Pare 218 SECTION II— GENERAL POLICIES City Council Code ofPolicies C.Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D.Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1.The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2.The sale, transfer, or subdivision of the property or any part thereof. 3.If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. Reference: City Council Resolution Nos. 2005-17; 2001-122; 2000-195; 97-214; 97-118; 94- 274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292 cia - 04/25/16 Pare 219 Attachment C SECTION II— GENERAL POLICIES City Council Code of Policies SPECIAL ASSESSMENT POLICIES 2.10 Special Assessment Policy 1. General Policies A.Initiation of Public Improvement Projects Public improvement projects may be initiated by petition of affected property owners. Public improvements may also be initiated by the City Council when, in its judgment, such action is required. The Capital Improvement Program shall detail a program of street improvements based on Pavement Management Program data, street and utility maintenance records, Municipal State Aid Standards, and the Local Storm Water Management Plan. B.History In 1964, the Village Council approved a Special Assessment Policy which detailed matters regarding the financing of public improvements as the community developed. This Policy has been periodically amended, and related policies approved by separate resolution. In 1985, a substantial change in policy was approved by resolution, when the City abandoned residential assessments based on frontage to adopt a policy based on residence unit. This policy is intended to incorporate all policies related to improvement project financing. It is understood that this policy cannot anticipate every situation, and that certain circumstances may justify deviations from this policy. C. Financing and Assessment Policies Applicable to all Types of Improvements When an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefited properties within that area to the extent that the costs of such project can be deemed to benefit the properties. The following general principles shall be used as a basis of the City's assessment policy: The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, and other contingent costs. 2. The "assessable cost" of animprovement shall be defined as being those costs, which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. Said "assessable cost" shall be equal to the "project cost' of the current project, minus any City of Brooklyn renter 04/25/16 Page 211 SECTION II— GENERAL POLICIES City Council Code of Policies credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. Terms of special assessments shall be as follows: a.Street improvements - 10 years b.Bituminous alley improvements - 10 years Concrete alley improvements - 20 years C. Water and sanitary sewer hookups and improvements - 10 years d. Storm sewer improvements - 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. 2. Surface Improvements Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements Arterial streets shall be of adequate width to accommodate projected traffic volumes. Sidewalks shall be provided on-both sides of all arterial streets unless specifically omitted by the City Council, and shall be of the width approved by the City Council. 2.Collector streets (including commercial and industrial access streets) shall be designed based on anticipated usage, and shall normally be constructed in accordance with state aid standards. Sidewalks may be provided on one or both sides of all collector streets in accordance with the comprehensive plan and shall be at least 5 feet in width',unless otherwise approved by the Council. Wherever feasible, a boulevard at least 7 feet in width shall be provided, measured from the street face of curb to the street face of the sidewalk. 3.Residential streets shall be 30 to 36 feet in width, measured between faces of curbs or edge of street, unless otherwise approved by the Council. The Council may order the construction of sidewalks when such construction is warranted. 4.Alleys, in residential areas, shall be of bituminous construction unless drainage or other conditions require concrete. 5.Street lighting, when installed, shall be installed in accordance with the Council's policy on street lighting. Mid-block lights may be installed when the length of one block from the centerline of one intersecting street City of Brooklyn Center 04/25/16 Page 212 SECTION II— GENERAL POLICIES City Council Code of Policies to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefited areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets a. For residential properties zoned Ri, the assessment to be applied against each non-subdividable property shall be a unit amount established annually by the City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: 1.For reconstruction or resurfacing of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2.Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The RI unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the RI unit assessment. C. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be determined on an individual project basis. City of Brooklyn Center 04/25/16 Page 213 SECTION II— GENERAL POLICIES City Council Code of Policies e. For those properties zoned RI or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1.Benefiting properties abutting a state aid designated street shall be assessed in the same manner as those abutting other residential streets. 2.In those cases where a municipal state aid street improvement project totally removes parking from a residential street where parking was previously allowed, no special assessments shall be levied. Where parking arrangements have been made, special assessments shall be levied. b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: Commercial and industrial properties shall be assessed based on an area (acreage) basis. An "A" zone of benefit shall be determined on a project basis, but would typically include that area of all properties abutting the street to be improved, extending to a depth of 200 feet or the property depth, whichever is less. A "B" zone of lesser benefit may be established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. 2.Unless otherwise approved by the City Council, benefiting properties within this category will be assessed for 70 percent of the total project cost deemed to benefit the properties in accordance with Section 1.C. 3.If there is a combination of commercial, industrial and residential properties, the commercial-industrial rate will be determined by calculating an equivalent footage rate based on assessing 70 percent of the total project cost deemed to L. -.-. .:4T. C'Section 1 rbenefit *the p1upC'IL1C'z accordance City ofBrooklyn Center 04/25/16 Page 214 SECTION II— GENERAL POLICIES City Council Code of Policies while the residential properties will be assessed in accordance with Section 1.C. Other Streets a.Commercial and industrial properties abutting streets which are not designated as Municipal State Aid routes shall be assessed in the same manner as properties abutting State Aid routes. b.For owner-occupied residential properties located in a èommercially zoned area, where such property is not susceptible to subdivision into more than 2 residential uses with direct street access, the assessment shall be equal to the assessment amount established for residential properties zoned R-1 times the number of lots into which the property is susceptible to subdivision. 4. Alleys a.The cost of installation, resurfacing, or reconstruction shall be assessed on a unit basis. Forty percent of the cost to be assessed shall be assessed equally to all owners of lots abutting the alley. The remaining 60 percent shall be assessed equally to all owners of lots currently having access to the alley. b.The cost to be assessed shall include all project costs. For properties where a non-hard surfaced driveway exists, the cost of constructing an asphalt driveway between the paved portion of the alley and property line, minus the cost of sod restoration for an equivalent area, shall be individually computed and added to the uniform assessment for the specific property involved. 3. Subsurface Improvements Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi-official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. City of Brooklyn Center 04/25/16 Page 215 SECTION II— GENERAL POLICIES City Council Code of Policies B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of citywide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2.For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3.All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of citywide or area improvements such as interceptors and pumping stations. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2.For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3.All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing a service from the main to the building. City of Brooklyn Center 04/25/16 Page 216 SECTION II— GENERAL POLICIES City Council Code of Policies D. Storm Drainage All properties shall be assessed their share of the cost of installing storm drainage facilities to serve the property. In addition, all properties shall be assessed their share of city-wide or area improvements such as interceptors and detention ponds. For a project which includes construction of a storm sewer interceptor, detention pond, or other regional facility, an engineering study shall establish the distribution of benefit and determine the assessable portion of the project cost. The assessable cost of a storm sewer interceptor or detention pond shall be assessed equally per unit of area (square foot, acre, etc.) over the entire district served by the interceptor or detention pond. The assessment is generally levied in the current year of construction of the interceptor storm sewer or detention pond, and it is entirely likely that a large