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HomeMy WebLinkAbout2017 09-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 25, 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 September 25, 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. a. Approval of Minutes 1.August 21, 2017 - Joint Work Session with Financial Commission 2.September 11, 2017— Study Session 3.September 11, 2017 - Regular Session 4.September 18, 2017— Joint Work Session with Financial Commission b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2017-05, Evergreen Park Area Safe Routes To School Trail and Sidewalk Improvements d. Resolution Accepting Work Performed and Authorizing Final Payment, Project No. 2016-21, 2016/2017 Pond Maintenance CITY COUNCIL AGENDA September 25, 2017 e.Resolution Approving Final Plat for TOPGOLF f.Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies g.Resolution Amending the Adopted Resolution No. 2017-108, the 2018-2020 Brooklyn Center Strategic Plan h.Resolution Authorizing the Termination of a Contract and the Selection of a New Contractor to Complete the Work 7.Presentations/Proclamations/Recognitions/Donations —None 8.Public Hearings a.Continued Special Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs 1. Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b.Continued Special Assessment Hearing for Proposed Special Assessments for Delinquent Public Utility Service Accounts 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. C. Resolution Vacating All Easements within LOT 3, BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND 2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION —This item was published in the official newspaper on September 7, 2017; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA September 25, 2017 9.Planning Commission Items a. Planning Commission Application No. 2017-006, Submitted by the Economic Development Authority of Brooklyn Center. Request for Variance to City Code Section 3 5-400, Tables of Minimum District Requirements, which would allow the Applicant to reduce the minimum required 15 foot corner side yard setback to 10 feet for the construction of a new single-family house. The Planning Commission recommended approval of this application at its September 14, 2017, meeting. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-006 Submitted by the Economic Development Authority of Brooklyn Center for Approval of a Variance to City Code Section 35-400, Table of Minimum District Requirements, Located at 5301 James Avenue North Requested Council Action: —Motion to adopt resolution. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6307 Scott AveN 2.Resolution Approving a Type IV 6-Month Provisional Rental License for 5510 France AveN 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. Preliminary 2018 Levy and Budget 1.Resolution Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2018 Requested Council Action: —Motion to adopt resolution. 2.Resolution Adopting a Preliminary Budget for the 2018 Fiscal Year Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment Cy Cminidft Agen:dla Jithm No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 21, 2017 CITY HALL - COUNCIL CHAMBERS IL MI1SZSMU]DU1 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 6:31 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Fire Chief Jeremy Hulke, Police Chief Tim Gannon, Business and Development Director Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and excused. Others present were Financial Commissioners Jeffrey Dobbs and Dean Van Der Werf. Commissioners Rex Newman, Aima Burke, Tia Hedenland, Teneshia Kragness, Abate Terefe were absent. Councilmember Ryan moved and Commissioner Van Der Werf seconded to approve the agenda. Motion passed unanimously. F . Chief Hulke provided an overview of the Fire Department and the requested budget for 2018. Mayor Willson inquired about the Fire Department's hiring push. Chief Hulke stated that it has been one of the most successful hiring initiatives the Department has had to date. Councilmember Ryan inquired about the vehicle replacement and the funding schedule. Chief Hulke explained that by doing this, the City will have money set aside to plan for repair/replacement of Fire vehicles. Mr. Boganey illustrated how other Departments have in the past evaluated the need for a vehicle designed for the use of the Department and/or position. Commissioner Dobbs inquired if the Department is looking into any technology to advance response time. Chief Hulke explained that the response time lags are typically due to the need 08/21/17 4- DRAFT and speed of on-call firefighters. Mayor Willson followed up by asking if Chief Hulke or Chief Gannon have seen any issues with first responder times. Chief Hulke responded that when firefighters are not on shift, they don't respond to medical calls. Chief Gannon responded that the Police Department hasn't seen any negative impact. Commissioner Van Der Werf inquired where the day-time staff is located. Chief Hulke responded that the four staff members are stationed at the West Fire Station. Ij__I]RfS13I Chief Gannon provided a presentation on the Police Department, its mission statement, and the proposed budget request for 2018. Councilmember Graves inquired about police reports and whether or not the Council would have access to them. Chief Gannon stated that at certain times, with particular cases, the information would be provided to Council. Councilmember Graves clarified that the interest was more in comprehensive numbers and graphics. Chief Gannon stated that it is important to consider context along with numerical reports. Mayor Willson inquired about body-worn-cameras and recording devices attached to guns, which would automatically start recording. Chief Gannon replied that at this time the City of Brooklyn Center Police Department wants to perfect the use of body worn cameras and wants to minimize failure on body worn cameras before moving on to new technology. Councilmember Butler asked about holding MAC meetings outside of the Police Station. Chief Gannon responded that the Department is looking forward to doing that and shared several more ideas to further engage the community. Commissioner Dobbs asked what the Chiefs recommendation or preference is in order to assure that we're getting the best safety, protection, and police service at the Metro Transit facility. Chief Gannon responded that we have to have trained or dedicated eyes on the bus hub whenever it is in operation. Mayor Willson said we should look at giving Metro Transit a heads up that we are going to have officers stationed at the bus hub and bill them, Mayor Willson stated he is not opposed to hiring two or three more officers if we have to take that on to provide security or get the funding from Met Council or the State. C. COMMUNITY DEVELOPMENT (formerly Business & Developnient/Biiilding & Community Staizdards) Mr. Boganey presented the 2018 Community Development proposed budget to the Council. Mayor Willson asked if the City has contacted the owner of the Jerry's Food site regarding the City's potential to market the site. Mr. Eitel stated that conversations should start with the broker to bridge a partnership with the owner. 08/21/17 -2- DRAFT Mayor Willson inquired if there are any initiatives that the City can take to motivate a sale or development with the Jerry's Food site. A discussion was held regarding the location. Councilmember Graves expressed an interest in seeing more mom and pop shop developments as opposed to more "big-box" developments, especially in regards to the Strategic Priority of Resident Economic Stability. Mr. Boganey responded that an obstacle for smaller developments is that developing something new on vacant land typically is not affordable for smaller/local businesses. Mayor Willson addressed residents' concerns regarding a particular apartment building within the City. Councilmember Ryan congratulated the City Staffs method of handling code violations and rentals, and stated that residents seem to not be as negatively emotionally charged regarding these issues. Iti _Iu*tUi*flUffItatJ] WIJfiEiJ1 iai vku:Iø •t:*AI1v1 E]kY IkU1NI] DI I MEETING) — C i'd C. OCTOBER 2, 2017 — SPECIAL REVENUE/DEBT SERVICE/INTERNAL SERVICE FUNDS II RDIJJi II) .1 IL [I IWABI Fh DI M1 DJii1I Mr. Reinhardt gave a brief follow-up of the Envisio discussion that took place at the previous Joint Work Session meeting. Ai)1SIU Uh!iI M1 I Councilmember Graves moved and Councilmember Graves seconded to adjourn the Work Session at 8:53 p.m. Motion passed unanimously. 08/21/17 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 11, 2017 CITY HALL COUNCIL CHAMBERS The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. [IIi'&IiI]JJII1 VI DIY4 FL'I ISIU I1 I (I)I Mayor Willson asked staff to check the Dollar Store garbage dumpsters as they had been left open over the weekend. City Manager Curt Boganey stated staff will do so and determine whether they are in compliance. Mayor Willson stated with regard to Consent Agenda Item 6a, minutes for the August 21, 2017, Joint Work Session with Financial Commission, he noticed the minutes did not reference some of his statements regarding the bus stop and potential for a substation. He requested the Council pull that set of minutes from the agenda until the audio recording can be reviewed. Mayor Willson reported that the following morning, a police commander received a call from a news reporter and he was also called and did an interview about that issue. Mr. Boganey stated that set of minutes can be pulled for review and revision. He noted it is the City Council policy that a member can prepare a minute correction in writing for the City Council to review and vote upon. He suggested staff make the audio tape available to Mayor Willson for review and so he can write his amendment to the minutes. Mr. Boganey stated another option is for staff to review the audio tape, draft the amendment, and provide it for the Mayor's review. Mayor Willson summarized the comments he had made related to the bus substation and need for security of the site that were omitted from the meeting minutes. He referenced all of the action taken by the City to rebrand and improve its image, noting that most reporting on the bus 09/11/17 -1- DRAFT hub has been negative so it negatively reflects on the City as well. Mayor Willson stated the reporter had asked him directly about policing the bus hub. The City Council voiced no objection to staff review of the audio file and drafting an amendment to the meeting minutes for Mayor Wills on's review and consideration at a future City Council meeting. 041 ATKIV-1110ORWIN01111", •1C Deputy City Manager Reggie Edwards stated this is the third media training session for the City Council. He reviewed the previous two sessions and stated tonight will involve a practice session to hone interview skills. Mr. Edwards offered several suggestions for the City Council to consider to be still, methodical, make two to three salient points to convey, and then be finished. The City Council conducted media training. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS (continued) Mayor Willson left the Council Chambers at 6:14 p.m. Mayor Pro Tern Ryan asked if there were other questions on the City Council agenda items. City Manager Curt Boganey requested discussion of Consent Agenda Item 6e, Resolution Adopting Amendments to the Fund Balance Policy of Brooklyn Center City Code of Policies. He explained the amendments are an attempt to clarify policies, make them more consistent, and provide additional definitions. He referenced an amendment at the top of Page 2, 3, and recommended not inserting 'City Finance Director' in place of 'City Manager's designee' because along with City Council adopted policies, he prefers to use titles that are statutorily established (City Manager/City Clerk/City Treasurer/City Attorney) since they do not change. Mr. Boganey recommended the existing language remain without modification. Mayor Pro Tern Ryan stated his recollection that a number of ordinances often mention 'City Manager or City Manager's designee' so it may also qualify as a statutory title. Mr. Boganey stated 'City Manager' is a statutory title and the City Manager does have the authority to name a designee. Mayor Willson returned and Councilmember Butler left the Council Chambers at 6:19 p.m. Following review of the discussion by Councilmember Ryan, Mayor Willson stated his agreement with the suggestion of Mr. Boganey, finding the ordinance language well written by staff. Councilmember Butler returned and Councilmember Graves left the Council Chambers at 6:22 p.m. Mayor Willson requested discussion on Agenda Item 10a,1-6, Consideration of Type IV 6- Month Provisional Rental Licenses as he has questions on several of them. With regard to 09/11/17 -2- DRAFT Agenda Item lOal, 5325 70 th Circle, Mayor Willson noted the gap between February 28 and May 16 is a large block of time to complete compliance items, noting this started in December so that is almost one year. With regard to Agenda Item 100, 5600 Judy Lane, Mayor Willson stated he couldn't find the dates for the administrative citation. He noted the inspection fees but at the end of the page, the rental license expired which should have triggered an administrative citation. Mr. Boganey stated he is not sure whether this report notes when citations are issued. Mayor Willson stated it is most often included. Councilmember Graves returned at 6:26 p.m. With regard to Agenda Item 10a4, 904 53'd Avenue N., Mayor Willson pointed out the first renewal license for this property was lengthy in time, starting in November, but was followed up and completed. However, the second renewal went much quicker and was resolved in a more timely fashion. Mayor Willson stated he could not find an administrative citation in the second renewal and asked if they ran together and staff operated under the first citation. Mr. Boganey stated he noticed the overlap and there are administrative citations, such as on March 15. Mayor Willson noted by that time, the first license period had expired. Mr. Boganey stated they then would only qualify for a Type IV and the owner would have to resolve the second violation. Mr. Boganey stated staff will research these issues to provide a correct response and could report back at the next meeting with answers to those questions. He stated the Council can either take action on these licenses, or postpone action until receipt of the report. However, he would recommend action to approve as the properties meet the qualifications for a Type IV rental license. With regard to Agenda Item lOaS, 6718 Colfax Avenue N., Mayor Willson stated he could not find an administrative citation ($300) that pays for the paperwork. He explained his vested interest in this particular property as he used to own it and when he sold it, had been assured the new buyer would not rent it out. With regard to Agenda Item 10a6, 6765 Humboldt Avenue N., Mayor Willson noted the administration citation is shown but there was a gap between April 19 and August 4, which may be the period of time given to make repairs, noting there is a lengthy history as well. Mr. Boganey stated staff will follow up on each of these rental licenses and provide the City Council with a written response. The City Council agreed with the recommendation of Mr. Boganey to consider approval of the rental licenses with staff providing a follow-up report at a future meeting. Mr. Boganey reported on recent staff meetings to discuss Type IV licenses and how to modify and improve the process to benefit the landlord and City by mitigating repeat Type IV licenses. 09/11/17 -3- DRAFT Mayor Willson and the City Council indicated their support to review and tweak the process if it makes it easier for landlords and City staff. MISCELLANEOUS Mayor Willson stated he provided the City Council with a list of organizations that provide help for individuals in need (mental illness/drug addiction/vulnerable adults) who are being used by others to collect money on various corners in Brooklyn Center. He stated it appears this involves an organized attempt and he is concerned that vulnerable adults are being taken advantage of. Mayor Willson stated he has found volunteers in the health care field who are willing to meet and discuss how these people can be better served. Mayor Willson described a program used in Albuquerque, New Mexico, where they ask panhandlers if they want to day work, which has received mixed results. Mr. Boganey reported that about one month ago, he met with the Brooklyn Park City Manager, CEAP, and Luther Auto representatives about a program based in part on the Albuquerque, New Mexico model that had previously been presented to the City Council where individuals are given an opportunity to work for a day and have access to services. Mr. Boganey stated it was a productive meeting and the CEAP Executive Director indicated a positive interest in possibly running that type of program. Luther representatives also expressed significant interest in funding a pilot test and reaching out to other businesses to partner in that effort. Mr. Boganey stated at this point, it may not involve a lot of City resources but follow up is needed to engage in a conversation with other cities who have this program to research the pros and cons. Mr. Boganey stated if all parties are in agreement and the program is approved by the City Council, the target date is spring of next year to start a test pilot program that would run through the fall to determine if it is a successful model for Brooklyn Center. Mayor Willson stated his support with consideration in the spring of 2018. He requested a legal opinion, if this program is established, whether pictures of individuals who refuse an opportunity to work and wish instead to continue panhandling can be posted on a website saying this individual has refused the offer of working with the City program. City Attorney Troy Gilchrist stated his initial reaction is one of concern due to the shaming element but he does understand why it may alert others to the perceived realities of these people to not consider gainful employment. Mayor Willson stated he is concerned about vulnerable adults being taken advantage of through an organized panhandling group and prefers to help them find the services needed rather than being taken advantage of. He stated if there is a right to freedom of speech to panhandle in the medians, then he thinks those same rights apply to citizens who are taking pictures of those individuals in public. 09/11/17 DRAFT City Attorney Gilchrist stated he will look into that item and follow up on the request of the City Council to look further into the issue of panhandling. He explained that he will provide a memorandum addressing specific types of regulations to more specifically inform the City Council on what has been tried, what is and is not successful, and why most have been determined to not be valid. Mayor Willson stated in the past, he has referenced the Albuquerque, New Mexico, ordinance and found the on-line copy is a numbered ordinance that has been presented but has not been approved so he is unsure of its status. With aggressive panhandling, he noted it seems to be enforceable in cities that have implemented an ordinance. Councilmember Butler stated while in San Diego she noticed signage related to panhandling at their big grocery store. She read the sign language that encouraged panhandlers to leave and asked people to refuse to contribute to panhandlers or sign their petition. She noted this could be an option to suggest to the City's businesses. Mr. Boganey stated the City has offered that suggestion to the City's businesses because with such a sign posting, it may also assist with police enforcing. r iieiu iiu hi I Mayor Willson adjourned the Study Session at 6:45 p.m. 09/1 1/17 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 11, 2017 CITY HALL - COUNCIL CHAMBERS I.. CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, 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. Tammy Sathre, 6038 Lilac Drive, thanked the City Council for addressing the panhandling issue, stating it is refreshing that something is being done and the citizenry is being heard. Ms. Satbre asked whether they can receive the data collected by CEAP on who panhandlers are and where they are from. She thinks most homeless are not panhandlers and most panhandlers are not homeless. Ms. Sathre described her experiences with aggressive panhandlers in Brooklyn Center that resulted in her not feeling safe and deciding to drive to Maple Grove to shop. Mayor Willson asked if others were present to address Informal Open Forum. Hearing none, he invited Ms. Sathre to continue her comments. Ms. Sathre stated signs may be somewhat productive but from her own perspective, she has found signs are not effective. Rather, she suggested gathering data and surveying businesses so the landlords and tenants understand the negative impact and that their customers are being driven away because they no longer feel safe. She stated if information can be gathered on the panhandlers, then if they return, the police can trespass them. Ms. Sathre asked why the City does not enforce its loitering laws and suggested aggression happens when panhandlers think they 'own' certain corners. In addition, she is concerned about safety and that they may be hit by a car. She asked what level of risk the City is willing to tolerate and predicted that at some point, someone will die. She stated she would rather risk a 09/11/17 -1- DRAFT law suit in assuring someone's safety than to do nothing and be sued because someone died. Ms. Sather suggested the City hold a forum so the community can speak to panhandling as well as water. No one else wished to address the City Council. Councilmember Graves moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. Ii!tIIiItEhI As the invocation, Councilmember Graves requested a moment of silence and personal reflection on recent natural disasters, lives lost, those traumatized, how to best move forward, and 9/11. kI*'f31I DIaiMI[e The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carl Wirth, TimeSaver Off Site Secretarial, Inc. The Pledge of Allegiance was recited. ix•i IWIIJ7 Mayor Willson moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with removal of the Joint Work Session with Financial Commission minutes of August 21, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 21, 2017— Joint Work Session with Financial Commission 2.August 28, 2017 - Study/Work Session 3.August 28, 2017 - Regular Session 4.August 28, 2017— Work Session 09/11/17 -2- DRAFT 6b. LICENSES MECHANICAL Alliance Heating & Cooling, Inc. Blue Ox Heating & Air, LLC BNC Heating & Cooling LLC Kraemer Heating, Inc. Silver Tree Plumbing & Heating LLC Westair, Inc. Wilson HVAC Company RENTAL INITIAL (TYPE III- one-year license) 4204 Lakebreeze Avenue 5834 Fremont Avenue N RENEWAL (TYPE III- one-year license) 6737 Humboldt Avenue N 280163 d Avenue N 2806 65th Avenue N 6800 Bryant Avenue N 5814 Ewing Avenue N RENEWAL (TYPE II- two-year license) 1701 69th Avenue N 133567 1h Lane N 4416 69th Avenue N 6005 Admiral Place 6519 Beard Avenue N 5006 France Avenue N 5550 France Avenue N 5637 Irving Avenue N 4207 Lakeside Avenue #123 7007 Morgan Avenue N 5655 Northport Drive RENEWAL (TYPE I- three-year license) 2840 67th1 Lane N 535272 nd Circle 6777 Humboldt Avenue N 5338 Irving Avenue N 4207 Lakeside Avenue #223 iieii: r.'[eI al 2934 Colfax Ave. N., Minneapolis 5720 International Pkwy., New Hope 22600 County Road 30, Rogers 7441 Dallas Court N, Maple Grove 1335 Mendota Heights Rd, Mendota Heights 11184 River Road NE, Hanover 15284 117 th Street, Becker Todd BertelsonlCPP3 LLC Robert Goldsmith Humboldt Properties, LLC do Valley Mgmt. Group LLC Thomas Richard Bennett A-Jelil Abdella Peter Nguyen (Missing cpted follow-up) Peter & Michele Nyarecha Earle Brown Farm Apartments Co., LLP Dennis & Shannon Dane Eugene & Diane Wright Dan Soffa Jay Vaughan Michael Mohs / A&M Real Estate LLC Belinda Gonzales Lowu Xiang Donna Kabanuk Lin Shuang LLC Cindy & Raymond Scherbing Ryan Berner Denise Michaelides Andrey Ryvlin TMC Management Corporation Douglas Hollman 09/11/17 -3- DRAFT Leroy Signs, Inc. 6325 Welcome Avenue N, Brooklyn Park New Century Systems, Inc. 2015075 th Avenue N. Hamel Resolution Graphics, Inc. 3255 Spring St. NE, #100, Minneapolis 6e. RESOLUTION NO. 2017437 ADOPTING AMENDMENTS TO THE FUND BALANCE POLICY OF THE BROOKLYN CENTER CITY CODE OF POLICIES -as revised to not insert "city finance director" in place of "city manager's designee" top of page 2, #3 6L RESOLUTION NO. 2017-138 DECLARING A PUBLIC NUISANCE WlAfID ORDERING THE REMOVAL OF DISEASED TREES 6g.