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HomeMy WebLinkAbout2017 10-23 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 23, 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 October 23, 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 —Flag Ceremony by Troop 299 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.September 25, 2017 - Study/Work Session 2.October 2, 2017 - Joint Budget Work Session with Financial Commission 3.October 9, 2017 - Study/Work Session 4.October 9, 2017 - Regular Session b. Licenses C. Set Public Hearing on 2018 Proposed Utility Rates for November 27, 2017 d. Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies e. Resolution Setting 2018 Employer Benefits Contribution for Full.-Time Non- CITY COUNCIL AGENDA -2- October 23, 2017 Union Employees 7.Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring October 23, 2017, to be Designated as Random Acts of Kindness Day Requested Council Action: —Motion to adopt proclamation. b, Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Requested Council Action: —City Council Members read nominations received, —Mayor presents certificates to those nominees present. 8.Public Hearings —None 9.Planning Commission Items —None 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5331 Camden AveN 2.7211 Camden AveN 3.5600 Colfax Ave N 4.5530 James Ave N 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 6131 Bryant AveN 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 6900 Regent Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. ii. Council Report 12. Adjournment EDA MEETING City of Brooklyn Center October 23, 2017 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. iflhiiII 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. October 9, 2017 - Regular Session 4.Commission Consideration Items a. Resolution Calling for a Public Hearing Regarding Sale of Land Located at 5801 Ewing Avenue North Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 23, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. !WN L!4 aUJI [ 1I1fI (Oh I 1.Process for Considering Panhandling Related Regulations 2.Policy Regarding Commercial Filming within the City Limits 3.Discussion on Amending the Minimum Development Parameters of the Shingle Creek Crossing Purchase Agreement for the EDA Parcel (former Boulevard Bar & Grill/Ground Round Restaurant Site) to Include a 4,000 Square Foot Bank 4.Prevailing Wage - League of Minnesota Cities Policies I I] k[!I U 1i I [Ii LIiI N.J .1 4aYLO) .i i aIi [IA'F Later/Ongoing 1.Liquor Licensing Update - November 2.Conducting City Council Business Electronically November 3.Legislative Agenda - November 4.Food Trucks Update - November 5.Everybody In Update - November 6.Community Dialogue Follow-up - November 7.South Opportunity Site Development 8.T.H. 252 Freeway Conversion Study Update 9.City Council Code of Policies CilyCouncn.H Aendi 1[tm Nui0 6,9, MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION SEPTEMBER 25, 2017 CITY HALL - COUNCIL CHAMBERS :w P (lie) .i 0 It1 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, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike Marsh, Director of Business and Development Gary Eitel, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS Councilmember Lawrence-Anderson invited the City Council to participate on October 7, 2017, to help the Housing Commission deliver new neighbor welcome bags from 10 a.m. to 2 p.m. If all the bags are not delivered on October 7, 2017, the second date is scheduled for October 21, 2017. Councilmember Ryan referenced an article, published on the website of ProPublica, entitled "Living Apart: How the Government Betrayed a Landmark Civil Rights Law," which addressed the Fair Housing Act. In response to a City Council question from the last meeting, City Manager Curt Boganey reported the Police Department does have a chip reader and a contract with PUPS to read animal identification chips. Mayor Willson reminded Councilmembers that the Hennepin County Drug and H.O.M.E.S. Court is coming up and asked members to notify him if they would like to attend. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 09/25/17 -1- DRAFT P41 S) 1 P71 ma.: iiiBii iieu D) miii I *1 City Manager Curt Boganey introduced the item and stated it is recommended the City Council consider providing direction to staff regarding actions to take in response to the presentation on August 14, 2017, by the African Career and Education Resource, Inc. (ACER) and Community Action Partnership of Hennepin County (CAPHC) regarding the affordable housing crisis affecting residents throughout our region and specifically Brooklyn Center. He stated the City Council had directed this issue to be discussed at a Work Session. Mr. Boganey described the three strategies raised during the August 14, 2017, presentation as follows: Advanced Notice of Intent to Sell Mr. Boganey explained this strategy would require the owner of an affordable rental apartment complex 'naturally occurring affordable housing' (NOAH) to provide public notice