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HomeMy WebLinkAbout2017 08-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION August 14, 2017 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center August 14, 2017 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 podium. 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. Approval of Minutes 1.July 17, 2017— Joint Work Session with Financial Commission 2.July 24, 2017 - Study/Work Session 3.July 24, 2017 - Regular Session 4.July 24, 2017 - Work Session b. Licenses C. Resolution Suspending the Rental License for 4100 Lakebreeze Avenue North d. Resolution Appointing Financial Advisor e. Resolution Calling for a Public Hearing on Proposed Special Assessment for Delinquent Public Utility Service Accounts CITY COUNCIL AGENDA -2- August 14, 2017 f.Resolution Approving a Limited Lease for BC Liquor at 3615 48th Avenue North, Brooklyn Center, MN 55429 g.Resolution Calling for a Public Hearing on Proposed Special Assessments for Delinquent Nuisance Abatement Costs and Delinquent Administrative Fines/Citations h.Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees i.Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees j.Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-05, 57th Avenue Street Improvements k.Resolution Authorizing Application for 2017 Minnesota Highway Freight Program Grant for the Interchange Project at Trunk Highway 252 and 66th Avenue 1. Resolution Authorizing Execution of an Amendment to August 27, 2009, Trailway Cooperative Agreement Between Three Rivers Park District and the City of Brooklyn Center m. Resolution Adopting a Vision Statement and Reaffirming the Mission Statement 7. Presentations/Proclamations/Recognitions/Donations a.Proclamation Declaring the Week of September 25, 2017, through October 1, 2017, as Diaper Need Awareness Week Requested Council Action: —Motion to adopt proclamation. b.Proclamation Declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings —None. 9. Planning Commission Items —None. 10, Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses CITY COUNCIL AGENDA -3- August 14, 2017 1.6001 Admiral PI 2.5043 Brooklyn Blvd 3.66ll Camden Dr 4.5025 Drew Ave N 5.7Ol8 France Ave N 6.7ll9 Halifax Ave N 7.4718 Twin Lake Ave 8.Resolution Approving a Type IV 6-Month Provisional Rental License for 3300 65th Ave N 9.Resolution Approving a Type IV 6-Month Provisional Rental License for 6015 Aldrich Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 6336 Beard Ave N 11. Resolution Approving a Type IV 6-Month Provisional Rental License for 5420 Emerson 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. b. Resolution Declaring a Public Nuisance and Ordering Abatement at 5848 Aldrich AveN Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from property owner. —Motion to close hearing. —Motion to adopt resolution. C. Resolution Declaring a Public Nuisance and Ordering Abatement at 6007 Lyndale Ave N Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from property owner. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center August 14, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. July 24, 2017—Regular Session 4.Commission Consideration Items a.Resolution Calling for a Public Hearing Regarding the Sale of Land Located at 5315 James Avenue North Requested Commission Action: —Motion to adopt resolution. b.Resolution Calling for a Public Hearing Regarding the Sale of Land Located at 5301 James Avenue North Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 14, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1.BrookLynk Cooperative Agreement 2.African Career & Education Resource, Inc. (ACER) Affordable Housing 3. Discussion Regarding a Letter of Intent with Ebert Construction for the Commercial Development of Approximately 2 Acres of the Northern Portion of Lot 1, Block 1, Northbrook Center 2 d Addition. (Four Story, 112,000 SF Commercial Storage Building - 57 t & Logan Avenues North) PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.South Opportunity Site Development 2.Conducting City Council Business Electronically 3.Food Trucks Update 4.Liquor Licensing Update 5.Policy Regarding Commercial Filming within the City Limits 6.Everybody In Update (August 28) 7. Water Meter Failure Update (August 28) Oty C©mm©ll Agenda I[trn N0 &a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITYOF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JULY 17, 2017 CITY HALL - COUNCIL CHAMBERS The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting City Engineer Mike Albers, and Deputy City Clerk Rozlyn Tousignant. Councilmember April Graves was absent. Others present were Financial Commissioners Aima Burke, Tia Hedenland, Teneshia Kragness, and Dean Van Der Werf. Commissioners Jeffrey Dobbs, Steve Landis, Rex Newman, Dan Schueller, and James Schultz were absent. APPROVAL OF AGENDA Councilmember Ryan moved for adoption of the July 17, 2017, agenda, Councilmember Lawrence-Anderson seconded. Motion passed unanimously. [Sri ai 'i I I'Jii hi I UI] Wild I(S)I Mayor Willson provided a brief welcome and overview, along with City Manager Curt Boganey and Finance Director Nate Reinhardt. Mr. Boganey informed the purpose of tonight's meeting was to discuss the long-range Capital Improvement Plan and the annual Capital Program for the various Capital Funds of the City. Mayor Willson added that the City of Brooklyn Center has changed its focus to long-term goals and planning when preparing budgets and Capital Improvement Funds. CAPITAL IMPROVEMENTS PLAN 2018 - 2032 Finance Director Nate Reinhardt provided a PowerPoint presentation and review of the Capital Improvements Plan 2018 —2032. Mr. Reinhardt reviewed the project types and funding sources. Mr. Boganey requested that Mr. Albers explain the pavement rating system. Mr. Albers stated that each year the City tries to rate 1/3 of the City streets to plan and prepare renovation of City roadways. 07/17/17 -1- Mayor Willson asked if there should be a concern about mill and overlays in the City considering the issue that took place with concrete bubbling in connection to adding asphalt placed on top of 1-94. Mr. Albers replied that there shouldn't be much of a concern regarding that issue. Mayor Willson asked the process the City would need to go through to ensure a high-speed bus route for the Blue Line and 63' Avenue. Mr. Albers stated that the road was designed for an anticipated increase in volume after renovations and that further improvements are not expected to be needed. Mr. Reinhardt's presentation included information on the various Capital Projects Funds including Capital Improvements Fund, Municipal State Aid Fund, Street Reconstruction Fund, Infrastructure Fund, Overview of Utility Fund, Technology Fund, EBHC Capital Fund, and BC Liquor Capital Fund. He provided an overview of CIP changes, costs, funds, and cash flow analysis. Mr. Boganey asked what qualifies as a Capital Project. Mr. Reinhart replied that anything that is greater than $50,000 would likely qualify as a Capital Improvement Project. Commissioner Van Der Werf inquired about the Brooklyn Boulevard project and how the City is funding it. Mr. Albers stated that the City has applied for grants which have covered a significant portion of the funding. Mr. Boganey asked Mr. Albers about the parameters of the Firehouse Park area improvements and the Beilvue mill and overlay area. Councilmember Ryan asked whether the Beilvue area improvements would be in the area of Belivue Park around 55th Avenue. Mr. Albers clarified the streets for the Council. Mayor Willson inquired if the City of Brooklyn Center could anticipate issues with street light posts and small cell reception. Mr. Boganey stated that the League of Minnesota Cities is looking to create a model ordinance for cities to consider regarding some concerns over service companies/vendors relying on city utilities for small cell reception. Councilmember Lawrence- Anderson asked what qualifies as small cell. Mayor Willson replied that small cell receptors refer to cell phone data receptors that are 50 and under. Councilmember Lawrence-Anderson asked about the arboretum trail project schedule change. Mr. Albers replied that the assessment was that the arboretum trails would likely maintain well and would not need improvements for several years. Councilmember Butler commented that the Capital Improvement report was well put together and easy for a lay-person to follow and understand. Councilmember Ryan inquired about the Special Assessment Bonds and if they are considered General Obligation Bonds. Mr. Reinhart stated that the difference would be considered General Obligation Bonds. 07/17/17 -2 Mayor Willson asked about the Earle Brown Heritage Center Estate Bypass Walkway and what that entails. Mr. Boganey stated that staff would look into the item and provide Council with clarification. Mayor Willson stated that an Espresso/Latte station would likely do well at the Earle Brown Heritage Center with outside clients renting rooms for conferences, whereas beforehand clients needed to leave the property. Mayor Willson asked about the Cash Flow for the Golf Course. Mr. Reinhart stated that would be presented at the Enterprise Fund presentation/work, session. Mayor Willson queried about the Cash Flow of the Liquor operation. Mr. Reinhart replied that staff can gather information and put a report together for Council. Councilmember Ryan moved and Councilmember Butler seconded to adjourn the Work Session at 7:51 p.m. Motion passed unanimously. 07/17/17 -3 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 24, 2017 CITY HALL - COUNCIL CHAMBERS mtIISMUiDW The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Mayor Tim Willson, Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Community Activities, Recreation and Services Jim Glasoe, Interim Communications Coordinator/Planning Specialist Angel Smith, City Clerk Sharon Knutson, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL MEDIA TRAINING The Council participated in media training provided by Steve Gill, Ghost Communications. NI'KS1S]W[SiIRI] IIJ (I]tS) DU1 DKI 7 N I 4FVAI lISlil 3I I [IhN Councilmember Ryan requested discussion on Item 10b, Hearing for Keia IsaacsonlPBK Properties, LLC regarding rental property located at 4100 Lakebreeze Avenue N., noting the staff report contains considerable detail as to the nature of the violation in not keeping current with taxes and utilities. He asked whether the City Council should consider this topic during a Work Session and whether to set a formal policy for appropriate action for first offense and/or subsequent offenses. Councilmember Ryan noted it had been the opinion of former City Attorney LeFevere that having a policy could protect the City from liability in the case of legal challenge to City Council action to revoke or suspend a license. Mayor Willson stated he has a clear understanding of that conversation and what the results should be but would not object to discussion of that topic. He noted, however, that having a formal written policy may take away some rights of the City Council in making a decision, such as it may be a first-time event but there may be other things going on that preclude the Council from considering such if there is a written policy in place. Mayor Willson stated as to whether the public hearing should go forward based on the violation, it was concluded the public hearing should still be held, even if payment has been made, to address the fact that the taxes had not been paid on time. 07/24/17 -1- DRAFT Councilmembers Graves, Butler, and Lawrence-Anderson indicated they do not feel it is necessary to discuss at a Work Session as they understand the information and intent. Councilmember Ryan stated he does not think having a written policy would preclude the City Council's decision but he will accept the position of his colleagues. Councilmember Lawrence-Anderson requested the following correction to the Work Session minutes of July 10, 2017: Page 6, Paragraph 2, Last Sentence: "She stated she is concerned about the City's image and safety, and supports education of the public that this is not best use of their personal resources but does not support allocating taxpayer money to utilize our City's personnel resources for this issue." It was the consensus of the City Council to accept the correction to the July 10, 2017, Work Session minutes. U)iSiIfl1E (II kilili 1k4 S) I[I]4Ih'A&'A'i itU I'LSLS1IJ[IJI! The Study Session was adjourned at 6:45 p.m. to the Informal Open Forum. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. MISCELLANEOUS Councilmember Ryan stated he attended the Metro Cities General Government Policy Committee meeting. In review of last year's policies, he did not see anything directly in conflict with or that would impinge upon the City's complaint directed at the Met Council to HUD. He stated he wanted to show City Manager Boganey the naturally occurring affordable housing policies in case he had failed to notice something that may be pertinent to that discussion. Mayor Willson reported on an e-mail he had received today relating to the HUD complaint. He stated the legal representative recommended allowing HUD to work to completion on the HUD complaint, determine their decision, and whether it will include a letter of findings of some sort. Mayor Willson stated he supports that recommendation. Councilmember Ryan stated the policies • are quite detailed and not appropriate to go through all of them tonight so he will provide this information to City Manager Boganey and schedule a time to talk with him. Councilmember Graves provided the City Council with information from the National Young 07/24/17 -2- DRAFT Elected Officials Convening for their review. r jImJ1IsuIk1I Councilmember Graves moved and Councilmember Butler seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 07/24/17 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 24, 2017 CITY HALL - COUNCIL CHAMBERS •I1IJ JaI1[S] RU!i:&W VI f UESiIJEI P 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, Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Community Activities, Recreation and Services Jim Glasoe, Interim Communications Coordinator/Planning Specialist Angel Smith, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, 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 Lawrence-Anderson seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. iI'LSIW t(I)I Councilmember Ryan requested a moment of silence and personal reflection to seek the guidance of a Greater Power as the Invocation. t,I,] 1 I] DI i a[eilJ W IRIf II a'f'LU I DI The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 07/24/17 4- DRAFT Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, City Prosecutor Joseph Murphy, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT NMI) Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of July 10, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.July 10, 2017— Study Session 2.July 10, 2017 - Regular Session 3. July 10, 2017 - Work Session 6b. LICENSES MECHANICAL Air Express, Inc. All Climate Mechanical Anderson's Residential Heating Appliance Connections, Inc. Northland Mechanical Contractor Residential Heating & A/C, Inc. RENTAL INITIAL (TYPE II - two-year license) 5412'/2 Fremont Ave. N. RENEWAL (TYPE III— one-year license) 4214 Lakeside Ave. 5311 Emerson Ave. N. RENEWAL (TYPE II— two-year license) 6436 June Ave. N. RENEWAL (TYPE I— three-year license) 5120 Drew Ave. N. 5836 York Ave. N. 07/24/17 -2- 1010 118 t Ave. NE, Blame 7944 University Ave. NE, Fridley 1628 County Rd 10 #34, Spring Lake Park 12850 Chestnut Blvd., Shakopee 9001 Science Center Dr., New Hope 1815 East 41st Street, Minneapolis Gary Anakkala James E. and Gloria R. Schoultz Kin Chew Jenny Pham Neng Xi Zhang Courtney Thao Tran DRAFT SIGNHANGER KORT Sign Design 6146 Olson Memorial Hwy, Minneapolis Signminds, Inc. 1400 Quincy St., Minneapolis 6c. RESOLUTION NO. 2017-105 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES 6d.RE SOLUTION NO. ORDERING THE RE,-111:!i TREES (ILISJ NUISANCE C 6e. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD SEPTEMBER 29 THROUGH OCTOBER 1, 2017 Th __AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, COMMUNITY CENTER SUPPLEMENTAL HVAC UNIT PROJECT 6g.RESOLUTION NO. 2017-108 ADOPTING THE 2018-2020 BROOKLYN CENTER STRAATEGIC PLAN 6h.RESOLUTION NO. 2017-109 APPROVING THE AGREEMENT WITH NORTHERN CAPITAL INSURANCE GROUP AS THE CITY'S INSURANCE AGENT OF RECORD 6i, RESOLUTION NO. 2017-110 AMMENDING THE SPECIAL ASSESSMENT FEES FOR 6018 ALDRICH AVENUE N 6j. RESOLUTION NO. 2017-111 ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2017-10 AND 2017-11, 2017 PAYMENT, TRAFFIC SIGNAL SYSTEM AND TRAIL REHABILITATION IMPROVEMENTS (69TH AVENUE AND FRANCE AVENUE) Motion passed unanimously. V.. 1JIILI)fi iIIJ .rJd I (I] 1D(ILIihIi I [I]iII]UES] None. 8. PUBLIC HEARINGS None. FfiIS)I MV 07/24/17 -3- DRAFT 9a. PLANNING COMMISSION APPLICATION NO. 2017-005 SUBMITTED BY JACK SHAW, SHAW CONSTRUCTION, REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 6,080 SF ADDITION WITH A MINOR AMENDMENT TO THE PUD/I-1 DEVELOPMENT AGREEMENT Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2017-005 regarding the request by Jack Shaw, Shaw Construction, Inc., for approval of Site and Building Plan for a 6,080-sq. ft. addition (1,280 sq. ft. of showroom/office space and 4,800 sq. ft. of industrial space) with a minor amendment to the PUD/I-1 Development Agreement for 6601 Parkway Circle. He advised the Planning Commission recommended approval of the applications at its July 13, 2017, meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-112 Regarding the Recommended Disposition of Planning Commission Application No. 2017-005 Submitted by Jack Shaw, Shaw Construction, Inc. Requesting Approval of Site and Building Plan for a 6,080-sq. ft. addition with a Minor Amendment to the PUD/I- 1 Development Agreement for 6601 Parkway Circle. Mayor Willson thanked staff for working with the applicant and stated he is pleased this business will stay in Brooklyn Center. Motion passed unanimously. 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 100. lOal, 904 53RD AVENUE NORTH 10a2, 5214 EWING AVENUE NORTH 10a3, RESOLUTION NO. 2017-113 APPROVING A TYPE IV 6-MONTH 07/24/17 -4- DRAFT IA'iKi [SJfl N1 VR&SJk N LVA DIIJ aUISMU I Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 904 53rd Avenue North; 5214 Ewing Avenue North; and, adopt RESOLUTION NO. 2017-113 Approving a Type IV 6-Month Provisional Rental License for 1425 55th 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. " City Manager Curt Boganey introduced the topic and advised that the property owner was delinquent in payment of first half taxes and City Code Section 12-901, subd. 9, requires rental licenses with three or more units to be current on payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property. According to Code, the information was submitted to the City Council for holding of a hearing and determination on the dispensation of the license. Joseph Murphy, City Prosecutor's office, stated Keia IsaacsonlPBK Properties, LLC, is the owner of 4100 Lakebreeze Avenue N. and since this apartment comprises four units, the owner must remain current in payment of property taxes. He indicated the City confirmed with Hennepin County Taxpayer Services that on June 6, 2017, the first half 2017 property taxes on this property were unpaid. On June 6, 2017, City Clerk Knutson sent a letter to Keia IsaacsonfPBK Properties, LLC notifying of the unpaid property taxes and payment must be paid within ten days. On June 26, City Clerk Knutson notified the City Prosecutor that property taxes were still not current and on the same date, the City Prosecutor mailed a letter and notice of proposed license action to Keia IsaacsorilPBK Properties, LLC. He noted that letter was not received by the property owner until June 29, 2017, but on June 28, 2017, Hennepin County confirmed the first half 2017 property taxes were paid in full including penalties and interest. Mayor Willson asked whether this is a newly constructed property. City Clerk Sharon Knutson stated the property was built in 1964; the owners are new and just applied for the rental license on December 2, 2016, and the license was issued on May 22, 2017. May 17, 2017, was the date property taxes were required to be paid and the City Council meeting was on May 22, 2017, so that was during the grace period in payment of taxes. She stated the City Code also provides for two other options, which are to not renew or to deny the license, but since this license is not pending initial approval or renewal, the two options for consideration are revocation and suspension. Councilmember Ryan asked whether the new owners were fully apprised of the City's ordinances and requirements. Ms. Knutson answered in the affirmative. Mayor Willson opened the floor for comment by the property owner, noting the property was not 07/24/17 -5- DRAFT in attendance. Councilmember Ryan moved and Councilmember Butler seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded that given they are new licenses and the violation is cured, to suspend until all the fees, taxes, utilities, and financial obligations have been resolved. Mr. Boganey stated typically prior to the City Council determination, staff is directed to prepare a resolution with findings of fact. Mayor Willson stated the City Council could treat this matter as a first-time offense and allow it to go forward as the payment has been made. Or, as included in the motion, staff could be directed to suspend the license until the taxes are paid. In this case, the license would be suspended but since the taxes are paid, it would still move forward. City Attorney Gilchrist stated it appears the City Council supports directing staff to prepare a resolution for action by the Council at the next meeting. The motion on the floor directs staff to prepare a resolution to suspend the license conditioned on Code compliance (paying taxes). At the next meeting, the City Council would take action on that resolution; however, it would not have a punitive action on the property owners since the taxes have been paid. He advised of the importance of having findings in writing for the City Council's consideration. Councilmember Ryan moved and Councilmember Graves seconded to direct staff to prepare a resolution to the City Council to provide for suspension of this license in lieu of the owner making good on all financial commitments and taxes paid to the City. Councilmember Ryan stated in reviewing the recommendations from former City Attorney LeFevere, he would like the Council to be consistent in its actions in proportion and type of violation. Mayor Willson agreed and noted the Ordinance specifically states suspension or revocation and the message needs to be clear that their rental license will be suspended if property taxes are not paid. He stated he supports the motion as it suspends the rental license until the taxes are paid. Mr. Boganey stated this action will also create a clear record of the action and rationale for that action should there be subsequent violations. He noted the Ordinance requires a time period for the suspension and the motion mentions that time period as being payment of the taxes. Motion passed unanimously. 07/24/17 -6- DRAFT IL— _ES1,hiSJ In 1 31 i] V I Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: July 11, 2017: Public Announcement for City of Brooklyn Center Branding Campaign o July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign o July 13, 2017: Helped the Housing Commission deliver Welcome Bags o July 17, 2017: Metro Cities Policy Committee Meeting on Regional Transportation Issues July 17, 2017: Joint Meeting with Financial Commission o July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting o July 21, 2017: Metro Cities Housing and Economic Development Committee o July 25, 2017: Community Dialogue Session Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • July 11, 2017: Media and Public Roll Out for City's new Logo as part of the Branding Campaign • July 17, 2017: Joint Meeting with Financial Commission • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting • July 25, 2017: Community Dialogue Session • July 28, 2017: Grand Opening and Ribbon Cutting of Boost Mobile Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • July 12-16, 2017: Young Elected Official National Convening and thanked the City for the opportunity to attend • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting • July 27, 2017: League of Minnesota Cities Racial Equity Training • August 1, 2017: National Night Out Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: o July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign o July 17, 2017: Joint Meeting with Financial Commission o July 19, 2017: Crime Prevention Meeting o July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting o July 25, 2017: Community Dialogue Session Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • July 11, 2017: Press Roll Out for City's new Logo and Branding Campaign • July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign • July 14, 2017: Meeting with City Manager Boganey • July 17,2017: Joint Meeting with Financial Commission 07/24/17 -7- DRAFT • July 18 2017: Rotary Club Meeting • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting Mayor Willson stated he is unable to attend the Boost Mobile Ribbon Cutting and asked Councilmember Ryan if he could attend in his place. Councilmember Ryan answered in the affirmative. Mayor Willson stated on the morning of same day he will provide a welcome to the Minnesota Summit on Parental and Youth Infant Exposure Conference at the Earle Brown Heritage Center. Mayor Willson stated today he requested a proclamation for an organization working with opioid addiction and newborns. He has noticed everyone is mentioning the opioid crisis in the United States and he firmly believes it has been induced over the past 4-5 years by pharmaceutical opioids as well as the number of opioids available. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:45 p.m. Motion passed unanimously. 07/24/17 -8- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 24, 2017 CITY HALL - COUNCIL CHAMBERS rwiit.x.iei I]D The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:03 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. SHOPPING CENTER PROPERTY MAINTENANCE City Manager Curt Boganey stated Councilmember/Commissioner Butler requested a discussion of shopping center property maintenance and the City Council agreed to do so at a Work Session. He had provided a cover memorandum and Chapter 19, Public Nuisances and Petty Offenses Ordinance, that has been used to enforce these types of conditions on public and/or private property. Mr. Boganey stated the ordinance clearly encompasses all issues raised as a concern, specifically as it relates to rubbish and garbage on private properties. It is clear that a certain amount of accumulation of rubbish on private properties would constitute a public nuisance and if the City determines a public nuisance exists, the City can take enforcement action and abate the nuisance in a number of ways. Mr. Boganey reviewed the methods available to abate the nuisance including court action or administrative judge's decision. He noted the City has a number of legal options under this ordinance and the officers need to use reasonable judgment in determining what constitutes a nuisance and that a clear violation exists to create a public nuisance. Mi. Boganey stated he would like to talk about staffs perspective on what has been identified, in staffs opinion, relating to the extent to which litter and garbage and rubbish at shopping centers has been observed to exist. Then he would like the City Council's/EDA's input on their observations and perspective. Mr. Boganey explained the goal is for staff to be informed by the City Council/EDA' s judgment. Mayor/President Willson stated the City must be consistent so there has to be general consensus on what constitutes a violation of the ordinance. 07/24/17 -1- DRAFT Mr. Boganey stated over the years, this issue has existed at different shopping centers at different times and after numerous calls, complaints, and notices, staff has issued citations and fined the property. However, the City has not found it necessary to abate the nuisance at a shopping center. In recent years, staff has observed the Shingle Creek Crossing Center to have a consistent/on-going problem with litter and rubbish. It has been brought to the staffs attention by citizens, Council Members, and staffs own observations. Mr. Boganey explained the Code Enforcement Officers regularly drive through shopping center areas to determine if a littering violation exists. Mr. Boganey stated as it relates to Shingle Creek Crossing, the owner has a contract with Mid- America Management who is responsible for the upkeep and maintenance of that property. That does not include the Walmart property. In Shingle Creek Crossing, there are two responsible parties: Walmart and Mid-America. He stated staff has observed problems with both properties and had conversations with both companies. Earlier in the year, the trash receptacles by T.J. Maxx were overflowing, in clear violation of the ordinance. After talking to Mid-America about that issue, they made some adjustments and expanded the frequency that they checked to make sure the receptacles were dumped. Currently, it is staffs understanding that a service is provided by Mid-America 7 days a week to make sure the receptacles have been emptied. They have also assigned a person with the responsibility to make sure the litter is picked up from the sidewalks and parking lot five days a week. However, that person does not work on Saturdays and Sundays, which are the days of highest volume. When asked, Mid-America indicated this is the practice they follow with their other properties. Mr. Boganey stated Walmart has taken action that has helped, but the greatest location of concern is the T.J. Maxx area of Shingle Creek Crossing. He stated in previous years, none of the City's shopping center areas have had a problem with litter/rubbish to the level found with the Shingle Creek Crossing property. Mr. Boganey stated the alternative to using Code Enforcement as the exclusive tool, is to work with/encourage/convince landlords/property owners/property managers that it is in their best interest to make sure their property is maintained so the City is not strictly relying on a reactionary fine or Code Enforcement action to get movement. Mr. Boganey stated staff believes, specifically as it relates to Saturdays and Sundays at Shingle Creek Crossing, that the most effective thing to do at this stage is to make it absolutely clear, in writing with Mid-America and Walmart, that there is a need for them to beef-up their maintenance operations, particularly on those days and should they fail to take the appropriate steps, then the next actions will be fines, notices, and other forms of enforcement. Mr. Boganey stated staff thinks that has the likelihood of improving things substantially at Shingle Creek Crossing so that is staffs intention in order to make some improvement. Councilmember/Commissioner Ryan stated he has heard complaints from residents and supports Mr. Boganey' s recommendation. He asked staff to tell property owners that the City has been firm on Code enforcement with residential properties and with citing the violation and imposing fines. 07/24/17 -2- DRAFT Mayor/President Willson agreed and stated the City needs to be consistent in taking enforcement action. He stated before he was Mayor, he was cited for branches and sticks so he knows Code Enforcement is enforcing the Code. He stated during this discussion, citizens have come forward about Shingle Creek Crossing but the City cannot single out just those businesses and must be consistent in how the message is delivered. He recalled a property on France Avenue that was abated. Mr. Boganey stated it is staffs perception that in recent years/months, what has transpired at the Shingle Creek Crossing property, and to a lesser degree the Walmart property, is the most consistently egregious violator so that property is not being singled out because of who they are but rather in response to what has been a fairly consistent, ongoing episodic issue as they may do well for a while and then become lax. Councilmember/Commissioner Butler stated she thinks this is a global area and Shingle Creek Crossing is one of the worst examples. She explained this bothers her because it is such a nice area and so much money and effort went into beautification of that area. She stated in other areas of the City, there are also businesses that are not keeping up their property. Councilmember/Commissioner Butler asked whether it can be clarified during the licensing process to make it clear that it is their responsibility to keep their property well maintained. She stated the burden is on the business owners or their staff to check the area ever so often, noting the Target near the City Hall does an excellent job in maintaining their property. Councilmember/Commissioner Butler stated this is important as the City is rebranding itself to improve its image. She thanked Mr. Boganey for bringing forward this information. Mayor/President Willson noted residences do not have a licensing component so it would not be consistent if the City were to consider the issue of property maintenance when licensing a business. However, the City can consider resident complaints and the City needs to be consistent when enforcing its ordinances. Mayor/President Willson commented on the importance of documentation and education and encouraged staff to take photographs and video so a record is created that can be shown to the courts, if needed. Mr. Boganey stated the City does not license those businesses so it has no licensing authority with respect to these businesses. He noted ideally, the City would want to approach the management company, owners, and tenants of the shopping center to provide a 'carrot and a stick' approach. He raised the option of introducing a beautification campaign and providing a positive incentive for property owners that do the right thing, noting that would be a positive incentive. Mayor/President Willson agreed that a beautification campaign across the entire City would be a good idea, similar to Lady Bird Johnson's beautification program. He agreed that the more the City can work with residents and businesses with both the 'carrot and stick' approach, the better the results will be. Councilmember/Commissioner Ryan stated this is also a recurring issue with accumulated garbage along Brooklyn Boulevard every spring after snowmelt. He noted it is the County's responsibility to maintain the boulevard areas but it takes a long time. Mr. Boganey agreed that 07/24/17 -3- DRAFT has been an issue. Mayor/President Willson stated staff has done so well with the rebranding and logo rollout, this may be another campaign they can roll out throughout the City. Mr. Boganey noted that Code Enforcement is reactive so anything that can be done to prevent littering in the first place goes a long way. Mayor/President Willson agreed and stated it is more egregious littering than what has been seen in years past as it is a societal issue, which a campaign may help to address. Councilmember/Commissioner Lawrence-Anderson stated it is also an issue of common sense and if she sees trash when walking into a store, she picks it up and puts it in a trash receptacle. She stated people can complain but it only takes a few seconds to throw it away and resolve the issue. Councilmember/Commissioner Ryan stated perhaps staff can come up with a recommendation, as a natural outgrown of the branding campaign, and in keeping with improving the City's image to have a City-wide beautification campaign. He noted the Random Acts of Kindness process would lend itself to that effort. Mayor/President Willson agreed and mentioned several civic organizations that would probably be interested in lending a hand. Councilmember/Commissioner Graves stated littering is a concern for her and because she lives on Brooklyn Boulevard, constantly has trash blowing onto her property. She stated she finds that to be more objectionable than 8-inch high grass by how it looks and the damage to the environment. She supports the ideas of being tougher on businesses, making them more compliant with the ordinance requirements, bringing pride to the community, and being intentional about the environment that will uplift the wellbeing of its residents. ADJOURNMENT Councilmember/Comniissioner Graves moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 8:40 p.m. Motion passed unanimously. 