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY THE LOPPET FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 21,2017 6h.RESOLUTION NO. 2017439 ACCEPTING BID AND AWARDING A CONTRACT, COMMUNITY CENTER MECHANICAL SYSTEM IMPROVEMENTS PROJECT Motion passed unanimously. V. VtI]lIiehlVlII).IKYJ IiI]IItik1' - None 00010 A11011149 10 to, I WRIA PROPOSED SPECIAL ASSESSMENTS FOR DELINQUE iViWtI CITATIONSiI City Manager Curt Boganey introduced the item and stated staff will make a presentation. He recommended the City Council conduct the Public Hearing and consider approval of the draft resolution certifying special assessments for nuisance abatement costs and administrative fines/citations. It was noted that on August 14, 2017, the City Council called for a Public 09/11/17 -4- DRAFT Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017. Deputy Director of Building and Community Standards Jesse Anderson stated the City Council received updated information on payments made up to 4 o'clock today. He explained the ability of the City to recover the cost of unpaid assessments and the process that is followed. Mr. Anderson also reviewed the process for appellants to appeal the assessment and the action of the City Council to certify or remove an assessment from the roll for further consideration. Mayor Willson referenced the updated information that indicates $13,425 is to be certified to Hennepin County for collection through the tax rolls. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2017-140 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-140 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2.RESOLUTION NO. 2017-141 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey stated this resolution relates to certifying administrative fines and citation costs to the Hennepin County tax rolls. Mayor Willson asked what is the total to be assessed under this action. Mr. Boganey stated it is $27,340. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Diane Mahoney, 6542 Riverwood Lane, stated she has a utility charge to address. Mr. Boganey noted that will be considered under the next Public Hearing. 09/11/17 -5- DRAFT Jason Lindsey, 3321 50th Avenue North, stated he had a one-year probation to not park on the lawn but his girlfriend, who was in labor, parked on the lawn to load hospital bags and was cited by the City for a violation. He stated he is in the process of paving the driveway and does not think it was fair to be ticketed in this case. Mr. Boganey asked if he knew he had the opportunity to appeal the citation. Mr. Lindsey answered in the affirmative and reviewed his meetings with staff to appeal the first citation and receive a one-year probation. Councilmember Graves asked if the citation was given back because of the second violation. Mr. Boganey stated staff will research this case and it may be that the hearing officer found there was a violation but waived any penalty provided there would be one year without further violations. Mayor Willson stated this citation assessment will be pulled from the resolution for action tonight to allow time for staff to research and report back at the next meeting. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-141 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, removing 33215 o th Avenue North for staff review. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Finance Director Nate Reinhardt introduced the item and explained the ability of the City to recover certain types of costs. He described the notification process to customers should a utility bill not be paid and advising of certification for collection with property taxes. This year, the amount to be certified is $459,320 compared with $418,177 in 2016. Mr. Reinhardt reviewed the process for appellants to appeal the certification. It was noted that on August 11, 2017, the City Council called for a Public Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017. Mayor Willson requested that in future reports, staff provide a chart showing trends with unpaid utility bills. Councilmember Graves stated she likes that idea, noting the number of individual delinquent households has gone down. Mr. Boganey reviewed the amounts certified for collection since 2013, noting the actual number of delinquent accounts has declined though the amount has increased. 09/11/17 -6- DRAFT Mr. Willson asked what happens after the amount is certified for the property owner to make payment. Mr. Reinhardt stated after tonight's hearing, if certified, property owners can pay at the City until October 12. After that, one year of interest is due along with the assessment. After November 22, 2017, the amount is certified to Hennepin County for collection so 3.5% interest is added and the full amount is due payable the following year. Mayor Willson commented on the large number of accounts that were paid prior to tonight's meeting. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Dianne Mahoney, 6542 Riverwood Lane, read a prepared statement detailing her objection to the fourth quarter utility charge assessment in amount of $925.64. She stated when living at another location, she received a high water bill that she objected to and found out the laundry room faucet was frilly open and running water down the drain, but that bill was only about $700. She respectfully asked that the City Council consider an adjustment to her water bill, perhaps using the amount from the quarter before. She noted that others in her association have had a similar experience with receiving a very high quarterly utility bill. Mayor Willson stated the City Council has the option to pull this assessment for staff research and report at the next City Council meeting. Colleen Mahoney, daughter of Dianne Mahoney, noted her mother's home was not fully occupied during the time of the high water billing because her mother was in the hospital and she (Colleen) only stayed overnight and left in the morning. She stated they looked at all the appliances and City staff even came to the home but could not find a problem. Mr. Boganey asked Ms. Mahoney if she appealed the amount in 2016 and staff did further investigation. Ms. Mahoney stated she did not because she was in the nursing home until January and at the end of that quarter, she got the notice. Mr. Boganey stated because of the equipment, staff knows when there is over utilization and notifies the customer. Typically, when that notification is received, staff analyzes at the time whether an adjustment would be appropriate so it can be taken care of immediately. Mr. Reinhart stated once staff gets the meter readings, it identifies the type of leak and the customer is notified. If requested, staff gets 90 days of data, hour by hour, to show water usage. Colleen Mahoney stated that was done and another subsequent but there was no change. It was noted the house was constructed in 2002. Mr. Reinhart stated he has never heard of a meter reading too much as normally they stop or slow down. He stated they have tested water meters in the past if the customer feels it is not reading right and none have come back as being faulty. Mayor Willson stated one of the components is that Ms. Mahoney is saying the meter 'magically' stopped reading high. Mr. Boganey stated he mentioned the process for the benefit of the people watching the meeting so they know it is beneficial to contact staff as soon as they 09/11/17 -7- DRAFT notice something and adjustments are made if shown to be appropriate at the time so the customer doesn't need to wait until the amount is certified to taxes. Councilmember Graves asked if the neighbor's reading also changed. Colleen Mahoney stated it did, noting the amount of water being billed would fill two Olympic sized swimming pools. Councilmember Graves stated she had experienced living in an apartment where another unit was jointly using electricity, which she had to pay. She noted 6536 Riverwood Lane also has a significant water bill so she would be interested in finding out if there is something going on between the units. Ms. Mahoney doubted that was the case as each unit is a standalone without common walls. Denny Walker, 7030 Newton Avenue N, asked the City to not certify his utility bill to taxes as he just started working again and is now able to make payment. He explained he has a contract for deed and has not been getting the notices. Mr. Walker stated he knows he owes this money and wants to pay it, Mayor Willson stated Mr. Walker has the opportunity to pay the entire assessment, without interest, on or before October 12, 2017. Mr. Boganey reviewed the dates when payment can be made to the City and Hennepin County to prevent certification to taxes. Mr. Walker asked how he can resolve not getting the utility bills. Mr. Boganey recommended he contact the utility department to assure the correct mailing address is used. Mr. Reinhardt stated he will talk with Mr. Walker tonight to get that information. Mr. Boganey recommended this assessment remain on the roll since Mr. Walker has the information on how to pay it off prior to certification. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2017-142 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-142 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, removing 6542 Riverwood Lane for staff review. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS J^a. PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED Wv. MIKE SEERY, ON BEHALF OF SP BROOKLYN CENTER, LLC RE QUESTIN11 APPROVAL OF THE 4TH AMENDMENT TO THE 1998 PLANNED UNI DEVELOPMENT FOR THE REGAL ROAD DEVELOPMENT RELATING T-1 09/11/17 -8- DRAFT BUSINESS USES ALLOWED AT THE REGAL•RET AI LinBUILDING isi v ai AT 615 66TH4.VE1JUEkL1 O -#C-TV Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2017-008 for approval of the fourth amendment to the 1998 Planned Unit Development (PUD) relating to business uses allowed at the Regal retail building located at 615 66" Avenue North. He advised the Planning Commission recommended unanimous approval of this application at the August 31, 2017, meeting. Mr. Eitel stated the City Attorney has prepared the PUD amendment to assure it is correctly drafted. 1. RESOLUTION NO 2017-143 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY SP BROOKLYN CENTER, LLC FOR AMENDMENT NO. 4 TO THE REGAL ROAD DEVELOPMENT 2ND ADDITION PLANNED UNIT DEVELOPMENT Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-143 Regarding the Disposition of Planning Commission Application No. 2017-008 Submitted by SP Brooklyn Center, LLC for Amendment No. 4 to the Regal Road Development 2nd Addition Planned Unit Development. Motion passed unanimously. [1 EIiuJ[Ii I :$p]l[.j. VIDI4E1 CONSIDERATION I] I'i J 3 IV !Y4 [I)hl tIA'i Fbi (S) — RENTALI 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 10a6. Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a 09/11/17 -9- DRAFT Type IV six-month provisional rental license and mitigation plan for the following: 5325 70th Circle; 6014 Girard Avenue N; 5600 Judy Lane; and adopt Resolution No. 2017-144 Approving a Type IV 6-Month Provisional Rental License for 904 53rd Avenue N; Resolution No. 2017- 145 Approving a Type IV 6-Month Provisional Rental License for 6718 Colfax Avenue N; Resolution No. 2017-146 Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt Avenue N, 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. IL. iIJIW4SIM4l Councilmember Ryan reported on his attendance at the following events: August 29, 2017: NFL Super Bowl Legacy Grant ($50,000) to Youth Determined to Succeed Ceremony o September 7, 2017: Lions Club Meeting o September 10, 2017: Lions Club Annual Picnic at Centerbrook Golf Course Councilmember Graves reported on her attendance at the following events: • August 21, 2017: Joint Meeting with Financial Commission • August 22, 2017: Community Dialogue Meeting • August 24, 2017: Cities Unite through Minneapolis Health Department • August 24, 2017: League of Minnesota Cities Racial Equity Cohort • August 26, 2017: Tour of North Minneapolis Parks • August 27-September 1: Family Camping Councilmember Butler provided information on the following upcoming events: September 14, 2017: Lions Park Neighborhood Meeting • September 15, 2017: Council volunteering with CEAP Mayor Willson reported on his attendance at the following events: • August 31, 2017: Minnesota Excellence in Learning Academy Ribbon Cutting • September 5, 2017: Seniors Leadership Committee at CEAP • September 6, 2017: Highway 252 Department of Transportation Brooklyn Park Open House • September 7, 2017: Highway 252 Meeting at Constitution Hall IP._AJJLS1U 1h'1IiIkt Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:14 p.m. Motion passed unanimously. 09/11/17 -10- 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION SEPTEMBER 18, 2017 CITY HALL COUNCIL CHAMBERS I. 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, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present were Financial Commission Chair Rex Newman, Commissioners Anna Burke, Jeffrey Dobbs, Tia Hedenland, and Dean Van Der Werf. Financial Commissioners Teneshia Kragness and Abate Terefe were absent. it. £ Councilmember Ryan moved and Councilmember Butler seconded to approve the agenda. Motion passed unanimously. 1 L_...._f!11J1:LsJ City Manager Curt Boganey said that staff had prepared the budget under the guidelines set forth by the City Council. After Council review, modifications were made and the proposed budget is within the maximum parameters provided at the beginning of the process. Finance Director Nate Reinhardt provided a PowerPoint presentation outlining revenue adjustments in the Building Permit Revenues, Lodging Tax Revenue, Police Training-State Funds, Rental Licenses, Property Re-inspection Fees, and Police Liaison Reimbursement of $173,000. Commissioner Burke asked if the Lodging Tax Revenue can be counted on through confirmed reservations. Mr. Reinhardt explained it is based in part on recent revenue trends, plus the Marriott will be opening and that should generate additional room night reservations. Mayor Willson stated through the Visitor's Bureau, he knows the Super Bowl has resulted in a lot of additional bookings. Chair Newman agreed and noted that it is a seller's market as there was speculation the Twin Cities would not have enough hotel rooms for that event. Mr. Boganey agreed and stated all of the nearby hotels will be fully booked before, during, and possibly after 09/18/17 -1- DRAFT the Super Bowl. However, that is not the principal reason for the adjustment to that budget line item. The principal reason is because of increased hotel room reservations coming in. Councilmember Graves asked about the adjustment to Building Permit Revenues. Mr. Boganey stated staff is seeing an upward trend in the actual amount of construction and anticipated projects. In addition, staff reviewed historical data and a combination of those factors indicated it would be reasonable and conservative to make the proposed adjustment. Mr. Reinhardt presented expenditure adjustments made to the Contingency, Administrative Services Reimbursement, Vacancy Savings, Building Maintenance/Capital, Fire Department Ford Explorer (moved to Central Garage), Fire Department Workers Compensation, Fire Department Records Management Software Upgrade, and Convention/Tourism totaling ($249,919). He then reviewed the 2018 Property Tax Levy total of $17,105,950, or an increase of 5.63%. The 2018 HRA levy is $345,978, or an increase of 5.14%. It was noted that a 1% increase in the budget totals approximately $162,000. He then presented a budget overview of the 2018 General Fund revenues totaling $21,346,036 and displayed a pie chart depicting General Fund revenues by source, which is consistent with 2017 percentages. Mr. Reinhardt described the significant changes in General Fund revenues, both increases and reductions. Councilmember Graves asked about the $25,000 reduction in rental licenses, noting she receives comments there are too many rentals and single-family rentals. Mr. Boganey stated staff will do further analysis to better answer the question, noting it is historically due to the number of large apartments due for renewal. Mayor Willson stated it may also show there are fewer Type IV, meaning the rental program is working well. Commissioner Burke asked whether the $30,000 reduction in Special Assessments relates to nuisance abatements being addressed more quickly. City Manager Boganey stated that is likely to be a significant part of it as staff is seeing more voluntary compliance on nuisance violations due to proactive action by staff. Mr. Reinhardt presented General Fund expenses by function, noting the 2018 budget is a balanced budget. He displayed a pie chart depicting General Fund expenses by function. Mayor Willson asked about the Central Supplies reduction of $134,660. Mr. Reinhardt reviewed the number of items that have been moved to other funds. Mr. Reinhardt reviewed General Fund expenses by object, salary assumptions, personnel costs, number of full-time employees since 2010, and significant changes. Information was also provided relating to General Fund capital outlay of $83,500 and Transfers Out of $15,000. Mr. Reinhardt then presented the 2018 HRA Levy of $345,978, an increase of $16,899 over 2017. He noted the taxable market value of Brooklyn Center increased by 11.8% over 2017, a significant increase for the fourth consecutive year. Mr. Reinhardt then reviewed the tax capacity estimate by classification. He stated the County has indicated a median valued home in Brooklyn Center is $167,000, which is the highest value since 2009. Mayor Willson commented on the change in median value and tax rates. Mr. Reinhardt explained that based on the 5.63% levy increase there will be a 2.7% decrease in the City's tax rates from 70.498 in 2017 to 67.816 in 2018. At the request of Mayor Willson, Mr. Boganey 09/18/17 -2- DRAFT stated staff will check on the median value home in 2008. Councilmember Graves asked whether there was a way to prevent, through checks and balances, fraudulent foreclosures (subprime lending). Mayor Willson stated the City does not regulate those areas so it would have to make a good educated guess. Mr. Boganey stated staff will research to see if anything is on the horizon but he thinks probably not because increases seen now are lagging increases that occurred in other communities two to three years ago. He explained that the affordable housing in Brooklyn Center became more attractive as the cost of housing in other communities increased. But now the City is seeing the benefit of people looking for affordable homes, which pushes values up at a faster rate than higher-valued homes in other communities. Councilmember Ryan noted the housing and financial market collapse was the result of unique circumstances as the mortgage industry sold off mortgages and there was irresponsible lending but those practices were addressed by legislation. Mr. Boganey agreed, noting most would say that qualifying for a mortgage is much more difficult now than several years ago. Mr. Reinhardt reviewed projected property tax impacts based on classification of property. In 2018, single-family residential will increase by 10.40%, multi-family residential by 6.41%, commercial property by 3.08%, and industrial property by 2.90%. He stated the City Council will be asked to adopt the preliminary budget and levy at their September 25, 2017, meeting. Chair Newman asked if it has been the practice to approve the maximum HRA levy. Mr. Boganey stated that has been the practice over the last ten years out of necessity to generate enough to cover the EDA operating expenses, which are funded through the HRA. He explained there is some overlap and the EDA can do everything the HRA can do with more flexibility on commercial and industrial activities. Mr. Boganey stated if there are no further questions, staff recommends the City Council adopt the maximum levy of 5.14%, which is below the initial preliminary estimates and the general direction of 7% or less. He stated even though some enhancements were made based on the City Council's initiatives, the increase is relatively modest, noting the Cities of Champlin and Minneapolis have increases over 6%. Mayor Willson noted the Fire Department clothing allowance and safety equipment were less and stated he would not want to see them shorted on safety equipment or clothing allowances as an organization. Mr. Boganey confirmed those amounts are what the Fire Chief requested. Mayor Willson noted the year-to-date totals could double and remain under the maximum. Mr. Boganey offered kudos to all Department Heads as their requests, without exception, were based on looking at every line item, forecasting based on changes that may be occurring, and a thorough line-by-line analysis before making a request. Mayor Willson also complimented staff on the excellent work done on the budget, noting it is in line with past increases in the 5-6% range. Councilmember Ryan stated a minor concern relating to funding the Earle Brown Days Parade, 09/18/17 -3- DRAFT noting the Lions Club makes a significant contribution ($3,000-$4,000) but may not be able to continue doing that. He asked whether there is enough in the Contingency Fund to cover the cost of the parade. Mr. Boganey stated there is an ability to do something over and above what is budgeted but he thinks the Community Activities, Recreation, and Services (CARS) budget included expenses associated with the Earle Brown Days Parade so they may have already taken into account a potential reduction in funding from the Lions Club. It was Council consensus to recommend the City Council approve the 2018 Preliminary Budget and maximum levy of 5.14%, as presented. Request for Crime Statistics Report Mayor Willson mentioned LexisNexis, an on-line service showing crime data for the Metro area. He said he would like to talk with the Police Chief to learn how current those numbers are, noting the data shows first-tier suburbs are experiencing more crime. Councilmember Graves stated she attends the monthly Hawthorne neighborhood association meetings, during which crime statistics are presented. lit _AJMIiIIt1hUJIhfl Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 7:27 p.m. Motion passed unanimously. 09/18/17 -4- DRAFT City CoiiIrlld]. Ageda ]Ifrm N©0 6b sisicsi s n ii *u i tu iii iiu i DATE: September 19, 2017 TO: Curt Boganey, City ManaQ-'^^, FROM: Sharon Knutson, City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 25, 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. MECHANICAL Elite Refrigeration Heating & Air Conditioning LLC RENTAL See attached report. SIGN HANGER Spectrum Sign Systems, Inc. Taurus Sign 9324 November Dr., St. Joseph 9278 Isanti St. NE, Blame 17900 280 " St., Shafer Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1IJ[iJ I fl Ml UkA I k(I] 1I P1IJh'A I Rental iLicense Category Criteriai zlicy — AdoptedIJVz City Councili 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 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 No Category 1-2 0-1 Impact 34 units 040.25 5 o 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 atGreer than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 3601, 3613, 3701, 3713 47th Ave N Ryan Creek Manor 4 Bldgs 44 Units Initial Halverson & Blaiser Group, Ltd 106 2.4/Unit III N/A III 5631 Hillsview Rd Single Family Initial Kent LeFevre 0 I N/A II 7237 Willow La N Single Family Initial Abdi Mahamed 4 II N/A II 5412 Fremont Ave N Two Family (1)Renewal Gary Anakkala 1 I 0 I I 3706 55th Ave N Single Family Renewal Mains'l Properties 1 I 0 I I 5043 Brooklyn Blvd Single Family Renewal Invitation Homes 4 II 0 II IV 6315 Brooklyn Blvd Single Family Renewal Raymond He 8 III 0 III I 5321 Colfax Ave N Single Family Renewal Teodoro Llerena-Cooke 4 II 0 II II 6001 Emerson Ave N Single Family Renewal Keith Carrico 7 III 0 III III 2325 Ericon Dr Single Family Renewal Ross Herman 4 II 0 II III 5228 Ewing Ave N Single Family Renewal Invitation Homes 3 II 0 II III 5000 Howe La Single Family Renewal Kristen and Mark Blincoe 4 II 0 II II 7212 Humboldt Ave N Single Family Renewal Invitation Homes 2 II 0 II I 1513 Humboldt Pl N Single Family Renewal ShoeMiller Properties LLC 2 II 0 II II 1555 Humboldt Pl N Single Family Renewal ShoeMiller Properties LLC 0 I 0 I II 5836 James Ave N Single Family Renewal Mai Vang 0 I 0 I III 5325 Knox Ave N Single Family Renewal Donovan Gilbert 4 II 0 II I 6400 Unity Ave N Single Family Renewal Michelle Vue 4 II 0 II IV 5842 Washburn Ave N Single Family Renewal Daniel Pryde 2 II 0 II II 4706 Wingard La Single Family Renewal Mains'l Properties 1 I 0 I II * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on September 25, 2017 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 3601, 3613, 3701, 3713 47th Ave N Ryan Creek Manor 4 Bldgs 44 Units Initial Halverson & Blaiser Group, Ltd 106 2.4/Unit III N/A III 5631 Hillsview Rd Single Family Initial Kent LeFevre 0 II N/A II 7237 Willow La N Single Family Initial Abdi Mahamed 4 II N/A II 3706 55th Ave N Single Family Renewal Mains'l Properties 1 I 0 I I 5043 Brooklyn Blvd Single Family Renewal Invitation Homes 4 II 0 II IV 6315 Brooklyn Blvd Single Family Renewal Raymond He 8 III 0 III I 5321 Colfax Ave N Single Family Renewal Teodoro Llerena-Cooke 4 II 0 II II 6001 Emerson Ave N Single Family Renewal Keith Carrico 7 III 0 III III 2325 Ericon Dr Single Family Renewal Ross Herman 4 II 0 II III 5228 Ewing Ave N Single Family Renewal Invitation Homes 3 II 0 II III 5412 Fremont Ave N Single Family Renewal Gary Anakkala 1 I 0 I I 5000 Howe La Single Family Renewal Kristen and Mark Blincoe 4 II 0 II II 7212 Humboldt Ave N Single Family Renewal Invitation Homes 2 II 0 II I 1513 Humboldt Pl N Single Family Renewal ShoeMiller Properties LLC 2 II 0 II II 1555 Humboldt Pl N Single Family Renewal ShoeMiller Properties LLC 0 I 0 I II 5836 James Ave N Single Family Renewal Mai Vang 0 I 0 I III 5325 Knox Ave N Single Family Renewal Donovan Gilbert 4 II 0 II I 6400 Unity Ave N Single Family Renewal Michelle Vue 4 II 0 II IV 5842 Washburn Ave N Single Family Renewal Daniel Pryde 2 II 0 II II 4706 Wingard La Single Family Renewal Mains'l Properties 1 I 0 I II * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on September 25, 2017 Cfity Cominidll Agemtida Item N0 6 rErs1uJ[iJ I fl I I M'A L'A I Dk'A [I] UH DATE: September 19, 2017 TO: Curt Boganey, City Mana FROM: Mike Albers, Acting City Engineer MA- SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2017-05, Evergreen Park Area Safe Routes to School Trail and Sidewalk Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Concrete Idea Inc., for Improvement Project No. 2017-05, Evergreen Park Area Safe Routes to School Trail and Sidewalk Improvements. Background: Bids for the Evergreen Park Area Safe Routes to School Trail and Sidewalk Improvements, Project No. 2017-05, were received and opened on September 1, 2017. The bidding results are tabulated below: BIDDER TOTAL BASE BID Concrete Idea Inc. $243,420.30 Ryan Contracting Company $253,916.33 Of the two (2) bids received, the lowest bid of $243,420.30 was submitted by Concrete Idea Inc. of Plymouth, Minnesota. Concrete Idea Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $243,420.30 is within the 2017 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $404,000 and is amended to $345,985.30, an approximate 14.4 percent decrease (see attached Resolution - Costs and Revenues tables). Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2017-05, EVERGREEN PARK AREA SAFE ROUTES TO SCHOOL TRAIL AND SIDEWALK IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2017-05, bids were received, opened and tabulated by the City Clerk and Engineer on the 1st day of September, 2017. Said bids were as follows: Bidder Total Base Bid Concrete Idea Inc. $2439420.30 Ryan Contracting Company $253,916.33 WHEREAS, it appears that Concrete Idea Inc. of Plymouth, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with Concrete Idea Inc. of Plymouth, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2017- 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 are as follows: Amended COSTS Estimated per Low Bid Contract $ 334,000.00 $ 243,420.30 Contingency $ 33,000.00 $ 24,000.00 Subtotal Construction Cost $ 367,000.00 $ 267,420.30 Admin/Legal/Engr. $ 37,000.00 $ 78,565.00 Total Estimated Project Cost (SRTS) $ 404,000.00 $ 345,985.30 RP\TPNT TPS Street Reconstruction Fund Capital Projects Fund Federal Grant Miscellaneous Total Estimated Revenue Estimated $ 60,000.00 $ 68,608.00 $ 275,392.00 $ -0- $ 404,000.00 Amended per Low Bid $ 82,296.06 $ 68,608.00 $ 194,736.24 $ 345.00 $ 345,985.30 RESOLUTION NO. September 25, 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 Cciimndil Ageriida !tem N0 6d [i[I1SJ[SJ fl UI M1UL'A I k'A CII] t1I P]JIh'A I DATE:September 19, 2017 TO:Curt Boganey, City Managgi THROUGH: Mike Albers, Acting City Engineer i4 FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Project No, 2016-21, 2016/2017 Pond Maintenance Recommendation: It is recommended that the City Council approve the resolution accepting work performed and authorizing final payment, Project No. 2016-21, 2016/2017 Pond Maintenance. Background: On January 23, 2017, the City Council awarded Project 2016-21 to New Look Contracting, Inc. of Rogers, Minnesota for the maintenance of the 2016/2017 Pond Maintenance. New Look Contracting, Inc. has successfully completed the work and is requesting final payment for the project. Budget Issues: The original contract amount with New Look Contracting, Inc. for the improvements was $429,885. The total value of work certified for final payment is $308,273.50. The total project cost including contingencies/administration/engineering/legal is $357,168.11 and was completed 25.5 percent under budget in the amount of $122,716.89. The attached resolution provides a summary of the final amended costs and funding sources for the project. Strategic Priorities: e Key Infrastructure Investments 1Wiss/oiz: Ensuring , an allract/ve, clean, safe, inclusive conunlauty 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 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2016-21, 2016/2017 POND MAINTENANCE WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, New Look Contracting, Inc. of Rogers, Minnesota has completed the following improvements in accordance with said contract: Project No. 2016-21, 2016/2017 Pond Maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Final payment shall be made on Project No. 2016-21, 2016/2017 Pond Maintenance Project, taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $308,273.50. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Original Award As Final Contract $ 429,885.00 $ 308,273.50 Administration/engineering/legal $ 50,000.00 $ 48.894.61 Total Estimated Project Cost $479,885.00 $ 357,168.11 REVENUES Storm Drainage Utility Fund Total Estimated Revenue September 25, 2017 Date As Original Award As Final $479,885.00 $357,168.11 $479,885.00 $ 357,168.11 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 Cu lllniciJL Agenda Item N0 6e Ei1IJ[iI I N I I k'A VA I A (I] 1I )IJIJhYA I DATE: September 19, 2017 TO: Curt Boganey, City ManagMA- THROUGH: Mike Albers, Acting City Engineer MA - FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Approving Final Plat for TOPGOLF ADDITION Recommendation: It is recommended that the City Council consider the resolution approving final plat for TOPGOLF ADDITION. Background: The attached final plat for TOPGOLF ADDITION was developed and would combine two existing lots. The City Council approved the proposed preliminary plat based upon certain conditions per City Council Resolution No. 2017-100. On September 14, 2017, the Planning Commission reviewed the TOPGOLF ADDITION final plat and found it consistent with the previously approved preliminary plat as a part of Planning Commission Resolution No. 2017-04. The applicant is now seeking final plat approval from the City Council. The final plat is in general conformance to the approved preliminary plat. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney based on a review of an updated title commitment provided by the applicant (within the past 30 days), conditions as previously approved by the City Council and any conditions established by Hennepin County and the Minnesota Department of Transportation for recording of the plat documents. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR TOP GOLF ADDITION WHEREAS, the City Council approved the proposed preliminary plat for TOPGOLF ADDITION based on certain conditions as set forth in City Council Resolution No. 2017-100; and WHEREAS, the applicant has applied for approval of the final plat for TOPGOLF ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for TOPGOLF ADDITION is hereby approved, subject to the following conditions: 1.Conditions as previously required by the City Council pertaining to the development's Preliminary Plan approval in accordance with City Council Resolution No. 2017-100. 2.Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2017-04. 3.All recommendations and conditions as noted in the City Engineer's memorandum dated June 8, 2017. 4.Evidence of title satisfactory to the City Attorney and City Engineer. 5.Any other conditions as established by Hennepin County and the Minnesota Department of Transportation for recording of said Final Plat. 6.Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. September 25, 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. 20......, atday of day of _ 20.........., at State of County of This instrument was acknowledged before roe this day of ____________________, 20....... by - of TopGolf USA Brooklyn Center, LLC, a limited liability corporation, on behalf of the corporation. (Signature) (Printed Name) Notary Public County, My Commission Expires January 31,20_ REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plan of TOPGOLF ADDITION was filed in this office this o'clock M. Martin McCormick, Registrar of Titles By COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plan of TOPGOLF ADDITION was filed in this office this o'clock M. Martin McCormick, County Recorder ,('J1Cr.J, V'J'JIILoJ'1 KNOW ALL PERSONS BY THESE PRESENTS; That TopGolf USA Brooklyn Center, LLC, a limited liability corporation, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lot 3, Block 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND Lot 2, Block 1, REGAL ROAD DEVELOPMENT ADDITION AND That part of Camden Avenue North as dedication in the plat of REGAL ROAD DEVELOPMENT ADDITION, Hennepin County, Minnesota, lying east of the southerly extension of the west line of said plat. Has caused the same to be surveyed and platted as TOPGOLP ADDITION and does hereby dedicate to the public for public use forever the easements for drainage and for utility purposes as shown on this plot. In witness whereof said TupGulf USA Brooklyn Center, LLC, a limited liability corporation, has caused these presents to be signed by its proper officer this day of ___________________ 20.. TOPGOLP USA BROOKLYN CENTER, LLC (Signature) (Title) BROOKLYN CENTER, MINNESOTA This plan of TOPGOLP ADDITION was approved and accepted by the City Council of Brooklyn Center, Minnesota, at a regular meeting thereof held this ___. day of _________________. 20. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA By - Mayor By Manager RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that noses payable in 20 prior years have been paid for land described on this plat, dated this day of .20 Mark V. Chapin, Hennepin County Auditor By Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565 (1969) this plat has been approved this day of .20....... Chris F. Mavis, Hennepin County Surveyor By SURVEYORS CERTIFICATION I, Max L. Stanislowski, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plan; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wetlands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this _ day of _,20 By Deputy Max L. Staninlowuki, Licensed Land Surveyor Minnesota License No. 48988 State of Minnesota County of Hennepin This instrument was acknowledged before me this ___. day of __________________, 20 by Max L. Stanislowski, a Licensed Land Surveyor. (Signature (Printed Name) Notary Public -County, Minnesota My Commission Expires January 31, 20....... N N N .0 -sO-.N I\\ 20 1\'\ \(0 /55 N N37'19'12W --_.,S52'57'41 °W 6035 131- I Ip Camden '7 8=890953' 6=60.00 L'n94.25 06=84.85 068,-g=S4931'16'E N67'17'02°B' 2L 73 35'31'12515.00 --.S70'49'16 °W 31.01 Ge31,2'E "N 7.08 170052 N4 °31'12 °W 585 '28'48'W 30.00 \S114E000no(Soo 30-' lAp. 119, 690 2! (9JrçfJJ;7 Y'J'JIt(OR 2Z-; U - 3504532W Ch='332.53 1 47. 5 r 7 02N: 550 \\\ \\ [V ,')' \ \51l". 6 & U91Iy (sossooM_0.'.s -- s, '° '6 L---------- .,2 --i' 11!S4'3139'E 165.16 56 / '-Cop/l5480 20 I '-.'_,4' IL I llN3I'39'6 #7(0 101 I - A#E9 (0O0 148.96 -- S43Y3(E 20177 Lot (' !. 'I Lot 1 Block 1 \I 'sI-3- s_i I 5''/I H 05 - 2 6 05 \1 1/' \\ \-/ S4N'3017'H nT°'6.11 3 47 1'-_i H \ N43(0,p'6 \Cop /26724 ç ,5 /\ M5R'5R'1P'C \ H 69<N'N ---1j7U4796 H EWIoA dX '-N1/4 CAD6ISoo. JnO Rn9. 119, Rop. 21 (Food (105048W Coo5 Coot Eon t600000n) '2 .__ __.__.,-___ L. / N / / ( S4.3258'E Sj 'I 64'3112'W 943.05 SlyEotonoRn of Me W. LAn of REGAL j S4'31'12'C 35763.5 ROAD DYtFEDPIADITAUDIROII-'— LAn 6780481/4 o7Sno 36, Top. 119, Rgn. 21 —or- 60110 SCALE DRAINAGE AND UTILITY EASE/tENTS AREOHONS THUS: 1010 BEING 10 FEET IN WIDTH, UNLESS OTHERWiSE INDICATED, ADJOINING LOT LINES AND RIGHT-OF-WAY LINES. AS SHORN ON THE FLAT. (Ill/li? 'II[IIIj 0 60 120 SCALE IN FEET BEARINGS ARE BUSED ON THE NEST LINE OF THE OEI/4, SEC. 35, TSP. 119, ROE. 21 HAVING A BEOWI1IG OF N04'3I'12TH. o DENOTES 1/2 INCH 0 14 INCH IRON MONUMENT SET. RANKED 'LS 45955' • DENOTES IRON MONUMENT FOUND. MARKED 'LU 45958' UNLESS OTHERWISE SHOWN ©DENOTES FOUND Mt/DOT DISC DENOTES BEARING / DISTANCE PER FLAT R.R,D.A. DENOTES REGAL HOOD DEVELOPMENT ADDITION —On--DENOTES 'RIGHT DY ACCESS' DEDICATED TO HENNEPIN COUNTY LOUCKS SHEET 2 OF 2 SHEETS City Cound Ageni.da ftm N0 6f COUNCW iTEM MEMORANDUM DATE: September 25, 2017 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies Recommendation: It is recommended that the City Council consider adoption of an amendment to the City's capital project funding policy. Background: Staff has reviewed the City's capital improvements funding policy which was adopted by City Council on January 13, 2014. The policy provides recurring funding sources for the City's Capital Improvement Plan. The six identified funding sources included in the amended policy are: 1.General fund balance in excess of 52% of the following year's operating expenditures 2.Liquor fund balance in excess of operating and capital needs 3.50% of Local Government Aid (LGA) received 4.Grants and project sharing funds from external funding sources 5.Tax increment funds as applicable to the project 6.Investment earnings allocated to the fund The amendments to the policy included the addition of items 4 through 6 above. These items are currently being utilized or identified in the cash flows/capital improvement plans as funding sources for projects so including these in the policy is reflective of those expectations. The policy also corrects the terminology of capital project fund to capital improvement fund. The finance division is working on a policy that will pull together current fund balance and capital project policies into one single policy. To simplify the process the policies will be updated and presented to City Council for consideration in four different resolutions over the next few months. If all four separate resolutions are approved by the City Council, the City Council will then be asked to consider an action to combine the previously amended policies into a single, "Fund Balance and Classification Policy". This is the third of those four resolutions for City Council consideration. Attached is the redlined policy with deletions in striketftrough and additions underlined, and a resolution adopting the proposed revisions to the capital project funding policy. Strategic Priorities: o Safe, Secure, Stable Community iiJission: Ensuring an attractive, clean, safe, inclusive cominuniti' 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 ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES WHEREAS, the City Council of the City of Brooklyn Center adopted a Capital Project Funding Policy on January 13, 2014 included in the Financial Policies Section of the City Council Code of Policies; and WHEREAS, revisions to the Capital Project Funding Policy have been reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the amended Capital Project Funding Policy attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. September 25, 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. SECTION II GENERAL POLICIES City Council Code of Policies FINANCIAL POLICIES K. Capital Project Improvements Funding Policy Large capital expenditures for municipal buildings, furnishings. equipment, computer/radio systems, park and trail improvements, and capital projects made possible through outside funding sources, are accounted for in the Capital Improvements Fund. Funding sources: 1.Each year, following the completion of the annual audit (typically July) the year-end fund balance of the General Fund will be reviewed for surplus operating funds. The audited year=end General Fund unassigned fund balance that exceeds 52% of the next year's General Fund operating budget will be transferred to the Capital Projects Improvements fund. 2.Each year, following the completion of the annual audit (typically July) the year-end cash balance of the Brooklyn Center Liquor operations will be reviewed for surplus operating funds. The audited year-end Liquor Fund unrestricted cash balance that exceeds three and a half months of the next year's budgeted operating expenses and one year of budgeted capital equipment needs will be transferred to the Capital Project Improvements fund. 3.Local—Government Aid (LGA) will serve as a funding source for current and future capital projects. On an annual basis, begiiming with the 2015 LGA allotment, the City will receipt the greater of $650,000 (or the full amount if less than $650,000) of Local Govermrient Aid (LGA) received OR 50 percent of total LGA. 4.Project cost sharing grants from Regional, County. State or Federal governments. 5.Tax increment funds as applicable 6.Allocated investment earnings based on the fund's cash balance Any remaining fund balance at year-end in the Capital Projects Improvements fund will be carried forward to fund future capital improvement projects as identified in the City's Capital Improvement Plan. Reference: City Council Resolution Nos. 2014-19 City Coui mcitl Agirlld1 Item Na, 6g COUNCI{]L ITEM MEMORANDUM DATE: September 19, 2017 TO: Curt Boganey, City Manag FROM: Reggie Edwards, Deputy City ger SUBJECT: 2018-2020 Brooklyn Center Strategic Plan Recommendation: It is recommended that the City Council consider amending No. 2017-108, the 2018-2020 Brooklyn Center Strategic Plan. Background: In March of 2015, the City Council and staff leadership developed the 2016-2018 Strategic Plan. The six strategic priorities outlined in the 2016-2018 Strategic Plan were: 1.Resident Economic Stability 2.Targeted Redevelopment 3.Enhanced Community Image 4.Inclusive Community Engagement 5.Strengthened and Empowered Youth 6.Key Infrastructure Investments In February of 2017, the City Council and staff leadership developed the 2018-2020 Strategic Plan. The six strategic priorities outlined in the 2018-2020 Strategic Plan were: 1.Enhanced Community Image 2.Resident Economic Stability 1 Inclusive Community Engagement 4.Targeted Redevelopment 5.Safe, Secure, Stable Community 6. Key Transportation Investments On June 12, 2017 the City Council, adopted Resolution No. 2017-108, the 2018-2020 Brooklyn Center Strategic Plan (see attached copy of adopted resolution). The resolution adopted by the City Council included the wording for strategic priority #6 as "Key Infrastructure Investments". However, the wording for strategic priority 96 should have been "Key Transportation Investments" as developed by the City Council during its 2017 Strategic Planning retreat (see attached original flipchart from the 2017 Strategic Planning retreat). BudgetIssues: None Policy Issues: The City Council considers amending resolution No. 2017-108, the 2018-2020 Brooklyn Center Strategic Plan. Strategic Priorities: Foundational to all Strategic Priorities ))1ission: Ensuring an attractive, clean, safe, inclusive comuninity that enhances the quality of life for all people and preserves die public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ADOPTED RESOLUTION NO. 2017-108, THE 2018-2020 BROOKLYN CENTER STRATEGIC PLAN WHEREAS, establishment of a strategic plan reflects the most critical issues for the City to addressed in the coming years; and WHEREAS, the City Council passed a resolution adopting the 2018-2020 Brooklyn Center Strategic Plan on June 12, 2017. WHEREAS, the six strategic priorities outlined in the 2018-2020 Strategic Plan were: 1.Enhanced Community Image 2.Resident Economic Stability 3.Inclusive Community Engagement 4.Targeted Redevelopment 5.Safe, Secure, Stable Community 6.Key Infrastructure Investments WHEREAS, the adopted resolution No, 2017-108, 2018-2020 Brooklyn Center Strategic Plan included the wording for strategic priority #6 as "Key Infrastructure Investments", WHEREAS, the wording for strategic priority #6 should have been "Key Transportation Investments" as developed by the City Council during its 2017 Strategic Planning retreat, and NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota amendment of 2018-2020 Brooklyn Center Strategic Plan to include the wording for strategic priority #6 as "Key Transportation Investments". September 25, 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: RESOLUTION NO. whereupon said resolution was declared duly passed and adopted. Qrw^ r; A. I • : Sr, more estcI 1Y YjL:c.A' 1oo7 ci5 pritti. (cb1 cCE. Lcc.1 ru e e 61 Yl +1:/ TT r 2—S 2— frI : ?? t4 tøç OCeti,)i. f7(aii {op&r\* cvnpd - I Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-108 RESOLUTION ADOPTfNG THE 2018-2020 BROOKLYN CENTER STRATEGIC PLAN WHEREAS, establishment of a strategic plan reflects the most critical issues for the City to addressed in the coming years; and WHEREAS, establishment of a strategic plan provides direction for the operations of the City and the allocation of resources; and WHEREAS, in March of 2015 the City of Brooklyn Center City Council developed and adopted the 2016-2018 Brooklyn Center Strategic Plan which included the elements of: mission statement, SWOT analysis, six strategic priorities, key outcome indicators, and action initiatives; and WHEREAS, in February of 2017 the City of Brooklyn Center City Council developed the 2018-2020 Brooklyn Center Strategic Plan which included the elements of: visions and mission statements, SWOT analysis, six strategic priorities, key outcome indicators, and action initiatives; and WHEREAS, the six strategic priorities outlined in the 2018-2020 Strategic Plan were: 1.Enhanced Community Image 2.Resident Economic Stability 3. Inclusive Community Engagement 4, Targeted Redevelopment 5.Safe, Secure, Stable Community 6.Key Infrastructure Investments WHEREAS, the Brooklyn City Council established a new strategic priority of "Safe, Secure, Stable Community' and folded into the previous strategic priority of "Strengthened and Empower Youth" into the new strategic plan priority of "Inclusive Community Engagement". WHEREAS, the new strategic plan set forth the future direction and priorities for the City of Brooklyn Center from this day forth through the year 2020; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota adopts the 2018-2020 Brooklyn Center Strategic Plan. RESOLUTION NO, 2017-'. July 24, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof:Tim Willson, Marguita Butler, April Graves, Kris Lawrence-Anderson, Dan Ryan and the fdllowing voted against the same: whereupon said resolution was declared duly passed and adopted. Cftty (C©iuiJill©ll Ag©Irllda Itiriin f©3 61fi Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE TERMINATION OF A CONTRACT AND THE SELECTION OF A NEW CONTRACTOR TO COMPLETE THE WORK WHEREAS, the City of Brooklyn Center ("City") entered into a contract with V & T Painting ("Contractor") to undertake Improvement Project No. 2016-13, Contract 16-I, Tower No. 3 Rehabilitation ("Contract") to repaint the City's Water Tower No. 3 ("Project"); and WHEREAS, the Project to rehabilitate Tower No. 3 ("Tower") was to be substantially complete on July 15, 2017, but as of the date of this Resolution the Project remains incomplete and, based on past performance, there is a significant risk the Contractor will not complete the Project before the weather turns too cold to complete the interior of the tank this year; and WHEREAS, the Tower has been out of service during the Project and was planned to be back in service this summer as it is a critical component in the City's water system and is needed to ensure the City can continue to provide water service over the winter; and WHEREAS, if the interior work is not completed in the very near future, the Tower will remain out of service until the spring and the City will not have sufficient backup to adequately respond to any further loss of capacity in the system; and WHEREAS, the Contractor's failure to complete and Project by the substantial completion date and to devote the necessary resources to complete the Project in a timely manner constitutes sufficient cause for the City to terminate the Contract; and WHEREAS, the Contractor is continuing work on the inside of the tank, but if that work is not properly completed very soon it will be necessary for the City to terminate the Contract and to hire another contractor to complete the work so the Tower can be returned to service; and WHEREAS, given the time of year and importance of restoring the Tower before winter, the City Council determines it is necessary and appropriate to authorize the City Manager to, if necessary, terminate the Contract and to hire another contractor to complete the work; and WHEREAS, the City Council further exercises its authority under its charter and Minnesota Statutes, section 12.37 to protect its residents by authorizing the expedited letting of a contract to a new contractor to complete the work necessary to get the Tower back into service before winter since the continued loss of service will leave the City without sufficient water capacity over the winter, which constitutes an imminent threat to the health and safety of the City's residents and others who rely on the City's water system. 507789v1 TJG BR291-379 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1.The City Manager is hereby authorized to terminate the Contract if the City Manager determines the Contractor is not making sufficient progress to complete the Project in a timely fashion so that it becomes necessary to bring in another contractor to complete the work so the Tower can be placed back into service before winter. 