of their plan 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. Just Cause Eviction Mr. Boganey explained this strategy would provide that a landlord could only evict a tenant for just cause, making it difficult for landlords to evict tenants simply to clear the apartment in an effort to raise rents and replace tenants who have consistently met their legal tenant obligations for many years. Ensure Acceptance of Housing Subsidies Mr. Boganey explained the purpose of this strategy is to require landlords accept a Section 8 voucher from a tenant who meets all other tenant acceptance standards. In recent years, some landlords have decided to not rent to Section 8 voucher holders so this proposal would ask the City Council to consider an ordinance prohibiting landlords from refusing tenancy strictly on the basis of how it is paid. Councilmember Ryan noted by current law, accepting Section 8 vouchers is voluntary. Mr. Boganey explained the two types of Section 8 programs, one being site based that is not voluntary and one being non-site based that is voluntary. Councilmember Butler stated her interpretation that the ordinance would not suggest landlords would have to rent to Section 8 renters but rather to take away the ability to discriminate against Section 8 voucher holders. Instead, the decision to rent would have to be based on their rental history or some other valid reason. Councilmember Graves stated that is also how she recalls the conversation but she does not recall all of the specifics. 09/25/17 -2- DRAFT Mr. Boganey advised if the City Council is interested in pursuing such an ordinance, specific language would need to be drafted for the City Council's review. He stated he and Mayor Willson attended a tour by this interest group during which they explained their proposals. Mr. Boganey explained the proposal is that the sole reason for denying a person a lease cannot be that they receive a Section 8 housing subsidy and if the City did adopt such an ordinance, landlords would be precluded from discriminating against a renter based solely on the source of rent funding. Councilmember Graves stated in some cases, it may not be discrimination but a matter of property owners keeping their heads above water as sometimes payments from the government may not be made on time. She noted also that sometimes people don't pay their rent either but she can understand the concern of landlords if there is a longer waiting time to receive the rent. Mr. Boganey stated when talking with landlords who do not accept Section 8 vouchers, many will say it is because of the extraordinary or unreasonable number of government inspections, red tape, and delay in receiving rents. So, landlords will argue they are not rejecting the tenants but, rather, the Section 8 process. Councilmember Graves stated the presentation had talked about the location of buildings that may be at risk of being sold and turned over, taking away NOAH. She suggested it would be good to look at those locations. Councilmember Graves stated she supports the strategy relating to requiring just cause for eviction, even if there is a new owner, so some protection is provided. Councilmember Graves noted the City is already taking steps to purchase older buildings to preserve affordable housing. Councilmember Ryan stated with a possible Section 8 action by the City Council, he tracked the Minneapolis ordinance that prohibited landlords from refusing to rent to Section 8 voucher holders. He noted that multi-family property owners sued Minneapolis and that case is pending in District Court. Councilmember Ryan stated his concern that it would be better for Brooklyn Center to wait and see how that lawsuit is resolved. City Attorney Troy Gilchrist stated he understands a court decision has not yet been issued on that case and that is a consideration of the City Council if they want to wait until a decision is rendered in the Minneapolis case. However, with appeals it could take several years. Mr. Gilchrist explained that 55 property owners brought the case against the City of Minneapolis. He advised should the City adopt an ordinance and the court decision is contrary, then the City would have to repeal its ordinance or address the issue within the ordinance. Councilmember Ryan stated the City may also have to pay the cost to defend the ordinance and potentially a higher cost if the lawsuit is lost so he would prefer to wait until the Minneapolis case is determined. Mr. Gilchrist stated if impacting someone's constitutional rights, it raises particular concern because of the way the law is set up to protect those rights and significant penalties can be imposed including reimbursing attorney fees and compensatory damages. In this particular 09/25/17 -3- DRAFT setting, he stated that concern may not be as acute as with other circumstances, but it still needs to be considered. Mayor Willson stated he does not doubt there is an issue in the Metro with oversight of Section 8 housing, but he is not yet in a position to decide whether to