07/24/17 -4- DRAFT Oty C©wdll Agda I[thm N©0 Q [EI1lJ[ii I U M N øIkYA uhYi:I k'A (1) t1AI )1Sh'kI DATE: July 27, 2017 TO: Curt Boganey, City Manag74 FROM: Rozlyn Tousignant, Deputy City Clerl SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on August 14, 2017. 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 Premier Amusements, Inc. GARBAGE HAULER Curbside Waste MECHANICAL Affordable Comfort Mech. Dba Apollo Countryside Ht & Cooling Deans Tank Inc Flare Heating and Air Cond Integrity Heating & Air Conditioning MNS All Seasons Comfort, LLC RENTAL See attached report. 6420 Camden Ave N 5232 Hanson Ct N, Crystal 6510 Hwy 36 Blvd, Oakdale 1960 County Rd 90 #200, Maple Plain P.O. Box 22515, Robbinsdale 9303 Plymouth Ave N, Suite #104, Golden Valley 2145 128th LN NE, Blame 7365 147th LN NW, Ramsey SIGN HANGER Albrecht Sign Company Inc 7775 Main Street NE, Fridley Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 0308-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.7 5 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 J .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 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 I but not more than 3 Category 3-4 units Greater than 0.25 but not more than I 5 or more units -Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Background: At its July 24, 2017, meeting, the City Council held a hearing relating to the rental license of Keia Isaacson!PBK Properties, LLC for property located at 4100 Lakebreeze Avenue North. The City Prosecutor provided a report regarding the alleged violations, specifically relating to delinquent property taxes in the amount of $3,384.54 plus accruing penalties and interest. On June 28, 2017, Hennepin County confirmed first half 2017 property taxes were paid in full including penalties and interest. The applicant did not appear for the hearing to provide testimony. Following the hearing, the City Council directed staff to prepare a resolution making findings of fact and order to suspend the rental dwelling license issued to Keia Isaacson!PBK Properties, LLC for 4100 Lakebreeze Ave N until all payments are current in accordance with City Code, Section 12-901, subd. 9. City Attorney Troy Gilchrist has prepared a resolution making findings of fact and order and it is offered for consideration. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Enhanced Community Image Mission: Ensuring an attractive, clean, safe coinmnnitp that enhances the quality of life and preserves the pa bile trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUSPENDING THE RENTAL LICENSE, FOR 4100 LAKEBREEZE AVENUE NORTH WHEREAS, the City of Brooklyn Center ("City") issued a rental dwelling license pursuant to Chapter 12 of the Brooklyn Center City Code ("Code") for an apartment complex (a single building containing four rental units) located at 4100 Lakebreeze Avenue North ("Property") and which is owned by PBK Properties, LLC ("Owner"); and WHEREAS, the Owner failed to remain current on the payment of property taxes for the Property; and WHEREAS, Section 12-901(9) of the Code requires rental licensees with three or more units to remain current on "the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times"; and WHEREAS, Section 12-910(3) sets out a list of grounds on which the Council "may revoke, suspend, or decline to renew" a rental license, including for failure to pay property taxes; and WHEREAS, due to the Owner's failure to remain current on the property taxes for the Property, the City provided notice to the Owner and conducted a public hearing on July 24, 2017 to hear from the Owner and to consider whether to take any action on the license; and WHEREAS, the Council hereby finds and determines as follows: a.The City issued a Type III rental dwelling license for the Property that is set to expire on May 31, 2018; b.On June 6, 2017, the City confirmed with Hennepin County Taxpayer Services that the Owner did not pay the first half of the 2017 property taxes for the Property; c.On June 6, 2017, the City Clerk sent a letter to the Owner regarding the unpaid taxes; d.On June 26, 2017, the City Prosecutor sent a letter to the Owner indicating that the property taxes still had not been paid and provided notice of a public hearing to be held by the Council regarding a proposed action on the rental license for failure to remain current on the property taxes; RESOLUTION NO. e.On June 28, 2017, the City confirmed with Hennepin County Taxpayer Services that the Owner paid the first half of the property taxes, including penalties and interest; f.The Owner did not appear at the July 24, 2017 public hearing and did not submit anything in writing to the City for the hearing; g.The Council determines it is in the public interest to proceed with the public hearing and consideration of a license action once the formal notice has been given, even if an owner corrects the grounds for the license action, in order to provide a record of the noncompliance in case further grounds for a license action arise in the future, and to underscore to licensees the importance of complying with the requirements of the Code; h.Taking action regarding the license is appropriate here as the Owner violated Section 12-910(3)(b) of the Code by failing to remain current on the property taxes due on the Property; i.When considering a license action, Section 12-910(5)(b) requires the Council to "give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply"; j.The Owner only recently acquired the Property, is new to rental licensing in the City, has no previous violations, and the violation does not create a health or safety risk for the public or the tenants; k. The Owner paid the real estate taxes before receiving the City Prosecutor's formal notice of a public hearing and action on the license; Under the circumstances, the Council determines it is appropriate to exercise its authority under Section 12-910 of the Code to suspend the rental license until the Owner brings the Property into compliance with the requirements for rental licensees under the Code, including becoming current on the payment of real estate taxes; and m. The Council recognizes that because the Owner is current on the payment of the real estate taxes, and the City is not aware of any other current violations on the Property, the condition of the license suspension is immediately satisfied and the license is immediately, upon the adoption of this resolution, reinstated. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The Type III rental dwelling license issued for the property located at 4100 Lakebreeze Avenue North is hereby suspended effective immediately. The suspension applies to all parts of 4100 Lakebreeze Avenue North. 2.The period of suspension shall terminate immediately upon the Owner bringing the Property into compliance with all applicable licensee requirements, including being current on the payment of property taxes on the Property. 3.:Because the Owner has paid the property taxes for the Property, and the City is not aware of any other violations, the Owner has satisfied the condition for reinstatement and the period of suspension is immediately terminated. 4.This suspension does not require the Owner to seek a new license or pay a reinstatement fee, but the Council will take this suspension into consideration if it needs to take action on the rental license issued for this Property in the future. August 14, 2017 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. Oty C©mm©il Agenda IItm N0 6d [Ei1BJ[iJ I I N ak'A L'A I thY4 (I) t1I I1UA 1 DATE: August 14, 2017 TO: Curt Boganey, City Manag7 FROM: Nathan Reinhardt, Finance Director ML SUBJECT: Resolution Appointing Financial Advisor Recommendation: It is recommended that the City Council consider adoption of a resolution appointing Springsted Incorporated and Ehlers Incorporated as the City's independent financial advisors. Background: The City Council Code of Policies requires that a Request for Proposals (RFP) be developed for financial advisor services every six years. The Council approved the RFP on April 10, 2017 and solicited proposals in May 2017 and a financial advisory RFP review committee was appointed by the City Council. Three firms responded to the RFP and all three were subsequently interviewed. The review committee included Mayor Willson, Council Member Butler, Financial Commission Chair Newman, Financial Commission Vice Chair Burke, City Manager Boganey, Business Development Director Eitel and Finance Director Reinhardt. Following the interviews the committee discussed the strengths of each of the firms. Two firms, Springsted and Ehlers were determined to both have comparable experience and capable of performing the duties outlined in the RFP. The committee acknowledged the previous experience and high quality of service provided by Springsted over the past several years in regards to debt issuances and other financial related services. Additionally, the committee viewed Elhers as very strong in the area of economic development planning. The committee directed staff to review the idea of utilizing the strengths of both firms and provide information at a subsequent meeting of the committee. On July 17th, 2017 the committee was provided information from the Cities of Eagan and Minnetonka that utilized the services of both firms in a similar manner and a recommendation of the business development and finance staff to utilize both firms. The committee was also updated that both firms had been contacted and were excited to be considered and did not express any concerns about their proposed dual roles with the City. The committee recommended that a resolution be prepared appointing Springsted and Ehlers as the City's independent financial advisors and be presented to the City Council for consideration. JI/Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [IIi1IJ[iJ fl I I ak'A LA I ak (I] tiI ILIA'A I Budget Issues: Relative costs for various consulting services and bond issues were compared and did not appear to be a significant cost advantage to any one firm. Fees will be charged by a per project basis and will be dependent upon the size and type of bond issue scope or the scope of the project. Strategic Priorities: Targeted Redevelopment 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 APPOINTING FINANCIAL ADVISOR WHEREAS, the City Council Code of Policies Section 2.80 requires that the City solicit proposals for Financial Advisory Services no less frequently than every six years; and WHEREAS, proposals were solicited in May 2017 through a Request for Proposal (RFP) for Financial Advisory Services approved by City Council on April 10, 2017; and WHEREAS, three firms responded to the RFP and were interviewed by a committee of City Council, Financial Commission and City staff members, as required by the City Council Code of Policies; and WHEREAS, the interview committee recommended Springsted, Inc. as the preferred financial advisor for services including, but not limited to, debt issue development and oversight, continuing disclosure/arbitrage rebate management, financial planning and debt management; and WHEREAS, the interview committee recommended Ehlers, Inc. as the preferred financial advisor for services including, but not limited to, economic development planning; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Springsted, Inc. of Saint Paul, Minnesota and Ehlers, Inc. of Roseville, Minnesota are appointed as the City of Brooklyn Center's independent financial advisors as of September 1, 2017. August _14,_2017 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. Springsted Incorporated 380 Jackson Street, Suite 300 Sp r n g ste ci Saint Paul, MN 55101-2887 Tel: 651.223.3000 Fax: 651.223.3002 www.springsted.com LETTER OF TRANSMITTAL May 31, 2017 Mr. Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430-2199 Re: Request for Proposal to Provide Financial Advisory Services Dear Mr. Reinhardt: Springsted Incorporated welcomes the opportunity to continue serving as financial advisor to Brooklyn Center. We are proud of our ongoing representation of the City and firmly believe that Springsted can continue to meet your needs. Springsted offers a wide range of advisory services that have focused and will continue to focus on all the needs of the City. Our strength in this region is unchallenged and, combined with the national perspective we bring, Springsted presents itself as a valuable partner for Brooklyn Center as you continue to address the challenges and opportunities presented. As you consider Springsted Incorporated as your financial advisor, we would ask that you focus on the following: Springsted offers continuity and an understanding of what drives Brooklyn Center. Our familiarity with the City and how it conducts business, complemented by the trust that we have worked hard to earn from your staff and City Council, places Springsted in a position to be a strong resource for you to rely on as the City continues to redevelop and change. Managed national growth continues to expand Springsted's variety of experience to provide you with the benefit of broad perspectives. Springsted is committed to being responsive and available to Brooklyn Center and all of our clients. Our goal of managed national growth has enabled us to broaden our market area without compromising the service level that we provide our existing clients. The benefit to you is a wider perspective coupled with the individualized service that you are accustomed to receiving. We develop our markets regionally, maintaining our focus on the Midwest, the mid-Atlantic and the Northwest. Whether it is Brooklyn Center, Minnesota, or cities in Virginia or Kansas, Springsted's diverse experience with major jurisdictions continues to increase our value to you as your advisor. A sample of these projects are provided in Appendix I. Public Sector Advisors Brooklyn Center, Minnesota May 31, 2017 Page 2 • The comprehensive approach Springsted takes to the bond issuance process provides you with ease of entry into the capital market and comfort in knowing your ongoing responsibilities are addressed. We have never been content with simply processing bond issues; instead, we also assist with all aspects of that process and your related needs as an issuer. Our involvement begins with the financial architecture that must precede a bond issuance and continues through closing, providing written recommendations, bond closing coordination, a functional bond record, investment services, rebate services and continuing disclosure services. These services assist the City in meeting its financial management responsibilities and also in responding to the requirements placed on it by the state and federal governments. Springsted has developed a record of innovation in responding to our clients' needs. The National Association of Counties, the National Government Finance Officers Association, the Kennedy School of Government, the U.S. Conference of Mayors and the Marriott Corporation, in conjunction with the American School Board Journal, have all recognized new approaches to public finance challenges by our clients, with singular national awards for debt and financial management. We take pride in serving as advisor on these projects and in the recognition received by our clients. o Springsted offers a wide range of services to match the variety of financial issues before the City. We have focused attention on being able to provide both general and specialty services to our clients. In addition to the bond related services, we have also been fortunate to provide the City with other financial and management services, including economic development, utility rate and pension related analyses, as well as executive recruitment services. Simply put, through the provision of these diverse services, we prefer to view ourselves of an extension of the City's talented staff. We have enjoyed our work with the City of Brooklyn Center and the ever increasing diversity of challenges that it faces and hope that we have earned your continued support as the City's financial advisor. Respectfully submitted, Doug Green, CIPMA Vice President / Client Representative smi S EHLERS LEADERS IN PUBLIC FINANCE Mr. Nathan Reinhardt, Finance Director May 31, 2017 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Proposal to Provide Financial Advisory Services to the City of Brooklyn Center On behalf of Ehlers, I am pleased to present this proposal to provide independent municipal (financial) advisory services to the City of Brooklyn Center. We hope this proposal demonstrates our team's collective qualifications to deliver the City's full scope of services - and to surpass your expectations. The following distinguishes Ehlers from our competitors: Expertise. Ehlers ranks first in Minnesota and second in the United States for the number of competitive bond sales advised. We also advise many issuers on negotiated offerings and private placements of various forms of obligations. Our expertise extends beyond debt-related matters to include long-range financial plans, utility rate studies, capital project planning, and economic development. For over 60 years, Ehlers has delivered creative and innovate financing solutions to cities and no other firm can match our knowledge of local government credit, financial planning, and economic development. Accessible Team Players. We pride ourselves on being responsive, meeting short deadlines and having more than one Municipal Advisor assigned to a client to assure we meet their needs. As an employee-owned firm, we are all personally motivated to provide the best possible service to you, our client, and to focus on your long-term success. Independent Financial Approach. We have long held to the duties of loyalty and care of an independent municipal advisor: we will put the interests of the City ahead of our own because it is at the core of our firm's culture and foundational principals. It is our goal to thoroughly explain all options and potential risks to you before any decisions are made. Our breadth of clients and depth of experience provides the City with the assurance that you are receiving the most qualified service possible. We also offer expert investment advisory services through Ehlers Investment Partners; and paying agent services through our wholly-owned subsidiary, Bond Trust Services Corporation. At its core, this is what we propose to provide to the City: ongoing dialogue and idea-sharing, independent analysis, presentation of customized options, and a competitive, value-oriented fee structure. We appreciate your consideration and look forward to discussing how Ehlers can best serve the City. Respectfully submitted, Stacie Kvilvang Jason Aarsvold James Lehnhoff Senior Municipal Advisor/Director Municipal Advisor Municipal Advisor Cfity C©miiiil Anda Ttem N©0 6 S[I1IJ[iJ I U V VYA U'A I 31k'A (I) t1I OJJ I DATE: August 14, 2017 TO: Curt Boganey, City Manag47 FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts Recommendation: It is recommended that the City Council consider adoption of a resolution calling a public hearing for Monday, September 11, 2017 on the matter of unpaid public utility service accounts. Background: One of the City's methods for collecting unpaid utilities is to assess them to the property served by the utility. Under Minnesota Statutes (M.S. 444.075, Subd. 3f) municipalities are allowed to certify unpaid utilities to the property taxes for the parcel served by the utility. City Code Section 4-105 confirms the City's expectation that this method of collection will be used for delinquent, unpaid utility charges. For the Fall Assessment of 2017, accounts included in the preliminary assessment roll attached to this memorandum include those delinquent and unpaid as of June 30, 2017. This list is sorted and presented by the address number of the customer. This year there are 797 accounts totaling $540,749 in unpaid utility charges and penalties. This compares with 806 accounts totaling $490,754, at this point of the year, in 2016. With the adoption of this resolution, a letter will be sent to each of these accounts informing them of the amount due on their account, the potential assessment of the amount to their property taxes, and informing them of the Public Hearing location, date and time. Following the Public Hearing on September 11, 2017 the Council will be asked to consider a resolution certifying overdue, unpaid accounts for assessment against 2018 property taxes. Budget Issues: There are no exceptional budget issues. These amounts were previously owed. Strategic Priorities: ° Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe coJn;nunhty (11(1! enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.A hearing shall be held on the 11th day of September 2017, in City Hall at 7:00 PM or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for Delinquent Public Utility Service Accounts. 2.The City Clerk, with the assistance of the Finance Director, shall forthwith prepare assessment rolls for the above charges and shall keep them on file and open to inspection by any interested persons. 3.The City Clerk is directed to cause a notice of the Public Hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor. 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Background: The attached resolution calls for a Public Hearing to receive public testimony and comments regarding the proposed special assessments for delinquent nuisance abatement accounts, delinquent administrative fines/citations, and delinquent administrative vacant building registrations. The special assessment amounts are specified in the attached preliminary assessment rolls and are summarized as follows; Delinquent nuisance abatement account property owners have received notice of delinquent accounts in accordance with the established collection policy and have not made payments. o Delinquent administrative fines/citations have been issued to property owners in accordance to established policy and have not been paid. At the scheduled Public Hearing, the City Council would consider adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The 2017 interest rate for special assessments is 3.5 percent, as previously established by the Council. A copy of the special assessment pending levy roll is attached. Budget Issues: Theproposed levy roll for delinquent nuisance abatement costs totals $14,360. The proposed levy roll for delinquent administrative fines/citations costs totals $34,000. New proposed level rolls will be provided at the Public Hearing to reflect any payments made. i'Iission: Ensuring an attractive, clean, sft', inclusive Comawnity, that eJthWZCCS the quality of lifefor cull people and preserves the public trust [iII1,J[iJ I U V Mh'A U!A I DL"4 0) UI 1BJi Strategic Priorities: Safe, Secure, Stable Community Attachments: Resolution Notice of Public Hearing Special Assessment Certified Role Mission: Ensuring an attractive, dean, soft, inclusive community that enhances the quality of life for all people urn/preserves 1/ic public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO.__________ RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, AND DELINQUENT ADMINISTRATIVE FINES/CITATIONS WHEREAS, the City performs and incurs costs for certain neighborhood maintenance services to protect public health, safety and welfare; and WHEREAS, Minnesota Statutes Chapter 429, provides for a public hearing process to recover the costs through special assessments; and WHEREAS, the City has performed neighborhood maintenance services, billed the property owners, and has not been reimbursed by certain property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.A hearing shall be held on the 11th day of September, 2017, in City Hall at 7p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: • Delinquent Nuisance Abatement Costs • Delinquent Administrative Fines/Citations 2.The City Clerk with the assistance of the Deputy Director of Building and Community Standards shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3.The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective immediately. August 14, 2017 Date Mayor RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, September 12, 2016 at 7p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed assessments for the following: DELINQUENT PUBLIC UTILITY ACCOUNTS Special Assessments are proposed for public utility charges to those tracts or parcels where such charges were delinquent as of June 30, 2017, and, after due notice to the property owner, remain unpaid, pursuant to City Ordinances, Section 4-105 and Section 4-201. DELINQUENT NUISANCE ABATEMENT ACCOUNTS It is proposed to assess the costs of delinquent abatement costs to those tracts or parcels where, pursuant to City Ordinance Section 12-1101, 12-1206, 12-1504 and in accordance with MS 429 and 463.251, abatement procedures were performed by order of City Inspectors and the cost for such abatement remains unpaid. DELINQUENT ADMINISTRATIVE FINES/CITATIONS It is proposed to assess the costs of delinquent administrative fines/citations to those tracts or parcels where, pursuant to City -Ordinance Section 18-204, 18-210 and in accordance with MS 429, delinquent administrative fines/citations were issued and the cost for such fines remains unpaid. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment for a specific parcel of land may be made unless the owner has filed a written objection to that objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569-3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council Published in the Brooklyn Center Post on August 23, 2017. Special Assessment Pending Levy Roll (Abatement) July 1, 2016 to June 30, 2017 Abatement Printed August 07, 2017 Municipal Code No. 22 Levy No.Property Address 19599 5415 Dupont AveN 19599 3613 54th Ave N 19599 5127 Twin Lake Blvd 19599 7241 Fremont Ave N 19599 7000 Oliver AveN 19599 7236 Noble Ave N 19599 6842 Regent Ave N 19599 4007 Janet La 19599 3206 Mumford Rd Levy Runs One Year Property ID Amount 01-118-21-33-0080 325.00 03-118-21-43-0029 375.00 10-118-21-21-0004 550.00 25-119-21-32-0011 8,295.00 26-119-21-43-0087 3,165.00 27-119-21-32-0052 425.00 33-119-21-11-0088 650.00 34-119-21-34-0027 275.00 34-119-21-44-0025 300.00 Total: 14,360.00 City of Brooklyn Center - 6301 shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1, 2016 to June 30, 2017 Administrative Penalty/Citation Printed August 07, 2017 Municipal Code No. 22 Levy Runs One Year Levy No.Property Address Property ID Amount 19601 6007 Lyndale Ave N 01-118-21-12-0033 250.00 19601 6015 Aldrich Ave N 01-118-21-21-0082 300.00 19601 6029 Bryant Ave N 01-118-21-21-0094 125.00 19601 6021 Bryant Ave N 01-118-21-21-0097 250.00 19601 6035 Dupont AveN 01-118-21-22-0032 125.00 19601 6020 Emerson AveN 01-118-21-22-0041 125.00 19601 6001 Emerson Ave N 01-118-21-22-0053 375.00 19601 6014 Girard Ave N 01-118-21-22-0071 300.00 19601 5817 Colfax Ave N 01-118-21-24-0022 125.00 19601 5848 Aldrich Ave N 01-118-21-24-0072 125.00 19601 SSOO Bryant Ave N 01-118-21-31-0061 300.00 19601 S556 Emerson Ave N 01-118-21-32-0010 125.00 19601 5625 Fremont Ave N 01-118-21-32-0022 375.00 19601 1424 5 5th Ave N 01-118-21-32-0059 125.00 19601 5636 Humboldt AveN 01-118-21-32-0077 725.00 19601 5637 Girard Ave N 01-118-21-32-0078 125.00 19601 5333 Girard Ave N 01-118-21-33-0022 125.00 19601 5337 Girard Ave N 01-118-21-33-0023 900.00 19601 5455 Fremont Ave N 01-118-21-33-0033 125.00 19601 1425 55th Ave N 01-118-21-33-0072 425.00 19601 5415 Dupont Ave N 01-118-21-33-0080 1,250.00 19601 5309 Emerson Ave N 01-118-21-33-0120 875,00 19601 S302 Fremont Ave N 01-118-21-33-0125 125.00 19601 5320 Colfax Ave N 01-118-21-34-0076 875.00 19601 904 53rd Ave N 01-118-21-34-0082 300.00 19601 5444 Dupont Ave N 01-118-21-34-0115 425.00 19601 5614 Camden Ave N 01-118-21-42-0032 125.00 19601 5445 Lyndale Ave N 01-118-21-43-0093 125.00 19601 5912 Xerxes Ave N 02-118-21-22-0028 2,750.00 19601 5631 Hillsvjew Rd 02-118-21-31-0002 125.00 19601 5301 Russell Ave N 02-118-21-34-0002 1;200.00 19601 5402 Russell Ave N 02-118-21-34-0053 300.00 19601 5524 Knox Ave N 02-118-21-41-0111 125,00 19601.552O James Ave N 02-118-21-41-0119 375.00 19601 2006 Brookview Dr 02-118-21-42-0106 2,100.00 19601 5601 Logan Ave N 02-118-21-42-0120 125.00 19601 2113 55th Ave N 02-118-21-43-0117 125.00 19601 6Ol9 Brooklyn Blvd 03-118-21-12-0017 125.00 9601 5806 Drew Ave N 03-118-21-13-0020 250.00 19601 5801 Halifax Ave N 03-118-21-24-0104 125.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 3 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1, 2016 to June 30, 2017 Administrative Penalty/Citation Printed August 07, 2017 Municipal Code No. 22 Levy Runs One Year Levy No.Property Address Property ID Amount196014Ol258th Ave N 03-118-21-24-0106 250.00 19601 3819BurquestLa 03-118-21-31-0039 125.00 19601 S101 Xerxes Ave N 10-118-21-11-0021 900.00 19601 3321 SOth Ave N 10-118-21-13-0013 250.00 19601 4819 Lakeview Ave 10-118-21-32-0056 125.00 19601 4207 Lakeside Ave 00221 10-118-21-32-0133 750.00 19601 7241 Fremont Ave N 25-119-21-32-0011 125.00 19601 l30072nd Ave N 25-119-21-32-0021 300.00 19601 7049 Emerson Ave N 25-119-21-32-0088 250.00 19601 7243 Morgan Ave N 26-119-21-42-0053 375.00 19601 7018 Irving Ave N 26-119-21-44-0056 2,000.00 19601 7ll8 Major Ave N 27-119-21-32-0035 125.00 19601 7207 Kyle Ave N 27-119-21-32-0081 125.00 19601 4401 71stAveN 27-119-21-32-0123 250.00 19601 7048 France Ave N 27-119-21-42-0021 300.00 19601 7018 France AveN 27-119-21-43-0057 600.00 19601 3606 Urban Ave 27-119-21-43-0096 375.00 19601 5200 70th Ave N 28-119-21-43-0035 600.00 19601 7033 Unity Ave N 28-119-21-43-0118 1,800.00 19601 7024 Regent Ave N 28-119-21-44-0058 500.00 19601 6812 Scoff Ave N 33-119-21-12-0062 300.00 19601 6843 Regent Ave N 33-119-21-12-0089 125.00 19601 6601 Unity AveN 33-119-21-13-0077 300.00 19601 6324 Scott Ave N 33-119-21-42-0024 125.00 19601 3300 67th Ave N 34-119-21-11-0113 125.00 19601 6830 Ewing Ave N 34-119-21-12-0053 375.00 19601 66l2 Ewing Ave N 34-119-21-13-0085 1,000.00 19601 3025 Quarles Rd 34-119-21-14-0084 125.00 19601 4501 Winchester La 34-119-21-23-0067 900.00 19601 4207 Winchester La 34-119-21-24-0043 0.00 19601 64O7 Marlin Dr 34-119-21-31-0072 125.00 19601 4013 65th Ave N 34-119-21-31-0085 125.00 19601 4530 Kathrene Dr 34-119-21-32-0044 125.00 19601 6753 Humboldt Ave N 35-119-21-11-0017 125.00 19601 6765 Humboldt Ave N 35-119-21-11-0022 300.00 19601 6501 Brooklyn Dr 35-119-21-31-0009 300.00 19601 6648 West River Rd 36-119-21-13-0002 375.00 19601 6628 Camden Dr 36-119-21-13-0093 125.00 19601 6817 Bryant Ave N 36-119-21-21-0031 125.00 19601 6725 Aldrich Ave N 36-119-21-21-0087 125.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 3 Special Assessment Pending Levy Roll (Admin Fines/Citations) July 1, 2016 to June 30, 2017 Administrative Penalty/Citation Printed August 07, 2017 Municipal Code No. 22 Levy N o.Pr o perty Address 19601 6642 Dupont Ave N 19601 6400 Fremont AveN 19601 6120 Lilac Dr 19601 6115 Aldrich Ave N Property ID 36-119-21-24-0045 36-119-21-32-0028 36-119-21-33-0014 36-119-21-34-0008 Levy Runs One Year Amount 750.00 375,00 125.00 125.00 Total: 34,000.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page of 3 City C©ui©il Agenda- ]Itrn N0 6Thi IEi1I100I U U V MkA I'A I DIA (I] t1I I1IJ'A I DATE: August 14, 2017 TO: Curt Boganey, City Manage FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of dead trees that were recently marked by the city tree inspector and have become a public safety issue due to being a hazard. The removal of dead trees is defined in City Ordinance Chapter 20- 202 and 19-101 thru 19-105. Property owners are given the opportunity to remove the dead tree on their own or enter an agreement to allow the city to remove the dead tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. If the owner does not respond within ten days, they are provided with a second notice notifying them of the City Council meeting where the dead tree is declared a public nuisance. If the property owner does not correct the violation or enter into an agreement, the City will remove the dead tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The cost of removal of dead trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people ton! preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.________ RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The dead tree at the following address is hereby declared to be a public nuisance. Pronertv Address Tree Type Tree Number 4018 58th Ave N Pine 69 6234 Lilac Dr N 166 2.After ten (10) days from the date of the initial notice, the property owner(s) was notified of the 'council action regarding the determination by the City Council declaring the dead tree a public nuisance. The property owner(s) will receive a final written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. August 14, 2017 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. Oty Crdli Agendoi llrn N0 I1lI[.J IU I I DIk"A UI'A S MA [I]t1IWJI1 DATE: August 14, 2017 TO: Curt Boganey, City Mana$3 FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2017 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an aliruethe, clean, safe, inclusive conznznnhlj' that enhances the quality of life fir all people and preserves the public trust i1lJ[i1 I I I M4 L' I k'A (U 1WI I1lI'A I respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Safe, Secure, Stable Community Mission: Ensuring an atiruclive, clean, raft', 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 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Pronertv Address Tree Type Tree Number 5901 Vincent Ave N Birch 67 6336 Lee AveN Elm 77 RESOLUTION NO. 2.After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk, 3.After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. August 14, 2017 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 C©m©ll Agenda IIt©rn N©0 6 EI1U[iJ I I I k'4 L'A I ak'A (I) 1WI I1PJhYA I DATE: August 8, 2017 TO: Curt Boganey, City Mana FROM: Mike Albers, Acting City Engineer t'M SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-05,57 th Avenue Street Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to C.S. McCrossan Construction, Inc., for Improvement Project No. 2016-05, 57th Avenue Street Improvements. Background: Bids for the 57th Avenue Street Improvements, Project No. 2016-05, were received and opened on August 1, 2017. The bidding results are tabulated below: BIDDER TOTAL BASE BID C.S. McCrossan Construction, Inc. $ 258,674.25 Hardrives, Inc. $ 282,450.87 Valley Paving, Inc. $ 294,675.05 Bituminous Roadways, Inc. $ 296,552.25 Of the four (4) bids received, the lowest bid of $258,674.25 was submitted by C.S. McCrossan Construction, Inc. of Maple Grove, Minnesota. C.S. McCrossan Construction, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $258,674.25 is within the 2017 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $460,000 and is amended to $392,491.25, an approximate 14.7 percent decrease (see attached Resolution - Costs and Revenues tables). Strategic Priorities: Key Infrastructure Investments )'Iission: Ensuring on attractive, clean, safe, inclusive coininunitj' that enhances the qualiti' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-05, 57 TH AVENUE STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016-05, bids were received, opened and tabulated by the City Clerk and Acting City Engineer on the 1st day of August, 2017. Said bids were as follows: Bidder Total Base Bid C.S. McCrossan Construction, Inc. $ 258,674.25 Hardrives, Inc. $ 282,450.87 Valley Paving, Inc. $ 294,675.05 Bituminous Roadways, Inc. $ 296,552.25 WHEREAS, it appears that C.S. McCrossan Construction, Inc., of Maple Grove, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with C.S. McCrossan Construction, Inc., of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2016-05, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues arc as follows: Amended COSTS Estimated per Low Bid Contract $ 333,900.00 $ 258,674.25 Lighting $ 15,000.00 $ 8,017.00 Contingency $ 51,700.00 $ 51,400.00 Subtotal Construction Cost $ 400,600.00 $318,091.25 Admin/Legal/Engr. $ 59,400.00 $ 74,400.00 Total Estimated Project Cost $460,000.00 $392,491.25 RESOLUTION NO. REVENUES Street Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Municipal State Aid (MSA) Fund Miscellaneous Total Estimated Revenue Estimated $ 32,987.33 $ 10,000.00 $ 10,000.00 $ 50,000.00 $ 20,000.00 $ 337,012.67 $ -0- $ 460,000.00 Amended per Low Bid $ 32,987.33 $ 2,000.00 $ 2,000.00 $ 29,000.00 $ 8,017.00 $318,316.92 $ 170.00 $ 392,491.25 August 14, 2017 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. Oty C©will Ag©d llrn N©0 6k [i[I1IJ[i1 I I I k'A I'A I Dk'A (0] 1IfliJ'A I DATE: August 8, 2017 TO: Curt Boganey, City Managj FROM: Mike Albers, Acting City Engineer A1'- SUBJECT: Resolution Authorizing Application for 2017 Minnesota Highway Freight Program Grant for the Interchange Project at Trunk Highway 252 and 66th Avenue Recommendation: It is recommended that the City Council consider approval of the resolution authorizing application for 2017 Minnesota Highway Freight Program Grant for the Interchange Project at Trunk Highway (TH) 252 and 66th Avenue. Background: At the February 28, 2011, City Council Work Session, the City Council was provided with information and a possible strategy that could be used to identify and address the longstanding, multiple transportation issues associated with the TH 252 Corridor. In April 2012, the City Council directed staff to proceed with a transportation planning study initiative for the corridor, and WSB & Associates was subsequently hired to perform the study. In March 2016, the City Council adopted the TH 252 Corridor Study Plan as a planning and development guide for TH 252 from 1-94/694 to TH 610 with recommended interchange access configuration in Brooklyn Center to include: a full access interchange at 66th Avenue; 70th Avenue closed with pedestrian bridge; and a full access combination with Brookdale Drive at 73rd Avenue as described and deicted in the Corridor Study. It should be noted that the recommended improvements at 73'Avenue are pending further evaluation and consideration by the City of Brooklyn Park as part of the ongoing Hennepin County TH 252 Freeway Conversion Study. Following the completion of the 2016 study, the City submitted a successful regional solicitation funding application for converting a portion of TH 252 from 1-694 to 70th Avenue into a limited access freeway by converting an at-grade signalized intersection to an interchange at 66th Avenue and closing an existing T-intersection at 70th Avenue. This application was the top ranked highway project and was awarded $7 million in federal fiscal year (FY) 2021 funding. To continue pursuing additional funding sources and advancing the proposed interchange project at 66th Avenue, City staff recommends submitting the project for a Minnesota Highway Freight Program (MHFP) grant application. The MHFP is a new program developed through the Federal FAST Act intended to benefit the movement of freight on the State's highway system. There is around $90 million total available for projects in State fiscal years 2019, 2020, 2021 and 2022. Funding is estimated at approximately $24 million for FY 2021. For new construction projects, the minimum award provided to any one project in this solicitation will be $500,000 and the maximum award provided to any one project in this solicitation will be $20 million. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I]JJ[ I fl V k'A L'A I k'A (I) WI UPJYA I The 66 th Avenue interchange project is expected to benefit freight traffic due to the importance of TH 252 to the region's highway system as a key connection between 1-694/94 and TH 610. With the connection of TH 610 to 1-94 now complete, together the TH 252 and TH 610 corridors provide a key alternative to the often congested 1-694/94 corridor. In addition, the project is expected to greatly reduce congestion and delay along TH 252, improve safety at one of the highest ranked crash at-grade intersections in the metropolitan area and support efforts to convert TH 252 to a freeway. Budget Issues: The total estimated project cost for the interchange at 66th Avenue, closing 70th Avenue and a pedestrian bridge at 7O' Avenue is $35 million which includes construction costs, easements, engineering, administration and contingencies. Of the $35 million total project cost, approximately $20 million would be eligible for MHFP grant and federal funding can be used to cover up to 80 percent of this cost for the project. The City of Brooklyn Center was successful in receiving a federal grant in the amount of $7 million from the Metropolitan Council's 2016 regional solicitation and this MHFP grant application would be for approximately $8-9 million. This application is expected to help cover a significant portion of the funding gap that exists for this project. To date, Minnesota Department of Transportation (Mn/DOT) has not committed any funds for this project. However, should this additional funding be provided, it is expected to allow the City to discuss cost participation with Mn/DOT for the required local match. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coininunit v that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR THE 2017 MINNESOTA HIGHWAY FREIGHT PROGRAM GRANT FOR THE INTERCHANGE PROJECT AT TRUNK HIGHWAY 252 AND 66TH AVENUE WHEREAS, the Minnesota Department of Transportation (Mn/DOT) is soliciting transportation projects through the Minnesota Highway Freight Program (MHFP) focused on providing measurable freight transportation benefits to the State highway system; and WHEREAS, Trunk Highway (TH) 252 is a north-south principal arterial State highway that connects Interstate (I) 694/94 at its southern terminus to TH Highway 610; and WHEREAS, the TH 252 corridor provides an important freight route and key alternative to the 1-694/94 corridor for the region; and WHEREAS, the TH 252 and 661h Avenue intersection is one of the highest crash at-grade intersections in the Twin Cities Metropolitan Area; and WHEREAS, the City of Brooklyn Center, in collaboration with Mn/DOT and other local partners has been working to improve the safety and mobility of the TH 252 corridor; and WHEREAS, the proposed interchange project is needed to improve safety and operations on this importantregional corridor; and WHEREAS, in 2016 the City was awarded $7,000,000 of 2021 regional solicitation funding to convert the at-grade intersection at TH 252 and 66th Avenue into a full access interchange and closing an existing T-intersection at 70th Avenue; and WHEREAS, the MHFP funding would complement the federal grant funds awarded to the City in 2016, as well as other local funding to allow for the completion of the interchange project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Council hereby authorizes application for 2017 MHFP Grant for the Interchange Project at TH 252 and 66th Avenue. BE IT FURTHER RESOLVED, that if awarded funding from the MHFP, the City Council commits to providing the local funding match for the proposed interchange project. RESOLUTION NO. August 14, 2017 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 reo1ution was declared duly passed and adopted. City CouncH Agenda ]Ithrn N©0 COUNCIL ITEM MEMORANDUM DATE: August 8, 2017 TO: Curt Boganey, City Manaj FROM: Mike Albers, Acting City Engineer t'iA- SUBJECT: Resolution Authorizing Execution of an Amendment to August 27, 2009 Trailway Cooperative Agreement Between Three Rivers Park District and the City of Brooklyn Center Recommendation: It is recommended that the City Council approve the resolution authorizing the execution of an amendment to the August 27, 2009, Trailway Cooperative Agreement between Three Rivers Park District and the City of Brooklyn Center. The amendment terms are consistent with the original terms of the agreement. Background: On August 27, 2009, the City of Brooklyn Center and the Three Rivers Parks District entered into agreement to convert a portion of the City's community trail system to the Park District's regional trail system. Under the original terms of the agreement, Three Rivers Park District assumed the responsibility for the operation and maintenance of 5.4 miles for two of Brooklyn Center's existing pedestrian and bike trails - the existing Shingle Creek trail (3.5 miles) located along Shingle Creek from the northern to the southern City limits and the existing Twin Lake trail (1.9 miles) located from Twin Lake Park to Xerxes Avenue. Also under the original agreement, the City and the Park District would jointly pursue the planning for the extension of approximately 1.7 miles of regional trail east from the Brookdale mall area (Shingle Creek Crossing) to connect to the Mississippi River Regional Trail, Since the execution of the original agreement, the Park District has implemented and performed the following: o Extension of the Twin Lakes Regional Trail - In 2009-2010, the Park District partnered with the City to extend the trail along Bass Lake Road from Xerxes Avenue to Highway 100. The Park District funded the trail portion of the project including the pedestrian bridge over Shingle Creek. Also in 2010, the Park District funded the extension of the trail further east along 57th Avenue from Highway 100 to Logan Avenue. Then in 2013, the Park District funded a portion of the Bass Lake Road/Highway 100 bridge project to help reconfigure the bridge to accommodate a trail on the south side of the bridge. o Shingle Creek Regional Trail - In 2012, the Park District partnered with the City to reconstruct a segment of trail from Bass Lake Road to 1-694/1-94. An extensive portion of the trail located along the creek frequently flooded and was realigned to a location outside of the floodplain. t31issioii: Ensurh ^q an adjadilve, clean, saJ, inclusive coinnuin i/p that enhances the qua/i/v of li/c' fn all people anilpiesenes f/ic public trust [III1IhIESI I fl U I IkA L'A I Dk'A [I) IlUh'A I o Twin Lake Regional Trail Extension - In 2016-2017, the Park District partnered with the City to extend the trail along 57th Avenue from Logan Avenue to the Mississippi Regional Trail. The Park District funded the trail portion of the project. Concurrently with this project, the City has programmed a mill and overlay for 57th Avenue from Humboldt Avenue (County Road 57) to Lyndale Avenue. The agreement will realign a segment of regional trail along Lakebreeze Avenue to a more desirable location located at Lakeside Avenue (see attached map). A new trail in this location will be designed to meet current trail standards and will avoid the many driveways and roadway crossings that are less than ideal for a regional trail environment. The initiative in seeking more desirable trail locations supports the efforts of constructing a new trail along Azelia Avenue between Lakeside and Lakebreeze Avenues as part of the France Avenue Business Center development. The following provides a general overview of other elements contained in the agreement and amendment (see attached): Property Rights Easements and permits for trail purposes will be provided to the Park District by the City. The easements and permits must provide a continuous and contiguous corridor for the regional trail. Maintenance of Trails - The Park District will continue to be responsible for the maintenance and upkeep of the designated regional trails. The City will be responsible for operations, maintenance and liability of on-street trail segments for its use as regional trail Duration of Agreement and Amendment - The amendment and agreement are permanent. However, the agreement shall be terminable by either party upon material breach by the other party, or may be terminable by the Park District or City by mutual agreement. Budget Issues: Trail Realignment There are no budget issue to consider. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive cOmifliwitj' that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AUGUST 27, 2009, TRAILWAY COOPERATIVE AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and Three Rivers Park District ("Park District") entered into a Trailway Cooperative Agreement ("Agreement") for the Twin Lake Regional Trail ("Trail") establishing the planning design, construction, operation, maintenance and funding responsibilities of the Trail on August 27, 2009; and WHEREAS, an immediate opportunity exists to realign a portion of the Trail on Lake Breeze Avenue N and Twin Lake Avenue to Azelia Avenue N and Lakeside Avenue N; and WHEREAS, the trail realignment and trail extension require an amendment to the Agreement; and WHEREAS, the Park District and City desire to cooperate to obtain property rights, design, construct, operate and maintain a continuous and contiguous Trail corridor located in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the attached Amendment to the August 27, 2009, Trailway Cooperative Agreement in the name of the City of Brooklyn Center. August 14, 2017 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. THREE RIVERS PARK DISTRICT AND CITY OF BROOKLYN CENTER SECOND AMENDMENT TO AUGUST 27, 2009 TRAILWAY COOPERATIVE AGREEMENT This Second Amendment to the Trailway Cooperative Agreement (the "Agreement") made and entered into on August 27, 2009, by and between Three Rivers Park District, a public corporation and a political subdivision of the State of Minnesota ('Park District'), and the City of Brooklyn Center, a Minnesota municipal corporation ('City'), is hereby made and entered into this day of 2017, by and between the Park District and City. WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain park and trail systems; and WHEREAS, Park District promulgates master plans for the development of park facilities and regional trail systems and submits master plans to the host community(ies) and Metropolitan Council for approval; and WHEREAS, Park District prepared a specific master plan for the Twin Lakes Regional Trail ("Trail") in cooperation with the City which was subsequently supported by the City with a resolution of support on January 10, 2011, and adopted by the Park District Board of Commissioners on July 21, 2011; and WHEREAS, City and Park District entered into the Agreement for the Trail establishing the planning, design, construction, operation, maintenance, and funding responsibilities of the Trail on August 27, 2009; and WHEREAS, the City and Park District entered into an Amendment to the Agreement ("First Amendment") on May 21, 2015 to realign a portion of the Twin Lakes Regional Trail; and WHEREAS, an immediate opportunity to realign a portion of the Twin Lakes Regional Trail ("Trail Realignment") has presented itself along Lakeside Avenue North and Azelia Avenue North, as depicted on Exhibit A, attached hereto, resulting in an opportunity to improve trail safety by reducing driveway and road crossings; and WHEREAS, the Trail Realignment (Exhibit A) along Lakeside Avenue North and Azelia Avenue North requires an additional amendment to the Agreement; and WHEREAS, Park District and the City desire to further cooperate to develop the Trail Realignment with the Park District assuming primary responsibility for the design, construction, and construction administration for this trail segment; and WHEREAS, Park District and City desire to cooperate to obtain and/or transfer property rights, design, construct, operate, and maintain a continuous and contiguous Trail corridor located in the City employing their own powers; and SecondAmendment to August 27, 2009 Trailway Cooperative Agreement 1 NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Park District and City agree as follows: Except as herein provided, the terms, conditions, and provisions of the Agreement shall apply to and govern the provisions of this Second Amendment. 1.Property Rights. Upon satisfactory completion of the Trail Realignment, City shall furnish to Park District a Public Trailway Easement or a Permanent Irrevocable Limited Use Permit in accordance with Paragraph 1.B of the Agreement. At which time the easement or limited use permit is satisfactorily provided to Park District and Trail Realignment is substantially complete, the Park District shall take appropriate measures to vacate existing Limited Use Permits TL-2 and TL-3 for the trail segments located along Twin Lakes Avenue North to Lake Breeze Avenue North and from Lake Breeze Avenue North to Azelia Avenue North. Upon vacation of said limited use permits, City shall assume all ownership, operation, and maintenance responsibilities for said trail segments. 2.Financing. The Park District shall be responsible for all costs associated with design, engineering, and construction of the Trail Realignment, as shown on Exhibit A. 3.Design and Construction. The Park District will design and construct the Trail Realignment segment as depicted on Exhibit A in accordance with regional trail standards depicted on Exhibit B. 4.Segments Where Typical Trail Section Cannot Be Achieved. Portions of the Twin Lakes Regional Trail may be located on-street as a local bike route, until such time the trail can be relocated off-street. The City accepts all operations, maintenance, and liability of on-street trail segments for its use as regional trails. The City shall consult with the Park District regarding any changes to the design, operation or maintenance of this portion of the Twin Lakes Regional Trail which may affect regional trail user safety. Second Amendment to August 27, 2009 Traiiway Cooperative Agreement 2 IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. City of Brooklyn Center, a Minnesota municipal corporation Date Its Mayor Date Its City Manager THREE RIVERS PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota Date John Gunyou, Board Chair Date Boe R. Carlson, Superintendent and Secretary to the Board ]:\PROJEcTS\Regional Trails\TTL 1401 Regional Trail Ease Segment Brooklyn Center\J Permanent Records\l Agency Agreements\20150205_AmendmenLBrooklyn CenterjrailRealignment_EastSegment_Final.docx Second Amendment to August 27, 2009 Trailway Cooperative Agreement 3 CC (I) 9E (0 C 0 C , )4> pJjuc6J - S)1I U\j E XHIBIT A: Trail Realignment Project Map CL cr r 11 q I1tUC!6J Ho) c . .2 ci . ci (.1)D 0- R i 0 H SecondAmendment to August 27, 2009 Trailway Cooperative Agreement 4 Exhibit B: Typical Trail Section é-' u-' J/--\J Cl WILiH-LAI VA 2!LC-EON!HO'LLY. si or - jwvl o .ii ^jrjrcr r c - --! OJL)EP -/-f ocr ci 3 mr C "N'-'1 -. . - -- 0 IR±! O O]HR w!IRJrIION. LA CHL . 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RTSI TYPICAL TRAILS LCTI-ON I D JUAN NIT SecondAmendment to August 27, 2009 Trailway Cooperative Agreement 5 Cilty C©iimr©ll Agenda I[thm N©0 6m [S[I1O(i1i II 3'IYA 1th74II)UM11,71 DATE: August 8, 2017 TO: Curt Boganey, City Manage FROM: Sharon Knutson, City Clerk ^^4W667^ SUBJECT: Resolution Adopting a Vision Statement and Reaffirming the Mission Statement Recommendation: It is recommended that the City Council consider approval of a Resolution Adopting a Vision Statement and Reaffirming the Mission Statement. Background: The City Council met in Work Session on June 12, 2017, to finalize the 2018-2020 Brooklyn Center Strategic Plan. On July 24, 2017, the City Council adopted the 2018-2020 Brooklyn Center Strategic Plan by Resolution. The Resolution included the six strategic priorities; however, the vision and mission statements were not included. Attached is a resolution that officially adopts the vision statement and reaffirms the mission statement. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Foundational to all strategic priorities Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A VISION STATEMENT AND REAFFIRMING THE MISSION STATEMENT WHEREAS, the City Council adopted a mission statement on March 26, 2012, and reaffirmed it on April 27, 2015; and WHEREAS, in February of 2017 the City Council developed the 2018-2020 Brooklyn Center Strategic Plan which included the elements of vision and mission statements; and WHEREAS, the City Council met in Work Session on June 12, 2017, and finalized the vision and the mission statements; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following mission statement is hereby reaffirmed and the vision statement is hereby adopted. MISSION STATEMENT The mission of the City of Brooklyn Center is to ensure an attractive, clean, safe, and inclusive community that enhances the quality of life for all people and preserves the public trust. VISION STATEMENT We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment. August 14, 2017 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 Ciill AIrllda I[tm N©0 7 EI1UhXIJ Ifl Ii *'A LU flk 0) 1iii UIJLII DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson SUBJECT: Proclamation Declaring the Week of September 25, 2017, through October 1, 2017, as Diaper Need Awareness Week Recommendation: It is recommended that the City Council consider adoption of a Proclamation Declaring the Week of September 25, 2017, through October 1 2017, as Diaper Need Awareness Week. Background: Mayor Willson received a request to proclaim Diaper Need Awareness Week. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement IIiissiou: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tn:st DECLARING SEPTEMBER 25 THROUGH OCTOBER], 2017, AS DIAPER NEED A RARENESS WEEK WHEREAS, Diaper Need, the condition of not having a sufficient supply of clean diapers to ensure that infants and toddlers are clean, healthy, and dry, can adversely affect the health and welfare of infants, toddlers, and their families, and WHEREAS, national surveys report that one in three mothers experiencing diaper need at some time while their children are less than three years of age and forty-eight percent offamilies delay changing a diaper to extend their supply; and WHEREAS, the average infant or toddler requires an average of 50 diaper changes per week over three years, and WHEREAS, diapers cannot be bought with food stamps or WIC vouchers, and a monthly supply of diapers can cost as much as six percent of a full-time minimum wage worker's salary, therefore obtaining a sufficient supply of diapers can cause economic hardship to families, and WHEREAS, a supply of diapers is generally an eligibility requirement for infant and toddlers to participate in childcare programs and quality early education programs; and WHEREAS, the people of Brooklyn Center recognize that addressing Diaper Need can lead to economic opportunity for the state's low-income families and can lead to improved health for families and their communities; and WHEREAS, Brooklyn Center acknowledges the Diaper Bank of Minnesota and Helping Us Grow (HUG) in the importance of diapers in helping provide economic stability for families and distribute diapers to poor families through various channels. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of September 25 through October 1, 2017, as DIAPER NEED A WARENESS WEEK in the City of Brooklyn Center and encourage the citizens of Brooklyn Center to donate generously to diaper banks, diaper drives, and those organizations that distribute diapers to families in need to help alleviate diaper need. August 14, 2017 Date Mayor Council Members ATTEST: City Clerk From: Hanson, Melodie [mailto:melodie hansonrdale.org ] Sent: Thursday, July 20, 2017 3:42 PM To: Curt Boganey; Tim Willson Subject: Diaper Need Awareness Week -- September 25 - October 1, 2017 LI ear Mayor Willson and City Manager Curt Boganey: The Diaper Bank of MN, and its partners (including Helping Us Grow (HUG), are gearing up with others across the nation for Diaper Need Awareness Week. Governor Dayton has joined in proclaiming the week of September 25-October 1, 2017 as Diaper Need Awareness week in the State of Minnesota. Helping Us Grow (HUG) is a partner agency in the Diaper Bank of MN for distributing diapers to families in need. Over 31,000 diapers were distributed to families from the HUG offices during the months of January 2017 through July 1, 2017. The need is great with one in three families struggling to provide adequate diaper changes to their children. I am reaching out to you to see if the City of Brooklyn Center would also proclaim the week of September 25 - October 1, 2017 as Diaper Need Awareness week within the City of Brooklyn Center. I have attached a sample proclamation to this email. We are working with the Hennepin-County Brookdale Library to be a possible collection site within Brooklyn Center. The Diaper Bank of MN is seeking partner support in asking each of their municipalities to join in this proclamation. I am hoping you will consider this request for proclamation. Please feel free to contact the if you should have any questions or desire additional information. Respectfully, Melodie Hanson Melodie Hanson, Program Director Robbinsdale Area Redesign 3730 Toledo Avenue N. Robbinsdale, MN 55422 meIodiehansoncrda1e.org Oty Cmmrlldfl Agenda ]Item N©0 7b [[I1SJ[iJ I N I DhYA L'AIak'I (I) U J1IA I DATE: August 14, 2017 TO: Curt Boganey, City Managg FROM: Sharon Knutson Aw^(- SUBJECT: Proclamation Declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day Recommendation: It is recommended that the City Council consider adoption of a Proclamation Declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day. Background: Mayor Willson received a request to proclaim National Pregnancy and Infant Loss Awareness Month and National Pregnancy and Infant Loss Remembrance Day. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement Mission: Ensuring on attractive, clean, soft, inclusive community th at enhan ces the quality of life for al/people and preserves the public trust DECLARING OCTOBER AS NATIONAL PREGNANCYAND INFANT LOSS A RARENESS MONTH AND OCTOBER 15, 2017, AS NATIONAL PREGNANCY AND INFANT LOSS REMEMBRANCE DAY WHEREAS, Infants Remembered In Silence, Inc. (IRIS) and many other nonprofit organizations work with thousands ofparents all over Minnesota and across the United States who have experienced the death of a child during pregnancy through early childhood, and WHEREAS, many of these parents live in, deliver in, have a child die in, or bury a child in our community; and WHEREAS, IRIS, a 501(c)(3) nonprofit organization, was founded in 1987, 30 years ago, to support parents whose child/children died from miscarriage, ectopic pregnancy, molar pregnancy, stillbirth, neo-natal death, sudden unexplained death of a child "SUDC), sudden infant death syndrome (SIDS), birth defects, illness, accidents, and all other types of infant and early childhood death; and WHEREAS, bereaved parents around the world remember their children annually on October 15 with a candle lighting at 7 p.m. Some will remember their child/children in their homes while others will remember them in small gatherings around the state, across the nation, and around the world, and would unify these parents in tribute to their children; and WHEREAS, in 1988, President Ronald Reagan proclaimed October as National Pregnancy and Infant Loss Awareness Month; and WHEREAS, in honor of the thousands of children who die each year in Minnesota, IRIS respectfully requests that October 15, 2017, be recognized as Pregnancy and Infant Loss Remembrance Day. NOW, THEREFORE, I AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day in the City of Brooklyn Center. August 14, 2017 Date Mayor Council Members A TTEST. City Clerk ESSISMSEENNEEM Founded in 1987 Celebrating 30 years of caring service! 218 Third Ave. NW Faribault MN 55021 Phone: (507) 334-4748 E-mail: supportirisRemembers.com Website: www.irisRemembers.org October is National Pregnancy and Infant Loss Awareness Month. October 15th is National Pregnancy and Infant Loss Remembrance Day. Join other Communities across the state in proclaiming October 15th as Pregnancy and Infant Loss Remembrance Day in your community! Infants Remembered In Silence, Inc. © a 501(c)3 nonprofit organization (#41-1700704) would like to respectfully request that the city adopt a resolution/proclamation endorsing October 15th as Pregnancy and Infant Loss Remembrance Day in accordance with the requirements within the city/county. (Resolution I Proclamation below) If you are not the proper contact for this request, please forward to them or reply with the correct contact information. Infants Remembered In Silence, Inc. (IRIS) works with thousands of people across Minnesota and across the USA who have experienced the death of child during pregnancy through early childhood. This includes death from miscarriage, ectopic pregnancy, molar pregnancy, stillbirth, neo-natal death, sudden unexpected infant death (SUID formally know as SIDS), birth defects, illness, accidents, and all other types of early childhood death. Many of these parents live in or bury a child in this community. 'ereaved parents remember these children annually with a 7 pm candle lighting on October 15th Some will remember their child/children in their homes while others will remember them in small gathering around the state and across the nation. This resolution / proclamation would unify these parents in tribute of their children. United States Government Proclamations: o 1988 President Ronald Reagan Proclaimed October as National Pregnancy and Infant Loss Awareness Month. o 2001 House Resolution 107th Congress 1st Session H.RES.254 IH o 2006 House Resolution 109th Congress - 1st Session H.CON.RES.222 If you do choose do adopt this proclamation/resolution you may send us any certificates via e-mail to supportcirisremembers.com or we can arrange for someone to pick it up. Respectively submitted July 21, 2017. )iana Kelley - Fohnder and Executive Director Infants Remembered In Silence, Inc. © (IRIS) [iMk*IYATLI iI4*] !ZI'&kP JIN 1i [s]it'](*!'] 1iEk.]iLIlt.]iiP • Albert Lea • Brownsville • Bird island • Dilworth • Elk River • Faribault • Fulda • Minneapolis • Minneiska IRIS has arranged for the of the following locations in Pink and Blue f' the October 15th Remembrance Day. I We welcome your recommendation on other locations. • 35W Bridge - Minneapolis - 3th Annual lighting o Lowry Ave Bridge - Minneapolis - 4th Annual lighting • Enger Tower - Duluth City Cmndll Ageirida Item No. 10a Oty C©w©il A, genda lim N0 Mn [I1Sk[J I N N k'A U'A I fllk'A (I] 1I 1BkA I DATE: August 14, 2017 TO: Curt Boganey, City Maria FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6001 Admiral P1 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 6001 Admiral P1. 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 nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-20-2016 The Owner, Natan Zadik, applied for renewal of the rental dwelling license for 6001 Admiral P1, a single family dwelling. 01-20-2017 An initial rental license inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. 02-27-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-14-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. A'J!ssio,z: Ensuring an attractive, clean, safe, inclusive comnsunitr that enhances the quality a,/lift for all people and preserves the public trust ID1BLYSJI NIV DIk'A U I Mk'4 [I) 1i1I 1iJk' I 03-30-2017 A fourth inspection was conducted and passed. 03-31-2017 The previous rental license expired. 04-03-2017 The $200 reinspection fee was paid. 04-19-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 04-19-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-11-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-26-2017 A Mitigation Plan was submitted. 07-31-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. 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 lillicense. 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 l'I!ss!ou: Ensuring all attractive, clean, safe, inclusive conlJflUllit.V that eiiliaiices the qiuditj' of lift for all people and preserves the public trust [i[I]BJ[SJ I V DI'A U'A I *'4 [I) 1'WI P1Bk I Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Ensuring FIJI attractive, clean, sqfè, inclusive consimnlly that enhances the quality q/liJe for all people and preserves the public trust :inJ[.j IU N Mk'A U'A a ak'A (0] t1WI UIJ'A i Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year Type III - 1 Year Type IV —6 Months b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, saft, inclusive conmuin fly that enhances the quality of be for all people, and preserves (he public trust [I1SJYiJ I N U U &'A IhYA I k4 (I] 1I flIA I License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan i'JLcsio,i: Ensuring an attractive, clean, suft, inclusive coiwnunitv that enhances the quality of Iffo for al/people and preserves the public trust - BUthOINC AND COM4UNUY STANDARDSWBROOICLYN R* Lk#t /;t P1r,CENTER Typo IV Lkrc ttpt i A I ,Nord - t/A Ai Ito you fty LoW AjahN) AGI NS Man -- 'L 1t :Y i I - r;r -k k IASAW Rumal 1jews, P01 to Con A a 46 A rwas A: Orion poi 15,jujaro 115r,L 1 APIA; sno too PY 0 .0 , - Rod aprowhis A 1-11mt Why 61V loom nua and J I i Al Own any not raq plaul Inum on ii l:i pil nno t an g to even d dolman ton) wag al Lt,ür bitllIu, 1, -i C oil I •L1s 2, 4. 4W Q 1 -. . ;- ;:4 11043W sat BUIWMNC AIW cMUN.tTY WI4A?sW.AIWSCOY ofxOI<YN Lrtt MjunKim Scullps A Ctin tc hq.,0 1,t cg t imi 1tqLWfltflC Phase I t:L i F A copyAtl-'^^nd ti m mite 014CAd to thA MUM Mon W o n sub ngt led , [/] Wo UTud ( ilk. t It W ad I ra tios is 6, 11 i A co py of the be fchd to the iiin iU d vo We 100001 Valm! v r 111 : • / Mae 41 t J IJ : tt Vc unhodile un Mal u Annonnionk 44 A 10ll two p nuct behlo Ole Ik: YpItt1 tIh i6 ConUnue S ouUm A, P h ave ifi :L. a ll Bt1LDI\:G ANT) COMMUNTY STANDARDS TOOKLYN 4Th I/jti Pn Type IV I.AcanstCINT.I:R - 'i-Pon Phav III, ;fr it rt<y I& V Tt A1M fmvpgs-- us the r31ri t ind tfotc 1ic Tp& tc I (zone 5 , AMIAM numl A to to, 10 / " :I MA V j c1t 4) r mrc F I : i t- I ttt 01.1 ,Fl ThF WAG lis t BTLDC AND COMMUNITY STANDARDSTIBIRMOXLYIN Typo IV Oam Ep Aong Tom C)>Jti 'ti P!i F mde np can; mu ed Own r5: ti Rom MU zunh "u doit WaSn"wlfl l tt,ti Quo ate wmpm CA mm y . 'v x 11 NI eJkt F: :1t( tYalm I iTt iv ,- - Gimpy (Olin! tat F 9 A 9 t ; - EO1LDNG MND COMMjSNVrY STANDARDS• ,• )3ROOXU1YN ,CENTER : Slip o 1pr cI itPpy i- ? fU • :• 5 •- - red by (Uy. 17 'i L V,-H H p •r '1 t-- •' Akn wport t7noftb c h in -th n 1 :-<in uw'nr r p / •-'- 7 Hb <f• Ipoal t .lc h p cfflfrni1 Mlollvultiolt U (7 p t-:i - 3 3 - - 3 3 3 - - - 7 - 1 /4 4 I 41/11 I - I -, '-' -: 44 toy ,€ I, - It_I 1411 1$4._I1,,% •j • , 1!/1 t. :-,41c :,ir7 ri 11 t)11:± -. - .-" I'- ._I.l I III 1 - - I;fit , Cty Cndll Ag lld fl©m N0 1[©a #2 I.1uJr.J I fl Mhi'A I k'4 (I) 11h1 I1IJ'A I DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk AMP&16bZk SUBJECT: Type IV 6-Month Provisional Rental License for 5043 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 5043 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 sixteen (16) 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: 01-20-2017 The Owner, Natan Zadik, applied for renewal of the rental dwelling license for 5043 Brooklyn Blvd, a single family dwelling. 03-28-2017 An initial rental license inspection was conducted and failed. 16 property code violations were cited, see attached rental criteria. 04-30-2017 The previous rental license expired. 06-02-2017 A second rental inspection was conducted and passed. 06-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. !Jissioii: Ensuring an attractive, clean, suft, inclusive community that enhances the quality ojhje for all people and preserves the public trust I1i1SJ[iJ fl *k'4 Ih'A I Ik'A (I)1hI WIhkI 06-07-2017 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. 06-27-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-01-2017 A Mitigation Plan was submitted. 08-02-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. 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 Mission: Ennring an altracine, clean, saft, inclusive cominuizity that enhances the quality of I, for all people and preserves the public (inst [[I1BJ[iJ lUll M"4 I'A I hYA [0] 1l )1IJ'A I consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-0840 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, Alission: Ensuring an attractive, clean,P in conununilv that enhances the quality of l(ft for all people and preserves 1/ic public trust II1IJ[iJ I I I Ih'A VA I 1k'A (I] 1WI L1SJ'A1 perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only") Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License 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 [5or more units 0-0.35 Mission: Ensuring an alli'uc1n'e clean, st, inclusive conzinunh/y that enhances the quality of ljJe for all people and preserves the public trust rI[I1IJEIJ I fl I I IhYA UtYA I k"A 0) UI flhJ I Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, sef', inclusive coinnwnity that en/maces the quality of life for all people and preserves the public (rust - BUUU)NG ND CO1MUNIDY TJD%tIDS }3R0 SEIYN jutIon Phu CENTER 82 Hn,et Mifn Al 13rcfl cr bt flund on W City i: <I (I) cç t'4 Pr:ty Li l y 4 ifl1 wnaeg Uwl UIt I ' tnt rr Lft t) )i ) --1 Rapti onpopulycovdWit 4fl1H dJ r c . Tps tJ i ItII ier tc y1 by U C-v k?