2.Under the present emergency, and in order to protect the health and safety of those who rely on the City's water system, if the Contract is terminated the City Manager is authorized to, without soliciting sealed bids, select and enter into a contract with another contractor to complete the work necessary to place the Tower back into service before winter. September 25, 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. 507789v1 TJG BR291-379 . . 0 iEI1II(iJ I fl V MhYA L'A I D'i [I] 1I DATE: September 25, 2017 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Administrative Fines/Citation Costs It is recommended that the City Council consider approval of the attached resolution certifying special assessments for Administrative Fines/Citation Costs to the Hennepin County tax rolls. At the City Council Meeting on September 11, 2017, the City Council moved to continue the Public Hearing until September 25, 2017 for 3321 50th Ave N due to an appeal. Additional information was requested for the property. Information specific to the properties special assessment appeal is provided in this report. The special assessment charges and payment schedule are provided in the notification letter and are often explained to parties that contact staff. It is summarized as follows: If not paid by the end of business day on September 11, 2017, an additional $40 special assessment fee will be added to the amount owed. • Unless the City Council makes changes to the amounts due at the Public Hearing, no other bill or notice will be provided. o Interest on the special assessments will begin on October 13, 2017, following the 30-day interest free grace period. Interest shall accrue at an annual rate of 3.5 %. o When the City Council adopts the special assessments, there are the following payment options: 1.The total special assessment may be paid without interest between September 13, 2017 and October 13, 2017. 2.After October 13, 2017 and through November 22, 2017, the total special assessment plus accumulated interest through the date of payment may be made. Payments will be accepted in the Building & Community Standards Department until close-of-business November 22, 2017. As indicated by the fee schedule, payments could be made before the September 11, 2017, Council Meeting without added fees. After this date, fees apply. There are costs associated with appeals and the fees are an attempt to make sure the public is not required to pay for unsuccessful appeals. This is similar to other programs that have appeal options. Mission: Eiisui'!iig an attractive, cleat,, safe, inclusive community that enhances the quality of life for al/people (lad preserves the public trust stiuisi in ii ai u a [I] iii oeu LII The fees for these special assessments help recover some of the City costs associated with providing a service specific to a property. Administrative fines occur where voluntary compliance is not achieved and additional staff time is required to gain compliance. Strategic Priorities: o Safe, Secure, Stable Community Attachments: Resolution Summary of Appealed Properties Mission: Ensiiriiig an attractive, clean, safe, inclusive community (11(11 enhances the quality of life fr all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2016 thru June 30, 2017 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 11, 2017, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2016 thru June 30, 2017, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2016 thru June 30, 2017 is hereby adopted and certified as Levy No. 19601. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2018, in one annual installment with interest thereon at three and a half (3.5) percent per annum and shall bear interest on the entire assessment from October 1, 2017 through December 31, 2018. RESOLUTION NO. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2017. After October 12, 2017, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2017 through the date of payment. Such payment must be made by the close of business November 22, 2017 or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 25, 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: whereon said resolution was declared duly passed and adopted. NN z 0.) -0::j 0 ci 0) 0 C') ID 0(11 ._ C') — •_-4 '-d 1) - EN - — -I—a ci)C') 0.) 0)E NN 0HE 0) •- E bI) Ci)1) Cl) Cl) C') —CCrJ 0) 0)— LiL) CD I Cl) C')0.) -d -d 0 N z 0) Attachment Summary of Appealed Properties Property Number 1 I Address: 332150 '6 Ave N I Owner: Jason Lindsey I Appellant's Statement: My girlfriend was pregnant and parked on the grass while getting ready to go to the hospital. Findings: During a proactive property code inspection, several violations of City ordinances were cited at the property including storage of parts/engines and related items, illegal parking/storage of vehicles, and unlicensed/inoperable vehicles. Staff attempted to work with the owner to become compliant with city codes before issuing administrative citations. Several compliance notices were sent to Mr. Lindsey at the address listed in the city ownership records. Staff spoke with Mr. Lindsey and informed him of the ordiance regarding parking on an unapproved surface. After several attempts to obtain compliance, staff issued an Administrative Citation for $125.00 and $250.00. Mr. Lindsey appealed the Administrative Citations and was granted a hearing. The Administrative Hearing Officer found that a violation did occur and imposed the $125.00 administrative citation and stayed the $250.00 administrative citation with no same or similar violation for one year from the date of the hearing. The Hearing Officer also required that a permit be obtained by April 30, 2017 to cut the curb so additional parking can be created. There continued to be ongoing parking on the grass violations and a permit was not obtained for a curb cut by April 30, 2017. The $250 Administrative Citation was imposed. Evidence was gathered within legal parameters. City ordinance violations are not permitted in any area of a property and the owner is responsible to maintain his property free of code vioaltions. Recommendation: Legal notification requirements were followed. The administrative citations were appealed and the conditions of the hearing officer were not met. The special assessment is for the amount of $230 including the Certification fees of $40. The $20 hearing deposit fee was credited to the balance owed. 6 I P g e Violation Type Dates Action Fees Illegal 1/17/17 Staff conducted a proactive code enforcement Parking/Storage inspection and found the property in violation for of Vehicles illegal parking/storage of vehicles, storage of parts/engines, and unlicensed/inoperable vehicles. Staff attempted to contact the resident by knocking on the door and no one came to the door. A compliance notice was posted onsite and mailed. 1/19/17 Staff spoke with Mr. Lindsey and informed him of the property code violations and where he could park. He stated he wanted to build a garage in the spring and was referred to call the Building Official about design specifications. 1/25/17 A follow up inspection was conducted and the violation was not corrected. A 2nd notice was sent. 2/7/17 A follow up inspection was conducted and the violation was not corrected, Staff knocked at the door but no contact was made. A 3 d (final) notice was sent. 2/14/17 A follow up inspection was conducted and all vehicles were parked beyond the front setback. 2/24/17 A follow up inspection was conducted and staff spoke with Mr. Lindsey. He was informed about parking on the grass and the possibility of issuing an administrative citation for ongoing violation. The vehicle with license plate 789-TTC was parked in the front yard and is in disrepair. 3/6/17 An inspection was conducted and the vehicle was still $125 in violation. A $125 Administrative Citation was issued. 3/15/17 Staff received a complaint about ongoing parking on the grass. 3/16/17 An inspection was conducted and found vehicles parked in the front yard, brush piles in the yard, and front yard was in disrepair from parking on the grass. Staff attempted to knock on the door and no one answered. 3/20/17 An inspection was conducted and vehicles were still $250 parked in the front yard. An Adminstrative Citation was issued for $250. 3/31/17 An Administrative Hearing was completed and the Administrative Hearing Officer found that a violation did occur. The $125 administraive citation was imposed and the $250 administrative citation was stayed with no same or similar violation from one year 7 P a g e from the date of the hearing. The Administrative - Heraring officer also ordered that a permit be obtained by April 30 for a curb cut in order to increase the number of parking spaces at the property. 4/3/17 Staff received a complaint stating that there are cars parked on the lawn again and bushes were cut in order to park more cars on the lawn. 4/4/17 A follow up inspection was conducted and found the property to be in violation of parking on the grass. 4/12/17 Vehicles were in compliance and no longer parking on the grass 5/1/17 An inspection was conducted and found the property in violation. 6/29/17 An inspection was conducted and found the property in violation. 09/14/17 The property was inspected and a blue car was parked on the grass/dirt in the front/side yard in violation of code. 8Page owl A 4 I £E pool 06N gR - .- 9Page LLI. -Th l Cfl ___ \ v••. 1..I.. I 10 IP age Ili Page 12 1 P age 13Page 14 I P a g e 15 1 P a g e 2. 16 1 P age 9/14/17 17Page S ; • •_; •-'-- •r-'. 9/14/17 I 1:1 :. •- If 18Page - 19 1 P a g e At the public hearing for Special Assessments on September 11, 2017 one Appeal was received. The Appeal was for 3321 50th Ave N. A summary has been provided of the history relating to the citations issued for this property. 2 Appeal Statement ◦Appellant stated that his girlfriend was pregnant and parked on the grass while getting ready to go to the hospital. Findings During a proactive property code inspection, several violations of City ordinances were cited at the property including storage of parts/engines and related items, illegal parking/storage of vehicles, and unlicensed/inoperable vehicles. Staff attempted to work with the owner to become compliant with city codes before issuing administrative citations. Several compliance notices were sent to Mr. Lindsey at the address listed in the city ownership records. Staff spoke with Mr. Lindsey and informed him of the ordinance regarding parking on an unapproved surface. After several attempts to obtain compliance, staff issued an Administrative Citation for $125.00 and $250.00. 09/25/2017 3 Findings Mr. Lindsey appealed the Administrative Citations and was granted a hearing. The Administrative Hearing Officer found that a violation did occur and imposed the $125.00 administrative citation and stayed the $250.00 administrative citation with no same or similar violation for one year from the date of the hearing. The Hearing Officer also required that a permit be obtained by April 30, 2017 to cut the curb so additional parking can be created. There continued to be ongoing parking on the grass violations and a permit was not obtained for a curb cut by April 30, 2017. The $250 Administrative Citation was imposed. Also, the property was inspected on 9/14/2017 after the appeal and the property was found in violation with vehicles parked on the grass/dirt. Recommendation: Legal notification requirements were followed. The administrative citations were appealed and the conditions of the hearing officer were not met. The special assessment is for the amount of $230 including the Certification fees of $40. The $20 hearing deposit fee was credited to the balance owed. 09/25/2017 4 09/25/2017 5 09/25/2017 6 09/25/2017 7 09/25/2017 8 09/25/2017 9 09/25/2017 10 09/25/2017 11 City Counc]1 Agenda Item No. Ob COUNC1{L ]ITEM MEMORANDUM DATE: September 25, 2017 TO: Curt Boganey, City Manag973 FROM: Nathan Reinhardt, Finance Director SUBJECT: Continued Special Assessment Hearing for Proposed Special Assessments for Delinquent Public Utility Service Accounts Recommendation: It is recommended that the City Council consider approval of a resolution assessing the attached list of properties with unpaid bills for utility services provided to those properties. Background: At the City Council meeting on September 11, 2017, the City Council moved to continue the Public Hearing until September 25, 2017 for 6542 Riverwood Lane where an appeal was made. Additional information was requested for 6542 Riverwood Lane where the proposed special assessment included unpaid bills for utility services. Appellants Stciteinent: Ms. Mahoney provided both a written letter and oral statements objecting to the volume of water usage that occurred in the 4th quarter of 2016. Ms. Mahoney stated she broke her leg which required surgery and transitional care and was not at home in October and most of November. Her daughter did stay at the residence during this period. When they were notified by utilities about the high volume they could not find any cause for the high usage and the usage returned to normal the following quarter. Not being able to identify the cause of the issue, the appellant believes a false meter reading occurred for this period. Findings: Public Works staff was at the property address on 12/21/2016 due to a large water usage of 198,000 gallons and obtained leak codes indicating that a continuous leak has been detected for about 25 days of the month at the property and a door tag was left to notify the property owner. On 12/23/2016 staff was at the property address and obtained the attached data log, which shows the pattern of usage for the previous 90 day period. The resident was advised to review anything that might be causing the usage, such as water softeners, running toilets or irrigation systems. The following quarter the reading showed 30,000 gallons of water consumption. Recommendation: Information provided shows the property was billed for the amount of water usage based on the meter reading. However, staff is recommending that July 26th1 penalties be waived (the City will waive penalties once in the lifetime of an account) and adjust the 4th quarter billings to be billed at tier 1 rates. The City bills consumption at tiered rates, which effectively increases the cost per gallon as water consumption increases. The tiered rates are intended to encourage water conservation. In the situation that occurred at 6542 Riverwood the appellant did not intentionally use the water and was unaware of the large volume of water being consumed. The City has made a handful of similar adjustments to residential accounts in the Mission: Ensuring an attractive, clean, safe, inclusive comlnunhlj' that enhances the quality of life for iii! people mu/preserves the public tins! EI1IJ[ii I I I k!A IA I DIk (I) 1I aIJk'A I past two years for properties that have had an unusually high volume of usage. In these cases the cause for the usage was determined by the homeowners and corrected once they became aware of the volume of water billed to their property. The adjustment still bills the customer for the same volume of water, but at tier 1 rates. The credit is calculated as follows: Description Amount Reversal of 7/26/2017 Penalties ($108.92) 12/20/2016 Tier 1 Water (30,000 gallons * $2.03)($60.90) 12/20/2016 Tier 2 Water (30,000 gallons * $2.53)($75.90) 12/20/2016 Tier 3 Water (138,000 gallons * $3.78)($521.64) 12/20/2016 Tier 1 Water (198,000 gallons * $2.03)$401.94 Net Adjustment ($365.42) Attachments: Resolution Certifying Assessment Roll Written Letter of Appeal Data Log - December 2016 Customer/Account Transaction History Quarterly Utility Bills from 6/21/2016 through 3/21/2017 Budget Issues: These delinquent utility billings recorded as receivables and recognized as revenues in the current budget year. However, the actual collections of these accounts will likely occur in future years. The proposed adjustment would reduce the certified assessment from $925.64 to $560.22. Strategic Priorities: Safe, Secure, and Stable Community Mission: Ensuring an attractive, clean, Soft, inclusive community that enhances the quality of he for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2017; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and City Ordinances, Sections 4-105 and 4-201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 19595. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2017, in one installment with interest thereon at three and one-half (3.5) percent per annum, and shall bear interest on the entire assessment from October 1, 2017 through December 31, 2017. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before October 12, 2017. From October 13, 2017, the owner may pay the entire assessment plus interest accumulated from October 1, 2017 through the date of payment. Such payments must be made by the close of business on November 22, 2017 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 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. Na) cii U U u (0 N U 0 '.0 0 U U a) re-LU CN a.' Lfl >-wz 0I uJ o (0 0Nm 0 LU LflU0o I If • - - ___ • r'1 _______ to IEEE J. I H I IV ac, ID t 11D c - I I I I r • I I I I I II I I ________I II I 0 I I• ______I I• . • F C') : : rLUiC'=i (0 0 00 'L LU0 0) LU N-LI) LI) N- =1 LU LU C, N U c)N N 0.LU. LU© LU waN LU Lo LIJ eD 0 C- o Ca U- a) Nrca © Co 0) LL a a a) LUZ © LU (N(-'I0) _—;5 0 10 10 - ____ ___ —;I H IJ ca(a___ H (_____ 1D___ ___0)to I__ ID 0)0_____C E0ILU 0 — co b LU (N 1 Created Date/Time: 09/05/2017 08:57:29 AM Customer Number: 00041262 Account Number: 0055370006 Service Address: 6542 RIVERWOOD LA Mailing Address: DIANNE MAHONEY 6542 RIVERWOOD LA BROOKLYN CENTER MN 554304601 .9rnTii : iii' Trans Date Ikir'd. 7/28/2017 0:00 Certification Admin Fee 7/26/2017 0:00 Penalties - Water 7/26/2017 0:00 Penalties - Street Light 7/26/2017 0:00 Penalties - Sewer 7/26/2017 0:00 Penalties - Recycling 7/26/2017 0:00 Penalties - Storm Drainage 6/22/2017 0:00 Certification - Recycling 6/22/2017 0:00 Certification - Recycling 6/22/2017 0:00 Certification - Storm Drainage 6/22/2017 0:00 Certification - Storm Drainage 6/22/2017 0:00 Certification - Sewer 6/22/2017 0:00 Certification - Sewer 6/22/2017 0:00 Certification - Water 6/22/2017 0:00 Certification - Water 6/22/2017 0:00 Certification - Street Light 6/22/2017 0:00 Certification - Street Light 6/21/2017 0:00 Cycle Billing Due: 07/19/2017 4/26/2017 0:00 Penalties - Water 4/26/2017 0:00 Penalties Street Light 4/26/2017 0:00 Penalties - Sewer 4/26/2017 0:00 Penalties - Recycling 4/26/2017 0:00 Penalties - Storm Drainage 3/22/2017 0:00 Cycle Billing Due: 04/19/2017 2/10/2017 0:00 Payment CC - IVR 12/21/2016 0:00 Cycle Billing Due: 01/18/2017 10/19/2016 0:00 Payment - ACH 9/21/2016 0:00 Cycle Billing Due: 10/19/2016 7/20/2016 0:00 Payment - ACH 6/22/2016 0:00 Cycle Billing Due: 07/20/2016 4/20/2016 0:00 Payment - ACH 3/23/2016 0:00 Cycle Billing Due: 04/20/2016 1/20/2016 0:00 Payment - ACH 12/23/2015 0:00 Cycle Billing Due: 01/20/2016 Amount Balance Created By Modified By $30.00 $1,228.10 CJONES $100.82 $1,198.10 CJONES $0.68 $1,097.28 CJONES $4.69 $1,096.60 CJONES $1.24 $1,091.91 CJONES $1.49 $1,090.67 CJONES $13.18 $1,089.18 NEMMERICH ($13.18)$1,076.00 NEMMERICH $15.93 $1,089.18 NEMMERICH ($15.93)$1,073.25 NEMMERICH $49.86 $1,089.18 NEMMERICH ($49.86)$1,039.32 NEMMERICH $809.47 $1,089.18 NEMMERICH ($809.47)$279.71 NEMMERICH $7.20 $1,089.18 NEMMERICH ($7.20)$1,081.98 NEMMERICH $193.54 $1,089.18 NEMMERICH $73.59 $895.64 NEMMERICH $0.65 $822.05 NEMMERICH $4.53 $821.40 NEMMERICH $1.20 $816.87 NEMMERICH $1.45 $815.67 NEMMERICH $166.18 $814.22 VCULLEN ($100.00)$648.04 MHEMRAJ $748.04 $748.04 VCULLEN ($381.38)$0.00 VCULLEN $381.38 $381.38 VCULLEN ($206.1 6)$0.00 VCULLEN $206.16 $206.16 VCULLEN ($114.87)$0.00 VCULLEN $114.87 $114.87 VCULLEN ($151.82)$0.00 VCULLEN $151.82 $151.82 VCULLEN 10/21/2015 0:00 Payment ACH ($328.59)$0.00 VCULLEN 9/23/2015 0:00 Cycle Billing Due: 10/21/2015 $328.59 $328.59 VCULLEN 7/22/2015 0:00 Payment - ACH ($176.66)$0.00 VCULLEN 6/24/2015 0:00 Cycle Billing Due: 07/22/2015 $176.66 $176.66 VCULLEN 4/22/2015 0:00 Payment - ACH ($97.91)$0.00 VCULLEN 3/25/2015 0:00 Cycle Billing Due: 04/22/2015 $97.91$97.91 VCULLEN 1/21/2015 0:00 Payment - ACH ($126.86)$0.00 VCULLEN 12/24/2014 0:00 Cycle Billing Due: 01/21/2015 $126.86 $126.86 VCULLEN 10/22/2014 0:00 Payment - ACH ($229.48)$0.00 VCULLEN 9/24/2014 0:00 Cycle Billing Due: 10/22/2014 $229.48 $229.48 VCULLEN 7/23/2014 0:00 Payment - ACH ($120.06)$0.00 VCULLEN 6/25/2014 0:00 Cycle Billing Due: 07/23/2014 $120.06 $120.06 VCULLEN 4/23/2014 0:00 Payment - ACH ($101.04)$0.00 VCULLEN 3/26/2014 0:00 Cycle Billing Due: 04/23/2014 $101.04 $101.04 VCULLEN 1/22/2014 0:00 Payment - ACH ($75.62)$0.00 VCULLEN 12/25/2013 0:00 Cycle Billing Due: 01/22/2014 $75.62 $75.62 VCULLEN 10/23/2013 0:00 Payment - ACH ($234.02)$0.00 VCULLEN 9/25/2013 0:00 Cycle Billing Due: 10/23/2013 $234.02 $234.02 VCULLEN 7/24/2013 0:00 Payment - ACH ($142.82)$0.00 VCULLEN 6/26/2013 0:00 Cycle Billing Due: 07/24/2013 $142.82$142.82 VCULLEN 4/24/2013 0:00 Payment - ACH ($87.14)$0.00 VCULLEN 3/27/2013 0:00 Cycle Billing Due: 04/24/2013 $87.14 $87.14 VCULLEN 1/23/2013 0:00 Payment - ACH ($138.43)$0.00 VCULLEN 12/26/2012 0:00 Cycle Billing Due: 01/23/2013 $138.43 $138.43 VCULLEN 10/24/2012 0:00 Payment ACH ($243.43)$0.00 VCULLEN 9/26/2012 0:00 Cycle Billing Due: 10/24/2012 $243.43 $243.43 VCULLEN 7/25/2012 0:00 Payment - ACH ($150.43)$0.00 VCULLEN 6/27/2012 0:00 Cycle Billing Due: 07/25/2012 $150.43 $150.43 VCULLEN 4/25/2012 0:00 Payment - ACH ($80.83)$0.00 VCULLEN 3/28/2012 0:00 Cycle Billing Due: 04/25/2012 $80.83 $80.83 VCULLEN 1/25/2012 0:00 Payment - ACH ($100.88)$0.00 VCULLEN 12/28/20110:00 Cycle Billing Due: 01/25/2012 $100.88 $100.88 NCARY 10/26/20110:00 Payment - ACH ($303.99)$0.00 VCULLEN 9/28/20110:00 Cycle Billing Due: 10/26/2011 $303.99 $303.99 VCULLEN 7/27/20110:00 Payment - ACH ($163.29)$0.00 VCULLEN 6/29/20110:00 Cycle Billing Due: 07/27/2011 $163.29 $163.29 VCULLEN 4/12/20110:00 Payment - Check ($109.40)$0.00 VCULLEN 3/30/20110:00 Cycle Billing Due: 04/27/2011 $109.40 $109.40 VCULLEN 2/9/20110:00 Payment - Check ($119.44)$0.00 VCULLEN 2/2/20110:00 Penalties - Water $1.83 $119.44 VCULLEN 2/2/20110:00 Penalties - Street Light $0.38 $117.61 VCULLEN 2/2/20110:00 Penalties - Sewer $6.39 $117.23 VCULLEN 2/2/20110:00 Penalties - Recycling $0.83 $110.84 VCULLEN 2/2/20110:00 Penalties - Storm Drainage $1.43 $110.01 VCULLEN 12/29/2010 0:00 Cycle Billing Due: 01/26/2011 $108.58 $108.58 VCULLEN 11/16/2010 0:00 Payment - Check ($270.04)$0.00 CHILGER 11/3/2010 0:00 Penalties - Water $15.52 $270.04 VCULLEN 11/3/2010 0:00 Penalties - Street Light $0.38 $254.52 VCULLEN 11/3/2010 0:00 Penalties - Sewer $6.39 $254.14 VCULLEN 11/3/2010 0:00 Penalties - Recycling $0.83$247.75 VCULLEN 11/3/2010 0:00 Penalties - Storm Drainage $1.43 $246.92 VCULLEN 9/29/2010 0:00 Cycle Billing Due: 10/27/2010 $245.49 $245.49 VCULLEN 8/18/2010 0:00 Payment - Check ($79.28)$0.00 CHILGER 8/18/2010 0:00 Payment - Check ($52.00)$79.28 CHILGER 8/16/2010 0:00 Penalties - Water ($9.59)$131.28 VCULLEN 8/16/2010 0:00 Penalties - Street Light ($0.38)$140.87 VCULLEN 8/16/2010 0:00 Penalties - Sewer ($2.32)$141.25 VCULLEN 8/16/2010 0:00 Penalties - Recycling ($0.31)$143.57 VCULLEN 8/16/2010 0:00 Penalties - Storm Drainage ($0.53)$143.88 VCULLEN 8/4/2010 0:00 Penalties - Water $9.59 $144.41 VCULLEN 8/4/2010 0:00 Penalties - Street Light $0.38 $134.82 VCULLEN 8/4/2010 0:00 Penalties - Sewer $2.32 $134.44 VCULLEN 8/4/2010 0:00 Penalties - Recycling $0.31$132.12 VCULLEN 8/4/2010 0:00 Penalties - Storm Drainage $0.53 $131.81 VCULLEN 6/30/2010 0:00 Cycle Billing Due: 07/28/2010 $79.28 $131.28 VCULLEN 6/23/2010 0:00 Deposit Quote $52.00 $52.00 VCULLEN CENTER - AUTOMATIC PAYMENT-Do NOT PAY ADDRESSEE DIANNE MAHONEY 6542 RIVERWOOD LA BROOKLYN CENTER MN 55430-1601 Billing Date: 9/21/2016 111111111111 IIIII 1111111111111111111 IIIIlIlIlIIII III 005537000600041262000038138 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 SERVICE ADDRESS: 6542 RIVERWOOD LA This Portion For Your Records 000412620055370006 0612112016 to 09/20/2016 $381.38 1011 9/2016 BILLING NAME: DIANNE MAHONEY SERVICE ADDRESS: 6542 RIVERWOOD LA Meter# Read Date I Prev. Read Pres. Read L Usage 86901551 09/20/2016 929 1030 101 Total Water Consumption: 101 BILLING PAYMENT - THANK YOU BALANCE FORWARD: WATER TIER 1 30 x $2.03 WATER TIER 2 30 x $2.53 WATER TIER 3 41 x $3.78 WATER BASE CHARGE SENIOR SEWER STORM DRAINAGE RECYCLING STREET LIGHTS TOTAL CURRENT CHARGES TOTAL AMOUNT DUE 206.16 206.16CR 0.00 60.90 75.90 154.98 12.20 44.01 14.48 12.36 6.55 381.38 381.38 TOMATIC PAYMENT-DO NOT PAY. Pre-authorized payment of 381.38 will drawn from your bank on 10/19/16 IF PAYMENT IS NOT RECEIVED BYDUE DATE, A 10% PENALTY OR $3.00 WHICHEVER 1S GREATER WILL BE APPLIED. Pay online using our new payment system at www.cityofbrooklyncenter.org by clicking on "Pay Utility Bill" or pay by phone 24 hours a day, 7 days a week using our new automated payment system. Call our toll free number 1-855-282-7633. FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG UTILITY BILL 000412620055370006 10/19/2016 CENTER Pie-authorized payment of 381.38 will be drawn from your bank on 10/19/16 AUTOMATIC