look into it as an analysis of clientele has not been conducted and Brooklyn Center apartments and single-family home rentals have not been identified to determine whether any are site specific Section 8 housing. He noted some may be since it was a boon at the time many apartment buildings were constructed. Mayor Willson asked whether there is an issue in Brooklyn Center now and if any residents have stated they have this issue. He noted the City holds monthly rental management meetings and that would be a good opportunity to raise this issue to gain their input. Mayor Willson stated he understands the requirement for just cause for eviction but ACER and CAPHC also want the City to require pre-sale notification so organizations can determine if they can purchase the property to save the affordable housing. He asked whether that would also involve an amendment to the City's licensing requirements, to require City notification prior to a sale. Mayor Willson stated that would also raise a concern about allowing a non-profit to amass rental housing in the City. Mayor Willson stated there has been a lot of conversation about freedom of speech relating to panhandling and there is now a Supreme Court decision on a person that sued because a City Council would not allow them to hold up signs or speak if they were disruptive. He explained it turned out to be a first amendment right and freedom of speech issue and stated his concern in how that may impact City Council meetings. Mayor Willson stated he has been tracking the City of Minneapolis lawsuit as well as issues with multi-family apartment ownership. He agreed Brooklyn Center will need to track that lawsuit and decision, once rendered. Mayor Willson stated the City's housing complaint filed jointly with the cities of Richfield and Brooklyn Park is in Chicago, under review by HUD, and a determination will be made. If that determination supports what the City has been telling them, then the article Councilmember Ryan provided will be germane and make it more palatable to move forward with an ordinance. Mayor Willson stated at this point, he is not sure the three strategies proposed by ACER and CAPHC are the best for Brooklyn Center. He noted the City has a successful rental licensing process that includes agreements that renters are signing and some of this data is already in those agreements. Thus, he would ask whether Brooklyn Center has a problem or if these issues are already covered under current rental licensing process and agreements. Mayor Willson agreed there is a shortage of affordable rental housing in the Metro area but once the court decision is made, he would ask about the future of affordable rental housing if aging buildings are too costly to maintain. He supported providing direction to staff to obtain answers to the City Council's questions and gather additional information before drafting ordinance language. 09/25/17 -4- DRAFT Councilmember Ryan stated the focus of the discussion could be viewed through two questions, the first being what are the civil rights issues and whether people are being discriminated against by landlords who refuse to accept Section 8 and/or just cause eviction. The other aspect relates to economic equity, which is complex, but maybe by ordinance some improvements can be made that deal with the Section 8 issue or some aspects of just cause eviction, and whether these issues are better approached by State law or local ordinance. He asked the City Attorney to assist with understanding that aspect. Councilmember Ryan stated building owners feel they should be able to decide who they rent to but when a building is sold, depending on the objectives of the new owner, current renters may be subjected to inappropriate demands in having to requalify which, to him, raises the issue of civil discrimination. He felt if the landlord wished to not renew, that may be a different issue and present other parameters in what the City could or could not do. Councilmember Ryan stated he has reservations about this because of the potential of the City facing litigation and while he does not want to preclude the City being notified of a sale, it also deals with market conditions. Mayor Willson stated he is not worried about litigation at this point in time and is confident that information can be gathered and appropriate language crafted for an ordinance. He noted it has been ten years since the State opened the voucher system and now the State has subsequently closed the Section 8 voucher system. Also, fifteen years ago, the apartments were older, run down, and offered poor living conditions. Mayor Willson recounted that the City worked closely with those property owners and new buyers and were able to improve those living conditions through the owners doing a better job of screening and having better security. Property owners also improved the quality of building materials so they were easier to maintain. Mayor Willson stated he would not want property owners to start feeling like the City was running their