number of properties will be assessed which do not receive immediate and total drainage relief. It is, however, considered that such properties do accrue benefit from the interceptor storm sewer since the interceptor is available to receive lateral storm sewer connections, or the detention pond or other regional facility may provide relief from storm events of greater magnitude than a 5 year storm. .For those improvement projects where existing lateral or appurtenances are repaired or replaced, or slightly upgraded, no special assessment shall be charged. The full cost of said improvements shall be financed by the Storm Drainage Utility Fund. 3. For those improvement projects where laterals or appurtenances are installed to provide new service to previously unserved properties, or where service is substantially upgraded, a portion of the cost of said improvement shall be assessed. Said portion shall be the same as the assessable portion of residential street improvement costs. City ofBrooklyn Center 04/25/16 Page 217 SECTION II— GENERAL POLICIES City Council Code of Policies 4. Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1.The property upon which the assessment is deferred must be homesteaded; 2.The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. The applicant must have a "financial hardship" defined as: a.An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b.The aggregate total of special assessment installments from previously existing special assessment levies plus the first year of the current levy will exceed 1 1/2 percent of the applicant's annual income. B. Calculation The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1/2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 1/2 percent aggregate payment. City of Brooklyn Center 04/25/16 Page 218 Work Session Agenda Item No. 3 k'A B M'4 0] 1I B1IJ i1IJ[J I 1A!LU 1 i*'i0JI DATE: July 21, 2016 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Ordinance Amending City Code regarding license hearing requirements Recommendation: It is recommended that the City Council consider providing direction to staff regarding an ordinance allowing for the assignment of hearing responsibilities to a hearing officer. Background: Currently the City Council is required to hold an administrative hearing to approve a variety of actions (i.e. licenses, mitigation plans, or appeals to administrative actions). These hearing requests are typically rare. In the case of Type IV mitigation plan approval, the hearings are scheduled automatically though applicants very seldom request to be heard before the City Council. Staff cannot recall a single instance where the Council did not approve the mitigation plan as originally presented. We are asking the Council to consider this ordinance because we have found that the vast majority of administrative type hearings require a consistent non-discriminatory application of the administrative rules and do not require substantial policy discretion. If the Council adopts the ordinance as proposed, the Council at its discretion will decide what types of license hearings may be assigned to a hearing officer. The hearing officer will make his or her findings and report them to the City Council for final action. Policy Issues: By assigning Council administrative hearings to an appointed Hearing Officer is the community better served? Advantages: • The City Council is not burdened with the additional administrative duties, leaving more time for legislative and policy setting responsibilities. • Scheduling an appeal may be more flexible rather than being limited to the time of regularly scheduled Council meetings. Disadvantages: o Appellants may prefer to address elected officials on such matters of their concern. • An appellant may wish to appeal the Hearing Officer's decision to the Council. Mission: L'Ils"ring an attractive, clean, safe, incinsive community that enhances the qualit' of life for al/people and preserves the public trust kU k"A (I] 1.'II WJh'A IIJJ[SJ I iiI) 1 O1I o Appealed license approvals may be delayed until the hearing officer report is prepared. Value Proposition: Customer Intimacy Operational Excellence )liissuin: Ensuring an attractive, clean, safe, inclusive community that enhances the quaiilv oJlfe fir all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of , 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to requirements of firefighter personnel. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 12 AND 230F THE CITY CODE OF ORDINANCES REGARDING HEARING REQUIREMENTS FOR CITY LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 12-913, paragraph 4 is amended as follows: 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 tlhe applicant shall have an opportunity to be heard and present evidence s to the Council, or to a hearing officer if directed by the Council in accordance with Section 23-003.1, before the Council takes final action on the application. tlhe 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. Section 2. Brooklyn Center City Code is amended by adding a new Section 23-003.1 as follows: Seôtion 23-003.1 ASSIGNMENT OF HEARING RESPONSIBILITIES. Notwithstanding anything to the contrary in the City Code, the City Council may. by resolution. 