PAYMENT-DO NOT PAY O!UIl I IIUIII 11111 III 111111111 1111 005537000600041262000038138 REMIT AND MAIL CHECK PAYABLE TO: I CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY T542 RIVERWOOD LA BROOKLYN CENTER, MN 55430 Billing Date: 9/21/2016 SERVICE ADDRESS: 6542 RIVERWOOD LA REMIT TO: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG L;City ofBROOKLYNCENTER AUTOMATIC PAYMENT-Do NOT PAY DIANNE MAHONEY 6542 RIVERWOOD LA BROOKLYN CENTER MN 55430-1601 Billing Date: 12121/2016 IIIIII liii 111111 11111 III 111111111 IIIIIIIIIII II II 005537000600041262000074804 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 SERVICE ADDRESS: 6542 RIVERW000 LA 000412620055370006 BILLING NAME: DIANNE MAHONEY SERVICE ADDRESS: 6542 RIVERWOOD LA This Portion For Your Records 09120/2016 to 12/2012016 H $748.04 BILLING PAYMENT - THANK YOU BALANCE FORWARD: WATER TIER 1 30 x $2.03 WATER TIER 2 30 x $2.53 WATER TIER 3 138 x $3.78 WATER BASE CHARGE SENIOR SEWER STORM DRAINAGE RECYCLING STREET LIGHTS TOTAL CURRENT CHARGES: TOTAL AMOUNT DUE: Meter# I Read Date I Prev. Read I Pres. Read Total Water Consumption: Usage 198 01/1812017 381.38 381.38CR 0.00 60.90 75.90 521.64 12.20 44.01 14.48 12.36 6.55 748.04 748.04 AUTOMATIC PAYMENT-DO NOT PAY. Pre-authorized payment of 748.04 will be drawn from your bank on 01/18/17 IF PAYMENT IS NOT RECEIVED BY DUE DATE, A 10% PENALTY OR $3.00 WHICHEVER IS GREATER WILL BE APPLIED. Pay online using our new payment system at www.cityofbrooklyncenter.org by clicking on "Pay Utility Bill" or pay by phone 24 hours a day, 7 days a week using our new automated payment system. Call our toll free number 1 -855-282-7633. FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG p ar UTILITY BILL .i,1ulaltIh'I: 00041 2620055370006 0111812017 Pre-authorized payment of 748.04 will be drawn from your bank on 01/18/17 AUTOMATIC PAYMENT-Do NOT PAY DIANNE MAHONEY 6542 RIVERWOOD LA BROOKLYN CENTER MN 55430-1601 Billing Date: 12121/2016 REMIT TO: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 IIIlIII liii 111111 11111 IIII 111111111 IlIIIIIIIIllhI Ill 005537000600041262000074804 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 SERVICE ADDRESS: 6542 RIVERW000 LA FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG XCity of CiBROOKLYN C CrENTER Ill IuIi':1lui 11EEIl'J;I 000412620055370006 0411 9/2017 Please Return This Portion With Your Payment 11111 11111111111111 II 11111111111111 liii VIII 11111 005537000600041262000081422 REMIT AND MAIL CHECK PAYABLE TO: 111111 III 11111 I IlillIll II I 111111 1111111111 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 Billing Date: 3/22/2017 SERVICE ADDRESS: 6542 RIVERW000 LA Keep This Portion For Your Records 000412620055370006 12/2012016 to 03/21/2017 H $814.22 04/19/2017 BILLING NAME: DIANNE MAHONEY SERVICE ADDRESS: 6542 RIVERWOOD LA Meter# Read Date Prev. Read Pres. Read 86901551 03/21/2017 1228 1258 Total Water Consumption: Usage 30 30 BILLING PAYMENT - THANK YOU BALANCE FORWARD: WATER TIER 1 30 x $2.44 WATER BASE CHARGE SENIOR SEWER STORM DRAINAGE RECYCLING STREET LIGHTS TOTAL CURRENT CHARGES: TOTAL AMOUNT DUE: 748.04 100.00CR 648.04 73.20 14.64 45.33 14.48 11.98 6.55 166.18 814.22 IF PAYMENT IS NOT RECEIVED BY DUE DATE, A 10% PENALTY OR $3.00 WHICHEVER IS GREATER WILL BE APPLIED. Please be advised the 2016 Annual Water Quality Report (Consumer Confidence Report) will be available on the City's website beginning May 1 2017. to http://www.cityofbrooklyncenter.org/DocumentCenter/View/5442 for e information about this report. Pay online using our new payment system at www.cityofbrooklyncenter.org by clicking on "Pay Utility Bill" or pay by phone 24 hours a day, 7 days a week using our new automated payment system. Call our toll free number 1-855-282-7633. Sol FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG p CENTER' UTILITY BILL ACCOUNT NUMBER PAYON OR BEFORE 600412620055370006 Please Return This Portion With Your Payment I l 1111111 11111111 I II I 1 DIANNE MAHONEY 6542 RIVERWOOD LA BROOKLYN CENTER MN 55430-1601 IIIIll 111111111111111 IIII llDIIIIIIlII lIflIlII I HI 005537000600041262000081422 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 Billing Date: 312212017 SERVICE ADDRESS: 6542 RIVERWOOD LA REMIT TO: CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 FOR FURTHER INFORMATION OR ASSISTANCE, CONTACT 763-569-3390 OR VISIT OUR WEBSITE AT: WWW.CITYOFBROOKLYNCENTER.ORG U ( rj) U (J) Qj CIO J - Lima C Cal i C 0 7 IIII] I = Lr== W rn ç. = 0 = w = Q4= DWW oj 0 0=- 0 = > > 0 0 ( (••• 0 0H a > 0 0= U oj E 0 0 =0ci) ci) ci) C C C 0 0 Du t=J ci) t1 ci) 0= Cu (N ocu == = 1$ =) C)=co)0 ==p == _w 0 0 (_9 =0 =0t 0j)0 0 >w I0F=UJIcLn 0= 4=) 10 = cn j) ©=L 1L o =0 E(N Zi C oj-==_==1 + -- - 1.- :'- S = UI L IJ 2 - -J ¶ 0 N IT! -U IZA U L9!: I N. 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Background: A public hearing is scheduled on September 25, 2017. The public hearing is to consider vacating certain easements as referenced above that are associated with the Topgolf site redevelopment. The Planning Commission has reviewed the final plat for TOPGOLF ADDITION. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: That part of the drainage and utility easements, over, under and across LOT 3, BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND 2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION, Hennepin County, Minnesota. The easements proposed to be vacated on the above described properties are identified as follows (collectivity, the "Easements"): (1)Storm Water Easement per Document No. 3100802; (2)Utility and Drainage Easement per document Nos. 9036839a and 4425498T; (3)Storm Water and Maintenance Agreement per Document Nos. 7025098A and 3100802T; (4)Street and Sidewalk Easement per Document Nos. 7082925A, 3159149T and 7231143A; (5)Drainage and Utility Easements shown as located on Lot 3, Block 1, REGAL ROAD DEVELOPMENT 2ND ADDITION; (6)Drainage and Utility Easements shown as located on Lots 1 and 2, Block 1, REGAL ROAD DEVELOPMENT ADDITION. As part of the Public Hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1I]U[iJ I N V ak'A U'A I *'4 LI) 1aWI I1ILYA1 staffs opinion that the portions of the easements proposed to be vacated are no longer needed and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacation. The attached exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Staff recommends that a presentation be provided to the City Council prior to holding the Public Hearing. Following the presentation, a Public Hearing to consider vacating the easements as referenced above should be conducted to receive public comments. A resolution vacating all easements within LOT 3, BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND 2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION is provided for City Council consideration upon closing of the Public Hearing. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment J1ission: Ensuring an attractive, clean, safe, inclusive community that enhances the qua//tv of life Jar al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION VACATING ALL EASEMENTS WITHIN LOT 3, BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND 2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION WHEREAS, certain existing easements are no longer needed on LOT 3, BLOCK 1, REGAL ROAD DEVELOPMENT 2ND ADDITION AND LOTS 1 AND 2, BLOCK 1, REGAL ROAD DEVELOPMENT ADDITION; and WHEREAS, the easements proposed to be vacated on the above described properties are identified as follows (collectivity, the "Easements"): (1)Storm Water Easement per Document No. 3100802; (2)Utility and Drainage Easement per document Nos. 9036839a and 4425498T; (3)Storm Water and Maintenance Agreement per Document Nos. 7025098A and 3100802T; (4)Street and Sidewalk Easement per Document Nos. 7082925A, 3159149T and 7231143A; (5)Drainage and Utility Easements shown as located on Lot 3, Block 1, REGAL ROAD DEVELOPMENT 2ND ADDITION; (6)Drainage and Utility Easements shown as located on Lots 1 and 2, Block 1, REGAL ROAD DEVELOPMENT ADDITION; and WHEREAS, after due notice and Public Hearing, the City Council has determined that the Easements will be no longer needed and it is in the public interest to vacate the Easements; and WHEREAS, the vacated Easements shall be official pending the approval by City Council and recording of the final plat for the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibits conditioned on the approval and recording of the final plat for TOPGOLF ADDITION. 2.The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate. RESOLUTION NO. September 25, 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. i.iiiriii That part of Camden Avenue North as dedication in the plat of REGAL ROAD DEVELOPMENT ADDITION, Hennepin County, Minnesota, lying east of the southerly extension of the west line of said plat. I' 'I p (\' I-) S'Iy Extension of the W. 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Background: On September 14, 2017, the Planning Commission conducted a public hearing on Planning Commission Application No. 2017-006, submitted by the Economic Development Authority of Brooklyn Center, for approval of a variance to City Code Section 35-400, Table of Minimum District Requirements, which would allow the minimum required 15-foot corner side yard setback to be reduced to 10 feet on an R2 (Two Family Residence) District property. As this property is currently under consideration of sale, the proposed variance would allow the construction of a new single-family dwelling. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning this application. Upon close of the public hearing, the Planning Commission voted unanimously (6-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2017-006, architectural renderings of the proposed house, a surveyor's certificate for 5301 James Avenue North, an aerial location map, and copy of the resolution. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment TWissioji: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people aiidpreseives the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, 2017- RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-006 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKYLN CENTER FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-400, TABLE OF MINIMUM DISTRICT REQUIREMENTS, LOCATED AT 5301 JAMES AVENUE NORTH WHEREAS, Planning Commission Application No. 2017-006, submitted by the Economic Development Authority of Brooklyn Center, proposes a variance to City Code Section 35-400, to allow the minimum corner yard setback for a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District to be reduced from 15 feet to 10 feet, which would allow construction of a new single-family dwelling at the property located at 5301 James Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on September 14, 2017, whereby this item was given full due consideration, a planning staff report was presented, and the public hearing was opened to allow for public testimony regarding the variance, site and building plan; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating and determining variances under City Code Section 35-240 and the Comprehensive Plan, and moreover those variance standards as provided under Minnesota State Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the Planning Commission considered and determined the appropriateness of said variance based on the following factors: a)the property owner's request to modify this property in a reasonable manner not permitted by the City Zoning Ordinance is justifiable and reasonable in that the property would continue its use as a single- family residential dwelling in an area surrounded by residential properties; b)the plight of the landowner is due to circumstances unique to the property, and not created by the landowner, since the property was considered of legal record prior to December 19, 1957, and that, given the current minimum required width of a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District is 75 feet, the Applicant's circumstances are unique in that the lot is only 50-feet wide and therefore creates constraints; C) the variance, if granted, will not alter the essential character of the RESOLUTION NO. locality or the neighboring residential homes as the property would be developed as a single-family dwelling, which is consistent with the residential character of the surrounding area, and the reduced corner setback would be consistent with the residential properties located on either side of the property on the north side of 53'' Avenue North; and d) Economic considerations alone did not constitute practical difficulties in this particular case. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-006, submitted by the Economic Development Authority of Brooklyn Center, and requesting a variance for a ten (10) foot corner yard setback, is hereby approved, subject the following conditions: No major modifications or expansions to the proposed single-family house will be permitted, except those illustrated on the submitted plans, and as considered exclusively under the submitted variance application request. Any deviation or modification to the submitted plans that do not meet the provisions of the City Zoning Ordinance or that result in an additional change to the requested corner yard setback variance will require separate consideration and approval; and 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. September 25, 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. oOI(t . 4 4 GENR AT THECENTER/ - / Planning Commission Report Meeting Date: September 14, 2017 • Application Filed: 08/14/2017 • Application Deemed Complete: 08/14/2017 • Review Period (60-day) Deadline: 10/13/2017 • Extended Review Period Deadline: N/A Application No. 2017-006 Applicant: Economic Development Authority of Brooklyn Center Location: 5301 James Avenue North Request: Reduce minimum required corner yard setback from 15 feet to 10 feet to allow the construction of a single-family house INTRODUCTION a) Economic Development Authority of Brooklyn Center - Planning Application 2017-006 Property Address: 5301 James Avenue North The Economic Development Authority of Brooklyn Center (the Applicant) is requesting a variance from City Zoning Ordinance Section 35400, which would allow the minimum required corner yard setback to be reduced from 15 feet to 10 feet in the R2 (Two Family Residence) Zoning District. Approval of this variance would authorize the Applicant to construct a single-family house at 5301 James Avenue North (the Subject Property). A public hearing has been scheduled and notices to surrounding property owners have been mailed. An aerial location map, site plan/surveyor's certificate, and architectural renderings have been included with this report as reference. BACKGROUND The proposed setbacks and the minimum required setbacks for a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District are as follows: Yard Setback Minimum Required (Feet)Proposed (Feet) Front 35 35 Corner Side 15 10 Side Interior 10 10 (house) / 5 (garage) Rear --25.67 The Subject Property was the former site of a blighted, foreclosed single-family house. The Subject Property was acquired by the Economic Development Authority (EDA) of Brooklyn Center in 2009 through the City's Remove and Rebuild Program, and the existing house was subsequently demolished. The 50-foot wide corner lot is under consideration for sale for the construction of a new owner-occupied single-family dwelling. As proposed, the redevelopment of this lot would require a variation of five (5) feet from the minimum required 15-foot corner yard setback. As illustrated in the attached architectural renderings (Exhibit A), the new house would be constructed in the split-level style on the existing 6,169-square foot lot (Exhibit B). The property would be oriented toward Variation Request for 5301 James Avenue North September 14, 2017 Page Ii James Avenue North, and would feature a front facing attached garage with two-single car stalls, and a lookout basement. ANALYSIS Section 35-240 (Variances) of the City Zoning Ordinance provides the current governing rules and standards in the review of variances. The section states that the Planning Commission, acting as the Board of Adjustments and Appeals, provides recommendations, and the City Council grants variances from the literal provisions of the Ordinance in instances where strict enforcement of the Ordinance would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after providing demonstration by "reasonable" test or justification that all of the Standards of Variances are met. According to Minnesota Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, "Variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance and when the variances are consistent with the Comprehensive Plan. Variances may be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the Zoning Ordinance," "Practical dffJIculties," as used in connection with the granting of a variance, means: a)That the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; b)The plight of the landowner is due to circumstances unique to the property not created by the landowner; and c) The variance, ifgranted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Based on the aforementioned information, staff provides the following responses (in italics) to the Applicant's request: + The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance The "reasonable" nature of this particular variance request appears to be rational and practical, as the previous and proposed use of the Subject Property would remain as a single-family residence. The Subject Property is entirely surrounded by R2 (Two Family Residence) District properties to the north, east, and west, and by residential properties located to the south within the City of Minneapolis. • The plight of the landowner is due to circumstances unique to the Subject Property and not created by the landowner The term 'plight," as noted in the heading, is defined as "an unfortunate condition; a difficult or dangerous situation, especially a sad or desperate predicament." The Subject Property is non- conforming with respect to Section 35-400 (Table of Minimum District Requirements) of the enforce City Zoning Ordinance. The Subject Property is located on a corner and was considered of legal record prior to December 19, 1957. Given that the current minimum required width of an R2 corner lot is 75 feet, the Applicant's circumstances are unique in that the lot is only 50-feet wide. This reduction in width creates constraints for the Subject Property. The proposed five ('5) foot corner yard setback variation request would provide the Applicant with the desired additional buildable Variation Request for 5301 James Avenue North September 14, 2017 Page 12 area and allow additional room for the construction of a different style of house product. •: The variance, if granted, will not alter the essential character of the locality Staff does not believe the granting of this variance would alter the essential character of the locality or the neighboring residential homes in this area. As mentioned, the Subject Property would be developed as a single-family house, which is consistent with the residential character of the surrounding area. As proposed, the reduced corner yard setback would be consistent with the residential properties located along 53 rd Avenue North, as the average actual building setbacks of the eight properties located on either side of the Subject Property, along the north side of 53" Avenue North, between Morgan Avenue North and Humboldt Avenue North, is approximately I feet (Exhibit C). •: The practical difficulties are not solely based upon economic considerations Staff does not believe the Applicant's request of this variance is due to economic reasons or considerations alone. Approval of the proposed variance request would allow the Applicant to better utilize the property and provide diversity in the housing stock in both style and overall square footage. Although this property backs up to an alley way, the proposed single-family house would also offer the amenity of having a backyard. SUMMARY & RECOMMENDATION The statute provisions of a "variance" state that "variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance and when the variances are consistent with the Comprehensive Plan." Approval of the requested reduced minimum corner yard setback appears reasonable and justifiable given the proposed continued use of the Subject Property as a single-family house, the existence of an established residential neighborhood surrounding the Subject Property, and in keeping with the overall aesthetic look of the existing actual building setbacks along the north side of 53 d Avenue North. Based on a review of the submitted plans and documents, Planning Staff recommends the Planning Commission recommends City Council approval of the five (5) foot corner yard setback variation. Should the Planning Commission accept this recommendation, the Commission may elect to adopt the attached resolution, which memorializes the findings in granting this variance, subject to the Applicant complying with the following conditions of approval: 1.No major modifications or expansions to the proposed single-family house will be permitted, except those illustrated on the submitted plans, and as considered exclusively under the submitted variance application request. Any deviation or modification to the submitted plans that do not meet the provisions of the City Zoning Ordinance or that result in an additional change to the requested corner yard setback variance will require separate consideration and approval; and 2.Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. ATTACHMENTS Exhibit A —Architectural Renderings of 5301 James Avenue North, prepared by Novak-Fleck, Inc. Exhibit B —Surveyor's Certificate for 5301 James Avenue North, prepared by Hy-Land Surveying, P.A. Exhibit C —Aerial Location Map of 5301 James Avenue North, prepared by City of Brooklyn Center (Business & Development). Exhibit D —Draft Resolution for Reduced Corner Yard Setback Variation (5301 James Avenue North). Variation Request for 5301 James Avenue North September 14, 2017 Page 13 I ;:• I- ffo':IIII!! (i1Ji -f-DWAS Cy w .-.' e J V'ALmaimalm 2= wad WMAU07M mu is 980*12M TM A'W GORtOW G_ Th- .UM IfW 4t l'1!)I IRA -:' GROUP I SOILS 2X6 STUDS R='21 BAITS INSULATION DATR 8114/17 ADDRESS 5301 JAMES AVE 7/16" OSB SHEATHING CONTRACrOK NOVAK-FLECK INC LICENSE# 0001631 -FLOOR SYSTEM --------SPRAY-FOAM RIM INTEPJOR & EXPOSED TOP OF WALL -R-5 SHEET FOAM IF REQD -12"BLOCK WALL I 12" BLOCK WALL PTun SPACE ATTIC RUN THRO'JGcO*1Dfl1ORUcRJ'AE -.-...........- iz DRUJNIILE PASSIVE RADON SYSTEM M17 SIDING — HOUSE WRAP FLASHING - 2X6 T 1-1/2" —•.' 'K,'- r•:,' •HJ.ITIK 1iI ..•IW41c IIK.I•fl IIII(o.I,IUI (,)I•')'II,.KII y.vow11xns.xy;c.:.fa,es, ,%f.j, #.ElU .WWJ.a 2X4 FURRING W/1" SPACE IF FIN1/2 DRYWALL IF FIN 111 •)I 7/16 11 SHEATHING _hsg._c,Iu,Ll,• •.v,,Ij:.,..on,.I.OnhIJJ.uKOlJ :1,107.1,1 Ofl)•IUII.1141J. li4aS.nLNSa,J,. ,..:o•fl7r .-I- •,J _____________________________________________ •j•n:.;J..,u..ol.lnh:aIp, 1/2" DRYWALL U .MtJl U K.0 ,r4.0 I FIII:I)I.I .I,,y..csy ct .• 3- •41fi- 4 ____U IIII 1 UI!I 1 I!!j ____ 1- aArI '- ___—I-f---•4 rm —I..,'— HY=LAND SURVEYING,P.A.LAND SURVEYORS 947.0 Proposed Top of Block 11947 Idaho Ave. N.INVOICE NO. 34206Champlin, Minnesota 55316 F.B. NO.946.6 Proposed Garage Floor PHONE (763) 323-1300 _______________ SCALE 1= 20' FAX (763) 323-7035 943.8 Proposed Lowest Floor hAandsurveyqwestoffice.net 0 Denotes Iron Monument Found 0 Denotes Iron Monument SetType of Building - Surveyors Certificate ° Denotes Wood H1 Set SPLIT LEVEL x000.0 Denotes Existing ElevationNOTE: PROPERTY CORNERS c Denotes Proposed Elevation N SET BY DEVELOPERS SURVEYOR - Denotes Surface DrainageIII Denotes Telephone Box Denotes TV BoxiW Denotes Water Service W E NOVAK FLECK+Property Located In Part Of SE 1/4 Sec. 2. Twp. 118 . 21. Denotes Existing Tree*S Area of Lot excluding House and Driveway - 6,169 Sq. Ft. 2 N8946'29"E21.22 U) 01 0o BRUSH & ioP (119.0 PLAT) o .,l- OXO b TREES S 89 °46'29" W 96.53' N--___ 0 co in -41 0845 11) —8,'T 844.9 0 58.33 3558446q —b. 08440208 845.0 -o itJ 378" 8 Il°o DRIVE IC)RESIDENCE 843 86 00 45.1 . . - -Cotc Basin 844.9 38'4' 8A5, )IU 0 (0 18"T 845.1 To Iron 0(0 :0 _______BW : ____ Concreteaim - Walk 845.a ManholeO Concrete (119.0 PLAT) 845. 