/ i 7 1 t4 VjU18100 iThn must b e anti ud ty C yMali, A tthJ fifty t tt I( p' tt u1i I, tdtff kIcm thr L 1i}r ith Cit Onnces iII A wd l: c tt :' U lec (it yj , p1s rf ntt r In Btir ubm'tthj fl1out A E3 And C 1ttc n 2, 3.4, wtd 5, 4 IS () y4t tji"i' r1!', :. I3UILDNG AND C)M JNI1Y SWDA1WS it (PONMYN t Mttk PLn 't y pofV Ln4 A— ,uii !o,tin 1i n A We & ttumt &td Crm Fuo 4oiIi L dtnium b to ti ti tIgicn M A n Wb on ubmttd I , cii I!;; )• 3 ?ciJJ 1 : a t now mqmthd Zj ;: it durnfnr 41 AMsA il WSMAnot Mile fvv,,^tiffln c hr i r nt r1 1n'iGc fl A copy of thio Crrno Fav Musing C O MM"tci1 tip Mtchød to th* Mgtion Tian vOmi MAW, Me Fm tmohq; umpleWd I J'%.r dedu lol I on I ' on pat ak'MMY phniq lit,rcJ / Si iit tU1y i'* y II Phot o I Ci t;y r ) rucici l hilli or fiop rcury 44. A 0111 A vo on I rwos t to ømpIritod ci expu al lon do t o 114N the rrcnty wr If nry c'nct has rpS: (c A, III on , ic ji MOWS pepum t', I U BWU)INC MD COMMIJNITY STXNDARDS UROOI(I1N Riu1 1cnc .P;u po ctkn@ A Cr1m' I uttr Piociirn flqiumnt (ntiffl1d) INHIMMIMMU 1?] )amel or 50, 1 tk t nr A Ri/. rri j, flit /t.1& rt nct It cwWWW4 vvAhin IhO rtntAlprcd Ond L*fo ltw W Memo exp uaucvri ih t teio. •iajc . h c ri n wt cr apalit rt' Mur or ;t;i1 voll Am JUVA mucoryufru jJsialawarl P-Wausy 'it Tbo 1 Wwli;j Mom ate i eq 4) or [1 MOM• Ciwi 4r* jmt • Vol pawnp KINCOw, BWLDXNC AD CØMMIJNITy STAM)AItflS R001MYN !sods RlWyn Fill CENTR icnt L—Lng Cp(I f/Afl Pfi )1P aid qw , tw hinAnd flr:tr ht Ut jIUWe umlywal (cphwasw O N ti A k. irUU" dnit ' tt h ic epic LYou we unsm i la't ty lot need w En wphrod , Y OO cap, ac^1hn ;: u Own Wit La1 Rcp tpkd O4 i y KNOW HuMs-',you fl/ç4 _____ ttikft /LU t1 fill Mill t4 tw I BUThD1NC M COMMUNITY STANDARDS CENTER fp w !aiptovc %tgnrnt d Co.ndiUcim f.Pipi a ndop eny The ni ifrJ: <4 2 / ty t ;U C2C v 1; ti ii .t h tc.laXON , 0190SWOlds , iw: 1 Th p Wowing n:1 utdom rpqWrod b? hc Cfty. •2i : *4i JL)! t 1 : i3I ,cr [V'J 4 t 1 - I f }: L 3( Iy 0^,jncA thr knuh ti n A uppltobln A wrItti kpflt must b* tkd bq th dy of zch tith with on udth of up ost 1:--img Ul k o nf y tho wnr ii wh 1Jfr tHn P A (ntS ; < t i 't ck call 1H 4iflA1 iofolfr - I oat Q mm uh 1 L 7 11 I3UThTUN.0 AND COSThWNtY STANDARDS EROOTthYN .rit\it ot Min,GrTER I TyfYUcc An And V? &((f out S inkemsfol ptavved in Un umj cc u ralz"'in: tJ t' 4 ' I w ; L Alain Whin, :i . ibi, In A A' A' (Y A A its NOR 1r /' I ) C not t-' lv M IUy. A 1 1At 061) City Cmjnill A gendmi [©ir N©0 i©i #3 [i1Ih[SJ I U 1 MhYA I'A I k'4 (I) 1I alSJk'A I DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk ^Auw--KAV-U^ SUBJECT: Type IV 6-Month Provisional Rental License for 6611 Camden Dr 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 6611 Camden Dr. 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 fourteen (14) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-04-2017 The Owner, Jenn-Yuan Chen/Shin Chiang, applied for renewal of the rental dwelling license for 6611 Camden Dr, a single family dwelling. 05-09-2017 An initial rental license inspection was conducted and failed. 14 property code violations were cited, see attached rental criteria. 06-21-2017 A second rental inspection was conducted and passed. 07-03-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 07-03-2017 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 ft'Jissioii: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality oJlsfe for al/people and preserves the public trust kWJ[iJ I fl U I *!4 UhI kTA (I) 1I flhJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-17-2017 A Mitigation Plan was submitted. 07-06-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin in four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation }-Iis!oiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality hsf' for all people and preserves the public trust I1PJ[iJ fl U h'4 U I FhYA (I] 1AI flhJk I plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03.08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: Mission: Ensuring an attraetii'e clean, safe, inclusive cornnwnhlv that en/sauces the quality of life for al/people and preserves the public trust iEO]JJ(iJ I N rhk'4 L I k'4 (I) 1II I1SJ I • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 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 5 18B.01, Subd. 2 (h) 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 0-0.3 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 Mission: Ensuring an attractive, clean, safe, inclusive conunansly that enhances the quality of lite for all people and preserves the public trust I1U[iJ I U U M'A L'A I 1K'A 0] UI P1BJ I 5 or more units I Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an ultra dive, dean, sqfe, inclusive Comniuflhly that en/lances the quality hJi JOI all people and preserves the public tins! B1IJ)INC Ai1 .fl COMT tJIflT? STANDARDS Cal of BIR001MY VL 2 .CENTER Tye IV U venw! W nit L vor or all Low Als"NQ YO am"join"JK OMMA poll P, I svism!"Ing, A 4 id IUJILDING AND COMPiUNITY STDAR[)S P Type V . J P' kc 'rc 2i whop walwad, H; ;, WIT BuxLD1qG ItND COIvL\1VNiYV J?N1)714D3 1E{() I: CEN trER Typo IV :I ?• ,J f ' ', p1 via,- ---; cow Hmomyn Cc V - ; :V- j r)flG tNI) COINENAUNVIT : (. L?'TFR 4 4 , <? improv onvot :, oil SION such OWWW1 ,%1 Or "Whoo h : 44 09 Wove '02 or 410 qo Emit List Flop soots WOOPA-1 WO fill - - - "-- 8UIIA)INO AND COMYAUIOTY Coy ofEROOhLI\ Type V L et tn:y i - all -. - -- 00 t oo -, - -. - V -- ---.- .- own Nn' - --v- 5n -- _•; - - ----- ;k -p- -" U. mumpull UY Ion 10" day M cacti ronmul Won an ullm ,- y 1 ---. : rg A 1"swro - tin 0 or to Own --<- r - ,-t-' took, 3U1LD1;O t;t)iv U!fty TACAN of —7 )3ROO<TYNTII.CENTER type (Y 1jaww", Sps and / ':•. TI Aunw3samly A - City C ildil Agenda, k©m N©0 H #4 I1J[iJ I I I Dk'4 U'A I ak'A (1) 1I I1SJhA1 DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5025 Drew Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5025 Drew Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on fifteen (15) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-06-2017 The Owner, Ryan Schmidt, applied for renewal of the rental dwelling license for 5025 Drew Ave N, a single family dwelling. 03-03-2017 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 03-31-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-11-2017 A $100 reinspection fee was paid. mission: Ensuring (tit altractn'e, clean, safe, inclusive conunuizity that enhances the quality of lift for all people and preserves the public trust EI1uJ[i I AL'A11 134 , (I]I i 1.iI )1IJhII 04-14-2017 A third inspection was conducted and failed. Additional violations were found during the inspection that were not found during the initial inspection. A $100 reinspection fee was charged to the property. 04-26-2017 A $100 reinspection fee was paid. 05-03-2017 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-17-2017 A fifth inspection was conducted and passed; however, reinspection fees remain unpaid. 05-18-2017 A $100 reinspection fee was paid. 05-31-2017 The previous rental license expired. 06-07-2017 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. 06-27-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-12-2017 A Mitigation Plan was submitted. 07-13-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin within 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 Mission: Ensuring nit attractive, dean, safe, inclusive corn jnunht,V that enhances the quality of lift' for all people and preserves the public trust I[I1PJ(SJ I N I DkTA U I k4 (I) t1II )1IJhA I regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories, License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission: Ensuring an a#,acth'e, clean, safe, inclusive coninmnilV that eiilutiices the qiullity of life for al/people and preserves the public (just [iLi1IJ[iJ I UI I Ik"4 UhYA I DIk"4 (I) 1aI UBJhYkI License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv) Type 1-3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 1-2 units 3+ units 1-2 units 3+ units 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 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 Mission: Ensuriiig an attractive, clean, safe, inclusive comnwmty that eiiluuzces the quality of'Ijfè for all people and preserves the public trust [EO]JJh[i1 I UI V Mk"A U I FJhYA (I] ULWJAi 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 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan mission: Ensuring an attractive, clean, saft', inclusive community that enhances the quality of /ife for all people (lad preserves the public tins! i3EOOKIYN CENTER Ritd t4P, T)t, 1/ L& 11ndvri.k qtt Mi! tot b ccphd A jl: C WM ufl t t VAN Coal VC Pool I I i:- Ay i't EmA ;kt Colo isA upsco r. i:iv -"P/-5*I U City C i (fly T71,If, A I I hi 1 is 4:t, tty II ;ibeW 1 gmso pwal d - 1Vf ,1 li!-i itI -Cv idii i A 1 --ir tI -r of Onj too CIN to jr ii 4tV i U suormal and all Am at, not C; YAQUI OwAss I eI • A, B, md C Iti on 2, 3 land 5 , I lo t 154NOlyn 1 ( Ai avizVfpjt BUILDING AND COMMUNITY STANDARDSI nt Lccv tn PIn Type V Ln±c —Cru ic Hiitq Prgrrn Rqrnnt Phone I . J j (:rr, AJrd unt A cop y of die Iwo s9teenlePt and Unit free Watu ,kddv ndt.tr ut bt, witacbed i itrn Plan whn MUM. 2 anus lo o n!nit or MW a l tL . tr iF tn;ih i/ H Lt fo i U. iV vflt,t; 1J A copy alilw AW free flousing Cifi<' must to 1hr M1kin Plan 1fV H ftd k. Dwrovr no iir t: tAMIJ at CRY cc Hr \(U t ft H I} Pham V ; AnTula a SCUNY WOOPWOM ard $ by WCAPUl ( A 1h1 Hconst oxISrabon We in II- r:iv Ir n i: tr U d w I H I H 1 A, fl f on H i lit its I amH) BUILDING AND COMTflrY sTMWJUDS BRObICXYNCINTER LI1 LcLLt! itOfl P1n Type IV licanni, ici A Crth r,tt ) uiiti Pitxtim fl Qu(c,rnc(3ft (otthU*d) Phone W it 001MI 01 noun! W alml at Ownumer 511K (2) (A t his ARM, t, Th )"FRAM, hi, crir 1r' v'tn ti' tritiI Ihn id b, eforo thc pondhe Type JV k.jit. ;vTj pin Soon:) Oh ,, r voym im moohng ON; an coy"r b; agent man A; I 1 ; Aw The ttt1 f0i O:I (4) ar I r )f II * - - L+ L E1JTht3NC AND COMMUN1*I T STANDARDS City of wit Type IV LIcjt t3 Lvrj Ttn Cip!#I I !r)VIc)flt P/' 11 P 4: 11 1 q & n 1 1 a Q Dal a 11 a 6a lu, v,*-Jtd I NOW Pon fcI; h•4cT tL i:J it w;H tiot b 1 u . Palo ! on i' I , vij hum flat,La nt FUPK IN c F <tI 1/ y N opt •Alamo 2 01 - ----- V . - V f 4 iyCi j^mt—hu ddmj mod Corrinvitily YA t 1j -; .' HMO st 1 5 W :';'; flUILNC Mfl) COMMiUs1TY SMZfltRDS 't lh41 Ty V Lk (' ro mptwc M iqItv ndC ir JiJôi,;'t Pptty V j4 rtv [LI L1I k fl y o l ] . t f I'E11 o;'it f(lU I hy ihi' Cty, I 2 .! 4) 1 <y < , Ail PITh i CItV CI A Wcn rprt must b; r d by t IO' .dy of rh 'nU vjith on Update of ctiot btnj t4en by ih :cJwn; r r I1fr ;it. tih iddiôr Et i 7' n th ii ic fiU11OtG AND COMMUNITY STANDARDS iIv ()B 'Roolm Rent t L rv;o Mifigation Pilo, }Typn VY Lk it mgn woo (Ii vy MKIR 4: I. I U4I t fts C"nvjwmh am Rate AM the kunce pv0d, on oppsyn beyond theV ti. Raq on mOrval (., I an II h/( , il MOW 1j? /I1( / POWY now", As / 55 /1 /1 )/ 10"s TWO :5 : j i; 44 1 104 t • •• - "- -- - : Oty C©dli Ag en ch I[frm N©0 ll #5 [I[I]JI(IJ I I I Ik'4 L' I alk'A (I) 11h1 I1SJYA I DATE: August 14, 2017 TO: Curt Boganey, City Manag3 FROM: Sharon Knutson, City Clerk A400^Ndo-^ SUBJECT: Type IV 6-Month Provisional Rental License for 7018 France 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 7018 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nineteen (19) 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: 10-27-2016 The Owner, Crystal Brummer, applied for renewal of the rental dwelling license for 7018 France Ave N, a single family dwelling. 11-29-2016 An initial rental license inspection was conducted and failed. 19 property code violations were cited, see attached rental criteria. 01-03-2017 A second rental inspection was conducted and failed. 01-20-2017 A third inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 01-31-2017 The previous rental license expired. 03-16-2017 A $300 Administrative Citation issued for operating without a rental license. Mission: Ensuring un attractive, clean, safe, inclusive coniinunitv that enhances the quality ojhL for all people and preserves the public (rust IEI1IJ[SJ I N I M'A U'A I 1k'A (I) 1I )1SJkA1 03-29-2017 A fourth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 04-12-2017 A fifth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 04-26-2017 The $400 reinspection fee was paid. 05-08-2017 A sixth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 05-11-2017 A $600 Administrative Citation issued for operating without a rental license. 05-23-2017 A seventh inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-25-2017 The $100 reinspection fee was paid. 05-23-2017 A eighth inspection was conducted and passed. 06-15-2017 The $100 reinspection fee was paid. 06-26-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-26-2017 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. U. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-05-2017 A Mitigation Plan was submitted. 07-06-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. 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 It'!Lsion: Ensuring an attractive, CIe(1fl 3 safe, inclusive cominunht.V that enhances the quality of lI:fi! for all people ozzdpreser'es the public (rust II[I1II[J I S V U MhYA U'A I OWA (I) 1I )1IIkA I a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. Mission: Ensuring an 111tiac1n'e clean, safe, Inclusive community that en/maces the quality oJlte for al/people and preserves the public trust [I[S1J[i1 I V M'A 1h'A I M'4 (I]1II I1lJ I The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 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. Mission: Ensuring an attractive, Clean, safe, inclusive Cofliffluflity that eni WJICL'S the quality ojlfe for all people and preserves the public tins! Ei1SJ1 I U V Mk'4 UYA I 1k'A (I) 1a!I I1IJk I 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 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring (Ill oltI'aCliVL', Clean, safe, inclusive IInIIIIisive COIty that enlutnees the quality of life for all people and preserves the public trust - HVIIAMNO AND COMMUNITY STANDARDS Cyo13ROOXLYN Rent Uctrwt Mfl9UOh Typo IV Liconso /# Pin viII nul ? coped. 1. fjç J (t e1 ?; 1 4. : WO L not poxU 1t7i 4 i .nPvt. GAMMe fl blenth JAMS to c:In j:;I by C- I a hAw Min numt t' -uipç (ty A AUQ1 ov Mal ftt b r U Ii*nt, n iFan Mcd IMINK oe tops b HMY wH ba Won 10 mWM iti (1 Otdr'z and acoleabby codesV I r We ir It id ti1 of j "I"",VNal to lot Suva Am W rn 1i r alvd,tr virpnpr 1 3the Imew v 4 p osdon dam 1i kiu sl Boforo sulynithoo, (1kiut S trnt A. B, td C kc4d on p a geN 2, 3, 4, and 5. lily (;t i'q Ct e,inv BUILDiNG MW COMMUNITY STANDARDS CUycI polo N13 lit) Retit Mi ton Pfl 1ypVin1 tio A -Criftt iir H/tq Piiui ffiQ /mifls Phahe I 11 LW The Last tr ?ict Iit; A copy of th trun ind Crun Ft Lout Addmwhim h^- to He 10IN g a tirso PUI Wh(fl 4'tkd ' fl• u M H1 1 1"r q vi a i' i )r í; n t / •11 'Im Iran'aJ ;-11-VY U r I ; A , Ciitno We Houni nq 01irfificate nit!0 b tthd t o 1h 1Dmon PUn when ixnittd, I I J(1 Ifi VMS esuphAd twig Waluird it . tU ii Ir1 ' li:T : - trIf ' / j M1I y Most H 11 t o n - 1;rU ':1 t U i Yflif u ' 4 A kIHi up n ourAwn dale ifnr' ( pratôn i rr .It:y U it kt r e U ( Ui w.'i d CctimjQ cHotr / Pay! UI on r< - BUILDING AND COMMUNFrY STANDItRI)S Cityof BRooIcLr:N /: : RMt1J t 4t1t1C11 PthnCENTERType IV lJoenst Sn A Crinc It 110 Jin9 P:or Rqu)rintf Ont1InJtdJ at agent w'l ;i A P,M, lhr4 ARM 1 rcnplrtod in tho t1n on-o prkid aed bcl I C,,f o io i1tu IV I. J-: i4 : :j ulmovigy Mamma l wil ym I t The 'lIu.viq ammumii raqwred for 4) or mora tifflt, 11001PUri luskism MltI :1( (1lthq Pokay :. tflLNG ND COMMUNITY STANDARDSCyutROOKLAN Type IU LIcemeCENTER 13 Lonp Trru CpitsiJrnprpeeint kin 3 t3 tei e"t J to be 11 b IeI. ctn 'n i A ds i on p! 1 L t lr :"don 't k n owA or bn twoken" 04H not It you " r eed is A N W3 061.y note a p"M on hand al Me ago upplamr :. L, r ;'; i { rI ;t DOW 4i tixpo^M o d pI 1ntt%t 20;; 0 10 .i tt I CRY of 010awyn and WA ?, :v flLDNC MW COMMUNITY STANDARDSciyor I HROOKIIYN I Type IV Lcnc Stc C S(p t !rnpto Mt tmt ind Co thtJor fPropery :VMS whoi have Iver,r I and popedy fl I1wlij te Wi t(i I tr Unit i i Was, ( : h w T are tv'qWirad by thr city. 3) hymn hen"N s y mew, root NalneW Intuit I r iII (': trjiI ucb iI A written fo pert to o Wunlundd.iy ? rnUi with in b4j 4ün by *1 ii to cotny /tiaiII PLfl A c,2py of 910AMI -Ay 14W nan be 9W On k"it", H. d OP Un MY c r:ntcoll . fnrnjn it ,.. . t.1 Penthtt L OW SON , U-MONOV vnmyr Q01" NO a1av BUILDING MW COMMUNITY STANDARDSfficfty JIJ BRa ORLYN Rr1li Manse AttD'r4uiCENTERTypo Ifi Sqn and Virit ft tft : rrt: fez If1 1/"/.f I \ A V 7-itjS?t Oiicy I V a IL$ cny $$$ '14 (.1'r Tit Ewpo mm 1mo 1 lye S Ciy Cil Agenda Hm 1\\,I0 1© #6 III1IJ[iJ I fl U V Mh'A UhYA I Dk'A (I] 1II I1IJ I DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7119 Halifax 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 7119 Halifax 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 thirteen (13) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-01-2017 The Owner, Jami Stromberg, applied for renewal of the rental dwelling license for 7119 Halifax Ave N, a single family dwelling. 04-12-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 05-12-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-26-2017 The $100 reinspection fee was paid. 05-30-2017 A third rental inspection was conducted and passed. 05-31-2017 The previous rental license expired. AIhcsioi,: Ensuring an attractive, clean. safe, inclusive commanitV that enhances the quality oj'ljft' for all people andpreserves the public trust IEI]Ji[i1 I U U I 1L74 1h'A I k'A (I] 1I WJ I 06-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-07-2017 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. 06-27-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-07-2017 A Mitigation Plan was submitted. 07-11-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council 1JLvcion: Ensuring an attractive, clean, safe, inclusive community that emilumces the quality 'lift' for all people amulpieserves the public tiust IEI1IJh[iJ I fl V k'4 Ih I IkA (I) 1'II flBJ I disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 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 iI'tission: Ensuriag an attracth'e, clean, safe, inclusive community that en/i etitces the quality of lift' fir all people and preserves the public trust [EI1H[iJ I fl I I 3k'A Uh'A I Ik'A (I) WI IlIJk'A I and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 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 P,4iss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJlzft for all people and preserves The public trust IID1SJhSJ S i I Ik74 UhYA I Dh"A (I) 1I P]JJ I Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan 11,Jissio,,: Eizsziriiig an attractive, clean, safe, inclusive cominunut that enhances the tjuulitj' o/life for all people and preserves the public trust IN IVY,600 Iv a m s lot :b pta A c' &t' Ctj 4' r r irk 4 hrc ' 4 St . U I Ar ' 4fl; S.. WK SOON ha" mul-I i-7W S S -4 4 -, - ' -, s. - . 4 1 S 4 4 ' 5' 1 V-6 ' ,,• '' )rrusl b e 'S '' ', 1 '_ .. . :. ' ' - II I I n1vot K commoud or mu sawy w dw ' S 55'', •,' 5 Of S 2' 4 s it M I AMI -''''...: 4S ' 5 .'•' - And sprosay; -, . ':'" - ' •'•' '" ''' - ' - - . , .: -. .. : - i,.,V,:.L : ' '-.:': coda s • '. '-' . . !- ' '-.'' . ' ,'' ,' -'c' j':. ! pit pf fq^ -. pen or g L: M'.0 5 5 . d N o 1 a m , ropu nho n ' . •''.2..- 4 ,' •'' , ( S , ,_ • . : • - '-' h' •' . ' ' El p f ala nul l nIpU lly, thl-otu S e chowt th , and C ioccitd on paps 2, 1 & and m aind aldu 13 I P aton • fi t .. 4 BUILDING AND COMMUNITY STAIWARDS BROOKLYNA. • Rnt ti Mzioh Nall Type '/ Loi Sedici A Chti Ftt Hu m!tq Ptrrt tiflit WIN% 0,19 Mrantm A py of trc lom agmement and Cr'n f'rcie frutnj WasnAddrinOmm ho Wai:-hW to th t- W fiqudon Flan when subotd. 2) Agee to oursis it, tom c U ;• U i 1) coy U , , t (t1( F 1V 1 w d : Pt A copy of th Crime f Ct must Ouadled to tti ti1itiOR Fthn wfln Com We Imusig moduka f (Aval or ç trit fl ji It 1 W , any A each 11 j/An toy WONNmIR Ild 1TPk1mNA RMOONVWN ImPeW 1* 14 h) O kV . 3: A toil iit bto the i c e li t e ex l Arall on dow GjAmMIA If ;Ke mp Ammemem hot bown V*UTj 14 t y 4 tU *( SrtOr A, P 1e 111 an picjo 3. * * City r- f I tommumby * **% **, ***•*4 * Most III • rTh o A treaungs n;;-. I :.%,:.t;(1 t I 1 ^' I and LIfT)..' II'fl lrypia I Vtei: ox pin bon W • - • m ew , 1 •. . 1 2. .1' on!Won no Oman Knov 2 • - I if h e ; •fl• .• I( r. fl' f or I sro peniet V 41 4 -. fr. • Intl In'snereys Con d uc t C w0 w w si a w _ City • s a vil I ( •I% lIly; ofll2I• 01 ..Il . BUILDING AND COMMUNITY STANDARDS. City Ti* IV Lcnt Undonn W Vong !ur Cipti/ Piøn to p 1 C on 00 I ; . 'i coins, lownsig shak 96 Hens .:* J,P 4 dl ! slat cacti lion wc w000n D sit DaW5 s uc h : 'doa kr a broken"t c; V y ou are noose uf wfmwv tt,,'vt FJ Y ''i Awl no "C' aqu wymplally , acroomy at : y 4 0mohnn ro Orrown L< c; rP ; Ip. •4t Roplacad <LPrduian tprPid cp1 A MY Pa l m townry A •;p Ami'ii çU I i. p 017 ; :211, iq to 5 Soon 11 119YA town , ( t I f; t - -.clack Faf Passaic d unteSS r:', iicUoms ore 4-4 I 4 4 • - 110d rUt 1: sut-mii'o •-j -ij 000h monm noth an update of •it--' 41 agW 'Ill ••t 00S MR1 0aflon ila -, •:.; • - . H - • - - • --:- 1$1 at Of "'t3fl -, •1 I Phase iit h : -(411 l:4 p - • (;.--1. It '•,I"-- •. 1 -' BUILDINC AND COMMUN!Y STANDARDSC11 - faEROORLYN ri Know !". 1Cfl ii SJn 1•t V Sol wousis. 1 L :(4 how 4 *.r r' an An r any renulf A ON 4. Of 4 171 SON 04^,z 7 I I 11 / Poor IMIMP00", I r /t / ç ... . . . . -All k j . Oty (C©mid R Agerndz hem N©0 iJ)i #7 EO1IJ[SJ I fl MhY'A UYA I 3Ih'A (I) t1I PIIA'Ai DATE: August 14, 2017 TO: Curt Boganey, City Mana2 FROM: Sharon Knutson, City Clerk ri,tM4 SUBJECT: Type IV 6-Month Provisional Rental License for 4718 Twin Lake Ave 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 4718 Twin Lake Ave. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-18-2017 The Owner, Richard and Elizabeth Becht, applied for renewal of the rental dwelling license for 4718 Twin Lake Ave, a single family dwelling. 04-13-2017 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 04-30-2017 The previous rental license expired. 05-17-2017 A second rental inspection was conducted and passed. 06-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. IJission: Ensuring an attractive, clean, safè, inclusive cosnnsunity that enhances the qualify of hjt' for all people and preserves the public trust $1IJ[Si fl I k"A U I IhYA (I) &'WI P1IJkA1 06-07-2017 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. 07-07-2017 A Mitigation Plan was submitted. 07-31-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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 u1Jission: Ensuring an attractive, clean, safe ui, inclusive commnty that enhances the quality of lift' for all people and preserves the public trust .1uJ[iJ I fl I I $hYA Uh'A I Mk'A (I) 1'WI flhIh"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. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. iI'Iissio,i: Ensuring an attractive, clean, safe, inclusive community I/let en/sauces the quality of 1zft for al/people and preserves the public (rust [S[I1lJ(iJ I fl U N M'4 U I alk'A LI) 1WI )ilSJhYA I Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year Type II —2 Year Type III - 1 Year 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). !$Iission: Ensuring an attractive, clean, sail', inclusive conunuinty that enhances the quality of lift Jar all people and preserves (lie public trust EI]JJ[S1 I fl I V 3I'A VA I Mh'A 0] UI P]IJt'A I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan ili:ssion: Ensuring isis aUractn'e, clean, Na, inclusive comnnsni/v that enhances (he quality of life for all people and preserves (he public (lust andwrittOfl Mit!giofl P!ns will not bo accopfad A fiHable fom can ho found on the City$ wobsite at v wc otbrooyncOfleiO or cott (7) 569 -53O to havO an elCtrOflC oopy st to you via emaiL esed on property conditions and/or validated pace nuisCflCC icidflt5 the above roierenod pmpey qualdos for a Typo IV6 Month Rental License Prior to 0pp1iC(lOfl approval by the City u I mfl Cu ltcd Mnmab ni E'Mn mu t o mnplcteu nd euproved by city scft Mitigation Plan must be comptetOd lmnodiatel/ order to ensure timely COmpletton of the ilcense eppliention pixess The Mitigation Plan should indicate the steps baing taken to corrct ident tied viatations an the measures that thh be taken to ensure ongoing compliance with City Ordinances end applicab ccdes A Mitigation Plan attowa ihO owner and the City tO rVleW cOncerns and identify po fe uluuor o nuraVu nvcrP coo hor o th pr o, Ii e h tm Plan i c all d ms not CO I co nion I csn penflo o tue coo 'e roorty operates boy nd the license expiration deto enforcement scdon$ such as etation formal complaint or licenSe rev ow may rC$Uh Bofu a submit(ifl ,H a ut Sections A B and C located on ts 2 3 ''4 ' and 5 14, 15 Phase I 1) tSC a wn1tcn ieac agr on he t c e eot ht incl m toe nmc re F nun Lease Adandtim A copy of the tease agreement and Crime Free Housing Lease Addendum roust be attached to the Mitigation Plan when submitted. P to our sue the ttme t o or aer rnen or irctron Of ennts who vialoll 2) the terms of the lease or any addendum",, $ ou emrnai oaeg(O1c U new prospedrvL tent if U car tenant a new background check is not required Must be able to provide documentation to City if requested 4) Attend a My app'o icc evih ronr Crime Irt o Hersmg tramino coumr Infonnatton for e)proved coursos can ha found at MUmcps.not under the Tra/n/ng aiid Evenfs tab A copy of the Crime Free Housing Certificate must be attached to the Mitigation P/an when submitted. Crime Free Housing training was cornp/ated on his, schoduthd for: Owner or agent attended/is planning to attend training at city of: mimi Monthly Uedsth by the day e each monin Phase 11 1) onplote a Securny Ases'nCnt eon mpnnnt rmprov& eot r ouetd by the Brooklyn Center Police Department. To sthdtiie an initial or fo1iowup Security Aseasmcnt call (762) 5693344 A folIowup assossnient must be completed b 3fore the license expiration date to vej the security improvements have been ii piamented if a Security Assessment has been previcusty completed, write tho r c mpiellon date. 1 StJriy Asscssnrit MTS cOmAyd cnL theduled fori Securny i\s cmeit followue 'ic5 conmLeO o m scheduled for Continua Sections A, Phase 111 on page 3. Phase HI [1 ) Owner or qeat t ateio t mnr on (2.) the R hng The A R iuoeUnçja must he completed withn the rental ficense pedod and before the pendini Type IV License expiredon date, Registraton s not requted however you oust sign-in, during the maetng Write two meeting dates an owner or agent plan to aitend. Owner o willagent I attend AM el nicaungs aehoduted on: and 2) Have no repeat We vkdetions previousty documented with the past yr. The following ct1on5 are required for prop ties wfth four (4) or more unita 1)Ganducl resident tai iM fl-18'k unch'.,d6s crime p''efltOri t 2)C :nduot tegukw n ,udnt meotflas JTIDU(i AND COW t1TL ADkRU SAO,- Lc,i 1;4 4ri tt IL? '11, : .pLerr taa w4 t k r id tr ut iM nI LL. t4i Lkth 101It IW d U pit i) i;14h,.ri1Y t :iU ! r Dt LtRP cFdUtr p1r D3 ••.i:.• :ii JL, N 3Ui1DC iN COP UN1 SfANtARDS City of M.MgationNTER Typt IV Lictns SccUons C—Shp to Improve Mnnu'' nd ConMtoc of Pxopeny o iu:rn m ca cm ovo been pvon to With woputy rnqrnnt p pctly n1e Tho followinj actions em roquud: It ) eco ii vith rj j nvoy 3)uyu 2 C tive by I epony to cbk for pooi: oe inn. 3 bVitt tot Ln of tO lease Cf any unim Current on air 014ty foan aOo )aOmotS Tun, urittao, or OtbCf bnrc rnpnynnt unO to tan (14 Tare f000wlo,] ectior ric optional unk quire1 my the City. [1 1) p\:o vnione: 7) Croodo earbaco orv.n I ctelsectrrrty systClfl. 41 provide ornnce Somme pkl:'l MrLYJ eno of /( cc iporly Li 6) Mar: U me Typo tV6 Month R tel Ltcense is apr by City Coroir, the boriseo must con'o';y whh tho oppr wed MAIM Pion and ft ppticbic City Codas A written report must be submitted bw the I day of aech month with on tpdao of actions beinci taken by the owner and/or eçJrUL to Comply With this Mgaw6n P1cm t copy of tho Mnthiy tipdete can he found on papa Y. A iTi hte terra can be knore on the Cb/o WOhdtO ci icwidtyOtbuOk(yflOOfl°rP of Cii (763) fi933 U to have an cbor4c copy sent to you via ntiL Ploasa attach additional iifornatioh U iconcray 5 e - 1 Weamy WIN, MU MA MMI 1 TTT ? - J.iILC LN1) COMMXrLTY ST1NT)IRDS Cityof r I OOI4YN L4Tnt*:( ROnt L1cnse ?tntiOfl Plan •CENTER Type IV Lcw Scjn ind /my th mioarflon provi ded is Ia. undrYend thai T I do no oomply with appuici Mit nahan Iai oompI tii ilam wii tha IiCeO eôd or anate beyond th Icu epir I: tatO, te aaia at:taamI ar2aflte or lrsa (OV taauit. a :c a 1 aa (Ii A;VI Pill) Cky Slii oJy 741/ i) /7 ( I I Cty C©nil Agendan Hem No. i© HE COUNCIL ITEM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Maria q^t FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3300 65th 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 3300 65th 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 October 10, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV, City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 01-31-2017 The owner, Elizabeth Dolornengi, applied for renewal of the rental dwelling license for 3300 65" Ave N, a single family dwelling. 02-27-2017 An initial rental license inspection was conducted and failed. Nine property code violations were cited, see attached rental criteria. Mission: Ensuring un allractivL', cIe(l!l, sa/, inclusive community that enlummices time qiiulitj' of life /n all people and piesemees time public (must [i1OJ[SJ I U I k7A I'A I Dk'A (I] 1II I1IJhYA I 03-27-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-05-2017 A $100 reinspection fee was paid. 04-30-2017 The previous Type IV Rental License expired. 05-30-2017 A third inspection was conducted and passed. 06-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months 06-07-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-31-2017 A Mitigation Plan was submitted. 08-01-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017, Prior Type IV Rental License approval activities: 06-28-2016 The Owner, Elizabeth Dolomengi, applied for an initial rental dwelling license for 3300 65 t" N, a single family property. 07-20-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 08-23-2016 A second inspection was conducted and passed. 09-06-2016 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. 09-21-2016 A Mitigation Plan was submitted. 09-23-2016 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. 09-28-2016 The Mitigation Plan was finalized. 10-03-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 10, 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. Mission: Ensuring till attractive, clean, suuje, inclusive conunuuiv that cab autces the quality ojIlfe for till people and preserves the public lutist [S[I1II[iJ I U I U IILA UA I IIA (I] tUIJ1IJk'A I 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 030840 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 Mission: Ensuring an altractij'e, clean, sirf. inclusive comma lutv that aniuuzccs time quality of life for all people (marl preserves the public trust LI1Uh[iI I U U I MA I'A I Vk (I) 1II I1SIAi 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. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1Year j2 units Greater than 4 but not more than 8 MLwn: Ensuring a;l attractive, clean, sale, inclusive community that enhances the quality of lifo for nil people wul preserves the public trust EI1SJh[SJ I N I U 1k'A U'A I Ik [I) 1I I1SJ1 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 51813.0 1, 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 I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3300 65th Ave N cioii Ensuring1nsung altractii'e, clean inclusive community that enhances the quality otlfe fol all people and preserves lb epa bile trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3300 65' AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3300 65th Avenue N, was issued a Type IV Rental License on October 10, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (9) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3300 65 t" N, Brooklyn Center, MN. August 14, 2017 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 ,\ND COMMUNIFY STANDMthS Coy nRooKLYN CEITER L JL 31 ( I_ if= %SdwAul 0, rv C . pjowl ond Mpnmy 11 11114 IVA D vpo owfi l ANI) COMMUNITY S1ANI)R1)S 41 BROOKLYNtk (Err}:1 1 It' 1 L t I 111 I I I'I I I I II' I i BUILDING AIN COMMUNITY STANDARDS _gp7BROOK1xN C NTF plall R I I1!J 4 t 4 WPM /S ;S 45 j 4JI fJ4I 4S ti 5) - S;54 j4 17 ANY 7 l7s'i 7 7 IJAWC yvy 1v I Wuns , expulf ill 11010, n 1 Mwv 4 Oct: S 7 5 5 7 S •7 7 1 5 - 5; S -I ( S - - S 555 :jqmr, sit raqurab fw 009 in V 54 V PRO e MO., t I (t 71547 i7t 1IIs 77 I Itt S fl1f1LUIG AND CO1r\1UNiTY STANDARDS CENTER t Cj,t BUILDING AND COMMUNITY STANDARDS I I300HLYN LcErrEx 71p, IV War, Ca n; i I i; HWLDIN(; I) COMMUNITY S VANDARDS Lao JIv Cu " I3ROOIZIXN ,'III.CENTER I I / I II I JI Il / I I I1j / v iiJ I I. flt I I II' 1I I I Cliy C, llnd AI1lli llm N©0 Al -i, COUNCIL ITEM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Mana, FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6015 Aldrich 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 6015 Aldrich 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 January 9, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on six (6) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically attend a minimum of 50 percent of Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. jMission: 1ii:iiiiiig an altractive, clean, sufe, inclusive community i/mat en/nuwes the quality ojlite for all people and preserves (lee public (rust EI1[i1 I flu Ik7A U!A I MIYA [I) 1iI I1IIh11 Current rental license approval activities: 02-22-2017 The owner, My Truong, applied for renewal of the rental dwelling license for 6015 Aldrich Ave N, a single family dwelling. 03-22-2017 An initial rental license inspection was conducted and failed. Six property code violations were cited, see attached rental criteria. 03-31-2017 The previous Type IV Rental License expired. 04-28-2017 A second inspection was conducted and failed. 05-11-2017 A $300 Administrative Citation issued for operating without a rental license. 05-16-2017 A third inspection was conducted and passed. 06-07-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-07-2017 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. 06-22-2017 A Mitigation Plan was submitted. 07-11-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. Prior Type IV Rental License approval activities: 08-04-2016 The Owner, My Truong, applied for renewal of the rental dwelling license for 6015 Aldrich Ave N, a single family dwelling. 08-23-2016 An initial rental license inspection was conducted. Ten property code violations were cited, see attached rental criteria. 09-06-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-21-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2016 The previous rental license expired. 10-04-2016 The $100 reinspection fee was paid. 10-19-2016 A fourth inspection was conducted and passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-14-2016 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. 11-28-2016 A Mitigation Plan was submitted, 12-05-2016 The Mitigation Plan was finalized. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. fission: Ensuring an attractive, clean, safe. inclusive coiiiJnuiUty that enhances the quality u/We for al/people and precerves the public trust Ii[I1IJ[OJ Iflhl DIk' I'A I MYA [0] 1I WWA I If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. iWission: Ensuring an attractive, clean. s'qft, inclusive continua:' that en/sauces the qua//ti oJlif for all people and preserves the public tract EI1h[iJ I UI U Ik'A I 31k'A ES) IiI )]JJh!A I Rental License Category Criteria Policy Adopted by City Council 030840 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. 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. 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, sef, inclusive coininanify that enhances the quality a life /71 all people and preserves the Public trust ZEI1PJ[iI I II k"4 Uh!A I k'4 Li] lWI 1Ih I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 Sor 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 I1JLVSiOII Ensuring an (Itt1(ICti1'n, CICIIFI stile, inchisive (OflhiiWflit,V that enlutiwes the tjiiuiiiy of lie for al/people and preserves the public trust EI1SJ[1 I V ak'A II DM [I] t11I ne I Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6015 Aldrich Ave N 1'J!cs'!oii: Ensuring an attractn'e, clean, saf, inclnive cominUIU(,1 that enhances the quality q/lf' jar all people and preserves the public trust wr 8UflD1NC ANI COMMUNITY S TA N DAR, s BROOKLYN ,CENTER i tci Al WE " 4 P I t i f AseS Anion ", 3wo-A Lint I r I;1 Ion it A 4, cn - Jfl t - -- 4 I. / - BUILDJNc; AND COMY1t1NIyy STANDARDS BROOKLYN CENTER U njr yyi V SC( ?40ns A Cnrz Frco Pngim RoqJi<'fsit PJU4 4 (4 ,--- V I)***- C)ly rwILfllNc; !tNJi (;or1r1uNIr -y s'Ii%rDAuTh BROOKILYN _ A. CENTER I Y rs A Cth Frt Iutq pro rm P ji, rnti (enn; / I 1R All, =M the ft iti •i.we etc waino QtC K'I - I I I I - - II I - - • • ) £f I nuzLrnNc AND (OM(•y mMUNI'ry SiItNr)AU BOOKL?N 1 LncNTER i ACKA , B I 0'19 Trrn Cipiral 1rnprovirn,,i Phri 4 Awl AMC 4?Wbrx;ppW £ £ £ Nutmij Lod C - I £ ;'-,t;- h ••• :•'••••( m Vic 11"And by bu.d 1 wtn 1lr Vic ( t T - 1 (i 3 3 Pi f C A -q I i 7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6015 ALDRICH AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6015 ALDRICH Avenue N, was issued a Type IV Rental License on January 9, 2017; 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 6015 Aldrich Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE TV Rental License is hereby approved for the property at 6015 Aldrich Avenue N, Brooklyn Center, MN. August 14, 2017 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. Cfiiy C©wijnidll Adi Jfernrll N0 Hz LJ ^ 0 COUNCIL ITEM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Mana OW,+dFROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6336 Beard 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 6336 Beard 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 rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on August 31, 2017 and one that will have expired on February 28, 2018. The property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. 