'direct that one or more hearings required to be held by the City Code, or that may be requested by the applicant, related to a license, its issuance, renewal, nonrenewal, suspension, or revocation shall be conducted by a hearing officer appointed by the City Council. The City Council will identify, as part of the resolution, the specific hearings ORDINANCE NO. the hearing officer is to conduct. The notice of a hearing, or of the opportunity to request a hearing, will indicate if it will be conducted by a hearing officer. The City Council may appoint a hearing officer for a specific matter or it may adopt a list of approved hearing officers from which the Manager may select a hearing officer to conduct a specific hearing. The hearing officer shall conduct the hearing in accordance with all requirements of the City Code, any applicable laws, and shall provide the applicant an opportunity to be heard. The hearing officer must develop and submit his or her findinas and recommendations regarding the matter heard to the City Council for a final decision. Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ____ day of )2016. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 2 MEMORANDUM COUNCIL WORK SESSION DATE: July 21, 2016 TO: City Council FROM: Curt Boganey, City Manager SUBJECT: Ordinance Amending City Code regarding license hearing requirements Recommendation: It is recommended that the City Council consider providing direction to staff regarding an ordinance allowing for the assignment of hearing responsibilities to a hearing officer. Background: Currently the City Council is required to hold an administrative hearing to approve a variety of actions (i.e. licenses, mitigation plans, or appeals to administrative actions). These hearing requests are typically rare. In the case of Type IV mitigation plan approval, the hearings are scheduled automatically though applicants very seldom request to be heard before the City Council. Staff cannot recall a single instance where the Council did not approve the mitigation plan as originally presented. We are asking the Council to consider this ordinance because we have found that the vast majority of administrative type hearings require a consistent non-discriminatory application of the administrative rules and do not require substantial policy discretion. If the Council adopts the ordinance as proposed, the Council at its discretion will decide what types of license hearings may be assigned to a hearing officer. The hearing officer will make his or her findings and report them to the City Council for final action. Policy Issues: By assigning Council administrative hearings to an appointed Hearing Officer is the community better served? Advantages: • The City Council is not burdened with the additional administrative duties, leaving more time for legislative and policy setting responsibilities. • Scheduling an appeal may be more flexible rather than being limited to the time of regularly scheduled Council meetings. Disadvantages: • Appellants may prefer to address elected officials on such matters of their concern. • An appellant may wish to appeal the Hearing Officer's decision to the Council. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i I k' OJ 1II I1IJ EI1fl(iJ I 'LI) 1 C1 3II1 (I)l Value Proposition: Customer Intimacy Operational Excellence Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for all people and preserves the public trust MEMORANDUM COUNCIL WORK SESSION DATE: July 25, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion on the acquisition of 3 lots within the Shingle Creek Crossing Development (planning for full daylighting of Shingle Creek). Recommendation: It is recommended that the City Council consider providing direction to staff regarding the potential acquisition of 3 lots within the Shingle Creek Crossing Development associated with the planning for the full daylighting of Shingle Creek. Background: On January 12, 2009, the City Council adopted Resolution No. 2009-21, A Resolution Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site. The Framework Plan included the following strategic priorities for the Brookdale Mall portion of the creek which were discussed with the previous Mall owner and the prospective new owner of the Mall with both parties receptive to working with the City to include the following design principals into their redevelopment plans: 1.A new daylighted, low-flow creek channel that incorporates a meandering alignment, substrate diversity, riffles and pools, and native riparian vegetation that will restore ecological function and facilitate fish migration. 