844.81 845.O 58.33 35 39 Mark in S 89 °46'29" W 117.69' Concrete 844.74 844.71 Concrete 844.94 Curb 845.16 45 23 TCCC TCCC TCCC TCCb TCB' 53RD AVENUE N. Lot 1, and the South 13.5 feet of the West 21.15 feetof Lot 2, Block 3, HUMBOLT ADDITION This survey Is certified only to the above named person or personsand not to subsequent owners, mortgages or title Insurers. The only easements shown are from plots of record of information provided by client.All building dimensions and floor elevations must be verified by client. I hereby certify that this survey was prepared by me or undermy direct supervision, and that I am a duly Registered Land Surveyor under the lows of the State of Minnesota. Surveyed by us this 16TH day of August , 20_17 Signed Milton E. Hyland, Minn. Reg. No. 20262 Exhibit C U' 3CDCl) CD CD z0 Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-10 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-006 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKYLN CENTER FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-400, TABLE OF MINIMUM DISTRICT REQUIREMENTS, LOCATED AT 5301 JAMES AVENUE NORTH WHEREAS, Planning Commission Application No, 2017-006, submitted by the Economic Development Authority of Brooklyn Center, proposes a variance to City Code Section 35-400, to allow the minimum corner yard setback for a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District to be reduced from 15 feet to 10 feet, which would allow construction of a new single-family dwelling at the property located at 5301 James Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on September 14, 2017, whereby a planning staff report was presented and public testimony regarding the variance and site and building plan were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating and determining variances under City Code Section 35-240 and the Comprehensive Plan, and moreover those variance standards as provided under Minnesota State Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the Planning Commission considered and determined the appropriateness of said variance based on the following factors: a)the property owner's request to modify this property in a reasonable manner not permitted by the zoning ordinance is justifiable and reasonable in that the property would continue its use as a single- family residential dwelling in an area surrounded by residential properties; b)the plight of the landowner is due to circumstances unique to the property not created by the landowner, since the property was considered of legal record prior to December 19, 1957, and that, given the current minimum required width of a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District is 75 feet, the Applicant's circumstances are unique in that the lot is only 50-feet wide and therefore creates constraints; C) the variance, if granted, will not alter the essential character of the locality or the neighboring residential homes as the property would be PC RESOLUTION NO. 2017-10 developed as a single-family dwelling, which is consistent with the residential character of the surrounding area, and the reduced corner setback would be consistent with the residential properties located on either side of the property, along the north side of 53rd Avenue North; and d) Economic considerations alone did not constitute practical difficulties in this particular case. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2017-006 submitted by the Economic Development Authority of Brooklyn Center is hereby approved, subject the following conditions: No major modifications or expansions to the proposed single-family house will be permitted, except those illustrated on the submitted plans, and as considered exclusively under the submitted variance application request. Any deviation or modification to the submitted plans that do not meet the provisions of the City Zoning Ordinance or that result in an additional change to the requested corner yard setback variance will require separate consideration and approval; and 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. September 14, 2017 Date Chair 2 of 3 REQUEST: Variance for Reduced Corner Yard Setback 5301 JAMES AVENUE NORTH Source: Google Maps (2016 Imagery) Economic Development Authority of Brooklyn Center Planning Application No. 2017-006 City Council Meeting September 25, 2017 Agenda Item No. 9.a Property was the previous site of a foreclosed, single-family home in blighted conditions A cquired by the EDA of Brooklyn Center in 2009 Property currently under consideration of sale for proposed construction of new single-family house BACKGROUND Source: Google Maps (2016 Imagery) Applicant is requesting five (5) foot encroachment into the minimum required 15-foot corner yard setback along 53rd Avenue North to allow construction of new single-family house. Per Section 35-240 (Variances) of City Zoning Ordinance, “the Planning Commission, acting as the Board of Adjustments and Appeals, provides recommendations, and the City Council grants variances from the literal provisions of the Ordinance in instances where strict enforcement of the Ordinance would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration.” A variance may be granted by City Council after providing demonstration by “reasonable” test or justification that all of the Standards of Variances are met. REQUEST & ANALYSIS According to Minnesota Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, “Variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance and when the variances are consistent with the Comprehensive Plan. Variances may be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the Zoning Ordinance.” Practical difficulties would be: That the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; The plight of the landowner is due to circumstances unique to the property and not created by the landowner; and The variance, if granted, will not alter the essential character of the locality. Note: Economic considerations alone do not constitute practical difficulties. REQUEST & ANALYSIS (CONT.) REQUEST & ANALYSIS (CONT.) Source: Novak-Fleck, Inc. Site Plan (5301 James Ave N) Proposal is for development as single-family dwelling in an area surrounded by residential properties. Property is non-conforming with respect to minimum lot width provisions of enforce Zoning Ordinance Creates constraints as to buildable area Request is generally consistent with actual building setbacks of residential properties located along north side of 53rd Avenue North FINDINGS A Public Hearing was held at the Planning Commission meeting on September 14th Notices were mailed to surrounding property owners No comments or objections were received from the public Planning Commission adopted PC Resolution No. 2017-10 unanimously, and recommended City Council approval of Planning Application No. 2017-006 (variance request to reduce minimum required 15-foot corner yard setback to 10 feet), subject to certain conditions (as noted in the Council Resolution) Recommendation: Adopt the Resolution regarding the recommended disposition of Planning Commission Application No. 2017-006 submitted by the Economic Development Authority of Brooklyn Center for approval of a variance to City Code Section 35-400, Table of Minimum District Requirements, located at 5301 James Avenue North SUMMARY & RECOMMENDATION City C©uinidll Agda llm N© On #1 [EI1PJI1 I fl I I k!A L'A I MTA (I) 1'WI flJJ'Al DATE: September 25, 2017 TO: Curt Boganey, City Manag/ FROM: Sharon Knutson, City Clerk h4 SUBJECT: Type IV 6-Month Provisional Rental License for 6307 Scott 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 6307 Scott 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 dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on seventeen (17) 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: 01-23-2017 The Owner, lasis, LLC, applied for renewal of the rental dwelling license for 6307 Scott Ave N, a single family dwelling. 04-30-2017 The previous rental license expired. 05-16-2017 An initial rental license inspection was conducted and failed. 17 property code violations were cited, see attached rental criteria. 06-16-2017 A second rental inspection was not conducted and no access was granted at time of inspection. A $100 reinspection fee was charged to the property. 06-19-2017 A third inspection was conducted and corrections complete; however, reinspection fees were not paid. Mission: Ensuring an attractive, clean, sail?, inclusive conununhty that enhances the quality of lift for al/people and preserves the public (rust EI]JISJ I N U U 3lhYA UhYA I Ik'A (SI UI P1IJAI 06-22-2017 The $100 reinspection fee was paid and rental license 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-21-2017 A Mitigation Plan was submitted. 08-30-2017 The Mitigation Plan was finalized. 09-18-2017 A $300 Administrative Citation was issued for renting without a license 09-18-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 25, 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 Ordinance s : 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 Alission: Ensuring an attractive, clean, safe, inclusive coniniunity that enhances the quality of life for all people and preserves the public trust [i[I1UII I fl Dk'A UYA I Dk'A (0) 1iI I1IJYA 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. iktission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality q/ljte for all people and preserves the public trust EI1IJ[SJ I N I k'A U'A I Ik'4 (I) 1I I1SJii Rental License Category Criteria Policy Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an altractive, clean, safe, inclusive coniniunily that enhances the quality of lift for all people and preserves the public trust III]JJ(SJ I fl N M4 I'A I II'A (I] 1I )1IJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive conzinunilv that enhances the quality of left for all people and preserves the public trust [II1BJ[S1 I RIM flk'4 U I Fill 'A 0) 1iI QUJkJ Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring all attractive, clean, safe, inclusive coniniunhly that enhances the quality of'ljfi' for all people and preserves the public trust )BUILDING AND COMMUNITY STAND SCity of BROOXLYN, Rental License ZlIan CENTER Type M License Handwritten Act/on Plans will not be accepted. A tillable form can be found on the Citys website at wwvi.cityofbrooklyncenier.org or call (763) 5$93330 to have an electronic copy sent to you via email, Property Address: 6307 Scott Owners Name(s): tn&e Owner's Address: 4542 Ncalkt /wo S Local Agent(s): Josh Lirnborg Steve Bartley Agents Address: 4542 Mcdlot Ave S Owner's Phone: (651) 408 -5 -22 1 Agent's Phone: (612) 3096588 Owners Email: oh ewkinmun JgrnaiL corn Agent's Email: Josh@urbanrent.com Previous Expiration Date: M J) Vi Current Expiration Date: 10 15%1 1-7 Based on property conditions and/or validated polite nuisance Incidents, the above referenced property qualifies for a Type UI-I Year Rental License. A fully completed Action Plan must be completed immediately and approved by City staff in order to ensure timely completion of the license application process. The Action Plan should indicate the stops being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. An Action Plan allows (ho owner and the City to review concerns and identity possible solutions to improve overall conditions of the property. lithe Action Plan is not submitted, or all items are not completed within the license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out sections A, B, and C located on pages 2, 3, and 4. Pn V Type Ill Rec:h?! Ltc'nto Acifco Flom, Fsv, 044415 Cfty of yoo ltl yn Center—BuiIdth ud Comiunity Standards :Dpartniexd w.ey000kIyncon1orOf9 rThOi Shhu Ccot P.3lhwy, Brookin CEnto, M.'J 543 2%t39 I Phone: (763) 633'3330I TTY:7 10 I Fax: (163) 56933GO — BUILDING AND COMMUNITY STANDARDS City of IBROOJLYN I Rental License Mitigation Plan,CENTER Type IV License Sections A—Crime Free Housing Program Requiremen t s Phase I 1)Use a written lease agreement The lease agreement shaU include the Crime Free - Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan whensubmllted 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any add endums. 3)Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 4)Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onus scheduled for: Owner or agent attended/is planning to attend training at city of: 5) Submit Monthly Update by the 10 day of each month. Phase II 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department To schedule an initial or follow-up Security Assessment call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verily the security improvements have been implemented If a Security Assessment has been previously completed, write the completion date, Security Assessment was completed onus scheduled fort 'IL. ' I&Security Assessment follow-up was completed on/is scheduled far: Continue Sections A, Phase Ill on page 3. P:o 2/6 Typo IV RontaIUroo Migamt Iov. 41416 City of Bøo1dyx c tt—ifldlng Cxrnnuntty 5tazdds epao1 wwyororok1yflContor.Or9 6301 Snk Crk Prkhy, ayn Conr, MN 5430-219 Ponc. (763) 5660330 I 'TY; 711 1 Fix (763) 569-3360 BUILDING AND COMMUNITY STANDARDS IORLYN Rental License Mitigation Plan Type IV License Sections A—Crime Free Housing Program Requirements (continued) Phase III J 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting, Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R. meetings scheduled on: 9114h 7 and 1 119117 2) Have no repeat code violations previously documented with the past year, The following actions are required for properties with four (4) or more units, 1)Conduct resident training annually that includes crime prevention techniques. 2)Conduct regular resident meetings. p1, Tjpo IVr?bI Lieno PIm, 1o14 4-14-15 City of3rk1yn C Building and Cbrnniundty Slaudards Zeptment 6301 Shiftgk Gcu Oookn Coutr, MN b64302 tOO I IThoe: (763) 500-3330 1Tu 711 I P (763)069-3360 BUILDING AND COMMUNITY T A S R^Yc& Rental Lic eCENTER Type III License Sections B—Long Thrm Capital Improvement Plan Based on condition and ago, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Date. Dates such as "uneure 'don't know", or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found at www,hudgov. Item Date Last Replaced Example: Water I-lea/er May 2010 Furnace May 100 Water Heater M201?ay Kitchen Appliances May 2012 Laundry Appliances May Smoke Alarms! Carbon Monoxide Alarms DacflbO 2016 ExLeriorjj Paint/Siding Windows Roof Fence NA Stied NA Garage NA Driveway 1900, Sidewalks NA Other: Condition* Expected Replacement Date F May 2020 May 2019 May 2020 May2021 May 2021 Dacombor 2019 2020 2020 2030 F1l mx 2040 mx Conditou AbbrvlaUons: WwN GoodG FirF Needs ReplacemontR Pja 3/5 Tyx /11 Rotml LJcoaso Aclon P/oa, Roy, Ol41 cit y of lhookl yx Contcr—B uilding juAd Co imttntty Stndard Depar -hnoxtt wwi,.1yhcaouycfltorcr9 6301 Shr Cr e Py, 8royn Coner MN 564302 190 Pmxru (163) 5633S30 flY: 71 1 Fa x : (763) 5603360 BUILDING AND COMMUNITY T13R(T SCity of ENTER Type Ill License LYN RentalLicJnC Cl Sections C—Stops to improve Management and Conditions of Ptoporty The items in this section have been proven to assist with property management and property image. The following actions are required: 1) Check-in with tenants every 3Odays. [] 2) Drive by property to check for possible code violations. f9 3) Evict tenants in violation of the lease or any addendums. 4)Remain current on all utility foes, (axes, assessments, fines, penalties, and, other financial cluinis!paymonts duo to the City. 5)Other: The following actions are optional unless required by the City. j 1) Provide lawn/snow service. 2) Provide garbage service, f ' 3) Install security system. 4) Provide maintenance service plan for appliances Name of service company: fl 5) Other: If the Type IIPI Year Rental License is approved by the City Council, the licensee must comply with the approved Action Plan and all applicable City Codes An Action Plan may be requested outside of the license review process to establish a plan for long-term property management solutions. Please attach additional information if necessary, Pago 4/5 TypIIiFntLkseAionP/<o, Rv04-I446 City of 11yhCeii-3uI1dh1g and Community Standards Dpaxtxnet wcobrookIynomtr.or 6301 Sifre Cr&< Pukway, ru'<yn Cene MN 664 3O2 190 Pbere (763) 5634330 1 TM 71l I a: /63) 5603360 tffrW BUILDING AND COMMUNITY S DA S City of 1307 St Rental LIcensiCENTERType III License Sign and Verify 1 verify that all information provided is two and OCOUrate. I understand that if I do not comply with the approved Action Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations formal complaints, or license review may result. Josh Lirnbtq OsnororAqor1 Nano and 7io (Please Prmal Josh Li rn berg flall stJnod by Josh Llrnborg Oao: 2O17J)821 16:57:23 0500' 8.2112017 Owner or Agent Signature bate Additional Owner or Agent Name and Title a Applicable, Please Print) J o h Lo:ghatty signed by Josh LnibCrgS erg Date: 2017.06.11 09:36:55 050O Additional Ownev or Agent Sgnoturo (1tAppiicob10) Onto City Staff Only - -- Police Department Onto Bufding o d Goinmunity Standards Dopwfrnont Date Rugp !W6 Typo Jill otalLicon /eJien Plan, Rev, 044445 City oiBrtoklyn center—Bui1dtn and Community Standards Department WWW.CyObmOkIYnCOntCf.mg G01 S n.jle Orek Rnhwoy, ircotdyn Center, MN 65450-2i9 I Phone: (763) 663'3330 11?: 711 I Fax:(763)SO-3360 Oty CJif1©il Ag©thft ll©m N©0 i© #2 [EI1ih[iJ IU N I 3k'1 U'A I k'A (I) II 11A"A I DATE: September 25, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JW'd py l^ SUBJECT: Type IV 6-Month Provisional Rental License for 5510 France 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 5510 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 license was a Type IV Rental License issued on November 14, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on six (6) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed attend to 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. Current rental license approval activities: 01-23-2017 The owner, lasis, LLC, applied for renewal of the rental dwelling license for 5510 France Ave N, a single family dwelling. 04-30-2017 The previous Type IV Rental License expired. )tjssio,i; Ensuring nit attractive, clean, safe, inclusive conitnunhip that en/sauces the quality Of Ife for all people and preserves the public tins! [i1Wk[iI I fl U aIYA I'A I ak'A (SI UI WJI 05-16-2017 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 06-19-2017 A second inspection was conducted and passed. 07-07-2017 City records indicate zero 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. 08-21-2017 A Mitigation Plan was submitted. 08-30-20 17 The Mitigation Plan was finalized. 09-18-2017 A $300 Administrative Citation was issued for renting without a license. 09-18-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 25, 2017. Prior Type IV Rental License approval activities: 07-18-2016 The Owner, Kin Chew, applied for renewal of the rental dwelling license for 5510 France Ave N a single family dwelling. 08-12-2016 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 09-13-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-25-2016 The $100 reinspection fee was paid. 09-29-2016 A third inspection was conducted and passed. 10-05-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-05-2016 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. 10-21-2016 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. 10-25-2016 A Mitigation Plan was submitted. 10-28-2016 The Mitigation Plan was finalized. 10-31-2016 The previous rental license expired. 11-07-2016 A letter was sent to the owner notifying that the hearing before the Council will be held November 14, 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 i'4ision: Ensuring an attractive, clean, safe, inclusive conununuty that enhances the quality of 1sfe for all people and preserves the public trust IEi1IJ[i1 I • I N ak'A LA I ah'4 [I) 1'WI P]iJ'A I 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 pian 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 3'I!ss!on: Ensuring an attractive, clean, su/', inclusive con ilnunsty that enhances the quality of lift for all people and preserves the public trust [i[S1IJSJ SR IDk'A I I 1hYA (I] 1I I1SJ!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. Mission: Ensuring an attractive, clean, saTh inclusive coninmuily that enhances the quality OJ'ljfi? fre all people and preserves the public trust :iisrii I fl N N k'4 I'A I k'4 0] UI WJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive cominuluty that enhances the quality of lift for all people and preserves the public (rust [EI1SI[J I fl I Ik'A U I I4 (I) t11I $iIAJ 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 5510 France Ave N Mission: Ensuring an attractive, clean, safe, inclusive comniundy that enhances the quality of lift for all people and preserves the public has! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5510 FRANCE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5510 France Ave N, was issued a Type IV Rental License on November 14, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5510 France 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 5510 France Ave N, Brooklyn Center, MN. September 25, 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. Property Address: 5510 Franco Owners Name(s): Iasis Owners Address: 4542 Nicotot Ave S Local Agent(s): Josh Lirnhor0 Steve Bartley Agents Address: 4542 Nicollet Ave $ Owners Phone: (CCI) 4685221 Agents Phone: (M)30-668 8 Owner Emall: chewkin rnungmaiLcom Agents Email Josh@urbanreflt corn Previous Expiration Date: L 1 6 0111 Current Expiration Date: o j Based on property conditions and/or validated police nuisance incidents the above referenced property qualifies tore Type 1111 Year Rental License. A fully completed Action Plan must be completed immediately arid approved by City staff in order to ensure timely completion of the license application process. The Action Plan should indicate the steps being taken to correct identified violations and the measures that will be taker to ensure ongoing compliance with City Ordinances and applicable codes. An Action Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. lithe Action Plan is not submitted or all items are not completed within the license period or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint or license review may result Before submitting, till-out sections A, B, and C located on pages 2, 3, and 4. Po9 //5 Typo UI !onhN Lfcooso MSco PSrn Roy, 0444/5 City of Bro1dyn COn Buit1ng and CornlnOnilY Siandnxds ntmont VV,W.YOft)(0OtIflt0t.Cr5 630 $hin!o CroPotkcoy 8okiyn ccnM, MN C54302 108 1 tThcno (/63) 563430 I TTY 711 I Pox: (763) 5694360 BUILDING AND COMMUNITY STANDARDS City of. BROOKLYNCENTER p i (js fl( Rental License Mitigation Plan Type IV License Sections A—Cr/me Free Housing Program Requirements Phase I Ei 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted, ?J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addndums. 3) Conduct criminal background check for all new prospective tenants, If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. j7J 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training and Eve nts tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for: 5116(09 Owner or agent attended/is planning to attend training at city of: j 5) Submit Monthly Update by the 10th day of each month. Phase If 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-tip Security Assessment, call (763) 5693344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for: Security Assessment follow-up was completed on/is scheduled for: Continue Sections A Phase Ill on page 3. Pq 2/6 Yypr, IV lorLiconso Mit(Ot Pkm, Nov, 4415 City of Brooklyn Center—Building and Community Standards Department ww,cityobro1ynroi 6O1 Shtiglo Crk Ookiyn C.nte, MN 64302 109 1 Phere: (76) 569'3330 l ir 711 I (/63) 669336O City of BUILDING AND COMMUNITY STANDARDS Rental License Mitigation Plan ENTER Type IV License Sections A—Crime Free Housing Program Requirements (continued) Phase III 7J 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The AAM. meetings must be completed within the rental license period and before the pending Type 1V License expiration date, Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: and 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units, LI 1) Conduct resident training annually that includes crime prevention techniques. fl 2) Conduct regular resident meetings. Pogo YO Typo lv Ronla! License M;tgatien Plan, Roy, 444-15 City4of Uro1dyn Certer-3uUdhtg and CojptmunilyStudxds flepamnt wwyorooJyncontorOg 6Oi Shingto Creek Pcuttay, Brooklyn Center, MN 5302i99 1 Phone (763) 55-3330 I TTY 711 1 Fc (763) 589330 BUILDING AND COMMUNITY STANDARD OtbLYN 5510 France Rental Licensi PI Type III License Sections F3—'Lonj Term Capita! Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimator! Iopkwoment Date. Dates such as: "unsure", "dont know", or when broken" will not be accepted. if you are unsure of when an item will need to be replaced, you can make a prediction based on the ago, appearance, condition, or manufacture/industry recommendations. Additional information on Epoctod Useful Life can be found at .wiw.hud.gov. Item Date Last Replaced Condition Expected Replacement Date Example: Wetor Heater May 2010 F May 2020 Furnace May 2008May 2019 Water Heater MOy 2011 May 2020 Kitchen Appliances May 2010 May 2021 Laundry Appliances ft 2010 May 201nces Smoke Alarms/ Carbon Monoxide Alarms Duacoiber 2016 December 2019 Exterior Items Paint/Siding 2 0 Windows 2009 2020 Roof 2007 2030 Fence NA Shed NA Garage Driveway 2040 Sidewalks NA na Other: Condition Abbreviations: Nov.N GoodG FarrF Needs ReplaccmenfR Paqo 2/5 Typo Ill floii,161 Lkoiio Ac/Ion Plan, Rev. 04-14-15 City of Boo1dyr Center—Building and Community Standards Department waw 0301 3ri1 I o Cree rwa Y, Rrao IN' tyn Center, MN 5302193 1 P.no: (763) 5$31330 1 flY: 711 1 1e (163) 569.3360 BUILDING AND COMMUNITY STA DABDS City ofXBROOXLYN 1O Rental LicensCENTER Type III License Sections C—.Steps to Imprnvo Management and Conditions of Property The items in this section have been proven to assist with proper' management and property Image. The following actions are required: j 1) Check-in with tenants every 30days. yj 2) Drive by property to check for possible code violations, J 3) Evict tenants in violation of the lease or any addendums. j 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other flnandal claims/payments due to the City. 5) Other: The following actions are optional unless required by the City. f 7J 1) Provide lawn/snow service. 