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 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. .fl1is51011: Ensuring an attractive, clean, saf, inclusive conimun liv that enlumees the quality of I/fL for (ill people and preserves the public trust IBI[i1 I U U I Mk'A U I k'A (0] 1WI WJi 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: (License that is being considered and expires on 02-28-2018) 05-01-2017 The Owner, Chen Xuan Zhou, applied for renewal of the rental dwelling license for 6336 Beard Ave N, a single family dwelling. 05-25-2017 An initial rental license inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. 06-26-2017 A second rental inspection was conducted and failed. An additional property code violation was issued and scheduled for follow up. $100 reinspection fee was charged to the property. 07-13-2017 A third inspection was conducted and passed. 07-17-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 07-17-2017 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. 04-24-2017 A Mitigation Plan was submitted. 07-27-2017 The Mitigation Plan was finalized. 08-07-2017 $100 reinspection fee was paid. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. Prior Type IV Rental License approval activities: (License that is being considered and expires on 08-31-2017) 11-21-2016 The Owner, Chen Xuan Zhou, applied for renewal of the rental dwelling license for 6336 Beard Ave N, a single family dwelling. 12-19-2016 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 01-19-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-24-2017 A third inspection was conducted and passed. The $100 reinspection fee was paid. 02-28-2017 The previous Rental License expired. 03-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 03-07-2017 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. 03-27-2017 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, sic , inclusive cotnitwuity that enhances the JILUIIJ oJlfe fat al/people and preserves the public trust I1IJhIJ I U U I WA U I Mk'4 (I) 11I )1lJ1 rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-24-2017 A Mitigation Plan was submitted. 05-25-2017 A $300 Administrative Citation was issued for operating without a rental license. $125 Administrative Citation was issued for failure to submit a Mitigation Plan. Mitigation plan submitted was incomplete. 07-27-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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 I1J!VSIOII. Ensuring (in nitiuctive, clean, S(ifa, inc/nc/va conununity that e,iliuizces the quality of life for an people and preserves the public trust [1IJh[iJ IUI k'A I'A I ik"4 [0] 1I I1J1 and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an uttiactive, clean, safe, inclusive cominunil.v that enlunices the quality oJlsft' for all people and preserves the public trust S1SJ[J lUll F4YA U'A Ik'4 (0] t1I all 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: o At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 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). JLsioIz: Ensuring all attract/ie, dean, sfè inclusive conmnmity that enhances the quality qtI.te for all people and preserves the public tins! kI1IJ(iJ I i N 3k74 UA I M1 [I) 1IhI I1IAA I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6336 Beard Ave N 4ltssion: E;zvnring liii attractive, clean, safe, inc1uive conhinunity that enhances the quality of life /oi all people and preserves the public Iciest Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6336 Beard AveN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6336 Beard N, was issued a Type IV Rental License on August 14, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, IT 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 6336 Beard Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6336 Beard Ave N, Brooklyn Center, MN. August 14,2017 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. f j(( 1 fl no t I I Inv 1: An •-.: .• ••• *I I * *1 ! SIX 7ANov, wr I * 1 SIt I in kip I dw 4 ; ** I * *15 A,,* *1 (*** *I a vi,fit rys rowk no 15*1 1 aw a , tl dko-* I *1* (F IFS1 * F *Win*YV F I*I i•Y fl:Is•: Is i*i:I :*isI S * **1 5 I *5* 555vSi * jj 0 f qry • tistting (sI1oit Spahonl ,, i\ ft nd C I 1 dr5j (III 2, 3 4 nd 5. C. t f **1 C r s* ,511Z1* .55* CtsnnI Fy iit*IItflfl' •, . •• •••• ,• 1 ' • DI3EIfJJW BUH1)ING AND COMM YUNII STANDARI)S11P' ci BROOKLYNA CETEP Hh1 Lire 1t toh Pn idIIIkii cr tsnn A C h mp F-r !Lp I v1 1lit A opy of thi' 1St: aguirawnhima Criu 1r Hm ;e Add enchan oitJt ho altachczcj to thP 7Uq Phil tti ubu htci • r • liq I 't ;h I - !-Sao nuç A copy t.iI U fine HOMMIte hflc. te rntP-;t Ittc hc1 to th - içat Oh FPar w hrn nuhmmrd - H- --- -:'- - Ph;t: U I A JJA WI •. H -A 1u1ft p itU to bcfio tho Imme ry pl A W, dit ' --I - '.- r - -4- - -V-1- - •r. .aW - Comme Srctioi A Phr.i UI on c_1 tr k-1ROUNW1 and eA BUILD INC AND COMMUNITY STANDARDS City ofERO 0 K 141,N Rrtj Ln Mtitio PnCENTERTypv,, iv t A- , !iotiiiq Pioqtn 1?q i,intc i *n 11 pro it Ihc AR nir rh ogn trust t t ren tai otl d t1ur thc flJtU Ty p e IV Lcc vxpja6 an I'o1w m f 110 - * -* *- **tH. l vaston W AM no -Ali ii. -* **** *•** 1 I t UIJtv It Lhted Or Ith fo nt 4) or ioute w0 w 1 11'.01 * 1* 1 I**Volk 1^4 His! 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( / // 1 1 I Cy C©mdli Agenda- i{m N©0 li #11 COUNCW I{TM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5420 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5420 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on January 9, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend a minimum of 50 percent of 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 lien 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. .4iission: Ensuring an attractive, clean, safe, inclusive comnwnitv that en/maces the qualify oJljfè for a//people aiidpreserees the pub//c trust [I1i1SI[SI I N I I 3W'A L' I DkYA [I] 1iI I1IJ1 Current rental license approval activities: 03-22-2017 The owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 04-12-2017 An initial rental license inspection was conducted and failed. Three property code violations were cited, see attached rental criteria. 05-16-2017 A second inspection was conducted and passed, however, some corrections were deferred due to weather. 05-31-2017 The previous Type IV Rental License expired. 06-07-2017 A third inspection was conducted and failed, weather corrections were not made. A $100 reinspection fee was charged to the property. 06-23-2017 A fourth inspection was conducted and passed, however, fees remain unpaid 07-05-2017 A $100 reinspection fee was paid. 07-07-2017 City records indicate zero (0) validated police nuisance incidents occurred in the past twelve months. 07-07-2017 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. 07-13-2017 A Mitigation Plan was submitted. 07-31-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. Prior Type IV Rental License approval activities: 09-06-2016 The owner, Christopher Raisch, applied for renewal of the rental dwelling license for 5420 Emerson Ave N, a single family dwelling. 10-03-2016 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 11-03-2016 A second inspection was conducted and passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-14-2016 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. 11-29-2016 A Mitigation Plan was submitted. 11-30-2016 The previous Type IV Rental License expired. 12-15-2016 The Mitigation Plan was finalized. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the Mission: 1nit;iiig all aItiacuii'e eka,,, safe, inclusive co,niuwntt,1 that enhances the quality f1tL Jo,' all people and preserves the public trust 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 Sction 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. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 13'Jicxio,i: Ensuring an attractive, clean, suf', inclusive conunnuity that enhances the quality of hf c for all people and preserves the public trust EI1h[1 I fl I I k"A I'A I h'A (I] 1I I1II'A I 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. Property Code and Nuisance Violations Criteria 11Jissioii: Enxuriiig an attractive, clean, safe, inclusive community that enhances the quality oJliJi for all people and preserves the public trust [SII1BJEIJIfl UI MUI[I)?1WII1SJhYAI License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1-3 Year 1-2 units 3+ units 1-2 units 3+ units 1-2 units 3+ units 1-2 units 3+ units 0-1 0-0.75 Type II - 2 Year Type III - 1 Year Type IV —6 Months 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 5 18B.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 -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 J /Jf/oi Ensuring (UI attractive, C/Can, safe, inclusive continuinir that enliances the quality o/lif /0r till people and preserves the public trust [1IHI[* I U I I VkYA U'A I WA [I) I1IJi I Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5420 Emerson Ave N Alison: Ensuring uji attractive, cleanS safe, inclusive coininuinty that enhances the quality oJ1fe for all people aiulpieserves the public trust RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5420 EMERSON AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5420 Emerson Avenue N, was issued a Type IV Rental License on January 9, 2017; 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 5420 Emerson Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5420 Emerson Avenue N, Brooklyn Center, MN August 14, 2017 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. B U ILDIN G STADJRJS ijr City o BROOKLYN JUL t Rental M i tigation Plan Type IV Uccn% Handwiiflfl Mitigation Plans will not ho 0cepwd t LIabO (on'n GIn he found on the Ctys w:btc at Of ea to h,Wu GO copy flt to YNI V41 (O1L 'Ht, MO W ! 0 thr Owne'c Mont e: Qnera En-nil- Curront l-pe OtiOfl t)iC -;ii LeOnt OcO1 A^Wmt',, Adituc Ands Port0 A;l W1% EriiL Pendnq EpratN )ate: sd nfl er dalous nnd!or cl dated pal CO nuflOCO 1flCOGflt thu ObQ'O prefy Las ta Ty pa IV 6 Muntfl ReMIt UceunO rrior to 0ptiant-On pt{iVIl h tNC Cy a w e , Own!ted Mi nGOn PMu niust he ajrnptated and ;co'ed by MY A'". A Mtiçto Pin taurc tie O IctOd rmd tMj in ordei to ensure timely cerniOGlion at 010 The Mdiq:-itioO Nan should ndCt the steps buu taken to correct dafitflP0 vdtOO5 and the in asures that 'it be tko to cosra a oncoing campliSOGO with City OrdinanCeS aId appU;ub1O codes A Mitigation Han alloWS the OWOOr and thc City to review COOGOrOS and identify yossibte sotubons to impMVC vtefl ca etions at the property If the Mfl Plan is cut til l u- at en ii t€ I n a in per o Lee IoU Ci 1 oEO perIt5S baynod th house expiration date, entorecmSat acLonS suCh as cdalion ormni cornptaint or Mense rOviOW (Oly (0510 t3eore submittloth fiIlUt SectionS A, B, and C iocted on pages 2, , 4, and 5. 1 aaj'' Cih td ctHft flhiq tiity ;10 ))pxn1O%l Tiy 14,01Q, - - u1:)JG AND COMMUNITY WrANDARDS ) .' C_.iyof AS; 11/ - Ren tal License ritynon Plan CENTER'Type IV Al Sections A—CrIme FrCO Housing P!ogram Roquirenwnts Phase ) 'Joe a wrtoo :OC oilt Toe loose rom 1 lot lode the Cftoe Free It alot: Lease Ath eotwe, A copy of the lease agreement and Crime Free Housing Lease Addendum muM be attached to the Mitigation Plan when submitted. 2.1 ro L I 00 or 4 Lull m or vivini of fuiwts ts iflO Q 4 1,0 mu ioms of the kiooc' or any dumo CorokcI 0in1th roind check for at oow rustCciiC Ieots. P it is a tanard 0 f ew tacç coth check is no rlthUfhCi Must he atlu to ptov0e doumer1tatiol th Gt I1 0 1 MP Come Ii e] hwany musy womahm hof cm he found at Vw/r :loph rlo uuder the TrthThi non ve;ds (ab A copy of the Crime Free Housing Certificate must be attached to the MIttgat1on Plan when submittud II L p ren Her 1 I ot4 J C 1 I 0 len Oceen or agolt attndedfls yninsp to auend trziir1in r2. Oty of: 5) Suirret tcndhy Updatc b its 1(11 day of cash mmnth. Phase II ; ('rn , I I a Spu6s A e mpI rt pm or k e fl In d by r1 hnnsc4Iyfl Cnren PrO I IdlIthIlt IC O( lodolO OR NEW 10 fthmtp Sordy Aosenernerrt i 17t3) 043340 A foIiowup assessmcnl must be completed before the license expiration data to vtrrfv the sec irhy nrruvc ue;etO hnie Loon 1"'a SlOb! ty AO5055I000I HO tool pro/il 0/ 000 l(0LU, 0000 (bOl1f)I0fiO!1 (tifn-o Sncur0y /000050 ICr 0 0015 vm Que coOs soherlolnrd for: 0 510 Seruoty Asmnbv0 ,at (0101000f1 WOO Celllf)thlol erIir SO 1 l000bM ion: ConlinuC Sections A, Phase ill on page 3 4 4-lOt City It 13 'oklye CkBuildOth nd COMIA.Puy Itct t flp00r00nt 001 000 0010 60v i rc- TBROOKLYNBUILDING AND COMMUNITY STANDARDS ity of ,iitigation PlanENTER i Typo lv Uctne Sechon A Crime Free f/ouing Program Requirements (continued) Phee ill tu 1 mi eve (/ f v AI Ete AftM irtinys must be competed within the rental hamsc period and before the pendin 1 ype1V I rie expiration dale, R ;tiit ye rv rerwrd hoY . I u U ,t ir cet. e er iL II y r1 vt.e1 A PtA. uin 1 rvA r U /1OiU ieAj 1 the )ii Fhe following actions arc required for properiie with four (4) or more unit' ;I tv ta v eit ide ne pre eoi ?) Cc dyr eyu eiideit iI CI -y ci t t U ( ntttth, St dird P At Côrithtion Expected Ropiacwnenl Data .fay ?ü2i EJ c El LI apt 20W 1i H El Aw . tEl Jan 2Jaa n Jon ___ BUILDING AAD COMMUNITY STANDARDS C i ty Of BROOKLYN 1' ' Rental License Miti g ation PlanCENTER I Type IV License Sections B —L ong Term Capit a l !mprnvernent Plan HAW up torijUnn a nd age , cotot€ 1 repWam e nt d a tes, ud to : for cofnirn o n in conqklewd awndinNy. Nrnc i cro tee warn or ot herwis e if f Her h I ri iraJ ri to be rcHrci wanon AH Hemsrroct ha v e a or L ILd O pwovoia Dare. Dates such as "unsure", dont how" or "when hroben will not be accapled. If yoj ore U n pue - i an Hc;of w oad e H reptacaai, yca c a PmKon bowd CO on vgu, app uwwwa t .q or m:ri 1OJfe1djh\ At iA ko a n NY V AO t)aPj be hu v'w t -qe Item Date 1 eat Replaced /;eIq) W1t'r teoH /iay i1O ?1 A I ;oe 1 ha-iei A1t aaodr Ap -. trbrn Monidü tiro.""I Frerior honr / W PM: - a (Hrt Drh-.r S (: ae t a a - . of Be3d a -teta .0 1Comannhy lC mdWs Ia . ..^Q w "jv arm a - BUILDING MW COMMUNITY STANDARDSCity ofBROOKLYN t JU Rental License Mitigation PlanCENTER r Typo 1V License Sections C-Stops to Improve Mnapcment and Conditions of Property 1hr h e ms in wri on I myn Wo n ass A vail n:i i an ope y -j The followi ngn actions are required: l td 1);tac v wi teiot v 3UI 1v 2;Drivu b ,,,, ooty to i for .no ;nI ie A Rot v of W has, or nV OJ(i ti [d i nn i P C1 r ul arid I I dos t tOe C. The following actions are optional unioss requited by the City, [1 2)Pu J: qft 'y 1 2) leta L o'iy 1 1 4) Pr ;de nonior ans Pl a n for zifIr:es. Narn^^ of 5P c I L 11th Typ 1V Id o'dr Rental Licen s e is Lppfovw1 by 101 Cy tne laci sec rfln1 f0/ 0 proved It tic atvoi PW and aH appLallo CPv ( : ro A written report must be ubmrtted by the 10' day of each month with an update of actions being taken by the owner andior agent to comply with this Mitigation Plan, A cop -,; of the ?Axllhly Update c:n be 1unJ or: I, A ITMA thor can be (oard on the w;bsite at vwvctyofLrOo1dyr or4ororg o: co (((.2) SAY 33O to rae a tdrr t'ui 0014 to you Via OmOt!, Please attach additi o nal inform a tion if necessary, City i blooklyn coa and cwo mvvy sw n dndn 1) Oty Ciidil Agenda Item N©0 1©b COUNCW I{TIM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Maria FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Abatement of Nuisance at 5848 Aldrich Ave N Recommendation: Staff is recommending the approval of the subject resolution ordering the abatement of the conditions creating a nuisance property, authorizing the City Manager to abate the nuisance. The resolution declares the property a nuisance and authorizes the City to abate any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts. The abatement is not for demolishing the house or garage. Background: The property at 5848 Aldrich Ave N is currently occupied by the owner, Paul V Scully. The City has received complaints and during proactive code enforcement inspections found the property to have storage of junk/furniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property. Staff has inspected, provided consultation, and given extensions to the owner and occupant over the past year to bring the property into compliance with City code. After several attempts the owner and occupant has failed to comply with City code. Staff is requesting that the abatement is conducted to remove the junk/furniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property to further prevent blight to the neighborhood The following is a brief summary of actions related to this recommended Council action: • On May 27, 2016 the City received a complaint about garbage and junk throughout the property, inoperable vehicles, rubbish, brush, and garage/shed in disrepair. • On May 27, 2016 an inspection of the property was conducted and met with the owner, Paul Scully. Several property code violations were seen within plain view. Each property code violation was explained to Mr. Scully and explained how to cure the violation. A compliance notice was sent and posted on the property to correct the property code violations. • On June 8, 2016 a follow up inspection was conducted and the property owner was not onsite. The property code violations were not corrected, however there was progress made. An extension of 30 days was given. • On July 13, 2016 a follow up inspection was conducted and the property owner was not onsite. The property code violations were not corrected, however, additional progress was made. An extension of 30 days was given. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tins! :EIIJJhIJIU • On August 25, 2016 a follow up inspection was conducted with the owner and the property code violations were not corrected. The city had received another complaint regarding the property code violations. A follow was scheduled for 20 days and each violation was explained to him. • On October 4, 2016 a follow up inspection was conducted with the property owner and explained the remaining violations. There was some progress made however additional violations were found. Verbal notice given to the owner. • On October 20, 2016 a follow up inspection was conducted and some property code violations were corrected, however property code violations remain. Due to the progress, an additional extension was granted. A verbal notice was given to correct the property code violations. • November 8, 2016 a follow up was conducted and the owner was not onsite. Progress continued to be made however property code violations remain. • December 22, 2016 a follow up inspection was conducted and the property appeared to be vacant. A notice to register as vacant building was mailed and posted to the property. • On January 5, 2017 the owner called and spoke with staff indicating that he is still living at the property. • On January 8, 2017 a follow up inspection was conducted and the property code violations were not corrected. It was also noted that additional items were being added to the violations. • On February 1, 2017 a follow up inspection was conducted and met the property owner onsite. He also stated he was receiving medical treatment and could not clean up the property, a weather deferral was granted. • On April 12, 2017 a follow up inspection was conducted and the property code violations were not corrected. The property appeared vacant and there was additional dumping at the property. • On May 12, 2017 a follow up inspection was conducted and the property code violations were not corrected. • On June 13, 2017 a follow up inspection was conducted and the property code violations were not corrected. An administrative Citation was issued for $125. • On July 14, 2017 a follow up inspection was conducted and there was progress made to clean up the property. There was a dumpster onsite however property code violations still remain. If the resolution is approved, staff will provide a final notice to the owner to remove any junklfurniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts off the property. After the final notice, if the any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts are not abated the City will immediately start the abatement. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the nuisance and hazardous conditions and authorize the City Manager to abate the nuisance by removing any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust BUILDING AND COMMUNITY STANDARDS THROOKLYNityo ir7 VU St Rental Licse Mitijtion PInNTER iypi IV License Sign and Verify u U: U I: 1. iil I c npI i . :jd Or -yui Ii UrUi r it I / I / / I I:,: Cfy S(t Only 12 / I - : i/ ! I I C i ty c-f Iirc t)-c Ccte-- I1I r. nt 11 j S 1tx't! d- E)ctrtrt I _ :--- I .> ,(_ (-) I i-1 Member introduced the following resolution and moved its adoption: [EI1IJ[i1 iui Ih!A LA I aIk'A El) UI mJi I Budget Issues: The estimated direct cost of cleaning the property is $5,000 depending on disposal and material costs. All associated costs of abatement will be the responsibility of the owner and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: Safe, Secure, Stable Community Attachments: Resolution Notice Pictures 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. N", NQUInKLIA's WHEREAS, the property located at 5848 Aldrich Avenue North, and legally described in the attached Exhibit A, contains a single-family dwelling (the "Subject Property") and is located in the city of Brooklyn Center (the "City") in the RI - One Family Residence zoning district; WHEREAS, the Subject Property is owned and occupied by Paul V. Scully (the "Owner"); WHEREAS, the City has received complaints from community members that there are significant accumulations of refuse, including rubbish, garbage, scrap metal, engine parts, inoperable vehicles, junk appliances, and other debris located in the yard of the Subject Property; WHEREAS, staff members of the City conducted physical inspections of the Subject Property on May 27, 2016, June 8, 2016, July 13, 2016, August 25, 2016, October 4, 2016, October 20, 2016, November 8, 2016, December 22, 2016, January 8, 2017, February. 1, 2017, April 12, 2017, May 12, 2017, June 13, 2017, and July 14, 2017 . During each inspection, the following conditions were observed in the yard of the Subject Property: numerous engine parts and miscellaneous scrap metal, inoperable vehicles on jacks/blocks with flat tires and expired tabs, the accumulation of junk trailers, junk furniture and junk appliances, piles of rubbish, significant accumulation of brush and debris; WHEREAS, sections 7-102 and 7-105 of the City Code deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of under other provisions of the City Code; WHEREAS, section 19-103(4) of the City Code deems it a public nuisance to permit or maintain the accumulation of rubbish on real property; WHEREAS, sections 19-1303 and 19-1304 of the City Code deem it unlawful to keep or store inoperable vehicles or parts, engines, and related accessories unless these items are stored within an enclosed building; WHEREAS, section 19-101 of the City Code deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; 504646v2 DTA BR291-4 WHEREAS, sections 12-301 through 12-306 of the City Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; WHEREAS, sections 12-309 through 12-311 of the City Code make it unlawful to accumulate boxes, lumber, scrap metal, or other similar materials that may provide rodent harborage or food sources; WHEREAS, by letters dated and mailed on June 2, 2016, August 25, 2016, and December 22, 2016 the City notified the Owner of his violations of certain code provisions addressed herein, as well as the steps needed to correct the conditions. The City offered to meet with the Owner to discuss the condition of the Subject Property. The City also communicated to the Owner that if he fails to bring the Subject Property into compliance, the City would institute additional enforcement action; WHEREAS, the Owner has not corrected any of the unlawful conditions on the Subject Property; WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; WHEREAS, the City Council considered this matter on August 14, 2017. On July 31, 2017, the Owner was mailed notice of this hearing and all persons desiring to be heard were afforded the opportunity; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council adopts, as factual findings, all of the above-listed Recitals, and finds violations of all code provisions listed herein. 2.The condition of the Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Property. 504646v2 DTA BR291-4 August 14, 2017 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. 504646v2 DTA BR291-4 Exhibit A The West '/2 of Lot 24, Lyndale Riverside Acres, Hennepin County, Minnesota. 504646v2 DTA BR291-4 I CITY OFBROOKLYN A GREAT PLACE TO START CENTER A GREAT PLACE TO STAY wwwci1yofbrOokVnCeflter.Otg Building and Community Standards 763.569.3330 Direct 6/2/2016 llllhIii1llflll$ IUI IThilftTllfli16—ø37ø* Paul V Scully 5848 Aldrich Ave N Brooklyn Center MN 55430 RE: 5848 Aldrich AveN Dear Property Owner: The Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors, The following items covered by City ordinances have recently been noted at the address listed above. Your cooperation in taking c&e of the items would be appreciated and avoid the additional time and expense of formal actions by the City if the conditions are not corrected within the times set below. You have 7 days from the date of this letter to do the following: Remove all auto parts, scrap, junk from property OR store inside garage. 19-1304 Paris/Engines & Related Items - Please remove all engine parts and other miscellaneous vehicle parts. All brush/grass clipping/leaves and other yard waste must be properly disposed. Please contact your trash service to ensure they will pick up. Maple Grove-yard waste site will also take these items free of charge (103(10 Maple Grove Parkway N. Maple Grove MN 55369 (763)420-4886 19-103.4, CII. 7 Accumulation of rubbish/brush/debris - Please remove all rubbish, brush and/or debris from property and dispose of appropriately. 7-102, 19-1033 Garbage StoragelRemoval - Brooklyn Center ordinances required that you have regular weekly garbage pick up. City Hail Community Center Police & Fire Departments 6301 ShnSIc Creck Pk, 6301 Shngc CfeO Pkwy 6645 HvrnbOdt Avc' N UroUn Center, 61 1155 ,130-2199 broWyn Center, t.N 55430-2199 0rooktyn Center, MN $9430-1853 7t3369.3300 Fax: 163569.3404 763.569.3490 Fax: 763 569,3434 763369.3333 Fax: 763.561.0717 You have It) days from the date of this letter to do the following: Update and repair OR store inside the garage OR remove: 574-EAG, TRW-232 19-1301.03 Unlicensed./Inoperable Vehicles - All vehicles are required to be operable and must have current license tabs. Please remove or store inside all junk, equipment, material, furniture and/or appliance(s) stored outside at the property. 19-103.11 Accumulation of Junk/Furniture/Appliances - Please remove all junk, furniture and/or appliance(s) from property and dispose of appropriately. You have 30 days from the date of this letter to do the following: 12-707, 35-530 Accessory Buildings - Garage and/or shed needs repair or removal. Doing your part to keep the Cit) of Brooklyn Center a great place to live will be appreciated. If you have questions, please contact me at 763-569-3330. Sincerely, I /_^Xv ^ ^. Tyler Feuerhakc Code Enforcement Inspector MIT CITY OFBROOKLYN CENTER ' A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cilyo(brookfyncenrer.Org Building and Community Standards 763.569.3330 - Direct 8/25/2016 HHEMMEM*16-032750* Paul V Scully 5848 Aldrich Ave N Brooklyn Center MN 55430 RF: 5848 Aldrich AveN Dear Property Owner: The Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors. You were recently sent a letter noting the following violations at your property. Upon a follow-tip inspection, it has been noted that these items have not been corrected Remove all auto parts, scrap, junk from property OR store inside garage. 19-1304 Parts/Engines & Related Items - Please remove all engine parts and other miscellaneous vehicle parts. All brush/grass clipping/leaves and other yard waste must be properly disposed. Please contact your trash service to ensure they will pick up. Maple Grove-yard waste site will also take these items free of charge (10300 Maple Grove Parkway N. Maple Grove MN 55369 (763)420-4886 19-103.4, CH. 7 Accumulation of rubbish/brush./debris - Please remove all rubbish. brush and/or debris From property and dispose of appropriately. 7-102, 19-103.3 Garbage Storage/Removal- Brooklyn Center ordinances required that you have regular weekly garbage pick up. Update and repair OR store inside the garage OR remove: 574-EAC, TRW-232 19-1301.03 linlicensed'lnoperahle Vehicles - All vehicles are required to be operable and must have current license tabs. Please remove or store inside all junk, equipment, material, furniture and/or appliance(s) stored outside at the propertY. 19-103.11 Accumulation of Junk/Furniture/Appliances - Please remove all junk, furniture and/or appliance(s) from property and dispose of appropriately. City Hall Community Center POke & Fire Departments 31 Shine civek PkWV 630 5hinle Cveek Pkv ( GCA5 Humboldt A.v N Brooklyn Ccnlr, PAN 55430-2199 Fqc.klyn Center, MW $5430 2199 Brooklyn Cente', MN 15430 2M 763.569-3302 F,,,: 763.59 3494 763.56934C0 F;i: 763.5693434 763,s&9.3323 F': 70 S10717 12-707, 35-530 Accessory Buildings Garage and/or shed needs repair or removal. Please take care of thc items by Sunda), September 4, 2016 or a citation may bc issued. 1t'you have questions, please contact me at 763-569-3330. Sincerely, / I /-k -0; 1 ^, Tyler Fcuerhake Code Enforcement Inspector i :i I CITY OFDIROOKLY14 CENTERA GREAT PLACE TO START. A GREAT PLACE TO STAY www.c,tyolbrooklyncenler.otg Building and Cointnunity Standards 763.869.3330 Direct Property Address: 5848 Aldrich Ave N 1llh1IIIflIllhillhIIIll*1S—ø3'827* Date Posted/Mailed: 12/22/2016 Date Vacant: 12/22/2016 Paul V Scully Registration Fee: $400.00 5848 Aldrich AveN Property Inspection Fee: $195.00 Brooklyn Center MN 55430 Total Amount Due: $595.00 To: Owner or Representative of Vacant Building in the City of Brooklyn Center RE: Vacant Building Registration Requirements It was recently noted that you own or represent ownership of a property that is vacant. Section 12-1504 of the Brooklyn Center City Code requires the owner or responsible party to register a vacant building with the City no later than 30 days after the building becomes vacant. The purpose of this ordinance is to protect the public health, safety and welfare by requiring owners or other responsible parties to register and inaiutge vacant buildings, which it' ignored or neglected, may become health or safety hazards and a major source of blight. City record.-; indicate this IM'operlY has not been registered as a vacant property and is in violation of the City Cede. The following items must be completed: 1.Complete a vacant building registration application and submit it to the City, along with a property plan and the appropriate fees. Please note that this is an annual registration requiring an annual registration fee. 2.Once the initial application is received and a vacant building registration permit is issued, an inspection must be scheduled with the City' and the owner or responsible party to review all interior and exterior areas of the property and building(s), unless an inspection has already been completed as part of the application process. 3.The registration permit must be securely posted on an entrance door of the vacant building, preferably in a place that is not readily visible from the street. 4.Before the building is re-occupied, it must be inspected by the City and found to he in compliance with Chapter 12 of the Cit) Code and all other applicable regulations. 5. Unless continued water service is approved by the City as part of the submitted properly plan, the water service will be terminated. The application and registration 1e must be received by the City within ten (10) calendar days of the date olihis notice. Failure to make application and to comply with the requirements of the City Code may result in criminal prosecution, civil proceedings or the imposition ol'eivil penalties. In addition, fees, charges and costs incurred by the City with respect to the property may be levied against the property as a special assessment. Section 12-1510 of the City ordinances pros ides for an Appeal when it is titacle in writing and specifies the grounds for the appeal. An Appeal must be submitted to he Assistant City Manager within ten (10) business days of the date of the notice. The City Code and applications materials can be found on the City's website at %vw.c1tyofl)L kIypccjflLor' if you have questions, please call the inspector at 763 -569-33 12- Thank you for your cooperation. Posted by: Dan ierzak Property Code Specialist V.nt - lFirst Ntic to Regi.tcr- Rm 2114 City Hall Community Center Police & Fire Departments 301 shinr e (met Pkwy 6301 SnIe Creek Pkwy 645 Hunb'5t Ave N Bmoocn Center, MN 55430-2199 C'cn Center, MN 55430 7199 flmOOklyfl Crnti'r. M4 55430-1853 763 559.3300 Fax: 763.569.3494 70 59 3400 f 763.569343' 70 5693333 Fa 763561.0717 Paul V Scully 5848 Aldrich Ave N Brooklyn Center MN 55430 tL!1TU!7r Nature of Offense Ordinance Nbr Fine (S Accumulation of JunkWurniturelAppliances remove or store inside the following items: Sl25.0 Please I 03.II I Amount listed is for current citation only and does not indicate total amount due or any amounts certfied to taxes. 0 Repeat Violation within 24 months Continuing Violation Alleged Violator is Owner 0 Alleged Violator is Tenant lnIim,c1ffn: Tuesday, June 13, 2017 at Cor r e ct V iolation jB y: Tuesday, June 27, 2017 *In order to avoid additional citations or enforcement actions GENERAL INFORMATION The Adminittrativc Penalty Program is a horled by Chapter 18200 (f the Brooklyn Center City Code. This is a civil penalty and not a criminal charge The tines are see by City Council resolution from time to time FINE PAYMEM' INFORMATION The fuse may be paid with cash (must be paid in person), chock, or money order, Pameni ,nuzi be made within ten (10) days rf the date ç( the citation A late payment fee may be charged by the City if the fine remains unpaid. A check or money order nusst be made payable to the City i( Brooklyn Center for the correct amount. You may either pay in person or mail a copy of this citation with your check or money ortierto City or Brooklyn Center, 6301 ShIngle Creek Pkwy, Brooklyn Center, MN, 53430-2199. NO7Y: DO NOTMAJL CASH NOTE: BY PAYING THE FINE, YOU ARE ADMITTING THAT YOU VIOLATED THE CITY ORDINANCE HEARING REQUEST INFORMATION If you believe that you did not violate the City Code, you may request a hearirg before a hearing officer who is not a City employee To request a hearing you must make your request in wiiiing, The request must include a S20.00 hearing request deposit fee. An appeal request form is available in our Administrative Penalty Brochure which can be found at jty Jflocg or at City IblI, You must request a hearing within ten (10) days ci the date ci the citation. The Program Administrator will notify you of the date time, and location of your Erasing, and the name of the hearing officer, PENALTIES In the event that you are found to have violated the City Code and the fine remains outstanding, the City may rake one or more of the following actions I. If you own property in the City and the property was the subject of the violation and the fine remains unpaid, the City may assess or cause a lien to be placed in the ansountoithe tine against your propert y. 2.Pursue a legal action against you to collect the tine 3.Suspend, revoke, not renew, or deny a City-issued license or permit that is associated with the violation. 4.Refuse to grant approval forany license, permit, or other City approval sought by you or for property under your ownership or control 5.Issue a criminal citation and pursue criminal prosecution. 