2.A culvert under the new mall entrance that will direct low flows to the new daylighted channel, but restrict high flows, forcing the water to overtop the existing weir and into the existing box culvert. This allows for a relatively narrow creek corridor at the surface. 3.The aesthetics of the new daylighted creek will provide a soft green environment that is pleasant to view and pass through year-round. 4.The new creek corridor will provide aesthetic and recreational value that supports parcel redevelopment adjacent to the creek. 5.The new creek corridor will be an identity-giving element for the area 6.Redevelopment adjacent to the creek should consist of entertainment-based retail uses that take advantage of creek views/access. Iissio,z: Ensuring an attractive, clean, safe, inclusive coininunitj' that enhances the quality of life for all people and preserves the jjiiblic trust MEMORANDUM COUNCIL WORK SESSI{ON The 2010-11, Gatlin Development included this design framework in their planning concepts and preparation of the PUD plans for the Shingle Creek Crossing Development. As shown in their initial PUD Master Plan, the plan included the partial daylighting of Shingle Creek as a site amenity; continuing the use of the two 12'x12' box culverts for major flow of Shingle Creek, and the planning of a restaurant use overlooking the upper ponding portion of the creek and weir; a multi -tenant retail building with end cap patio areas adjacent to the central portion of the partial daylighting, and a junior box site planned for Best Buy. (refer to 2011 Master Plan image below): - O"tU TLUf1 Ib * - - - -? ,' PROPOSED PYLON SIGN PROPOSED MONUMENT , ---- - = cc2-; PROPOSED SHINLE t ' - IiV CREEK REGIONAL IL 4 4 -S 4 SIGN - / ' DIRECISONAL- ' ' PROP OSED DAYLIG fWED H1NyLI:'CREEK" e. 'f'-TRAILCONIIECTION,/ I TO EXISTING BRIDGE STORE #562S.W CREEK BOX C^L^ERT EXISTINGSHINGL PROPOSED IR^AYPYLON "r FILTRATION AREA ITYP) --SHINGLE CREEK CROSSING The decision by Best Buy not to proceed with their plans for Site Q, resulted in a redesign of this lot into two additional restaurant pad sites with patio areas. The new Pad Site Q included a large ponding area designed to enhance the partial daylighting of Shingle Creek. The concepts also included consideration for a fountain (aeration) and a pumping station to lift the water from the southern portion of the creek to address drainage issues caused by the static water elevation of the creek within the box culverts. Mission: Ensuring an attractive, clean, safe, inclusive coin,nunitj' that enh ances the (/11111113' of life fbi all people and preserves the public trust MEMORANDUM COUNCIL WORK SESSJ{ON /' LWQQ) U 0 COUNTY ROAD NO.10 MOJMENT SIGN-, - - 1MON --:2* 29PPd5jr- PYLORI SIGN - -- ---- 1;# SGNGLECREEK TRA IILCONNECTON TO EXISTING BRDGE .1 PROPOSED ADDIT[ON.A fSHINGLE CREEK DEYUGHTIGG SHINGLE CREEK CROSSING BROOKLYN CENTER, MN While Gatlin Development is optimistic that leasing activity of the current vacancies is picking up, the sluggish market activity has placed the development of additional commercial buildings on hold. While it is our opinion that given time, there will be positive changes to our market area that will be driven by successful projects, such as the market rate apartments planned for the Opportunity Site, and these successes will lead to more private investments into new businesses opportunities and real estate ventures. During in the interim, staff has been considering options and opportunities that would be complementary to the development, promote the City's vision and future development plans, and the Developer's strategies to complete this project. The full daylighting of Shingle Creek is such an opportunity which can be accomplished through the acquisition of 3 lots adjacent to the creek (approximately 172,000 sf.) that the Developer is willing to sell to the EDA for the mortgage value of $L7M. jl-Jissioj,: Ensiiriizg an attractive, clean, safe, inclusive con,inunit tli at enhances the quality of life for all people and preserves the public frust ) I MEMORANDUM COUNCIL WORK SESSION NF- M-1162 _LJ_IL -nrnT iTIHiII\\ '\\\\ () SMALL RE1I \ (-' SHOPS 'ADDED TAL USE 6^41N!PqEr) 4 / I ' \ TO RESTAURANT\\\ ®/IE 20500sf N'22 SYMBO LLEGENI PLAN I I /---- P,DB\A The following illustrates a concept that removes the two 12'x12' box culverts and accomplishes the full daylighting of Shingle Creek with ponding area that include aeration/fountains. The concept maintains the option for two freestanding restaurant pad sites with patio areas overlooking the ponds. IA I DIh'A [I] P1IIk' EI1SJ[IJ I !i'LIJ 1 C'J *'ii [iJl Policy Issues: Is the EDA/City Council interested into proceeding with the acquisition of lots within Shingle Creek Crossing to facilitate opportunities for the full daylighting of Shingle Creek? Does the EDA/City Council support the use of Tax Increment generated from the Shingle Creek Crossing Development to fund opportunities for the full daylighting of Shingle Creek? Mission: Ensuring an attractive, cleat,, safe, inclusive community that enhances the quality of life for all people and preserves the public trust