2)Provide garbage service. 3)Install security system. tj 4) Provide maintenance service plan for appliances. Name of service company:F] 5) Other: - if the Type 111-.1 Year Rental License is approved by the City Council, the licensee most comply with the approved Action Plan and all applicable City Codes, An Action Plan may be requested outside of the license review process to establish a plan for long-term property management solutions. Please attach additional Information if necessary. Vaqo 4/5 111 U,e& Lkenso AcMii Pan, Roy. O4-i4-5 Cfty ofrQeklya Coner—Bufldtng and Community Standards Doartmout wv.dlly000'eyicenor.otn C301 Slng'o Crook Parkway, E3raakiyn Contot, MN 5542O2a3e l Phono (703) 503-3330 I TT 7i i 1ax (103)569.3300 6UILDING AND COMMUNITY STANDATW City of i51O rrnro Rental License A tr. ]anCENTERType III Licens e Sign and Verify I verily that all information provided is true and accurate. I understand that ill do not comply with the approved Action Plan, comply with sU items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, format complaints, or license review may result. 4mb limberg O,rerAqcnl end title 'P!eo PdniJ Josh Li mberg 8121J2017 Owner or Ajni Sigmmwro Additional Owner OrAçiCE?i Womo nnd TWO (l(Applicabfo Ploeso Pth josh L ' b OiitoUy signed by Josh LimbemOS Lim berg Addiilonmil Owner or Ajnnt JgnniurO (if Appltcabte Dolo City Staff Only Police Department DtC /JJ4 Pwki nOd Co,nmu:nty Standards Dopattmont Data Jac 515 Typo 10 Rode! Licneo MUon P/ce, Rev. 04-14-15 City ofDtooklyn Centex—fluildhig and Community Standards Doplitent wvrnvitybrcekIncOnte(Qmg 6301 S'e Caot PcOway, Breekn Ceiier, MN 55430-2m9 1 Pere: (763) 563-3330 1 IT?: 711 1 Fox: (763) 560-3360 City Couitidil Agenda Hem No lOb COUNCJ{IL iTEM MEMORANIUM DATE: September 25, 2017 TO: Curt Boganey, City Managf FROM: Nathan Reinhardt, Finance Director tAL' SUBJECT: Preliminary 2018 Property Tax Levy and Budget Recommendation: It is recommended that the City Council consider approval /adoption of two resolutions. The first resolution establishes the preliminary property tax levy for the 2018 fiscal year. This levy, upon adoption, becomes the maximum levy allowed to the City for the 2018 fiscal year. The second resolution adopts the preliminary budgets for those funds using portions of the property tax levy for operations. Background: Each year the City is required by State Law to establish a maximum levy and preliminary budget for the use of that levy. Once adopted, the City may not increase the levy but the levy may be decreased. Citizens will receive notice of the maximum levy with their tax notice in the fall. On December 4, 2017 the City Council will hold a public hearing and adopt the final levy and the final spending plan (budget) for all funds. By City Charter the City Manager is responsible for presenting a balanced budget to the City Council. The City Council has adopted a set of fiscal policies that provide guidance and parameters for the budget. Additionally, the City Council has adopted strategic priorities and the budget reflects resources allocated to the achievement of those strategic priorities. Over the last few months the City Council and Financial Commission have met to review and discuss the proposed preliminary budget. Between now and December, additional review will be conducted as we establish final budgets for the General Fund and all other fund budgets. Budget Issues: The maximum levy proposed in the attached resolution for the City of Brooklyn Center is $17,105,950 which compares to $16,194,914 in 2017. The proposed dollar increase is $911,036 which is equal to 5.63%. The preliminary levy approved by the Housing and Redevelopment Authority (HRA) is $345,978 which compares to $329,079 in 2017. The dollar increase in the HRA levy is $16,899 which is equal to 5.14%. Mission: Ensuring an attractive, c/eu,,, safe, inclusive coinniuiutv that enhances the qiiuhty of life for all people aiid preserves the pa b/ic trust This increase, if adopted will have varying impacts on individual properties based on their change in taxable value. The following chart illustrates changes in taxable values between the classifications of residential, commercial, industrial, and apartments: Preliminary Taxable Market Value Estimates Class Payable 2017 Estimated 2018 Change(% Commercial $299,718,000 $320,445,800 6.9% Industrial 122,847,200 131,139,800 6.8% Residential 1,041,016,915 1,187,127,519 14.0% Apartment 213,457,800 235,949,040 10.5% Other 456,000 469,000 2.9% Totals $1,677,496,115 $1.875.131.159 11.8% As illustrated by the chart, increases in market value continue to be driven by residential, commercial and apartment property value increases. Most homestead residential properties will see an increase in taxable market value for the fourth consecutive year. Strategic Priorities: The proposed preliminary budget is intended to maintain current levels of service and prioritize the accomplishment of the City Council's strategic priorities: • Resident Economic Stability • Targeted Redevelopment • Enhanced Community Image • Inclusive Community Engagement • Safe, Secure, and Stable Community • Key Infrastructure Investments ilzliss!oii: Ensuring an attractive, e/ea,i, sate, inclusive coinniuniti' that en/sauces the quality of life for all people and preserves the public trust U)'. U) ooO 0 C4 EAMAim C'.J )C)COç . c) N- N(3)QCOCC C)U)N- (0C'JG)N-Cl)C)0 cc acoc'j Q c co cji( C)C) C)O N100)QCCC" 0 (0 (C) (C) CO Lo I'co toN-C)C) >co t0) Q(L to-o LU CO IC) C))Cl 0 0) ('4 ('4 ('4 (0 C') 2 ('1 (00 (O —--N.C)ro CON-(0 .OC 't0 'IT C) LO (Y) 6--üC)co ir) oc'J. ('4C"4CO'C) (NCl) IC)CC 00 cOCJtC)CO100 CD 00 - I 'co(UC'4 0)C C6 06- CL° (0 (C) (Y)(D(N(OC')to QCl) —J ("J (0COO 0)C')(0too LC)('JO) (6 C6 ' Q0 co 'IT o)C') CONS CC(N >'>>>>>>>cDU)cDU) (I)U) 00000) UDU >() WU)U)U)M E E E E- WøU)U)XE >>>>2222UJ E E E E I->0 U) -2 U) C 0 (I) (I) N- 0 IC) co(1) C (0 r r r r CU)QC)O0OO , c 0 0 (N o o I- City of Brooklyn Center 2018 Budget General Fund Revenue Summary 2015 2016 Object Code / Description Actual Actual 2017 June YTD 2017 Budget 2018 Change 10100 GENERAL FUND PROPERTYTAXES $ 14,107,934 $ 14,553,884 $ 6,386,500 $ 15,278,667 $ 15,879,417 3.93% TAX INCREMENTS 348,680 414,970 -380,000 360,000 -5.26% LODGING TAXES 1,075,425 1,159,519 404,950 1050,000 1,100,000 4.76% TOTAL TAXES 15,532,039 16,128,373 6,791,450 16,708,667 17,339,417 3.77% LICENSES 323,833 295,318 127,935 297,655 288,375 -3.12% PERMITS 535,701 636,733 286,466 430,900 488,250 13.31% TOTAL LICENSES & PERMITS 859,534 932,051 414,401 728,555 776,625 6.60% FEDERAL -620 ---0.00% STATE 1,313,252 1,352,613 12,184 1,336,253 1,497,819 12.09% COUNTY 8,000 3,014 ---0.00% LOCAL 89,443 110,094 37,376 94,000 97,000 3.19% TOTAL INTERGOVERNMENTAL 1,410,695 1,466,341 49,560 1,430,253 1,594,819 11.51% GENERALGOVERNMENT 180,198 139,470 58,158 120,300 110,000 -8.56% PUBLIC SAFETY 12,968 18,789 24,661 15,250 95,250 524.59% COMMUNITY DEVELOPMENT 1,240 5,785 8,210 46,000 46,000 0.00% PARKS & RECREATION 232,707 224,771 110,919 257,775 267,300 3.70% COMMUNITY CENTER 322,456 377,016 186,142 394,770 - 403,950 2.33% TOTAL CHARGES FOR SERVICES 749,569 765,831 388,090 834,095 922,500 10.60% SPECIAL ASSESSMENTS 148,234 122,988 2,000 130,000 100,000 -23.08% FINES & FORFEITURES 268,116 211,712 112,873 262,500 231,500 .11.81% INVESTMENT EARNINGS 62,276 66,348 51,217 77,990 79,975 2.55% MISCELLANEOUS 142,800 298,154 23,254 125,950 151,200 20.05% TRANSFERS IN 201,684 134,605 -150,000 150,000 0.00% 10100 GENERAL FUND REVENUES $19,374,947 $ 20,126,403 $ 7.832,845 $ 20,448.010 $ 21,346,036 4.39% City of Brooklyn Center 2018 Budget General Fund - Expenditure Summary by Function 2017 2015 2016 June 2017 2018 Object Code I Description Actual Actual YTD Budget Budget Change10100 GENERAL FUND 41110 MAYOR & COUNCIL $ 123,085 $ 107,560 $ 64,614 $123,686 $ 124,384 0.56% 41320 CITY MANAGER 349,570 312,189 213,162 448,006 359,807 -19.69%41410 ELECTIONS 75,709 108,324 40,104 93,958 134,520 43.17% 41430 CITY CLERK 181,066 192,495 86,128 183,216 185,428 1.21% 41520 FINANCE 524,400 584,600 310,603 588,757 617,724 4.92% 41550 ASSESSING 202,443 190,136 205 206,000 206,025 0.01% 41610 LEGAL 427,511 380,251 163,325 435,000 415,000 -4.60% 41710 COMMUNICATION & ENGAGEMENT ----205,850 100.00% 41810 HUMAN RESOURCES 327,229 430,235 170,002 354,361 417,107 17.71% 41920 INFORMATION TECHNOLOGY 447,731 507,685 248,548 615,585 622,680 1.15% 41940 GOVERNMENT BUILDINGS 709,588 805,736 419,585 848,964 866,117 2.02% GENERAL GOVERNMENT 3,368332 _3,6 1 9,211 1,716,276 3,897,533 4,154,642 6.60% 42110 ADMINISTRATION 320,245 296,559 157,932 316,399 353,861 11.84% 42120 INVESTIGATION 845,986 917,947 459,782 938,538 965,995 2.93% 42123 PATROL 5,253,688 5,433,430 2,691,7805,692,6856,092,825 7.03% 42151 SUPPORT SERVICES 851,457 929,181 462,852 1,001,710 1,018,018 1.63% 42170 STATION & BUILDINGS 228,932 209 ,945 103,704 233,101 230,400 -1.16% POLICE 7,500,308 7,787,062 3876,050 8,182,433 8,661,099 5.85% 42210 FIRE 1,099,745 1,157,691 606,888 1,419,669 1,404,389 -1.08% 42510 EMERGENCY PREPAREDNESS 78,872 80,669 2,570 11,790 11,940 1.27% FIRE 1,178,617 1,238,360 609,458 1,431,4591,416,329 -1.06% 41910 PLANNING & ZONING 111,770 140,813 53,097 176,153 194,708 10.53% 42410 BUILDING INSPECTIONS 526,144 471,042 210,636 527,716 --100.00% 42411 CODE ENFORCEMENT 492,338 430,686 251,726 600,773 --100.00% 42420 BUILDING & COMMUNITY STANDARDS ----1,021,953 100.00% 46320 COMMUNITY DEVELOPMENT ADMIN ----194,847 100.00% COMMUNITY DEVELOPMENT 1,130,252 1,042,541 515,4591,304,642 1,411,508 8.19% 43110 ENGINEERING 742,067 807,314 428,422 902,899 899,529 -0.37% 43220 STREET MAINTENANCE 1,307,517 1,291,375 614,585 1,496,275 1,535,993 2.65% 43221 TRAFFIC CONTROL 207,237 230,971 114,023 233,246 267,175 14.55% 45201 PARK FACILITIES 926,269 967,570 448,967 1,045,855 1,097,232 4.91% 45204 FORESTRY 98,913 96,426 45,786 108,536 114,390 5.39% PUBLIC WORKS 3,282,003 3,393,656 1,651,783 3,786,811 3,914,3193.37% 45010 ADMINISTRATION 221,922 230,172 109,377 230,193 237,921 3.36% 45110 REC ADMINISTRATION 466,231 504,845 230,758 507,642 519,918 2.42% 45111 ADULT PROGRAMS 152,815 161,560 79,801 171,122 167,038 -2.39% 45112 TEEN PROGRAMS 6,889 --6,928 6,600 -4.73% 45113 YOUTH PROGRAMS 61,856 80,226 35,420 92,841 98,389 5.98% 45119 GENERAL RECREATION 19,604 39,112 22,975 60,846 61,489 1.06% 45122 COMMUNITY CENTER 205,978 171,530 65,272 221,095 259,814 17.51% 45124 POOL 331,783 376,517 168,550 378,295 378,780 0.13% CARS 1,467,078 1,563,962 712,153 1,668,962 1,729,949 3.65% 44110 JOINT POWERS 135,604 136,349 86,059 180,000 187,000 3.89% 45310 CONVENTION & TOURISM 510,827 550,772 198,458 498,750 522,500 4.76% 48140 INSURANCE 230,968 258,850 115,080 220,610 234,219 6.17% 48150 CENTRAL SUPPLIES 219,158 268,969 165,663 132,294 (2,375)-101.80% NON-DEPARTMENTAL 1,096,557 1,214,940 565,260 1,031,654 941,344 -8.75% 48170 INTERFUND REIMBURSEMENT (66,591)(205,838)(519,748)(1,040,484)(1,083,154)4.10% 48210 TRANSFERS OUT 267,552 202,536 -185,000 200,000 8.11% TRANSFERS 200,961 (3,302)(519,748)(855,484)(883,154)3.23% 10100 GENERAL FUND EXPENDITURES $ 19,224,108 $ 19,856.430 $ 9.126,691 $ 20,448,010 $ 21,346,036 4.39% Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2018 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2018 be provided to the Hennepin County Auditor no later than September 30, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund Tax Capacity Based General Tax Limited Levy Abatement Levy Subtotal for General Fund Levies Debt Service - Tax Capacity Based Public Improvement Bond Levy Total City Levy Housing and Redevelopment Authority - Market Value Based HRA Tax Levy $15,904,823 59.000 $15,963,823 $1,142,127 $17,105,950 $345,978 September 25, 2017 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2018 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that apreliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and WHEREAS, a preliminary property tax levy of $17,105,950 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City douncil of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: (rener2l Piinrl Property Taxes (net)$15,879,417 Excess Tax Increment 360,000 Sales Tax - Lodging Tax Gross Receipts 1,100,000 Licenses & Permits 776,625 Local Government Aid 884,454 Other Intergovernmental Revenues 710,365 General Government Service Charges 110,000 Recreation Fees and Charges 671,250 Public Safety Service Charges 95,250 Community Development 46,000 Fines & Forfeitures 231,500 Miscellaneous Revenues 231,175 Special Assessments 100,000 Other Financing Sources 150,000 Subtotal General Fund $21,346,036 Debt Service 2013B General Obligation Improvement Bond Levy $396,739 2015A General Obligation Improvement Bond Levy 250,961 2016A General Obligation Improvement Bond Levy 213,465 2017A General Obligation Improvement Bond Levy 280,962 Subtotal Debt Service $1,142,127 Housing and Redevelopment Authority Property Tax Levy $345,978 TOTAL BUDGETED REVENUES $21834A41 EXPENDITURE APPROPRIATIONS: General Fund General Government $3,268,525 General Government Buildings 886,117 Police 8,661,099 Fire & Emergency Preparedness 1,416,329 Community Development 1,411,508 Public Works 3,914,319 Community Activities, Recreation & Services 1,729,949 Convention and Tourism 522,500 Joint Powers 187,000 Insurance 234,219 Central Supplies (2,375) Reimbursements from Other Funds (1,083,154) Transfers to Other Funds 200,000 Subtotal General Fund $21,346,036 Debt Service 2013B General Obligation Improvement Bond Levy $396,739 2015A General Obligation Improvement Bond Levy 250,961 2016A General Obligation Improvement Bond Levy 213,465 2017A General Obligation Improvement Bond Levy 280,962 Subtotal Debt Service $1,142,127 Housing & Redevelopment Authority Transfer to Economic Development Authority $345,978 TOAL BUDGETED APPROPRIATIONS $22.834.141 September 25, 2017 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. 0) co 045C) 0) 0-I CD(N LU(N a) Ea) 0a) C')>c •.E00_-coo) 0 Co 000 N(0 >ci)I . 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IL all] t!1MS]hI I)kI Affordable Housing Policies :DI ]kIIl lI1S) 1 tu$tSlt1a'LI]1 I1DFi [I]h11 Later/Ongoing 1.Liquor Licensing Update - October 2.Everybody In Update - October 3.Conducting City Council Business Electronically - October 4.Policy Regarding Commercial Filming within the City Limits - October 5.Legislative Agenda - November 6.Food Trucks Update - November 7.South Opportunity Site Development 8.Community Dialogue Follow-Sup 9. Brooklyn Boulevard Corridor Update Work SeSsitoffil Agen da Hem No. 11 kA I MA 011 UI I1UIi[I1IJh[SJ I S!eYli) 1 N1 EII1 [i)I DATE: September 21, 2017 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Affordable Housing Policies Recommendation: It is recommended that the City Council consider providing direction to staff regarding actions to take in response to the presentation on affordable housing made on August 14"' 2017 Background: On August 14th the City Council received a presentation by representatives of African Career and Education Resource Inc. (ACER) and Community Action Partnership of Hennepin County (CAPHC) regarding the affordable housing crisis affecting residents through our the region and specifically Brooklyn Center. I have enclosed a copy of the handout and the power point presented at the meeting for your reference. Following the conclusion of the meeting a dialogue Council member expressed an interest in further discussion and directed staff to place this item on a future work session for discussion. While the presentation and background information outline multiple issues and strategy recommendations to address the affordable housing shortage, the presenters asked the Council to initially consider three specific strategies: o Advanced Notice of Intent to Sell o This strategy would require the owner of an affordable rental apartment complex "naturally occurring affordable housing" (NOAH) to provide public notice of their plans to sell their apartments. During the advance notice period affordable housing advocates would have an opportunity to find a buyer that might be willing to retain the property as affordable housing. o Just Cause Eviction o This strategy would provide that a landlord could only evict a tenant for just cause. The intent is to make it difficult for landlords to evict tenants simply to clear the apartments in an effort to raise rents and replace tenants who have consistently met their legal tenant obligations for many years. o Ensure acceptance of housing subsidies o Essentially the purpose of this strategy is to require landlords accept a Section 8 voucher from a tenant who meets all other tenant acceptance standards. if isviiz: Ensuri1 , an ati1adllL', clean, safe, inclusive co;ninunit that enhances the quality , of life Jo; till people and preserves the pith/ic tens! RU [U 1IiI 1uJ i1i1Ih[iI I m!LI) 1 Eb'f1 [S)il Policy Issues: We are asking the City Council to deliberate regarding the issue of affordable housing in Brooklyn Center and to provide staff with further direction. While this can be a very complex issue staff would like to know the following: o Does the Council agree that there is an affordable housing problem in Brooklyn Center as outlined by the presenters? o If there is a problem as described should the City pursue new policies to address the issue? o What affordable housing policies should we explore/or implement? o What additional information does the Council need before it can determine what actions, polices or direction to pursue? Strategic Priorities: o Resident Economic Stability Enclosed August 14'h session-minutes August 14th work session-packet Discussion Power Point Responding to the threat... memo Civil Rights Blue Print Mission: Ensuring an (1ttlQCIIVC, clean, safe. inclusive coInIflunitj' (hut enhances the quality of life Jot iii! people and preservesaries (lie public trust MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPFN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 14, 2017 CITY HALL - COUNCIL CHAMBERS V11tW] a a The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:59 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Dan Ryan, Kris Lawrence- Anderson, April Graves, and Marquita Butler were present. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. AFRICAN CAREER AND EDUCATION RESOURCE, INC. (ACER) AFFORDABLE HOUSING - CITY MANAGER Denise Butler, ACER Project Manager, Nelima Sitati Munene, ACER Executive Director, and Christine Hart with Community Action Partnership of Hennepin County Community Development provided a presentation on the background and purpose of this item. Councilmember/Commissioner Ryan stated in the Star Tribune newspaper, there was an article on the issue of landlords deciding not to take Section 8 anymore and noted it is now in litigation. He stated in some of these cases they may need to wait to see how the items in litigation play out before they can decide how to proceed and help with these issues. Mayor/President Willson asked what the State Legislature has indicated they are looking to do regarding the suggested local ordinances, Ms. Hart stated cities are still moving forward with these ordinances and then hoping the State makes some changes. Councilmember/Cornmjssjoner Graves stated she believes there are some items they are already working on but there are a few she believes they could look at. Mayor/President Willson stated he agrees with Councilmember/Commissioner Graves and also would like to explore and continue conversations on these issues. He stated at the Mayor's conference recently, they discussed the same issues and at a City level, they are being asked to look at the issues because it is closer to home and affecting their communities and then hopefully the state will follow suit. 08/14/17 -1- Mr. Boganey stated the three policies that are being proposed are not new and have been used in other places. He asked how they choose these options and from their research, asked if it is their opinion that these are the most effective tools to address these issues being raised. Councilmember/Commissioner Ryan stated he wished they had been here earlier this evening during the presentation by Brooklyn Alliance for Youth. He noted they discussed how to lift people out of poverty and make changes. Mayor/President Willson asked if they would like to come back and speak further another time. Ms. Hart stated they would like to do that. Mr. Boganey noted he will add this to the agenda in the near future. Mr. Eitel Provided a presentation on this item with background and history. Councilmember/Commissioner Ryan stated the change in the configuration of the roadway makes this site somewhat disadvantaged. He stated due to the problems they have had with this site he feels this would be something he agrees with. Mr. Eitel stated this is a good site for this building in his opinion, brings income and not a lot of foot traffic, it is a win/win scenario, and noted it's a good-looking building. It was the consensus of the EDA/City Council to move forward with this plan. i IMI1Ii'!AIJi Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:47 p.m. Motion passed unanimously. 08/14/17 -2- MEMORANDUM COUNCIL WORK SESSION DATE: August 10, 2017 TO: City Council FROM: Curt Boganey, City Manag7 SUBJECT: Affordable Housing Presentation Recommendation: 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 ernails (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? ./ ((I? (Ift;actiL, ch'an, inclusive (' '01I)IP11111101 f/Icrf cicihonces the qunl/y ojljfi? ()I all people ticiti /)iCVer)c'S I/cc Pb/!C ti-US! Excerpt- July 10 "' 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 ftTture 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(ã.acerinc.orq [nelima@acerinc.org ] Sent: Wednesday, May 31, 2017 6:54 PM To: Marquita Butler ;ubj act: RE: Urgent, Response Requested. Marquita, 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. Nelima, Nelima Sitati Munene Executive Director frican Career and Education Resource, Inc. (ACER) 612.986.4927 Curt Boganey- - -=---. rom:Tim Willson Sent:Tuesday, July 11 2017 2:11 PM To:Curt Boganey Cc:Chart@caphennepin.org Subject:FW: Meet about housing Attachments:image00l .png; HJC Affordable Housing.pdi Curt 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, orwillson@ci.brooklyn-center.niiiLIS www.citVofbrool<lviicenter.org/ phone: 763-503-5729 voice: 763-569-3450 'Please consider your environmental responsibility before printing this e-niail' From; Christine Hart chartcaphennepin.org1 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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Co,,0 ">4-U M OL:3 0Cin 4-iU CL 0> CL in 1-U -, a)CL (1) C1 U .0 L. .0 .0 CI (0 CL 0) rn 1C. -It ski; 3 Pillars of Affordable Hous tang Advocacy Compiled from an 8/17/16 Housing Jus lice Center memo from Tim Thompson I httpJ/hjcmn.org 1651-642-0102 T otec© Limiting exclusionary rental practices. lUnfair 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 oases 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 he 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. [ ist 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. Prohibiting disciirnination against Section 8 voucher holders and othe- recipients of goveximeni prozarns. Ahhough landlord participation in the Section 8 Housing Choice Voucher program is generally considered voluntary, a I number of local and state taws 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 he maximally effective, these laws need to include the Minneapolis provision that the prohibited discrimination is based on status with regard to public assistance ot any requirement of a Public assistance program, Supporting the development of new affordable housing, r areas experiencing growth inInc.lusionaxy liousing. This is a strategy often recommended fo 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 he market rate apartments to include a portion of affordable units. In exchange for receiving some form of city assistance, zoning adjustment, density bonus, or othet 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- 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 [ark has experimented with this practice. • - t I -. ftp-' .,'-;c - - a ( VO ot I V25 ol oj W I 1=0 r—=, od- o= mmmio o OU ti E ro o E EE 0 0 0I c. o 0 0 sWIN OjE 0 0 ojE 0 'I 0 0 0 0 0 Fi 0 0 F, da 'I ot •1 cj o © o E ©©© Lc rd oj:Nd i o co E ©cJ c '0 (U ©P-4uor=4 rd CrH A o CiiiD ± ( 7 cr Uri p 1 ( 'l. IgI I It * *L& I I te I. I 11 • I I • 'A L PIL&. ' 1 11 1. 1 it.. a I 1 7j, I'LL JPLL .4 ,%,. lL1, 1'1L L 11 — j — J if f i'1= H t2! cc f-ZIPLn /0 0•.:----. IL o - - —c -cl F-1 -.1 • ly th cv stp j 4 , I t____ I - k p 0 - L —_ _ r _ 1 ) 0 -— — V .