6. Issue additional adniinistrativc citations that may double per tine schedule Please call 763-569.3330 with any questions. Inspector Name: Xiong Thao LCity Use Only Account NoJ 101004512 Receipt No. [Date PaidJ LAm csunt PaidJ ,, Co&Fnf,Citation,j3C r kL -Alk - r •••. ,. ,lip CIT.97^ H i0527.201i 11 : - - 0 ø,l s I I I :I w 1pik ÜEIJ5J I D1 1. - I - 01/19/2011 I2 & .' I 01/19/2011 12:13 P11 Inspections found the property to have storage of junk/furniture/appliances, inoperable vehicles, rubbish/brush, parts/engines outside at the property. Staff have inspected, provided consultation, and given extensions to the owner and occupant over the past year to bring the property into compliance with City code. The owner and occupant have failed to comply with City code. Council action and hearing is required for the abatement, due to the property being occupied. If the resolution is approved staff will notify the owners of the abatement authorization. If the property remains in violation the abatement will be conducted. The cost for the abatement would be assessed to the taxes if unpaid. Further, The property was inspected on August 11, 2017 and significant progress was noted. City C©1u1ll'lidil Agenda ]Item N©0 Ac COUNC]IIL ]ITFM MEMORANDUM DATE: August 14, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Abatement of Nuisance at 6007 Lyndale Ave N Recommendation: Staff is recommending the approval of the subject resolution ordering the abatement of the conditions creating a nuisance property, authorizing the City Manager to abate the nuisance. The resolution declares the property a nuisance and authorizes the City to abate any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts. The abatement is not for demolishing the house or garage. Background: The property at 6007 Lyndale Ave N is currently occupied by the owner, Steve Hinz, and tenant, Rodney Birosh. The City has received numerous complaint regarding excessive amount of storage of junk/furniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property. Staff has inspected, provided consultation, and given extensions to the owner and occupant over the past year to bring the property into compliance with City code. After several attempts the owner and occupant has failed to comply with City code. Staff is requesting that the abatement is conducted to remove the junklfurniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property to further prevent blight to the neighborhood. The following is a brief summary of actions related to this recommended Council action: • On September 16, 2016 the City received a complaint about accumulation of junklfurniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property. • On September 19, 2016 an inspection of the property was conducted. Several property code violations were seen within plain view. A first notice was sent. • On September 21, 2016 a follow up inspection was conducted and met the Mr. Birosh onsite. Property code violations were explained to Mr. Birosh and informed the next follow up inspection date. • On October 19, 2016 a follow up inspection was conducted and met with Mr. Birosh. The property code violations were not corrected. • On October 26, 2016 a follow up inspection was conducted and met with Mr. Birosh. Some of the junk was removed, however, property code violations remain. i'Iissio,z: Emitting (IFt attractive, clean, safe, inclusive community that enhances the quality of life for all people unclpi'esen'es the public trust [EI1BJ[iJ I fl I I *V'A L'A I MkV'A [I) t1'II I1UYA1 • On November 9, 2016 a follow up inspection was conducted and met with Mr. Birosh. The property code violations were not corrected and additional junk, inoperable vehicles, parts/engines were brought on to the property. • On November 17, 2016 a follow up inspection was conducted and met with the occupant. Some of the junk was removed, however, property code violations remain. • On February 28, 2017 a follow up inspection was conducted and the property code violations were not corrected. Additional junk, inoperable vehicles, parts/engines were brought on to the property. An administrative Citation of $125 was issued for accumulation of junk and a $125 Administrative Citation for inoperable vehicles. • On March 21, 2017 a follow up inspection was conducted. Property code violations remain. • March 28, 2017 staff had a phone conversation with Mr. Hines and he stated that he has not been at the property and allowing the occupant to stay and store his belonging at the property. An appointment was made with the owner to meet at the property. • April 13, 2017 an inspection was conducted and the owner did not show up to the scheduled meeting at the property. Property code violations were not corrected. • May 11, 2017 an inspection was conducted and met with the owner and the occupant. The property code violations remain and each violation was explained to the owner and the occupant. • May 31, 2017 an inspection was conducted and the property code violations were not corrected. Additional violations were found. • June 14, 2017 an inspection was conducted and property code violations still remain. If the resolution is approved, staff will provide a final notice to the owner to remove any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts off the property. If after the final notice, the any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts are not abated the City will immediately start the abatement. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the nuisance and hazardous conditions and authorize the City Manager to abate the nuisance by removing any junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts or vehicle parts. Budget Issues: The estimated direct cost of cleaning out the property is $10,000 depending on disposal and material costs. All associated costs of abatement will be the responsibility of the owner and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: • Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Ell •IUJ1cI1 fl I I )kV'A LU 3hY1[OMi1l auIYAI Attachments: Resolution Notice Pictures Mission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality of life for all people amid preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CRE ATING A NUISANCE PROPERTY EXISTING AT 6007 LYNDALE AYENUE NORTH IN THE CITY OF BROOKLYN CENTER 1'i ftrl wi WHEREAS, the property located at 6007 Lyndale Avenue North, and legally described in the attached Exhibit A, contains a single-family dwelling (the "Subject Property") and is located in the city of Brooklyn Center (the "City") in the RI - One Family Residence zoning district; WHEREAS, the Subject Property is owned by Steve Hinz (the "Owner") and is currently occupied by Rodney Birosh (the "Occupant"); WHEREAS, the City has received complaints from community members that there are significant accumulations of refuse, including rubbish, garbage, scrap metal, engine parts, inoperable vehicles, junk appliances, and other debris located in the yard of the Subject Property; WHEREAS, staff members of the City conducted physical inspections of the Subject Property on September 19, 2016, September 21, 2016, October 19, 2016, October 26, 2016, November 9, 2016, November 17, 2016, February 28, 2017, March 21, 2017, April 13, 2017, May 11, 2017, and May 31, 2017. During each inspection, the following conditions were observed in the yard of the Subject Property: junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts and other vehicle parts; WHEREAS, sections 7-102 and 7-105 of the City Code deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of, under other provisions of the City Code; WHEREAS, section 19-103 of the City Code deems it a public nuisance to permit or maintain the accumulation of rubbish and junk on real property; WHEREAS, sections 19-1303 and 19-1304 of the City Code deem it unlawful to keep or store inoperable vehicles or parts, engines, and related accessories unless these items are stored within an enclosed building; WHEREAS, section 19-101 of the City Code deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; 504645v2 DTA BR291-4 WHEREAS, sections 12-301 through 12-306 of the City Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; WHEREAS, sections 12-309 through 12-311 of the City Code make it unlawful to accumulate boxes, lumber, scrap metal, or other similar materials that may provide rodent harborage or food sources; WHEREAS, by letters dated and mailed on September 21, 2016, October 19, 2016, March 21, 2017, the City notified the Owner and the Occupant of the violations of certain code provisions addressed herein, as well as the steps needed to correct the conditions. The City offered to meet with the Owner and Occupant to discuss the condition of the Subject Property. The City also communicated to the Owner and the Occupant that if they fail to bring the Subject Property into compliance, the City would institute additional enforcement action; WHEREAS, neither the Owner nor the Occupant have corrected any of the unlawful conditions of the Subject Property; WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; WHEREAS, the City Council considered this matter on August 14, 2017. On July 31, 2017, the Owner and the Occupant were mailed notice of this hearing and all persons desiring to be heard were afforded the opportunity; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council adopts, as factual findings, all of the above-listed Recitals, and finds violations of all code provisions listed herein. 2.The condition of the Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Property. August 14, 2017 Date Mayor ATTEST: 504645v2 DTA BR291-4 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. 504645v2 DTA BR291-4 Exhibit A Lot 7, Block 1, "A.J. Larsen's Addition", Hennepin County, Minnesota. 504645v2 DTA BR291-4 I CITY OFBROOIUIYN A GREAT PLACE TO START, CENTER A GREAT PLACE TO STAY www.cityoThrooklyiwenter.org Building and Community Standards 763.569.3330 - Direct 9/21/2016 fFII1IiIIIIIIiIIiI1I1lliIllh1ill1JIII1 6 - 0 3 ' 2 7 0 Steve Uinz 6007 Lyndale Ave N Brooklyn Center MN 55430 RE: 6007 Lyndalc Ave N Dear Property Owner: The City received complainants about the excessive storage of junk vehicles and auto parts located on your property. An inspection was conducted on two different days September 19, 2016 and September 21, 2016 with Tyler Feuerhake, Property Code Specialist; Dan Jerzak, Property Code Specialist; and Xiong Thao. Housing and Community Standards Supervisor. On both occasions we met on site with Rodney Birosh he stated that he was living here temporally. We asked to speak with the owner Steve but he said he was not home on both ocsions. We informed Rodney that they need to have all the following items listed below cleaned up and removed. Rodney said he was in the process of moving all his vehicles and auto parts up north and he would have it all cleaned up by the November I, 2016. We agreed that a weekly follow up would he conducted to ensure that progress is being made. If progress is not made and the properly is not cleaned up by the agreed date the following actions could result: administrative citations and/or formal complaint. Below is a list of propert) code violations found during the inspection on September 19, 2016. A follow up inspection is scheduled for September 28, 2016 at 3:00 pm and every Wednesday after that until the violations have been corrected. It is requested that access to the backyard is granted to determine the amount of progress. 19- 103.1I Accumulation of iunkfFurniturc/Appliances - Please remove all junk, furniture and/or appliance(s) from property and dispose of appropriately or store inside the garage. 19-103.4, CU. 7 Accumulation of rubbish/brush/debris - Please remove all rubbish, brush and/or debris from property and dispose of appropriately. 19-1303 Unlicensed/Inoperable Vehicles - All vehicles are required to be operable and must have current license tabs. Remove or repair or store inside the garage all inopetable vehicles on jacks/blocks or other supports, with expired tabs, flat tires, and dismantled vehicles. 19-1304 Parts/Engines & Related Items - Please remove all engine parts and other miscellaneous vehicle parts or store inside the garage. City HoTI CorrniuiitvCrnT( - Police S Fire Op.rtmenTs 01 Siingie Creek Fkwj ODIV late Creek 66S rft'rbcidt Ave N tonCerIe, Mr 55430299 Brc.oOCer. ?.IN ,43,159 ProWynCunter, MU 55431853 763,569 33c0 Fx 75) 569.3494 7() 56L34c,i Fix, 763.5593$34 763,559.P33 r, 763E.1 On 7 Doing your part to keep the City of Brooklyn Center a great place to live will be appreciated. If you have questions, please contact me at 7635693330. Sincerely, Tyler Feuerhake Code Enforcement Inspector I CITY OFBROOKLYN CENTER A QREAT PLACE TO START, A GREAT PLACE TO STAY r1wwcl(yo!brooklyncenter.org - Building and Community Standards 763.589.3330 - Direct 10/19/2016 UUJillJllhI1fl1S—ø347eX Steve Hinz 6007 Lyndale Ave N Brooklyn Center MN 55430 RE: 6007 Lyndale Ave N Dear Property Owner: The Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors. You were recently sent a letter noting the following violations at your property. Upon a fo1lowup inspection, it has been noted that these items have no: been corrected. If progress is not made and violations are not corrected the following will result: citation's, abatements, and/or formal complaint. 19-103.11 Accumulation ofiunk!Furniture!Appliances Please remove all junk, furniture and/or appliance(s) from property and dispose of appropriately. 19103.4, CH. 7 Accumulation of rubbish/brush/debris Please remove all rubbish, brush and/or debris from property and dispose of appropriately. 191303 Unlicensed/Inoperable Vehicles - All vehicles are required to he operable and must have current license labs. Remove or repair or store inside the garage all inoperable vehicles on jacks/blocks or other supports with expired tabs, flat tires, and dismantled vehicles. 191304 Parts/Engines & Related Items - Please remove all en g ine parts and other miscellaneous vehicle parts City Hall Cornmunty Cnw' Pol i ce & e Depirtnen(; 630 S' igk (reek pvwi 6 301 Shnge (rcrk Pw, 6645 Hu rn b :^dt AveN Brooklyn Cer:er, MN 5543-2199 RrcknCr,er, MN 554-299 roo',n Center. MN 55430-1853 763369 33 00 Fax 763569 094 7635693400 fax 763569.3434 763569 333 Fax. 763-561.0717 Please take care of the items by Monday, November 7, 2016 or a citation may be issued. If you have questions, please contact mc at 763-569-3330. Sincerely, Tyler Feuerhakc Code Enforcement Inspector Citation Number: I603427001 3r CITY OF BROOKLYN CENTER Date Issued: 1(25/2017 ADMINISTRATIVE CITATION Request Number: 16.034270 Thit ritstinin charges you with one or more violations of Brooklyn Center Cly UKfI1IllllY1I* 16-034270 * of Allccd VIo1ajjx Steve Hinz 6007 Lyndale Ave N Brooklyn Center 14N1 55430 rr1z!i OrdInsnee Nbr Fine (S) Accumulation of JunkfFuir -niture,Appliances - Please rernow all junk, fur-niture andlor 19-103.11 appliance(s) from property and dispose of approprirtc1y. Please rernove or store ingidc all junk, equipment, material, furniture and'or appliancc(s) stored outside at the property. Amount listed is for current citation only and does not indicate total amount due or any amounts ccrtlivd to Wes. o Repeat Vio1aton within 24 months 0 Contirnring Violation Q Alleged Violator is Owner 0 Alleged Violator is Tenant 1tan Time of Offen: Wednesday, January 25, 2017 at 1:00 PM rret plijiou : Sunday, February 5, 2017 "In order to avoid additional citations or rnforcemerrt sctIoflS (ENLRAL INFORMATIONThe Administrative Pcrasiry Pscgr.irn is uthorijcd by L1iptcr t.200 cC tha Brooklyn Center City Code. This is a civil penalty and rot a crimiri.ut eherge The fine' an set by City Ceuricil resolution from rirr.eto time. FINE PAYMENT INFORMAIION The Eric may be paid with cth (must b paid in person), check, of money order. /'cr,mqrJ ,wI te mode within len (IOj as / th' Jute the 0/lOon A Into payment (cc may be cheicd by the City if the fir'o remains unpaid A cheek or rrsancy order most be mack payable to the City cC Brooklyn Ceiser for the correct amount You may either pay in person or risal a copy of thir cition sith you.c check ormoney ordrrto: City or Brooklyn Center, 6301 shingit Creek Pkwy, Brooklyn Cntcr, MN, 55430-'2199. NOTE: DO VOT3IAIL C.4S11 NOiF BY PAYING TIU FINE, YOU ARE ABMITflNG THAI YOU VIOLATE1)fllE CII? ORDINANCE BLARING REQLFST INFORMATION if you bclicc th: you dd rut violste the Cit', Code, you ins', request a tm a rinS before a hearing oflicer who is no( a City employee. To rerost a bc -acing you must make your reqoest in wriring flie rqoest must include a S2000 btaillF, request deposit fee An sppenl request form is available in our Administf5tire Penalty Brochure which curi be found at jjyneit1teig 01 at City halt You taint request a /ceOTftr' ',sth!n icn 00; days q' the dote the citation- The ProIarn Administrator ill notify you of the datc tinte, and location of your he*run. and rho rasrric oil/se hcaing offlcr PENALTIESIn rho cscnt rhl 'coo are(ucend to ho'e iolted the City Code rod the (iirC remains outstanding. rho City missy nike one or more of the fclIorrr; actions I 1f) ou own property in the City end the property was thc ubjcCr of the violation, and the fine remeins unpaid, the Cay may OSSesS or coarse ii lien to be placed in the smour.t of the fine ftgaimt)auc property. 2.Pursue a legal heron against you to collect the fine- 3.Suspend, revoke, not rorrew, or deny a Cityissucd license or permit that il, associated sith the violation. 4. Refuse to grant approval (orany licrte, permit, or other City approval sought by you or for property undcr your owr.-orship or control S. Issue a criminal citation and pursue crinsinst protectitcon 6 Issue ndditonal r.dministrorive Citations that may doubie per (rise schedule Please coil 763-5693330 with any questions. Jnt,N': Tyler Feuerhake City Use On Account No,1 10100-4512 Receipt No. Date Paid Amount Paid CodcEpf_Crtton EtC Citation Number: 16034270-02 CITY OF BROOKLYN CENTER Date Issued: 317/2017 ADMINISTRATIVE CITATION Request Number: 16-034270 This citation ch3rncc von with one or more violations of Brooklyn Center Cliv Csft SMIEDUMIRIF* 16—ø3'27* Name and MalllniiAddress of A1eed VIolaIJ: Resident Copy 6007 Lyndale Ave N Brooklyn Center MN 55430 Nature of flffencc±Ordinance Nbr Fine (S Unlensednoperable Vehicles 19-1303 Repair/replace and Update tabs OR store inside the garage OR remove the following vehicle(s): (BY843 tO) expired tabs, (749 PAW) expired tabs, (156 LXG) expired tubs, (243_HNM) expired tabs. Amount listed is for current citation only and does not indicate total amount due or any amounts certlied to taxes. J Repeat Violation within 24 months 0 Continuing Violation 0 Alleged Violator is Owner 0 Alleged Violator is Tenant Jtjipd Tirpe of Offense: Tuesday, February 28, 2017 at 8:00 AM correct Vlola1iaq,,: Friday, March 17, 2017 'Its order to avoid additional citations or enforcement actions GENERAL INFORMATION The Ad inijtrutive Pcnit>' Prorim is Authorized by Chapter 18.200 of the Brooklyn Cer.tcr City Code. ibis is a civil .cnsIty and not a criminal chargc fine are set by City Council reolurion (torn time to tirrie. FINE PAYMENT INFORMATION Th' firc may be pad with cash (must be p3d in perton), check, or money order. I'oy'ent muir te made rrUlirn len (10) du'y- V the IaI, çí the dllaIk A Iac payment fee may be charged by the City if the fine remsins unpaid A check or money order must be mnde pay able to the City cf Brooklyn Center for the Correct smourt You may either pa in person or mnil n copy of this citation with your check or money order to City of Brooklyn Center, 6301 Shingle Creek Pkwy, Brooklyn Center, MN, 55439-2199. 1iVTF.' DO NOf MAIL C,lSII NOTE BY PAYING THE FINE, YOU ARE ADMI flING THAT YOU VIOLATED1IIE CITY ORDINANCE HEARING REQUEST INFORMATION If you bel:ce that you did rot vioItc the City Code, you m-.y request a hoMing before a hearing otlicer who is not a City employee. To request e heuing you muat make your rclucA in 'oriting The request must include a $20.00 NarirF request deposh fee. An appeal request form is available in our Administrative Penalty 13rhur which can be found at or at City Ilall. You fruit rrgui.o( a /sa'ring 'o,thvr ten (10) days (f the rinse :hr cieanori The ProFram Administrator will ratify you of the dat time, and location ofyour hearing, and the name of the hcorin oflicer PENALTIES In the OvCnt that you are found to have siolated theCity Code and the (ire remains outatandirig, the City rosy lAc one or more of the following aetiorsi I. lfy ouown property in th City r.nd the propereyssac the subjectof the vioiatioa and the fine remains unpaid, the City tnay sanest or cause a lien to be placed in the amount of the fire annst your properly 2.Pursue a legal oetion against you to collect the fine 3.Suspend, revoke, not renew, or deny a City-is-sued licerse or permit that is asiociated 'oith tts violation. 4. Refute to grant approval forany liocrar, permit, or other City approval sought by you or for property under your ownership or control S. Issue a criminal citation and pursue criminal prosecution, 6. Issue edditiorral adrninittrutise citnti000 ttsat may double per floe nehedu!e Please call 76569-3330 with any questions. Inspector Name: Tyler Fcucrhake City UseOthy Amount No. 101004512 Receipt No. Date Paid Amount Paid CodeEnfCitstion_BC CITY OF BROOKLYJ CENTER A 3RAT pA3E 1&S RI AGRT Pj. ACP 1O S1 Ay tww.ciiyfb; ik!yceritCr.orp Building and Community Standards 763.669.3330 - Direct 3/21/2017 NMINllI III I1IllllllhI1I*16-03 424 0* Steve Hinz 6007 Lyndale Ave N Brooklyn Center MN 55430 RE: 6007 Lyndale Ave N Dear Property Owner: The Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors. You were recently sent a letter noting the following violations at your property. Upon a follow-up inspection, it has been noted that these items have not been corrected. Repair/replace and Update tabs OR store inside the garage OR remove the following vehicle(s): (BY84310) expired tabs, (749jAW) expired tabs, (156jXG) expired tabs, (243,,,.HNM) expired tabs. 19-1303 Unlicensed/Inoperable Vehicles All vehicles are required to be operable and must have current license tabs. Please remove/dispose of the following items: 19-103.4, CM. 7 Accumulation of ubbish'brush/debris All brush/grass clipping/leaves/ yard waste/rubbish and debris must be properly disposed. Please contact your trash service to ensure they will pick up. Maple Grove-yard waste site will also take these items free of charge (10300 NIaple Grove Parkway N. Maple Grove MN 55369 (763)420.4886 Please remove om' store inside all junk, equipment, material, furniture and/or appliance(s) stored outside at the property. 19-103.11 Accumulation of Junkunmitimre/Appli ances - Please remove all junk, furniture and/or appliance(s) from property and dispose of appropriately. 19-103.4, CII 7 Accumulation of rubbish/brush/debris - Please remove all rubbish, brush and/or debris from property and dispose of appropriately. All brush/grass clipping/leaves and other yard waste must be properly disposed. Please contact your trash service to ensure they will pick up. Maple Grove-yard waste site will also take these items free of charge (10300 Maple Grove Parkway N. Maple Grove MN 55369 (763)420-4886 19-1303 Unlicensed/Inoperable Vehicles - All vehicles are required to be operable and must have current license tabs, city iiii Community Center Poice & Fire OepMtmcnts M c,A ni cr;' F.c U rnh'Idt a.,. N 19-1304 Parts/Engines & Related Items - Please remove all engine parts and other miscellaneous vehicle parts. Please repair the following location: 12-317711 Yard Maintenance Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative Please repair or remove damaged fence. 12-706 Fences Fences shall be maintained in good condition both in appearance and in structure. \ 12-702 Foundation/Exterior Walls/Roof Exterior walls of house and/or garage needs to be scraped/painted or new siding. Above is a list of property code violations found during the inspection on 03/21/2017. A follow up inspection is scheduled for 03/29/2017 if progress is not made another citation will be issued and a formal complaint will be served. Which will include an occupied abatement. It is requested that access to the backyard is granted to determine the amount of progress. - -- - - Sincerely, Dan ierzak Property Code Specialist • 1i Ly '! Nfiiin esota.cBY 8 4 310. FEB • Bt' :1 4 ; c.- -- / t) -# ----, _;C, - - - - - -' I, - ------------ 14:34 a '! :- t:JT tL .'. ti ll j. I eve - - --- vjlw-wl-^Tft Pk- 6ae 1.I -W. vr 1 F __ 1u iii, --N N T - Vr ( -H - - I N \\V S - C. - :;: H \, I (fl(# [OJ u) . ,• • , ._:.._ I.- 1 • - I k I •4)i ' ' .9' -r - - 1' AV - p:. ki The City has received numerous complaint regarding excessive amount of storage of junk/furniture/appliances, inoperable vehicles, rubbish/brush, parts/engines on the property. Staff have inspected, provided consultation, and given extensions to the owner and occupant over the past year to bring the property into compliance with City code. The owner and occupant have failed to comply with City code. Council action and hearing is required for the abatement, due to the property being occupied. If the resolution is approved staff will notify the owners of the abatement authorization. If the property remains in violation the abatement will be conducted. The cost for the abatement would be assessed to the taxes if unpaid. Further, The property was inspected on August 11, 2017 and significant progress was noted. ___________________ in ri AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 14, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1.BrookLynk Cooperative Agreement 2.African Career & Education Resource, Inc. (ACER) Affordable Housing 3. Discussion Regarding a Letter of Intent with Ebert Construction for the Commercial Development of Approximately 2 Acres of the Northern Portion of Lot 1, Block 1, Northbrook Center 2 Addition. (Four Story, 112,000 SF Commercial Storage Building - 57 t & Logan Avenues North) PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.South Opportunity Site Development 2.Conducting City Council Business Electronically 3.Food Trucks Update 4.Liquor Licensing Update 5.Policy Regarding Commercial Filming within the City Limits 6.Everybody In Update (August 28) 7. Water Meter Failure Update (August 28) W©ik §ftrn Agenda llt©rn N©0 IYA I aK'4 (1) t1IUBJ'A IIS1SJ[iJ I !'LI] ti C'€II *'EI [iJI DATE: August 14, 2017 TO: Curt Boganey, City Mana7 FROM: Reggie Edwards, Deputy City Manager 3i_ SUBJECT: BrookLynk Cooperative Agreement Recommendation: It is recommended that the City Council consider reviewing and discussing the proposed BrookLynk Cooperative Agreement between the City of Brooklyn Center and the City of Brooklyn Park EDA. It is further recommended that the City Council direct staff regarding next steps with regard to the cooperative agreement. Background: In 2013, the City of Brooklyn Center established as one of six strategic priorities the priority of "Inclusive Community Engagement", which focused on cooperation and collaboration. By 2015, the City added the strategic priority of "Strengthened and Empowered Youth". The two strategic priorities set forth the direction of the City to partner with other government, non-government, and businesses to improve the livelihoods and opportunities for youth. In September of 2013, the City of Brooklyn Center entered into a partnership with other local units of government (i.e. city, county, and school district), and higher education institutions to an alliance for youth called the Brooklyn Bridge Alliance (BBA). In 2014, the BBA launched the BrookLynk program for the purpose of achieving two goals, which were: 1.Customize the Minneapolis STEP-UP model for the cities of Brooklyn Center and Brooklyn Park 2.Build capacity amongst the Alliance partners to sustain the program BrookLynk provides youth and young adults (ages 14 to 21) who live in or attend school in Brooklyn Center and Brooklyn Park with skills training, experience and support needed to successfully develop their individual pathways to college and career. Attached is a logic model framework, which outlines the outcomes desired and elements employed in the program for purposes of successfully enacting strategic training that teaches young people essential 2Ut Century work and career navigation skills. In 2015, three hundred and ninety-nine (399) youths applied for work readiness training, which approximately 136 completed the training. Of the 136 youths who completed the training, 62 of them went on to participate in internships and earning a median salary of $1,400. There were a total of 21 partnering institutions (i.e. a county, K-12 districts, community colleges, businesses, and cities) that offered internships and mentorship to the 62 BrookLynk interns. It is in the spirit of the second goal of "build capacity amongst the Alliance partners to sustain the program" that BrookLynk is being transitioned from being operated by the BBA to the partner cities of Brooklyn Center and Brooklyn Park. The initial intent of BBA in creating the BrookLynk program was to complete Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ki I DK!A IS) t1WI I1IJ'A ES1UJIiI I!!LI) .1 *1b1 ISAl its start-up and upon stabilization of the program transition it to an alliance of partners. The cooperative agreement proposed represents the fulfillment of the original intent by BBA in creating the program. Attached are letters of support for the program and its transition from BBA partners and BrookLynk supporters. The attached cooperative agreement is the official document of the settlement between the Cities of Brooklyn Center and the City of Brooklyn Park to guide and operate the BrookLynk program in a sustainable manner for the foreseeable future. Brooklyn Park shall act as the host administrator and fiscal agent for BrookLynk. The framework for the cooperation agreement establishes commitments between the Cities Brooklyn Center and Brooklyn Park to: o Serve each community's youth equally o Share financial responsibilities of maintaining the program o Share liability o Share responsibility to raise funds for the program Elements of the cooperative agreement include: Identification of Participating Parties o Recitals o Statement of Purpose o Roles and Responsibilities Financing Dissolution o Program Expansion o Duration o Miscellaneous o Parties Signatures Budget Issues: BrookLynk will be funded by a combination of sources including: funds provided by the Parties, ("City Funds"), funds from employers for internship wages and overhead ("Employer Funds"), and funds from grants, including without limitation governmental grants, and other charitable sources ("Philanthropy Funds"). Its total budget will be approximately $250,000, which includes a commitment of contribution from the two partnering cities (i.e. Brooklyn Center and Brooklyn Park) of $50,000 each. Policy Issues: Staff request of the Council: 1.Does the Council need additional information for discussion and consideration of the cooperative agreement? 2.What is the direction of the Council with regard to the cooperative agreement? Strategic Priorities: Mission: Ensuring an attractive, clean, safe, inclusive comnuathy that enhances the quality of life for all people and preserves the public trust kAI aIkUI]t1I OJJEIiIJ(Si I VLI] 1NJ DEfI [I)l Strengthened and Empowered Youth Mission: Ensuring an attractive, clean, safe, inclusive CoJninunitj' that enhances the quality of life for all people and preserves the public trust Pursuant to Minnesota Statutes, Section 471.59, this Cooperative Agreement (the "Agreement") is entered into by the City of Brooklyn Center, Minnesota and the Brooklyn Center Economic Development Authority (collectively "Brooklyn Center") and the Brooklyn Park Economic Development Authority ("EDA") which are municipal corporations of the State of Minnesota (each a "Party" and collectively, the "Parties"). A.The City of Brooklyn Park, Minnesota ("Brooklyn Park" and, together with Brooklyn Center, the "Cities" and individually a "City") and Brooklyn Center are members of Brooklyn Bridge Alliance for Youth, an intermediary formed through a joint powers agreement between local government entities (the "Alliance"). B.Alliance operates BrookLynk, a summer youth employment program that exists to coordinate partnerships that prepare employers to engage and connect young people in Brooklyn Park and Brooklyn Center facing barriers to employment with the skills, experiences and professional social networks needed to develop their pathway to college and career ("BrookLynk"). C.The Parties and Alliance desire for BrookLynk to continue operation under the guidance and control of the Parties while maintaining the current BrookLynk staff. D.Brooklyn Park wishes to employ and provide office space for the staff who will maintain day to day operations of BrookLynk. E.The Parties are committed to providing equal financial assistance to BrookLynk. F.The Parties are committed to making a good faith effort to include an equal number of BrookLynk participants from both Brooklyn Center and Brooklyn Park. G.The Parties desire to secure funding from third-party sources to support the BrookLynk program and will work together to maximize these sources. H.The Parties agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes, Section 471.59, and Brooklyn Center Resolution No. and Resolution No. and EDA Board Resolution No. and that control and operation of BrookLynk will be carried out by the Parties as provided by this Agreement under the provisions of Minnesota Statutes, Section 471.59. 495329v6 JSB BR275-187 NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the EDA and Brooklyn Center, the Parties agree as follows: Article L STATEMENT OF PURPOSE Section 1.01 General Purpose. The Parties will undertake BrookLynk to: (a)increase opportunities for youth and young adults in the Cities; (b)decrease barriers to employment for youth and young adults; (c)decrease the overall unemployment and poverty rates in the Cities; (d)respond to the business community's request to address workforce needs and its willingness to partner with the Parties to pay for the program; (e)increase the labor pool for employers in the Cities and address the current labor shortage; (f)increase capacity of businesses in the Cities to hire local residents; and (g) continue the Parties' commitment to supporting youth. Article II. ROLES AND RESPONSIBILITIES Section 2.01 Fiscal Agent. The EDA will act as the fiscal agent of BrookLynk by holding all assets and tendering payment for all obligations of BrookLynk. As the fiscal agent, the EDA shall maintain financial reports, hire employees, and enter into contracts as necessary to carry out the functions of BrookLynk. Brooklyn Center shall not be responsible for, nor engage in, any activities of the fiscal agent. As fiscal agent the EDA may receive and expend funds and property from public and private sources for the purposes of BrookLynk operations. Section 2.02 Reporting. As the fiscal agent, the EDA shall make available reports concerning the finances and contractual obligations of BrookLynk within 30 business days of a request for such information. The EDA shall also be responsible for providing timely any reports required for BrookLynk stakeholders and funders. Brooklyn Center shall provide notice to the EDA of any required reporting for grants or sponsorships Brooklyn Center intends to seek. Section 2.03 Insurance. Both Parties shall maintain insurance sufficient to cover their respective liability for BrookLynk. Such insurance shall provide coverage for at least the amount of the liability limits set forth in Minnesota Statutes, Section 466.04, as 2 495329v6 JSB BR275-187 amended, i.e. $1,500,000 per occurrence or such other amount set forth in Minnesota Statutes, Section 466.04, as amended. A. To the extent allowed by law, the Parties agree to maintain the following insurance coverages, in an amount equal to, or greater than, the minimum limits described below, and upon request, to provide the other with a certificate of insurance evidencing such coverages: 1.Commercial General Liability Insurance in the amount of at least $1,500,000 per occurrence for bodily injury or death arising out of each occurrence, as well as $1,500,000 per occurrence for property damage. In addition, each party shall maintain a general aggregate of at least $3,000,000. 2.Each party agrees to name the other party as an additional insured on its Commercial General Liability and to provide an endorsement of such status. In addition, each party agrees to notify the other party 30 days prior to cancellation or a change in any of the aforementioned insurance policies. All insurance must be provided at the respective party's expense and at no additional cost to the other party. B. The EDA agrees to maintain, or cause Brooklyn Park to maintain, Workers' Compensation Insurance for BrookLynk employees as required by Minnesota Statutes, Section 176.181, subd. 2. Program participants shall be insured by internship employer business entities. Section 2.04 Indemnification. To the extent allowed by law, the Parties shall defend, indemnify and hold each other and their guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors harmless from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the other's (including its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the acting party, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled. The Parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 3 495329v6 JSB BR275-187 Section 2.05 Joint Committee Established. A 11-member joint advisory committee will be established upon execution of this Agreement (the "Committee") and will be composed as follows: (i) the City Managers of each City or a designee to serve on behalf of the City Manager, (ii) a director-level employee from each City, (iii) the BrookLynk Program Manager, (iv) the Alliance Executive Director, (v) a BrookLynk Employer, (vi) two BrookLynk youth alumni, (vii) the Youth Services Manager from Brooklyn Park, and (vii) an at large community representative (the "Members"). Each City Manager will assign the director-level employees to serve on the committee. The BrookLynk Program Manager shall solicit applicants for the BrookLynk alumni positions, the BrookLynk Employer position, and the at large community representative and make nominations to the Committee from those applicants. The standing Members will then jointly select the BrookLynk alumni and BrookLynk Employer Members. The Committee may, as necessary from time to time, confer with others to determine the needs of the communities and BrookLynk. (a)Officers. At the first organizational meeting of the Committee, and the first meeting each year, the Committee shall elect from its Members a chair and a secretary. In addition, at the first meeting each year, the Committee shall identify the chair of the Committee who shall be a member representing each City in alternating years or his or her designee. The new officers shall take office for the calendar year in which they are elected. (b)Meetings. At the first organizational meeting, or as soon thereafter as may reasonably be done, the Committee shall determine its procedures, including the time, place, and frequency of its meetings. At a minimum, the Committee shall meet semi-annually. The chair shall ensure that notice by email, mail or personal delivery shall be given of the time and place of the meeting to all Members. The secretary shall take minutes of all meetings which shall be made available to the Parties upon request. Section 2.06 Duties of the Committee. The Committee will work to support the shared vision and implement strategies that best leverage resources to maintain and improve the BrookLynk program and make fiscal and programming recommendations to the Parties. (a) Annual Budget. The Committee shall review current and prior years' activities and funds to determine the appropriate budget for the ensuing year. The budget recommendations shall include all anticipated BrookLynk expenses between January 1 and December 31 with expenses and corresponding sources of funding broken out between Program Administration, Internship Wages/Overhead, and Internship Subsidies, as defined in Article Ill (the "Annual Budget"). The Committee's draft Annual Budget shall be submitted by June 15 of the preceding 4953290 JSB BR275-187 year to the Parties for consideration at the first Brooklyn Center meeting and EDA Board meeting in July. The proposed Annual Budget shall be revised at the direction of the Parties until it is approved by the Brooklyn Center City Council and EDA Board. The approved Annual Budget may be modified upon a recommendation by the Committee which is approved by the Brooklyn Center City Council and EDA Board. (b)Evaluation. The Committee shall determine a process to evaluate the progress and success of BrookLynk. The Committee shall use the process, and revise it as necessary, to conduct an annual written evaluation of BrookLynk (the "Annual Evaluation"). The Committee will produce the Annual Evaluation before the end of the BrookLynk program year and concurrent with the submission of the Annual Budget on June 15 of the next program year, the Committee shall submit the Annual Evaluation to the Parties along with their recommendations on the operations, programming, and direction of BrookLynk. (c)Staffing. The Committee shall review the need for permanent and temporary employees, as operations of BrookLynk may require, and recommend qualifications and duties. Any persons employed to support BrookLynk shall be employed by and located at one or more facilities Brooklyn Park deems appropriate to house program staff. The hiring process, interviews, compensation and selection shall be at the EDA's sole discretion. (d)Special Committees. The Committee may establish ad hoc subcommittees and appoint members as necessary. All ad hoc subcommittees will report to the Committee. (e)Strategic Planning for Philanthropy Funds. The Committee shall develop and submit to each Party a three-year plan for applying for Philanthropy Funds for the BrookLynk program (the "Funding Plan"). The Committee shall submit the plan to the Parties for review at least once every three years starting on June 15, 2017. In addition, the Committee shall review the plan annually with the Annual Budget and modify as necessary based on Philanthropic, state and county Funds expected to be available for the BrookLynk program in upcoming years. I.iI[ci Section 3.01 Funding. BrookLynk will be funded by a combination of the following sources: funds provided by the Parties, ("City Funds"), funds from employers for internship wages and overhead ("Employer Funds"), and funds from grants, including without limitation governmental grants, and other charitable sources ("Philanthropy Funds"). The funds are applied to, unless otherwise agreed by adoption of the annual 5 495329v6 JSB BR275-187 budget, ("Program Administration"), the cost of employer sponsored internships and overhead ("Internship Wages"), and internship wages not sponsored by employers ("Internship Subsidies"). The Parties use the funds to maximize the outcomes of BrookLynk. (a)City Funds. As an initial contribution each year, each Party shall contribute 50- percent (its "Share") of the total City Funds in the approved Annual Budget. The Parties shall deposit its Share with Fiscal Agent by January 31 of the start of the budget year. (b)Philanthropy Funds, The Parties agree to cooperate, as recommended by the Committee, to jointly or separately apply and qualify for any and all grants, matching funds, and payments of any kind from county, state, federal, and other governmental bodies and other Philanthropy Funds relating to, or for the provision of, any or all of the budgeted expenditures of BrookLynk at least to the extent of the ideal funding level in Table 2. The Committee shall determine a strategic plan for applying for Philanthropy Funds each year, including without limitation a determination of which Party shall apply for such Philanthropy Funds, and the Parties agree to coordinate applications for such Philanthropy Funds to ensure that neither Party applies for such Philanthropy Funds in competition with the BrookLynk program. The Parties may apply for other charitable funds for other purposes as available. In the event that a source of Philanthropy Funds identified in the Annual Budget is not available or awarded to BrookLynk, the Parties will each contribute an amount equal to 50-percent of the shortfall in the Annual Budget. The Parties will each deposit such amount with Brooklyn Park within 30 days of notice after grant application submitting Party receives notification from the funder that the Philanthropy Funds will not be available. In the event that Philanthropy Funds are obtained to offset the shortfall in such year, such Philanthropy Funds shall be credited equally to each Party regardless of which Party applied for and was awarded such Philanthropy Funds. In the event that Philanthropy Funds are obtained after additional contributions by the Parties, BrookLynk shall either return to the Parties their Share of any remaining City Funds which exceed the Annual Budget by January 31 or carry the fund over to the next calendar year on the direction of the Parties of the next calendar year. (c) Employer Funds. Employer Funds are only available for the payment of internship wages and overhead. Unless otherwise agreed by the Parties, a shortage of Employer Funds will result in a reduction of internships offered for the year by the amount necessary to avoid a budget deficit. 6 495329v6 JSB BR275-187 Section 3.02 Annual Budget Ap p roval. At its first meeting in the month of August, the governing bodies of the Parties shall review the Annual Budget proposed by the Committee. The budget will include costs associated with running the program including, but not limited to, management, program coordinator, program specialist, benefits, supplies, travel and mileage, meeting expenses, contractual services for trainers, transportation, photography, and marketing, advertising, computer, equipment and desks, legal and evaluation services. Approval of the Annual Budget requires the approval of both Parties. If the proposed Annual Budget is not approved by the governing body of a Party, such Party shall recommend changes to the Annual Budget to be considered by the Committee and the Committee shall submit a modified Annual Budget for consideration by both Parties until the Annual Budget is approved. If the preliminary budget of either Party indicates that City Funds for BrookLynk will not be included, such Party shall notify the other Party within 10 days after approval of such preliminary budget for such party. If either Party fails to approve the Annual Budget for the ensuing year by December 31, such Party shall be deemed to have withdrawn from this Agreement under Section 4.01. Section 3.03 Interest. The EDA will hold BrookLynk funds with other Brooklyn Park and EDA funds. Interest is not expected on BrookLynk funds and, therefore, any deminimis amounts will be deemed funds of the EDA. ,[•]'uii[II. Section 4.01 Withdrawal. A Party may, by adoption of a resolution of withdrawal at any time or by failure to approve the Annual Budget by December 31 of any year, give written notice of withdrawal from this Agreement effective the next calendar year. Thereupon, this Agreement shall be dissolved at the beginning of the next calendar year. Section 4.02 Assets Upon Dissolution. (a)Upon dissolution of this Agreement, the non-withdrawing Party may, by resolution, elect to continue operations of BrookLynk and thereupon shall acquire the all remaining assets of BrookLynk. (b)Upon dissolution of this Agreement, if neither Party independently continues operations of BrookLynk, after payment of all outstanding obligations, all assets of BrookLynk shall be distributed equally to the Parties, subject to any limitations set forth in the terms of any philanthropy Funds. (c) Upon dissolution of the Agreement, if EDA independently continues operations 7 495329v6 JSB BR275-187 of BrookLynk, program staff shall continue employment. (d) Upon dissolution of the Agreement, if either Brooklyn Center independently continues operations of BrookLynk or if none of the Parties continue to operate the program, program staff employment with the EDA shall cease. Article V. PROGRAM EXPANSION Section 5.01 Expansion. After identified during development of the Annual Budget and Funding Plan to be prudent for the success of the program without negative impacts to participants from the Cities, the Parties may, by adoption of resolutions from each Party expand BrookLynk at any time to provide services to additional communities in the region. Section 5.02 Fee for Service. The Parties may, by adoption of resolutions from each Party choose to offer BrookLynk as a fee for service to additional communities in the region if desired. Section 5.03 Additional Parities. The Parties may, by adoption of resolutions from each Party acknowledging a revised cooperation agreement adding additional operating partners. i1IJUiiIi]k Section 6.01 Duration. This Agreement shall become effective upon approval and execution by the Parties. It shall terminate upon withdrawal pursuant to Section 4.01. Upon termination, assets shall be distributed in accordance with Article IV. Article VII, MISCELLANEOUS Section 7.01 Applicable Laws. This Agreement shall be interpreted using the laws of the State of Minnesota. The Parties agree to cooperate with each other in order to comply with all applicable local, state and federal laws, rules, regulations and ordinances in the performance of the duties of and arising from this Agreement, including but not limited to the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13). Section 7.02 Severability. If any provision or term of this Agreement for any reason is declared invalid, illegal or unenforceable such decision shall not affect the validity of any remaining terms or conditions in this Agreement. 8 495329v6 JSB BR275-187 Section 7.03 Execution. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of such Party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. 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Co .0 0 11 -d Cd bl) 0•- C') rA -d bObO 2 ° )d0 - 0 0 -ci C')dZ bU 0C') o I 0 0 bb (ID ct cd 0) - E ) E • C_^:D_l:DP00 ° - Q -dl •—1 -d d 0 •d 0NCE oE -ECdEo°c00 0 +p •-0b10 cb0 00 • -00,c0l) cd cjcn U) — ' cd o cd 0q— C) 00 -d 0o rj •N-4 COD © 4• Q bb 4t bD Co 0bb o C/) -_ C/) • •— ((')d(IDQ 0 EntE 0 0OO E°°Clig c5 00 I I I I I I I I I 00 - c OD •,- bO E C) iD E 0 _ -bfl • 0c cn 2C) - '-d(fQ C)(/)CE 00IF cli 1 ciC) • (ID VD° 0 .,.I bJ• • _ 0 00 C-) 0 P4>d 00 'd o biD 0 VvoE C) C) C) 0 bb 1^0 co 'd o 0o-dor:0 C')0 Cd (IDo po Do 0 •1 o - o bOdCl)-ciE EE-- 00 0 -=C) C) (/D (/D C)C'0 0N - oo C) —N o oN 0-0OOC) C) Hc C -d('D(')0 Z0ZPI C)r. ob a) C) C)cn C) o P- cb (ID •• C) >c-I.. 00 (ID -4 o 00 C) •___Io E _0 I I I I I op I If) P, 0 00 0 N c'1 00 00 -35 One Scimed Place Maple Grove, MN 55311-1566 763-494-1700 Tel www.bostonscientific.com To: The City of Brooklyn Park and the City of Brooklyn Center From: Marilee Grant, Boston Scientific Date: June 20, 2017 Dear Mayor and Council Members, We strongly encourage the City to choose to integrate the BrookLynk youth workforce development program into your operations. This program is a Vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. Boston Scientific saw the promise of Brooklynk since its inception, providing a charitable contribution of $25,000 to support the creation and development of the program. We currently support BrookLynk by hiring youth and providing them opportunities to develop their workforceskills in paid summer internships. Boston Scientific has hired 23 Brooklynk youth to work at our Maple Grove and Arden Hills facilities since the program began three years ago. These students have worked in roles supporting R&D, Process Development Engineering, Microbiology, IT, Manufacturing, Industrial Engineering, Legal, and Materials Distribution. Because we believe this program is important, we have also worked with Brooklynk to help inform other corporations of the opportunity to participate. We strongly encourage the city to support the integration of this work because it changes the lives of young people by allowing them to see what is possible for their future, giving them the opportunity to experience a professional work environment, develop their skills, make meaningful connections with caring adults, and provide support for working families. We have also seen the benefit of having youth workers on our campuses. Boston Scientific is dedicated to inspiring a diverse future generation of innovators who will advance possibilities in their communities and in the world. We know that investing in Brooklynk youth today will make this a reality tomorrow, and is vital to ensuring we have a strong, talented, diverse workforce in the future. Boston Scientific employees have also grown and learned a lot by working with Brooklynk Youth. They appreciate the opportunity and look forward to welcoming Youth onto our campus each summer. Respectfully, Marilee t Director, Global Community Engagement Boston Scientific To: The City of Brooklyn Park and the City of Brooklyn Center From: Bibiana Rodriguez, Cummins Power Systems Date: May 15, 2017 Dear Mayor and Council Members, We encourage that the City chooses to integrate the BrookLynk youth workforce development program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. We support BrookLynk in the following ways: 1.Employer who hires youth and develops their workforce skills in paid summer internships 2.Employer who engages in volunteer efforts to support enrichment opportunities 3. Funding partner At Cummins we strongly believe that if a young individual is exposed to safe and exciting work environment they will find reasons to stay in school and/or to pursue post-secondary career options. It is a great opportunity for Cummins to be able to participate in quality programs like BrookLynk which allow our employees to use their skills, talent and experience to give back and directly impact on the lives of youth. We strongly encourage the city to support the integration of this work for the following reasons: 1.Changes the lives of young people and supports working families 2.This program maximizes partnerships to reduce program costs, 3.Delivers a high quality effective program that gets results, and 4.Allows Cummins volunteers to use their skills and talents to serve as mentors to youth Respectfully, Bibiana Rodriguez (\, Cummins Power Systems Corporate Partner to the Alliance Mimi FROM THE DESK OF To: The City of Brooklyn Park and the City of Brooklyn Center From: Alida Abdullah, Date: June 27th, 2017 Dear Mayor and Council. Members, It is my sincere hope that the City chooses to integrate the BrookLynk youth workforce development program into your operations. This program is a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local, businesses that strengthens our cities' economy. I support BrookLynk in the following ways: 1.Program facilitator that provides youth training; 2.Resident who is concerned about our local economy and wants to make sure we have a talented workforce that is connected to the business community; and Community and youth nonprofit organization leader who has witnessed the impact the BrookLynk program can have on young people developing their professional pathways I strongly encourage the city to support the integration of this work for the following reasons: 1.Changes the lives of young people and supports working families 2.This program maximizes partnerships to reduce program costs, 3.Delivers a high quality effective program that gets results, and 4.Establishes a strong workforce foundation for the future of the Brooklyns Respectfully, I A., aAbdullResident of Brooklyn Park (CLIC Commissioner) and Youth Employment Training Facilitator for Brooklynk 9036 VICTORIA GARDENS, BROOKLYN PARK, MN 55443 AFDABPULLAH@GMALLcQM 404-290-2864 is afri an c nr, '.'d cator • 5701 Shingle Creek Parkway Suite 540 Brooklyn Center, MT 55430 To: The City of Brooklyn Park and the City of Brooklyn Center From: Nelirna Sitati Iviunene, Executive Director, ACER, Inc. Date: June 28th, 2017 Dear Mayor and Council Members, I am writing to strongly encourage the City Council to choose to integrate the BrookLyrik youth workforce development program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. I support BrookLynk as a community organization that has referred several community members to the program, and also advocated for it to be formed. I am also a parent whose children have participated in the program, and believes that the program has prepared my children for future opportunities in a powerful way. For example, my daughter is a rising Sophomore. This Summer she got a call from a previous employer she had interned for 2 summers ago offering her a job, and also got another offer through a previous supervisor who she had networked with at her last internship. She was a standout worker, because of the excellent training she had received from the program and also the continued support they offered her. She is blossoming into a great young professional. Also, as a resident, I am concerned about growing our local economy and local workforce, so that we can ensure that we have a talented workforce that is connected to the business economy I support BrookLynks work, because they are training the next generation in our cities to be well prepared for the future. We strongly encourage the city to support the integration of this work for the following reasons: 1.Changes the lives of young people and supports working families 2.This program maximizes partnerships to reduce program costs, 3. Delivers a high quality effective program that gets results, and Za til iMunene Resident - Brooklyn Park, MN Executive Director, African Career Education & Resource, Inc. Parent to former and current BrookLynk Participant To: The Cit y of Brooklyn Park and the City of Brooklyn Center From: Francis Best, Intern of the Brooklyn Center Community Center Date: June 20th, 2017 Dear Mayors and Council Members, I, Francis Best, strongly encourage that the City chooses to integrate the BrookLynk youth workforce development program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. I support BrookLynk in the following ways 1.Program participant who has successfully completed a BrookLynk coordinated internship with a local employer 2.Program participant who has first-hand experience with the impact the BrookLynk program can have on young people developing their professional pathways I support this program because it has helped me gain specific skill sets to prepare me for my future career. Even though I am just now entering college, I feel I can enter my future career of Music Therapy and Music Education because through the internships Brooklynk has provided me I can confidently say this program does far more than give youth a job for the summer. It allows us youth to enter a great work environment and work with others to get a feel of what the "real world" is like. It is because of this program that I was able to intern with Hennepin County HSPHD and the Brooklyn Center Parks and Recreation Dept. These internships have allowed me to gain skills to work with others of all ages and differences and contribute to the local environment and society. To be a therapist or teacher you need to be aware of different types of people and their age as that is a factor. My internships through Brooklynk has done that. We strongly encourage the city to support the integration of this work for the following reasons: c It delivers a high quality effective program that gets results. Without this program I would not be aware or active in the local community or engaged in youth activities. Respectfully, Francis Best Resident of Brooklyn Center Intern of the Brooklyn Center Community Center Active participant and Alumni of Brooklynk irm11uLsI1i1Tii June 26 1h 2017 Dear Mayors and Council Members of the cities of Brooklyn Park & Brooklyn Center, am writing to acknowledge my support of the city choosing to integrate the Brooklynk youth workforce development program into your operations. Since Brooklyn Avenues early beginnings in 2015, we have been immensely blessed by our partnership with Brooklynk. During our first summerwhile we were still acclimating to our community, Luis Sallado-Herrera reached out to our organizationand presented summer-long internships for our students in which 50% of our youth served that summer were employed through a Brooklynl< internship. Not only did they have a job, but they were mentored by the likes of great leaders like Antonio Smith of Brooklyn Park, who continued to mentor our youth well beyond the summer. Our youth also received professional development training weekly through Brooklynk. I remember duringthat summer a few of our youth came home and said they got to host an event for the king and queen of Cameroon! I was ecstatic when I heard what an exceptional opportunity arose from their internship. They also had the opportunity to design and conduct a culturally competent fashion show towards West African clothing. They had all these experiences and received so much more. In the summers of 2016 & 2017, our youth have continued to step into Brooklynk internships and continue to gain valuable employment experiences while developing a larger business network. Our program and the youth we serve have been greatly impacted by the work of Brooklynk, and we believe the next steps of integration into the operations of the cities would continue to expand the work of Brooklynk while benefiting and transforming generations to come. The greater they are equipped to do their work, the stronger our communities will become. Best Regards, Chandler Jaya ^ . (era Brooklyn Avenues Case Manager 1708 Oak Park Ave N Minneapolis, MN 55411 Phone 612.522.1690 Fax 612.522,1633 www.avenuesforyouth.org 11 To: The City of Brooklyn Park and the City of Brooklyn Center From: Shannon Full, President/CEO—TwinWest Chamber of Commerce Date: July 8, 2017 Dear Mayor and Council Members, lam writing today in support of the BrookLynk youth workforce development program. lam new to this region but have spent the last 17 years working in 4 other chambers where Talent/Workforce was one of our major initiatives. Now more than ever, we need to connect our young people with businesses to benefit them with career-based learning opportunities In addition, this program can be an essential future pipeline for our local companies The ability for a company to attract, retain and develop talent is now the #1 issue facing most of our companies By focusing on solution-based programs like this one we are able to help companies grow and prosper and strengthen our overall economy. We are in the initial stages of forming a very strong relationship with BrookLynk and through our relationships, experience and resources, I am confident that we will create a very dynamic partnership. We are in the process of seeing how BrookLynk aligns with the chamber's new strategic framework which will be heavily focused on Talent/Workforce partnerships. We will be exploring how we can leverage resources to invest in this program and use this program as a pilot, throughout our 10 community region. In addition, we will be exploring how we can strengthen the connections between students, educator and business resulting in more opportunities, more connections and overall increase participation. I look forward to working with the staff at both cities and through partnership, advancing this program to benefit even more children, businesses and communities. Please continue to support this initiative and our future. Respectfully, Shannon Full President/CEO TwinWest Chamber of Commerce LA I Ilk NOW 7411 Eighty-Fifth Avenue Noith I Brooklyn Park, MN 55445 North Hennepin Phone: 763-424-0702 I Fax: 763-424-0929 1 Email: info@nhcc.edu I Web: www.nhcc.edu Community College To: The City of Brooklyn Park and the City of Brooklyn Center From: Michael Duefles, Ph.D. Dean of Liberal Arts and Global Education North Hennepin Community College Date: June 6, 2017 Dear Mayor and Council Members, I strongly encourage the City to integrate the BrookLynk Youth Workforce Development Program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. I support BrookLynk in the following ways: I. Employer who hires youth and develops their workforce skills in paid summer internships 2.Program partner that provides in-kind support by using our campus for multi-day training efforts 3.Program partner that provides in-kind staff time to assist with training youth, training supervisors or in recruiting employers to participate, and 4. As an employer site for a similar program at the University of Minnesota. I strongly encourage the city to support the integration of this work based on my personal experience witnessing the results. As an employee site for students in a similar program at the University of Minnesota in Minneapolis several years ago, I worked on a daily bases with several students before they applied to college, through their college application process, then as their professor and/or mentor, and, finally, witnessing them graduate with their 4 year college degrees. I witnessed first hand the positive impact as these young students learned to be successful students and the skills to successfully navigate one of the largest universities in the USA. I also learned from working with these students the important role this program meant for them and their families financially, in successfully transitioning to adulthood, and earning a college degree as first generation college students. Finally, the students who I knew in this similar program at the UMN, reached back to their communities, friends, and families to have a positive impact and to share the lessons they learned. Respectfully, Michael Duefies, Ph.D. Dean of Liberal Arts and Global Education North Hennepin Community College Mernbrrof the Mineesote State Collagen and Univornitios Sonlom. Equal Oppottunity Educator and Entplo5nr. For disability acuunnrnodatioos onlI 763-4930555 Mmn000ta Relay uteri onu raIl .006-627-3529 7 mm^ TmeffimmeOPL#n Federal Credit Union SINCE 935 9353 Jefferson Highway Maple Grove, MN 55369 763-391-9494 800-626-1448 Ask©TOpLi necu corn www, Top Linecu corn rn.TopLineCU.Corn To: The City of Brooklyn Park and the City of Brooklyn Center From: TopLine Federal Credit Union and TopLine Credit Union Foundation Date: June 20, 2017 Dear Mayor and Council Members, We encourage the City chooses to integrate the BrookLynk youth workforce development program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. We support BrookLynk in the following ways: 1.Employer who hires youth and develops their workforce skills in paid summer internships 2.Employer who engages in volunteer efforts to support enrichment opportunities 3. Program partner that provides in-kind staff time to assist with youth financial literacy training The BrookLynk employment and mentor program is a great way for TopLine and other business partners to connect with our local community neighbors to increase the importance of teaching youth work readiness and social-emotional learning skills, networking, and for TopLine specifically, it provides us a platform to assist young adults with understanding the basics of personal finance. It's a highly valuable, collaborative program for our community and allows youth participants to access quality afterschool and summer learning that leads to graduation, college and career and reduces their experience of violence They gain independence, and feel ownership in continuing to build their own lives through education, employment experience, career skills and becoming financially capable. This type of community partnership is truly unique, as it brings together students, educators, parents and the local business community to collaborate and provide a safe and educational environment for youth to learn new skills and discover career interests, ultimately showcasing our communities' cooperative spirit of working together to help each other succeed. We strongly encourage the city to support the integration of this work for the following reasons: 1.Changes the lives of young people and supports working families 2.This program maximizes partnerships to reduce program costs, TommpmmLlFe Federal Credit Union SINCE 1935 3.Delivers a high quality effective program that gets results, and 4.It offers youth the opportunities to learn essential job skills, gain valuable work experience and develop a professional social network to learn more about post- secondary options, career fields and to prepare for their futures. 