-.5 8 w 4 -' Em FA Ell CO A / rd- I) ci) U wo o UJI 'C or= un S S CO I CF UO UD i- 'I© 'y ouri © —I C ( OF 'I IJQ o GE 09 II oIz c Irar oj =i (TLJ 0r1 ( IN 0 o L U FL-3 ( 0> (. Responding to the Threat to the Twin Cities Region's Supply of Naturally Affordable Rental Housing The region's supply of naturally occurring affordable rental housing (unsubsidized) is at risk. National investment companies have turned to the Twin Cities market seeking investment opportunities and are increasingly buying up Class C apartment properties. In many of those cases, the new owners are then repositioning the buildings in the market—undertaking rehab, adding amenities to appeal to more upscale tenants, dramatically escalating rents, toughening admission standards, ending or cutting back involvement in government programs like Section 8, and generally attempting to move the building more upscale. The result has been a dramatic reduction in the supply of affordable housing and the involuntary displacement of many lower income households, who find themselves competing for an ever smaller supply of affordable housing. In one recent example, the Crossroads apartments in Richfield, 700 units of deeply affordable housing have been converted, which, effectively canceling out virtually all of the gains from new affordable units built in the Region in 2014. Also contributing to this threat are the escalating land values in parts of the Region where strong market conditions exist or where the construction of public amenities like transit lines will likely enhance value over time. Given that this housing is privately owned and not subject to rent and income restrictions associated with subsidized housing, what can be done? This memo is an attempt to begin a discussion on possible strategies and policy responses. 1.Document the problem. There should be an organized effort to track the most significant examples of this trend. Getting the facts clear in each case is important. Not all the situations are the same. 2.Strategies to preserve affordability. a.Identifying buildings as soon as they come on the market, and, if possible, before that. Identification as early as possible is critical if a preservation purchase is to be negotiated. b.Helping preservation buyers to buy at risk buildings. Several of our non-profit housing providers are actively competing in the market for these properties, but they are disadvantaged in competing against for profit purchasers on price and on timing (the long delay in assembling funding from public and philanthropic sources). The Greater Minnesota Housing Fund is currently leading an effort to create a fund of low cost financing which will allow preservation buyers to compete more effectively. c. Policies which can help facilitate preservation purchases. These would be actions by local governments or by the Legislature which would be designed to help preservation purchasers to buy these properties. Right of First Refusal. When owners offer their buildings for sale, they would be required to notify the tenants and a designated unit of government of any purchase agreement entered into. The tenants or the government unit would then have a defined period of time to meet the price and purchase the building themselves. There are existing examples of this approach, most often applicable to subsidized buildings, most notably in Washington D.C. and Chicago (for SROs). Minnesota has a ROFR for the sale/closure of manufactured home parks, though it doesn't work very well, primarily because the time to respond to the purchase price is only 45 days. One challenge with this approach is that it can be hard to anticipate where these purchase opportunities will materialize, making it difficult to know where to push for local ordinances. ii. Notice Period. A softer approach than ROFR, this would be a local (or regional if by state law) requirement that for certain defined buildings, the tenants and local government must be given advance notice prior to the sale of any building. The tenants or local government would have the opportunity to attempt to negotiate a purchase with the seller, though they would not have a legal right to match any price negotiated by another buyer. Several cities have taken this approach, including Denver and Portland. d. Creating incentives for a "socially responsible' alternative business model. The reality is that many of these properties are as affordable as they are due to long deferred investment and upgrades. Such investments are necessary in the long run. The goal, though, should be to encourage an alternative business model to simply upscaling the building and driving out those who most need the housing. How do we create incentives for owners or buyers to invest in their buildings while maintaining affordability? i.Local programs offering rehab financing in return for affordability commitments. Some cities offer attractive financing to multifamily property owners in exchange for affordability covenants. How well are they working? Could they be expanded /improved? ii.Property tax and rent subsidy incentives. Minnesota's 4d property tax program provides a 40% tax break for subsidized rental properties. However, this benefit could be extended to any properties receiving local "financial assistance" as long as the owner agrees to rent and income restrictions. One idea is that the local government provides a modest rent subsidy for some share of the units, meeting the "financial assistance" requirement, thus making those units also eligible for the 4d tax break. In return, the owner would commit to keeping that share of the units affordable for an agreed upon period of time. iii. Incentives to address landlord concerns about renting to certain groups of tenants. This year the Legislature funded a pilot program to provide a landlord guarantee fund which would cover certain landlord losses in return for agreeing to rent to tenants with issues in their rental history. When the Oregon legislature recently enacted anti- discrimination protections for Section 8 tenants, they also created a fund to reimburse landlords for losses. A similar program could be created at a local level or, through state law, at a regional level. Increasing local government leverage through zoning. A city could perhaps structure its zoning so as to require an owner engaging in certain conversion actions from doing so before obtaining the city's zoning related approval. Standards would have to be defined to spell out the scope of the city's approval requirements in this situation but it could provide the city with substantial leverage to influence the outcome of the building changes. In Washington State, for example, some cities have expressly zoned manufactured parks as such, so that attempts to change use would require a zoning change and city approval. f. Limiting exclusionary rental practices. Another approach is to adopt local or regional requirements that limit a landlord's ability to unfairly exclude tenants. L 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 is currently considering such an ordinance. The state Human Rights Act includes a prohibition on source of income discrimination, but the Minnesota Court of Appeals has interpreted that provision to not cover Section 8 (a ruling which the Legislature could reverse by amending the Act.) 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 proposed Minneapolis provision that the prohibited discrimination is based on status with regard to public assistance or any requirement of a public assistance program. The Massachusetts state law is similar. ii.Other unfairly 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 may go too far. HUD recently issued a guidance setting out situations where overly broad criminal background checks may violate the Fair Housing Act. https://portal.hud.gov/hudportal/documents/huddoc?id=HUD OGCGuidAppFHAStandCR.p df. Standards around minimum income requirements and minimum credit scores could go too far as well, and could be regulated through local ordinance or state legislation if a consensus can be developed on reasonable versions of these standards. iii.For 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. 3. Strategies to mitigate the harm of displacement. Where the affordability of the housing cannot be preserved, there may be ways to partially mitigate the harm caused by displacement. Relocation benefits. In certain situations, the law now requires that displaced tenants be paid relocation benefits (such as government sponsored redevelopment or the closure of manufactured home parks). Chicago's SRO ordinance requires this of owners of purely private housing. The obligation to pay relocation benefits to displaced tenants could be imposed upon the owner by local ordinance or state law. In some cases, if the relocation obligation is substantial enough, it may deter the owner from the displacement actions altogether. There may be legal issues however. 4. Strategies to replace or create more affordable housing in anticipation of losing some. One for One replacement. This would impose on the owner an obligation to replace any affordable units removed or rendered no longer affordable. Chicago has a provision like this, and Minneapolis has one for the limited situation where an owner eliminates SRO housing with the help of city financial assistance. b.Inclusionary Zoning. This is a strategy often recommended for areas experiencing gentrification because the same conditions that cause the gentrification—a robust residential real estate market—often provide the circumstances for an effective Inclusionary Policy. lZ (or Inclusionary Housing or Mixed Income Housing) is a local government policy that either requires or incents owners building market rate apartments to include affordable units. c.Metro Home Grown Fund. Efforts are underway to develop a proposal to the Legislature which would create a dedicated funding source for affordable housing, in addition to the annual appropriations the legislature typically provides. If enacted, this Fund could be useful in creating replacement housing. Housing Justice Center 6-3-16 draft lk afric'n career, Education Table of Contents Introduction: Welcome to the Brooklyns 4 Building the Bonds of Solidarity 6 A Call to Action 8 Civil Rights Blueprint: Building our Common Home in the Brooklyns 11 Brooklyn Park and Brooklyn Center became bedroom suburbs of the Twin Cities in the mid I 9th Century when farming fields gave way to suburban development. Both cities became predominantly blue collar white communities. But in recent years, both have greatly transformed from what the first homesteaders, and first wave of suburban settlers looked like. Starting in the 1970s when the first wave of Hmong and then Liberian refugees were resettled in the Twin Cities area, many found their way to the cities of Brooklyn Park and Brooklyn Center. This was followed by a wave of African Americans who were leaving Minneapolis and heading for the suburbs. Being first ring suburbs, with Brooklyn Center bordering Minneapolis, they easily made these two cities their next home. Between the 2000 and 2010 Census, the percentage of Hispanic/Latino residents doubled in Brooklyn Park, and tripled in Brooklyn Center. This demographic change came fast and has only accelerated in the recent past. In 1990, both cities were made up of less than 10% people of color; by 2000, that number had risen to about 30 percent. Twelve years later, the non-white share of the population tipped over 50 percent. In 1997, public schools in the area were an average of 25% non-white; while by 2014, that number was at least 76%. Brooklyn Center and Brooklyn Park are the only two cities in Minnesota where people of color are a majority. A significant number of these are immigrants with a significant population from Africa (Liberia, Kenya, Somalia, Oromo), and South East Asia (Hmong, Laos, Vietnam) as well as a growing Latino population. The Housing Affordability Crisis When households spend more than 30% of their monthly income on housing costs, they are considered "cost-burdened.' For many households, housing is their biggest expense. When people cannot find housing they can afford it has far-reaching effects, especially for if they are low wealth households. A 2014 Joint Center for Housing Studies Report found that these households often resort to cutting back spending on other necessities such as food and healthcare which results in lower life outcomes. Housing cost burden impacts certain parts of the population more than others. Renters are more likely to be more cost burdened than homeowners, and low income households are also more likely to be cost burdened than higher income households. Cost burden is driven by income level, and housing costs. When incomes do not march housing costs, then households are more likely to be cost burdened. In the cities of Brooklyn Park and Brooklyn Center, a 2014 report shows that 61% of renters are housing cost burdened. 75% of renters making less than $50,000 are cost burdened, 86% of renters making $35,000 and 96% of renters making less than $20,000 are also cost burdened. The cities also face a severe shortage of houses that 2 serve the needs of the most vulnerable very low income individuals who are at 30% AMI. Their housing needs are not being met. The Great Recession and foreclosure crisis had a great impact on these communities. In 2008 alone, 983 homes went into foreclosure in Brooklyn Park, and Brooklyn Center had 400 foreclosures. Both cities sought federal funds through the Neighborhood Stabilization Program. Communities of color were disproportionately impacted by the foreclosure crisis all across the metro. The communities saw significant declines in property value an increase in rental property, and a continued rise in poverty. For example, the share of students receiving free or reduced lunch spiked by about 37% between 1997 to 2014. Political context Despite having a majority population of color, both cities are governed by predominantly white councils and staff including police officers that are not representative of the racially diverse and multi-cultural population that they serve. Brooklyn Park recently elected their first ever person of color to the council, while Brooklyn Center elected two council members of color in 2014 and 2016 respectively. The lack of political representation at the local level magnifies the growing alarm about the national political situation. In an increasingly hostile political environment against immigrants, refugees, Muslims and people of color, or communities look to local decision makers to stand up for us, and protect us from increasing threats at the state and federal levels. 5 Building Bonds of Solidarity In response to growing challenges, we have chosen a path of solidarity to unite our communities to demand justice and to seize fully the opportunities our communities have historically been denied. The African Career, Education and Resources, Inc (ACER) is a volunteer-driven, community-based organization founded to close the resource, health and information disparities gap within Minnesota's communities of African descent. ACER is dedicated to improving the conditions for the most excluded members of society to create access, equity, and opportunity. ACER engages communities of color mainly the African immigrant community in the NW Suburbs to organize around issues of economic development such as employment, health, education and civic engagement through an equity lens. Asamblea de Derechos Civiles (Assembly for Civil Rights) founded in 2008, is a statewide, multi-issue faith based organization which organizes immigrants from predominantly Catholic Latino congregations to build power for systemic change by influencing the underlying political and economic structures behind the issues our community faces. Our mission is to build leadership in the community and act in collective power to change the politics that affect the destiny of our people, taking the gospel call for justice into the public arena. We engage our community to build leadership in our organization coming primarily from those most affected by oppression and injustice. Our Work Together ACER and Asamblea have worked to engage our communities to address the issues that impact us. Housing as a basic need and human right, is a huge issue in our community. Where people live has proven to have a direct relation with what their outcomes will be in education attainment, access to transportation, economic prosperity and health outcomes. Through a series of community meetings, door knockings, surveys and trainings, we engaged our community members to find out what their experiences are and have been in regards to housing issues. We also engaged local officials and city staff to have conversations with them about what we were learning, and also sought to find out what tools and strategies they had in place to address these issues. Joint Organizing Activities (partial list) o August 4th- Community Solidarity Meeting & Campaign Launch Week of Action- October 24th o October 30th- Faith in Housing Forum o Autumn Ridge Campaign January 11th- Regional Housing Forum Civil Rights Blue Print Drafting Coalition Work: HEEC, Equity in Place, NWCC o Doorknocking & House Visits- Autumn Ridge, Brookside Manor, Victoria Townhomes, The Willows, Eden Park Apartments, others March 23rd Brookyln Park Vigil & Public Testimony o March 30th Public Forum We held our first Regional Housing Forum on January 2017. We invited all our elected and appointed officials who represent the 2 cities. At this meeting, they were able to hear first hand testimony from community members on what their experiences have been. They were charged with going back with the information and exploring ways they can begin to work with community to address these issues. 7 A Call to Action The political and housing crisis falls weighs heavily on the lives of our residents, with too many people of color experiencing the Brooklyns in fear of the "The 3 D-s" Displacement Detention Disenfranchisement Displacement is observed when increasing rents are not met with increasing wages, seeing people forced from their buildings because they can no longer afford to pay. Communities are concerned of the impact that light rail expansion will have on rents near station areas, concerned that local immigrant and cultural enclaves with be replaced with whiter more affluent residents. Another cause of displacement is poor living conditions- doorknocking in multiple building has uncovered issues with mold, infestations, and other habitability concerns. The lack of affordable housing in the Brooklyns means that when tenants are displaced from their buildings, they are also displaced from their community as well, because the current housing crisis does not present viable alternatives to stay. The conversation around Naturally Occurring Affordable Housing (NOAH) is dangerously one sided. A big part of the problem is that this housing is usually below market rate, because it is very poorly maintained if at all, and is in such bad condition. For example, the city of Brooklyn Park currently uses the lowest possible code enforcement criteria (Criteria C) for multiple housing inspection. This has contributed in the lower than market rate housing to remain in very substandard and unhealthy conditions. Consequently, this practice has kept the most financially vulnerable in our community incurring extra costs that come with poorly maintained housing such as, poor health, poor quality of life, moving expenses, higher heating bills, groceries perishing, etc. The city needs to adopt standards that promote healthy living. Walking through Market Rate Affordable Housing in the City of Brooklyn Center, one also observes the same unhealthy and substandard conditions. According to data collected by Homeline, an organization that serves both cities, the top calls they receive are from tenants dealing with landlords not dealing with repair issues. Community members who are at 30% AMI are the most vulnerable people in our community. These would be individuals or households who are making $25,000 or less annually. This housing has increasingly become unavailable, and there is no evidence to suggest that there are any proposals in the pipeline that aim to increase this type of housing. For example, according to Met Council data, the city of Brooklyn Park has not built any housing for under 30% AMI since 1998. We need to plan for everyone in our community, especially those who are most at risk to become homeless. 8 The city needed to build 1,506 affordable units between 2011 - 2020 in order to meet their fair share of affordable housing. This figure only accounts for new growth, and did not account for the current need for affordable housing. From Brooklyn Park Comprehensive Plan (4.17) Table 4.3.3.2 Existing Affordable Housing (2000) City Housing Affordable Percent Units Units Affordable Brooklyn Park 24,846 6,708 27% Even if the city reached their goals, they will end up with a smaller percentage of affordable housing units than they had in 2000, despite the fact that the percentage of housing cost burdened households continued to grow between 2000 and 2012, and still keeps increasing. Detention leading towards deportation is a heightened fear among immigrants living in the Brooklyns given the expanded priorities of the new administration. Community members of color were alarmed to hear racist attitudes expressed by white community members at open houses about the "threat" posed by the prospect of N Minneapolis residents using the light rail expansion to come to the Brooklyns. The "solution?" More police. The reality is that there is a lack of trust between law enforcement and communities of color. Therefore more police do not necessarily make us feel safer. We were alarmed to learn that as recently as last year, The Brooklyn Park police department proposed changes to the City Ordinance that would have allowed for more collaboration between local law enforcement and Immigration & Customs Enforcement (ICE). Furthermore, the close coordination between landlords and police on matters of tenant screening, Drug Free policies, and regular trainings create the specter of a "Landlord to Police to Immigration Pipeline" Disenfranchisement occurs when people who are directly impacted by these issues are not involved in decision making. Despite widespread opposition from communities 9 of color, both cities signed on to HUD complaints whose narrative directly contradicted the lived experience of many of the community members it was purportedly filed "on behalf' of. Moreover, from policing to building inspections, the relationship between landlords and the city is enshrined in policy and practice, while too often tenants are kept in the dark or unable to influence the very processes that are supposed to improve their living conditions. 10 A STRONG FOUNDATION Our common home must be built on a strong foundation uplifting core principles of • Equity • Justice • Fairness • Human Rights • Access to Opportunity • Solidarity We call upon all government agencies to adopt racial equity analysis and criteria to guide decision making on housing and other issues affecting our community A WELCOME MAT For this to truly be a common home, our political leaders need to state explicitly that our communities are welcome in the face of attacks and threats. We call upon our local governments to use recently adopted resolutions in support of immigrant, refugee and Muslim community members as guiding documents for all future policy decisions. We call upon the City of Brooklyn Park to adopt changes to the makeup of its Economic Development Authority so that it is not identical to the city council to allow more space for people of color to take on decision making roles regarding important city matters. 11 LIVING ROOM We are here, and here to stay. We want affordable housing options that keep our families together: The right to stay where we live with just living conditions and affordability; and more options for affordable housing in both cities. We call on all local government to adopt o criteria for resource allocation to guarantee long term affordability o mechanisms for rent control and rent justification such as the REAP program being implemented in other cities across the country Just cause eviction protections Use of these as criteria for any public investment in privately owned rental housing as a prerequisite for receiving rehabilitation or any other funds We call on all government agencies to fund affordable housing at 30% of Area Median Income in the Brooklyns. SAFETY WITH JUSTICE We all have the right to feel safe in homes that are free from violence or harassment. We call for the abolition of the "Landlord-Policing-Immigration Pipeline" by adopting explicit local ordinances separating local law enforcement from immigration enforcement. The cities' relationship with landlords should focus less on punitive measures against tenants, and more on improvement of living conditions. We call on Metro Transit to abolish the practice of Homeland Security agents accompanying Transit Police in their day to day operations. We call on local government to adopt retaliation ordinances that do not only apply in reporting crimes to police, but in making good faith complaints about landlords too. We call on local government to adopt a more tenant centered inspections process, and fund more inspectors, renter engagement and know your rights trainings. 12