5. Offers local businesses an avenue to support the youth in our communities. Respectfully, ( Vicki Roscoe Erickson Vice President, Marketing & Communications, TopLine Federal Credit Union President, TopLine Credit Union Foundation Employer Supervisor for Brooklynk 9353 Jefferson Highway Maple Grove, MN 55369 Phone: 763.391.0872 Email: verickson@topIinec.t.cOflTi Website: www.TopLinecucorn () 'I HennepinIiiTechnical OFFICE OF THE PRESUENT May 31, 2017 City of Brooklyn Center Mayor Tim Willson City Council Members 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 City of Brooklyn Park Mayor Jeffrey Lunde City Council Members 5200 85th Avenue North Brooklyn Park, MN 55443 Dear Mayor Willson, Mayor Lunde and City Council Members, Hennepin Technical College strongly encourage that the Cities of Brooklyn Center and Brooklyn Park choose to integrate the BrookLynk youth workforce development program into its operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our cities economy. Work experiences are a critical component of preparing youth for transition to adulthood, and Hennepin Technical College strongly encourages both Brooklyn Center and Brooklyn Park to support the integration of this work. Benefits for youth who participate in a workforce development program such a BrookLynk include: gaining career readiness skills including the "soft skills" that employers look for in entry level workers; increasing one's knowledge of specific occupational skills and workplace settings; o establishing a work history and connections with employers that can aid in future job searches; and o developing an understanding of different occupations in order to make informed career choices. In addition, research shows that work-based learning may increase school attendance, decrease dropout rates, reduce school suspensions, and increase school engagement. Students who participate in work-based learning opportunities are also more likely to attend post-secondary training or college. i*i7mii. im4r Hennepin Technical College supports BrookLynk by providing in-kind support by using our campuses for multi-day training efforts; by providing in-kind staff time to assist with training youth and supervisors; and by providing wrap-around support, outreach and target marketing of youth to ensure they apply, attend, and complete the program. Please feel free to contact me at 763-488-2401 or rnerrill.irving@hennepintch.edu if you require further information. Sincerely, Merrill L. Irving Jr., Ed.D. President Hennepin Technical College L"ve, Hennepin Technical College'" This letter is in support of the Brooklyn Bridge Alliance for Youth's BrookLynk program and the continued support by my community of Brooklyn Park, Minnesota. Opportunity in this great nation appears to be so plentiful.. .yet can feel very elusive to many. BrookLynk effectively demonstrates to our young people with inclusive programing focused on mindset leadership and life skills that adapts to where a student is within their personal development continuum of what is possible. Students that participate, feel engaged, have a sense of belonging and can achieve great success at a young age. It is these experiences that fuel their futures. It is these experiences that will foster young adults to be more likely to persist and complete college and by extension, obtain successful careers, earn a livable wage, and move toward a more equitable society. It is these experiences that are provided by BrookLynk. As a longtime resident of the "Brooklyns" I am in an unique position to experience the young people of our community as a parent, K-12 educator, and now a career professional at Hennepin Technical College, I have watched - first hand - the excellence that is BrookLynk. I cannot think of a better return on investment of my tax dollars than investing in the great young people of the Brooklyns. Respectfully, Sue Schmitz BROOKLYN CENTERcommunrly rtrtifin comnvtnttioslImIt10TIflg Barrters Brooklyn Center School District ISD 285 To: The City of Brooklyn Center and the City of Brooklyn Park From: Brooklyn Center Community Schools Date: June 16, 2017 Dear Mayor and Council Members, I am writing to request the City to integrate the BrookLynk youth workforce development program into your operations. This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our cities economies. Brooklyn Center Community Schools supports BrookLynk as an employer who hires youth and develops their workforce skills in paid summer internships. We also are a program partner that provides in-kind support by using our campus for training efforts. I have seen first hand how Brooklynk has changed the lives of young people. On the job training has developed positive work skills and boosted confidence in our interns. The results have been an increase in our students participating in the Brooklynk youth workforce program and an increase in the number of interns we have employed each year. Thank you for your consideration. Respectfully, Mark Bonine Superintendent, Brooklyn Center Community Schools Brooklyn Center Schools District - ISD 286 6500 Humboldt Ave. N, Brooklyn Center, MN 55430 Phone: (763)560-2120 Fax: (763)450-3477 www.brookcntr.k12.mnUs To: The City of Brooklyn Park and the City of Brooklyn Center From: Joe Kane Date: June 27th, 2017 Dear Mayor and Council Members, strongly encourage that the City of Brooklyn Center chooses to integrate the BrookLynk youth workforce development program into your operations This program as a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our Cities economy. I support BrookLynk in the following ways: 1.Program partner that provides in-kind staff time to assist with training youth, training supervisors or in recruiting employers to participate 2.Program partner that provide wrap-around support, outreach and target marketing for youth to ensure they apply, attend and complete the program I am passionate about Brooklynk because I've worked with students since the program's origin and I've seen the impact it has with students. Students who participate in the program are more connected to the community, have a growth mindset towards post-secondary education, and have grown in maturity. We tried to do similar programming at our school through our program and were unable to keep up with demand from students and produce any sort of teaching, job placement, and continual professional growth like that is provided through Brooklynk. It is the real deal. I strongly encourage the city to support the integration of this work for the following reasons: 1.Changes the lives of young people and supports working families 2.This program maximizes partnerships to reduce program costs, 3. Delivers a high quality effective program that gets results, and 4, Creates incredible leaders within our schools and community Res Joe(ane Get Ready Program at Brooklyn Center Secondary Proud Supporter of Brooklynk and Brooklyn Bridge Alliance for Youth 'lB 2ci / r i ( ¶ b j ISD : , 279 Dr. Kate Maguire May 31, 2017 Dear Mayor Lunde and Mayor Willson, The purpose of this communication is to urge your support, and the support of council members, for the integration of the BrookLynk youth workforce development program into city operations. As an employer of BrookLynk interns, I can attest to the importance of this program as a community asset and as a strategy for the development of our future workforce. I am grateful for the partnership of the City of Brooklyn Center and the City of Brooklyn Park in the development of this innovative program through the Brooklyn Bridge Alliance. Osseo Area Schools is doubling our investment in the BrookLynk program this summer by hiring more interns. The program is closely aligned with our organizational strategic priority to recruit and retain a workforce that better reflects the demographics of the students we serve. The State of Minnesota is facing a teaching shortage; the shortage is particularly acute for high demand licensure areas (special education, career/technical) and for teachers of color. A new partnership with Metropolitan State University (also a partner with North Hennepin Community College) would allow a high school graduate, for example, to gain employment as an education support professional in our district while earning a teaching certificate. A participant can then complete the student teaching requirement while receiving full pay and benefits. Finally, a participant will be able to transfer up to two years of service into the teaching bargaining until when they are hired as a teacher. In addition, with a workforce of more than 3,000 staff, Osseo Area Schools will continue to need support staff including custodians, maintenance staff, and education support professionals. The BrookLynk program provides students and other local youth with firsthand experience with the school district and possibilities for employment. Thank you for your support of the BrookLynk program. Please let me know if I can be of assistance as the City of Brooklyn Center and the City of Brooklyn Park consider this important decision. Sincerely, "-^t 4^^ Kate Maguire, Ed.D. Superintendent C: Curt Boganey, Brooklyn Center City Administrator Jay Strobel, Brooklyn Park City Administrator Rebecca Gilgen, Executive Director Brooklyn Bridge Alliance Janet Thomas-Bouyer, Director Human Resources, Osseo Area Schools Brian Siverson-Hall, Executive Director Community Engagement, Osseo Area Schools 'h: (73) 3I 1 (7 1 1 2 93 1 0 Lvw cu 12/1 u )0 p ) FOP DEV ROPM EN rip HAL TH jrj .00M L011 F' To: The City of Brooklyn Park and the City of Brooklyn Center From: Glen Gunderson, YMCA of the Greater Twin Cities Date: June 8, 2017 Dear Mayor and Council Members, We strongly encourage that your City choose to integrate the BrookLynk youth workforce development program into your operations. This program is a vital community asset that helps young people enter into the workforce and provides a pipeline of talent to local businesses that strengthens our local economy. We support BrookLynk in the following ways: 1.Employer who hires youth and develops their workforce skills in paid summer internships 2.Employer who engages in volunteer efforts to support enrichment opportunities 3, Program partner that provides in-kind staff time to assist with training youth and supervisors 4.Program partner that provides wrap-around support, outreach and target marketing for youth to ensure they apply, attend and complete the program 5.Planning committee partner for the Youth Job Fair that connected over 160 young people to over 20 different employers from the community We strongly encourage the city to support the integration of this work for the following reasons: 1.Brooklynk changes the lives of young people by providing them with meaningful work opportunities in their communities 2.Brooklynk increases equity in the community by training and equipping diverse talent for employers 3.Brooklynk delivers a high quality effective program that gets results 4.Brooklynk provides a high level of support to youth and employers to ensure that both will be successful while participating in the program Respectfully, Glen Gunderson Chief Executive Officer YMCA OF THE GREATER TWIN CITIES EMMA B. HOWE NORTHEAST YMCA 2-01 .1 8F 5trH NE. MtnnepoliS. M 554F8 PL' 12 789 [3803 F 01 7890!34 Presented by: BROOKLYNK UPDATE Brooklyn Center City Council Work Session Monday August 14, 2017 History & Background – Rebecca Gilgen Impact – Luis Salado-Herrera Employer Perspective – Marilee Grant Transition Steps – Curt Boganey Page 2 History & Background Page 3 Alliance Mission “To coordinate a system of high-quality, accessible and fully resourced opportunities that lead to an increase in high school graduation and pathways to college or career and Youth Safety and Well-being ” Page 4 Bridging Gaps -Projected Workforce Page 5 2020 74,000 worker gap 2030 183,000 worker gap 2040 30,000 worker gap BrookLynk Model Page 6 Private Public Economic Resilience in Brooklyn Center Impact Page 7 BrookLynk Mission Page 8 Coordinate partnerships that prepare employers to engage the next generation of workers and to connect young people in the Brooklyns facing barriers to employment with the skills, experiences and professional social networks needed to develop their pathway to college and career. A response to our community needs. Youth & Employer Outreach Get Ready Youth Training & Employer Training Regional Youth Job Fair Summer Internships Alumni Network 2017 BrookLynk Youth Workforce Development Program 500/30 200/30 200 120 All Alumni How We Match Youth Experience Interests Skills Experience Page 10 Business Needs Opportunity Needs Expectations Youth Outcomes Page 11 100% Would recommend to a friend 94% BrookLynk Interns completed 100% 86% 20 1 5 $1000 77% Interns rated work- ready by supervisor 76% $1400 Median Summer Salary 20 1 6 Business Outcomes Page 12 92% Supervisors would participate again 85% Supervisors believed their interns were a good match 100% 90% 2015: 90% Supervisors satisfied with support from BrookLynk 85% 2016: Marilee Grant Boston Scientific Page 13 Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally Our Mission Boston Scientific is dedicated to transforming lives through innovative medical solutions that improve the health of patients around the world. 27K EMPLOYEES Around the world Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally BSC’s Commitment to Minnesota Jobs Largest BSC employee presence globally Representing >65% of BSC’s total revenue Continued growth and innovation Over 6,500 employees Arden Hills, Maple Grove and Minnetonka STEM Careers Skilled production workers Technicians Engineers Scientists Most positions require STEM knowledge Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally U.S. Lack of STEM Aspiration & Ability Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally STEM Mission & Strategy Mission BSC is dedicated to inspiring a global and diverse future generation of innovators through STEM education. Strategy Collaborate with local schools, non-profits, and communities to help improve STEM aspiration, ability and access. Diverse STEM Talent Pipeline Employee Engagement BSC Brand Providing challenging & fun op- portunities & exposure to STEM education, experiences, and careers Outcome: More students are exposed to STEM and remain on a STEM pathway, thereby increasing a diverse and talented future workforce Inspire the pursuit of STEM education & careers Outcome: Interest & pursuit University and career ready in math and science Outcome: meet or exceed math and science standards, and university / career ready in math and science Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally STEM Talent Pipeline EARLY CHILDHOOD 5-10 YEARS OLD 11-14 YEARS OLD 15-18 YEARS OLD UNIVERSITY - COLLEGE EARLY-MID CAREER Support early learning Work, advance and innovate Excite, challenge & prepare Make connections & build foundations Inspire interest Classroom time Interest Science proficiency Teacher supply Out-of-school activities Math proficiency Interest/ ability Certificates/ degrees Occupational needs Employment BSC Community Engagement STEM Initiatives Business & HR BSC Global STEM Initiative Mentoring Scholarships Summer Jobs & Internships Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally Brooklynk Partnership BSC 25K Sponsor to initiate Brooklynk 23 Brooklynk Students employed over the last 3 years. R&D Process Development Microbiology IT Industrial Engineering Manufacturing Legal Materials Distribution Community Help inform other companies about the program Student Benefits: See the possibilities for STEM careers, professional work environment experience, develop skills, meaningful connections and building networks, providing support for working families BSC Benefits: Investing in STEM talent Pipeline, employee growth and development, and great work being done Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally Shiheina Munye “….being a part of Brooklynk and interning at BSC for the past three summers has been amazing. It really has helped me decide what path I would like to take for my future career, and has given me opportunities to meet with people that can help me get where I would like to be. I probably would still be confused on what I would like to go to school for if it weren’t for my internships at BSC…” Brooklynk Youth Summer Jobs: 2015 Community Engagement Assistant 2016 Microbiology Intern 2017 R&D Analytical Lab Technician Assistant Boston Scientific Scholar 2017 4 Year Scholarship – UW, Madison Mentor Future Internships Professional Development Networks - Employee Resource Groups Laptop Boston Scientific Confidential -- For Internal Use Only. Do Not Copy, Display or Distribute Externally BSC’s Commitment Brooklyn Youth Transition Plan Page 22 Page 23 Transition BrookLynk to Program Host Brooklyn Park Community Development Cooperation Agreement Between the Brooklyns Equal Partnership Budget for $50,000 in 2018 Alliance continues as fund raiser program evaluator Transition and Next Steps Benchmarks 1.Confirm, and formally seek ongoing support of Mayors, City Council and city staff to operate and fund this program, (e.g. Council action) 2.Develop a financial transition plan that ensures sustainability 3.Establish a management approach between the City of Brooklyn Center and Brooklyn Park that reflects partnership and leverages resources 4.Prepare a program transition that ensures that youth outcomes stay on target, (e.g. Ensure program fidelity and scale) 5.Identify the scale and scope of the ongoing relationship between the Alliance and BrookLynk that will include, and 6.Develop a communications and marketing approach that recognizes this transition (e.g. branded materials for city halls to share with residents). Page 24 W©irk Sfirn Agenda I[tm N©0 2 ILiDIYA[I] 1I flhJ U]JJi[iJ I U] 1 C"I1 DE'Ei (SAI DATE: August 10, 2017 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Affordable Housing Presentation 1k.NsJpunDJ,IsITttrnT It is recommended that the City Council receive the presentation/report and consider providing direction to staff. Background: In May of 2017 the City Council received copies of emails (attached) forwarded by Councilmember Butler from African Career and Education Resource Inc. (ACER) requesting an opportunity to come before the City Council to discuss concerns about the need for affordable housing in Brooklyn Center. In addition Mayor Wilson was in contact with a representative of Community Action Partnership of Hennepin County (CAPHC) regarding the same topic. On July 10th 2017 by consensus the City Council directed staff to invite representatives from ACER and CAPHC to a future work session to present information and have a dialogue on the issue of affordable housing. It is my understanding that these groups have collaborated in the past and will jointly present on the issue of Affordable Housing before the City Council. . As stated in the email from Executive Director, Munene the overall goal of the group is to enact or strengthen current policies that will preserve naturally occurring affordable housing, secure the rights and improve the living conditions of tenants living in affordable rental properties. Enclosed with this report is a copy of Housing Strategies and Tools for the City Of Brooklyn Center (Exhibit A) provided by ACER and 3 Pillars of Affordable Housing Advocacy (exhibit B) provided by CAPHC. These documents represent some of the issues that will be presented to the City Council Policy Issues: Does the Council believe that the information presented indicate a need for additional policy actions to the address the concerns raised regarding affordable housing and the protection of tenant rights? Does the Council require additional information regarding these issues before concluding if further policy actions are necessary? How does the Council want staff to proceed regarding the issues raised about affordable housing and tenant rights? !JISSI(1/) iS1IJ'iil/ an (1I/J(1Ct1)L' (!('(I!t, S(fC, inclusn'e L(flfllfluiiltj' Ylun enluincec rhL' qua/il;' Off/fl? /01 all people (11 .1(1 pieVaiies the /)1?t)f ic IrILVI Excerpt- July 10th 2017 City Council Study Session Councilmember Butler referenced the document from African Career Education & Resource (ACER) and stated this group would like to present findings related to affordable housing and how the City can ensure that housing remains for those who need it. She asked that this topic be scheduled for a future Work Session agenda. Mayor Willson stated this is the second time the City Council has received this information, noting in the second report they correctly updated Brooklyn Park to Brooklyn Center. He stated he is not opposed to scheduling this topic for a future Work Session. Mr. Boganey asked how much time they will require. Councilmember Butler suggested 20 minutes plus time for questions. Mr. Boganey stated he will contact them to arrive at a date within the next 30 days. The City Council consensus was to direct staff to schedule this topic for a future Work Session. From: nelima(acerinc.orq [nelimaacerinc.org ] Sent: Wednesday, May 31, 2017 6:54 PM To: Marquita Butler ;ubject: RE: Urgent. Response Requested. Marq u ita, Thank you so much for your support and also for taking your time to meet with Denise. The overall goal is to work with local municipalities to: Enact or strengthen current policies that will preserve naturally occurring affordable housing. This is important because we are at risk of losing it at a very fast rate, and we would not be able to replace it. It is much cheaper to preserve the current stock than to build new affordable housing. Secure the rights of tenants who are living in below market rate housing to ensure that they are living in housing that is maintained in good livable condition. Improve the living conditions of tenants, and secure their rights to continue living in their communities, even when the properties change hands. The document outlines the tools and strategies we are proposing, provides some insight to what we think could be some challenges in working to enact the policies, and also gives you information on what other cities across the metro area we are working with to pass and implement these tools. As Denise mentioned, we would like an opportunity to present this to the Brooklyn Center Council at a working session. A working session would allow us to discuss with Council what our york in the community has been, how we came up with this proposal, and also enable us an council to have a deeper Jiscussion and answer any questions that arise. Please let me know if you have any questions on the document, and also let me know if you are able to get us into a Council working session in June or July. Thanks. FJ Nelima Sitati Munene Executive Director frican Career and Education Resource, Inc. (ACER) 612.986.4927 Curt Bog a ney rom: Tim Willson Sent: Tuesday, July 11,20172:11 PM To: Curt Boganey Cc: Chart@caphennepin.org Subject: FW: Meet about housing Attachments: irnageool.png; HJC Affordable Housing.pdf Cur: This the person to invite from Hennepin County that I'd spoken about at our Council meeting. Hopefully we can work out a study/work session for a presentation to the Council on affordable housing rights. -tw Mayor Tim Willson Brooklyn Center "A great place to start, A great place to stay" Start by doing what's necessary, Then do what's possible, You'll discover you are doing, What you previously thought was Impossible. mayorwillson@ci.brooklyn 1 center.mn.us www.cityofbrooklyncerg/ phone: 763-503-5729 voice: 763-569-3450 "Please consider your environmental responsibility before printing this e-mail" From: Christine Hart [chart@caphennepin.org ] Sent: Friday, June 30, 2017 9:46 AM To: Tim Willson Subject: Meet about housing Hi Mayor Willson, It was nice talking with you last night at the forum. Attached are the list of tools that many Hennepin County cities have been considering. I am happy to meet as we discussed to talk more in depth about each one and what benefits these tools would bring to renters. Do you have any availability on July 10 or the afternoon of July 11? 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En C 4-4 ( 3 Pill ar of Affordable Housing Advocacy Compiled from an 8/17/16 Housing Justice Center memo from Tim Thompson I http:/Ihjcmn.org 1651-642-0102 Ti Limiting exclusionary rental practices. Prohibiting discrimination against Section 8 voucher holders and other recipients of government programs. Although landlord participation in the Section 8 Housing Choice Voucher program is generally considered voluntary, a number of local and state laws have prohibited excluding applicants simply because they use a rent subsidy (often referred to as source of income discrimination). Minneapolis has passed such an ordinance. The ultimate impact of such laws is not clear, though they do seem to dramatically reduce the number of landlords advertising "No Section 8." To be maximally effective, these laws need to include the Minneapolis provision that the prohibited discrimination is based on status with regard to public assistance or any requirement of a public assistance program. Unfair or exclusionary admission standards. Though this may be partly a function of the tight market and the ability landlords have to choose among many tenants, there does seem to be a trend toward tightening admission standards. In some cases these standards go too far. HUD recently issued a guidance setting out situations where overly broad criminal background checks may violate the Fair Housing Act. Standards around minimum income requirements and minimum credit scores could be regulated through local ordinance or state legislation if a consensus can be developed on reasonable versions of these standards. Several of the larger nonprofit housing providers are currently jointly reviewing admission standards. Just Cause Eviction. This would establish a standard incorporated into leases requiring landlords to only evict for good cause, similar to the standard in most subsidized housing leases. Minnesota law also establishes a good cause standard for evictions from manufactured home parks, and two states and 16 cities have enacted similar laws to prevent arbitrary evictions. A recent legal analysis concluded that a local government just cause requirement would not conflict with or be preempted by Minnesota law. Minneapolis and St. Louis Park are researching/considering this policy. Supporting the development of new affordable housing. Inclusionary Housing. This is a strategy often recommended for areas experiencing growth in their residential real estate market---cities that are anticipating new development proposals can leverage market activity with an effective Inclusionary Housing policy. Inclusionary Housing (or Mixed Income Housing) is a local government policy that either requires or incentivizes owners building what otherwise would be market rate apartments to include a portion of affordable units. In exchange for receiving some form of city assistance, zoning adjustment, density bonus, or other financial incentives, the developer agrees to include affordable units. The policy can also apply to construction of ownership units (townhomes, condos and single family detached). Typically cities are asking for-profit, market rate developments to include 20% affordability, for lower income families and individuals. Several cities in the metropolitan area have utilized inclusionary practices and policies to generate affordable housing opportunities, including St. Louis Park, Minnetonka, and Chaska. Golden Valley is considering passing an Inclusionary Housing policy, while Minneapolis and St. Paul are interested in strengthening their policies. One for One Replacement. This Would impose on the owner an obligation to replace any afforda- I ble units removed or rendered no longer affordable. Minneapolis has a policy like this for the limited situation where an owner eliminates SRO housing with the help of city financial assistance. Brooklyn [Park has experimented with this practice. Wtwk §©sirn Agda llm N©0 3 MEMORANDUM EDA WORK LSESS]ION DATE: August 14, 2017 TO: Curt Boganey, City Manag FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion regarding a Letter of Intent with Ebert Construction for the Commercial Development of approximately 2 acres of the northern portion of Lot 1, Block 1, Northbrook Center 2' Addition. (four story 112,000 sf. commercial storage building - 57th & Logan) Recommendation: It is recommended that the City Council consider providing direction to staff regarding the potential development of approximately 2 acres within the northern portion of Loti, Block 1, Northbrook Center 2'd Addition for a four story, 112,000 sf. commercial storage building. Background: The 2018-2020 Strategic Plan includes Target Redevelopment Project Areas for 3 sites within the City's Central Commerce District (the Opportunity Site, the 57th and Logan Site, and the Jerry's Food Site) The desired outcome established for the 57th & Logan 8 acre site is a redevelopment that is inviting, attractive, and vibrant. The target for this redevelopment includes a 20,000 sf. retail use and 50 residential units by 2020. The redevelopment target was established based on previous development concepts that had been accepted by the EDA: 2006, a Letter of Intent with the Steiner Development Group for a mixed use commercial & residential development. Attached is a copy of the proposed concept which followed the Northbrook Development Guidelines prepared by Damon Farber Associates in conjunction with the Opportunity Site Study. 2014, a Letter of Intent with Told Development for 5 potential commercial sites with an architectural theme similar to the Shops of Wedgwood in Maple Grove to distinguish the commercial character of the project. Attached is a copy of the conceptual development plan. Both developers experienced market issues and the projects were withdrawn or canceled. Over the last 18 months, staff has had ongoing discussions on the potential use of the southeast corner of this site (approximately 3 acres) for a 30,000 sf. grocery store. Additionally, earlier this year, staff has had conversations with a developer on the potential of a market rate housing project on a portion of the property. While both parties have expressed an interest in portions of Mission: Ensuring on attractive, clean, soft, inclusive coinniiiiiitv that enhances the qiitiliti of life for till people and preserves the public trust k!'A I 3k'A 0) 1I I1SIhA I IJ!ALS) 1 Si *f1 [S)I the property, neither have sufficiently demonstrated that their development concepts are financially feasible. Proposal by Ebert Construction for a Commercial Storage Use at 57th & Logan: Attached is a proposal by Ebert Construction to acquire approximately 2 acres within the northern portion for the construction of a four story 112,000 sf. commercial storage building. The site plan illustrates the positioning of the building to the south of Outlot A, presently the location of the MPCA' s monitoring wells for the ongoing groundwater and vaper investigation of contamination caused by a former dry cleaning operation. Additionally, Ebert Construction has indicated they would coordinate on-site storm water management with the planned development of the southern portion of the 57th & Logan site. The proposed purchase price is $346,000 which is approximately $4.00 per sf. The developer has indicated that their proposal does not involve any financial assistance, noting that they have discussed this development with the original environmental engineer employed by the EDA (Scott Tracy) and the original clean up contractor (John Hink), and that any remaining environmental work to be done on this site will not affect their offer of $346,000. An architectural rendering of the proposed building illustrates the quality of their construction and building materials which will meet the architectural guidelines established by the EDA for the Shingle Creek Crossing Development. Attached for your reference is a copy of the tax and value information of a similar four story commercial storage building located in the northeast corner of Douglas Ave. and Hwy 55 in Golden Valley. This project was referenced in City's previous consideration of an approval for a 1.62 acre site adjacent to the Regal Theater and has been identified as a comparable development. The valuation of this building is $5.3 M. The projected closing date is identified as on or before December 29, 2017. Policy Issues: Does the EDA believe that the development plan submitted by Ebert Construction is compatible with the EDA' s Targeted Redevelopment Strategy for the 57 th& Logan Site? Does the EDA wish to proceed with a Letter of Intent and Purchase Agreement with Ebert Construction for the conveyance of a portion of the 57thi & Logan Avenue site? Strategic Priorities: Targeted Redevelopment Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust July 28, 2017 Gary Eitel City of Brooklyn Center 6301 Single Creek Parkway Brooklyn Center, MN 55430-2199 RE: 57th Ave N & Logan Gary Eitel: We are pleased to present this offer to purchase. Purchaser: Ebert Construction DBA (E&R Investments LLC) 23350 County Road 10 Corcoran, Pv[N 55357 Phone 763-498-7844 Seller: Economic Development Authority, City of Brooklyn Center. Property: 1950 57th Ave. N, Brooklyn Center, MN - north 1/2 / approx. 2 acres Purchase Price: $346,000 - Three Hundred Forty Six Thousand and no/100 Initial Earnest Money: $50,000.00 to be deposited with escrow agent, Commercial Partners Title upon the execution of a purchase agreement. The Earnest Money shall be credited against the Purchase Price at Closing. // '\ Conditions to Purchase: The Purchaser shall have a period One Hundred Eighty (180) days from the date of a Fully executed purchase agreement to satisfy or waive the following Conditions to Closing: (i)Purchaser obtaining a satisfactory environmental study & report. (ii)Purchaser obtaining satisfactory soil tests at purchasers expense. (no constructive damage) (iii)Purchaser receiving approvals to construct a multi story self storage building. (iv)Purchaser accepting all environmental reports and entitlements to construct the proposed building without extraneous environmental clean-up / approvals. (v)Purchaser reviewing and accepting title insurance commitment. (vi)Purchaser reviewing and accepting Seller's Information as defined below. Purchaser must satisfy or waive the above Conditions to Purchase within the time period of the date of the Purchase Agreement. If, despite Purchaser's best efforts, Purchaser is unable to satisfy or waive the above Conditions to Purchase. Purchaser shall have the right to extend the Condition Date by an additional Sixty (60) days. Defined as applications with environmental agencies, or the City for development. In no event shall the Purchase Agreement be terminated if Purchaser is still actively pursuing and waiting on City schedules for final review permits or approvals (planning commission, EDA, City Council) If Purchaser does not send Seller a written notice of Purchaser's waiver of the Conditions to Purchase, or right to extend, the purchase agreement shall be deemed terminated, Purchaser's Earnest Money shall be returned to Purchaser and the parties shall have no further rights or obligations to each other. Seller shall cooperate with and reasonably aid Purchaser in the satisfaction of the aforementioned contingencies. Seller Information: Within Thirty (30) days of execution of the purchase agreement, Seller shall provide Purchaser with the following: (i) All information Seller has related to the conditions of the site including environmental and soil conditions. Seller will provide Purchaser with copies of any reports previously obtained or information previously received, including without limitation any information or reports of any governmental agency concerning the property that are in the Seller's possession or control. (ii) A copy of any current survey, engineering drawings or plats. V bertcon.com (iii) Copies of all architectural drawings and plans previously prepared for the site. Closing Date: On or before December 29th, 2017. Title Inspection: Within fifteen (15) days of the execution of a purchase agreement, Seller will provide Purchaser a title insurance commitment. It will be the Purchaser's responsibility for any owner's policy of title insurance and associated premium. Purchaser will have thirty (30) days after receipt of the title insurance commitment to notify Seller of any objections to title and Seller shall have sixty (60) days to cure any defects. Seller Warranties: Seller warrants to Purchaser at the time of execution of the purchase agreement and upon Closing that the following are true and correct: 1)Seller is in good standing and has all the appropriate authority. 2)Property is in full compliance with all applicable codes, laws and orders. 3)Convey good and marketable title. 4)No action or litigation pending. 5)No leases, easements, options or right of first refusal exist. 6)Cooperation with Purchaser in obtaining any necessary approvals. 7)Seller will locate and cap all wells located upon property. 8)No environmental issues other than those that are disclosed. Real Estate Taxes: Real estate taxes payable in the year of closing shall be prorated between the Seller and Purchaser. All prior years paid in full by Seller. Assessments: Seller shall pay all levied, pending and/or deferred special assessments at Closing. Agreement: Prior to Closing, the Purchaser may assign the obligations of the purchase agreement to an affiliate of Purchaser with sufficient financial ability to Close on the Purchase. Brokerage: None SIGNATURE PAGE FOLLOWS www.ebertconst.com This letter is intended to be an expression of interest by the parties signing or accepting this letter to the transaction herein. Notwithstanding anything to the contrary, in no event shall this letter be deemed to be or constitute a binding contract agreement or other legally enforceable obligation between said persons or entities as to such matters. Upon signing of this tetter agreement, the parties agree to negotiate the terms of a binding purchase agreement. Sincerely, Greg Hayes VP Real Estate & Development Purchaser: Seller: Ebert Construction Economic Development Authority City of Brooklyn Center, MN By: By: Its: Vice President Its: Date: July 28, 2017 Date: V bertconstcon - kj \ N 0 .4 4 •1 LU 00 w N N 3AV NV901 CD t1 - I I HI I co50 H I ,1rO I :Lu Ln I /\\ / \\I / I & \ N b .E.2 lI !.II!I .- E Fj±.-E H ZD ronIshrl C ci) Ea.LU LULL 0z00 CD2 0co0z -J LU> C')2LUI— LU iIA: -J HzUJ0 O)LU z co - - - MYOQI - J 0 00 ;/l\ f \% /I HI - I SV3O / 000 il lowrn _ HII I I N \ ///I! I I I ciI I U-,- azl LLJ LuCO 0Lu LU OK00 11< L)0H 0 2LULUa::CD LUCD -J-J> .4J 4 F—z LU z0 >- HzLU II z * $P2H = --- =—:—- I_4L OflNAVNVO1 - --- —:- - ,. cZ:Ij\ \ b 0 V S - 7h • I - -\ '-- 2 '-PRELIMINARY PLA T // ,;! A (OR THBROOK CENTER 2ND 2Y") ( ?'ADDI7[IQN y< TJ 1V 4 / // \ J ! ___ \\ LPROPOSED DEDICATED DRAINAGE MID UTILITY EASEMENTS L IPROPOSED DRAINAGE UTILITY VACATION /// Outlot A ', ' j [ 1PROPOSED DEDICATION OF LOGAN AVE 37,O74+/ SF — 0.65/ Ac PROPOSED DEDICATION OF 57TH AVE / 565445 \ 0I fl]EXIsVNo ELECTRIC UTILITY EASEMENT / r1i,-1-AU/ '*) </' j/ I I — - 2/Y///fIt / /1 I • .- -- • i \ -Ii- /i 'i 1/ I ---------I',5 L bfr 4 05 —8S?5 I / I - —7/4 Add BLOCK 1 WN , 7'I / ,7 2(A '— // I 11 FO.6 1 LOT j — \\\ 31910/8F S89OI5E r / r7 / I 11j1\J L/\ P 57Th U i L 1 1-56'34"E 253.13tH '1 :I'L) I ITIELI I , T , I p+lppmm, h,— — — ----------- — I = -;1fl I II Ji1j ; 4 I1P1 H I - LLI kAtA E ll I IIi I lk 11'JI U:I 4i :I ! _] L - L tit •.. 2\ I I I III_ iII I ________ •q:-.,\ if :-cc ----1 44J 1.!; j! \ gq RX Hennepin County Property Map L tIZ, I '.. U Date: 8/8/2017r 1ó41 I A il -- 1= - er IbI Ii lii t I N*^J 1 inch 200 feet PARCEL ID: 3311821230013 OWNER NAME: Lock Up Golden Valley LIc PARCEL ADDRESS: 6250 Olson Memorial Hwy, Golden Valley MN 55422 PARCEL AREA: 1.53 acres, 66,561 sq ft A-T-B: Abstract SALE PRICE: $900,000 SALE DATA: 05/2014 SALE CODE: Vacant Land ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Industrial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $5,357,000 TAX TOTAL: $216,040.85 ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Industrial-preferred HOMESTEAD: Non-homestead MARKET VALUE: $5,357,000 Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable forany damage, injury or loss resul ti ng from this data COPYRIGHT ©HENNEPIN COUNTY 2017 EDA Work Session August 14, 2017 Background The 2018-2020 Strategic Plan includes Target Redevelopment Project Areas for 3 sites within the City’s Central Commerce District (the Opportunity Site, the 57th and Logan Site, and the Jerry’s Food Site) The desired outcome established for the 57th & Logan 8 acre site is a redevelopment that is inviting, attractive, and vibrant. The target for this redevelopment includes a 20,000 sf. retail use and 50 residential units by 2020. The redevelopment target was established based on previous development concepts that had been accepted by the EDA: 2006, a Letter of Intent with the Steiner Development Group for a mixed use commercial & residential development. 2014, a Letter of Intent with Told Development for 5 potential commercial sites with an architectural theme similar to the Shops of Wedgwood in Maple Grove to distinguish the commercial character of the project Proposal by Ebert Construction for a Commercial Storage Use at 57th & Logan: Ebert Construction proposes to acquire approximately 2 acres within the northern portion for the construction of a four story 112,000 sf. commercial storage building. The site plan illustrates the positioning of the building to the south of Outlot A, presently the location of the MPCA’s monitoring wells for the ongoing groundwater and vaper investigation of contamination caused by a former dry cleaning operation. The proposed purchase price is $346,000 which is approximately $4.00 per sf. and provides for the developer to assume any remaining environmental corrective actions . Policy Issues Does the EDA believe that the development plan submitted by Ebert Construction is compatible with the EDA’s Targeted Redevelopment Strategy for the 57th & Logan Site? Does the EDA wish to proceed with a Letter of Intent and Purchase Agreement with Ebert Construction for the conveyance of a portion of the 57th & Logan Avenue site?