business. He noted that with one apartment complex, the City filed suit because it was so poorly maintained, had hazardous living conditions, and an absentee landlord. As a result, a new landlord took over and did a good job in management, so the level of crime was reduced and it is now a better place to live. Councilmember Butler stated when this was brought to the City, it was with several other cities but it is important for the City Council to consider what is happening with its own residents and assure anything drafted is the best for Brooklyn Center. She stated why she is passionate with the requirement for just cause evictions and not discriminating solely because a renter uses Section 8 housing vouchers. Mayor Willson stated during the bus trip, other cities were also mentioned but they had no examples of other cities that have actually implemented an ordinance based on their three strategies. Councilmember Ryan agreed with Councilmember Butler that the City Council needs to consider how this affects Brooklyn Center's residents. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL 09/25/17 -5- DRAFT Mayor Willson closed the Study Session at 6:45 p.m. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Butler seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. AFFORDABLE HOUSING POLICIES (continued) Councilmember Ryan stated again his interest in addressing just cause eviction and economic equity issues. He asked what is within the City's means to address the strategies and stated he is skeptical with addressing a regional lack of affordable housing through a local effort. He noted that while there is a lack of affordable housing in the Twin Cities, a lot of Brooklyn Center's housing is already ranked as affordable. He stated at 30% area median income (AMI), the rents would have to be extremely low and in his preliminary investigation of the Metropolitan Council's website, it comes out to hundreds of dollars in what is affordable with a household at 30% AMI when compared to the local market. Councilmember Ryan stated he does not know how the City expects to bridge that. It is a region- wide shortage of affordable housing, and he thinks it should be addressed through significant State and Federal resources. Councilmember Ryan stated the most appropriate response to a regional shortage of affordable housing is to avoid concentration of poverty in central cities and first-tier suburbs. He stated that is the housing complaint directed at HUD and Met Council policies that Brooklyn Center entered jointly with the cities of Richfield and Brooklyn Park and that goes to furthering integration. His concern with going along with a local regulation is that it would do something contrary to that worthy pursuit of not furthering the concentration of poverty in first-tier suburbs. Mayor Willson stated on behalf of the City, he is working with the Blue Line transportation for Brooklyn Center residents and along with that, are jobs in the north part of Brooklyn Park, He noted the City does not have the land mass to bring in a lot of jobs, but Brooklyn Park does so it benefits Brooklyn Center and makes the Blue Line important. Mayor Willson stated there are concentrations of poverty, and the City should do something to raise the economic level of those in the City living in poverty. He noted that giving someone ajob helps for a time, but teaching a job skill is the route the City should go. Mayor Willson described the work of the Brooklyn Bridge Alliance to get companies on board for that very reason. Mayor Willson stated the minimum annual wage is $59,000 and Brooklyn Center is at $33,000, a significant difference in his opinion. He commented that looking at one small portion does not suit the City as well because running a City is complex. Mayor Willson stated he would love to improve the City's economic climate, noting some workers are not making a living at the current minimum wage and some are also living on social security. 09/25/17 -6- DRAFT Mr. Boganey stated he has a good sense of the data points the City Council would like researched and staff will confirm that information and start collecting the data for the City Council's review. Mayor Willson recommended asking the City Attorney to also look at the recent Supreme Court ruling relating to signs and comments made at a public meeting and how that type of disruption has to be allowed in public meetings. He stated it sounded like some public meetings had riotous conditions when work cannot be completed, and asked whether that may have to be the norm. City Attorney Gilchrist stated he is familiar with that legal case as it invalidated the disorderly conduct ruling if it disrupted a meeting. He stated his firm will be discussing that case tomorrow and drafting a recommendation on ordinance language to avoid the problems the State Statute had. Mayor Willson asked him to also address how the chair/mayor with a gavel can rule. The City Council agreed with the Mayor Wills on's recommendation. Mayor Willson adjourned the meeting at 6:58 p.m. 09/25/17 -7- 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 OCTOBER 2, 2017 CITY HALL - COUNCIL CHAMBERS (011)11 Ii DW 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 6:35 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Business & Development Director Gary Eitel, Acting Public Works Director Mike Marsh, and Deputy City Clerk Rozlyn Tousignant. Councilmember Marquita Butler was absent and excused. Others present were Financial Commissioners Anna Burke, Rex Newman, and Dean Van Der Werf. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the agenda. Motion passed unanimously. III.SPECIAL REVENUE FUNDS Mr. Boganey introduced the subject; Mr. Reinhardt reviewed the Special Revenue Funds. Councilmember Ryan asked a question regarding the number and type of jobs created Mr. Eitel clarified the estimates. Mr. Boganey addressed the Council on the City's progress in this area. ii vtmy Mayor Willson asked what the development of an economic principle entails and what that effort regarding the Master Development Plan would involve. Mr. Eitel stated that the City has done a Market Analysis of the area and mentioned potentially bringing in a consultant. Councilmember Graves asked how the City can connect Resident Economic Stability with some of the grants. Mr. Boganey responded that currently the City doesn't have any policies that require developers the City is working with to meet outcomes relating to the Strategic Priorities. 10/02/17 -1- DRAFT A discussion was held regarding different methods to create sustainable incentives for developers to play a role in Resident Economic Stability. Zii0 ( au in 1911 r DI VUJ1DI1 1IYA I Dh1 i tIJI PJ1 Councilmember Ryan asked about the revenue TIF District #3 has generated and the concern of decertifying the District early. Mr. Eitel replied that the District still has the capacity to allow the EDA to make other investments that otherwise may not be possible. Commissioner Newman inquired about a TIP District #7. Mr. Reinhardt stated that TIF District #7 would be the opportunity site. Mr. Eitel replied that it would be the Brookdale Ford/Square Site and it would need to be certified by spring of 2018. P 5E1]k'A hUIJI (IJ N (I) LII t11 I F__i_ 1 Commissioner Newman queried about using the term 'blight/blighted' in regards to areas within the City of Brooklyn Center. Mr. Boganey replied that the language comes from federal statutory language. Councilmember Lawrence-Anderson asked regarding Police Forfeitures, Mr. Reinhardt explained the process. A discussion was held regarding squad car and body camera funding and utilization. Councilmember Graves asked about the Juvenile Diversion program. Mr. Boganey explained the City Staff's grant writing process. IIt_ hi N DI 1M fliDI 4'4 (Ii DI flJiI ))] DUflJDJ IL OhUTii!I IJ A discussion was held about Special Assessments. b. TAX INCREMENT BONDS 10/02/17 -2- DRAFT IM1SJ?i im au ;i b. RENTAL LICENSE REVENUE/SPECIAL ASSESSMENT REVENUE L'AIIiiIJtiiIJIiCD:U:IJf!iiIKfJ Work Sessions 1)Enterprise/Utilities Funds October 16, 2017 2)Enterprise/Utilities Funds October 30, 2017 City Council Meetings 1)Utility Rates Adopted November 27, 2017 2)Public Hearing & Budget Adoption December 4, 2017 IYiii.i)D1U 1I'A IDIfl Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 8:10 p.m. Motion passed unanimously. 10/02/17 -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/WORK SESSION OCTOBER 9, 2017 CITY HALL - COUNCIL CHAMBERS [III U (Ill) H)] 11 i 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, Kris Lawrence Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Acting City Engineer Mike Albers, 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. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following corrections to the Study/Work Session minutes of September 25, 2017, noting he feels the corrections add clarity: Page 3, fifth paragraph, first sentence "Councilmember Ryan stated with a possible Section 8 action by the City Council, he tracked the Minneapolis ordinance..." Paae 5. second paragraph, last sentence "He felt if the-landlord wished to not renew, that may De a ell reren issue arm preeI1L other parameters in what the City could or could not do... the landlord would choose not to renew a lease for cause, that is a different issue and limits what the City could or could not do." Page 5, third paragraph, first sentence "Councilmember Ryan stated he has reservations about this because of the potential of the City facing litigation and while he does not want to preclude the' City being notified of a sale, it also deals with market conditions. . . a notification of sale ordinance because of its effect on rental market conditions and the potential for litigation." Mayor Willson stated he thinks all three are direct quotes and as he recalls, the statements were made. 10/09/17 .-1 DRAFT Councilmember Graves noted this conversation will be reflected in tonight's meeting minutes to create a record of the request. Mayor Willson stated he struggles with a request to make corrections to rearrange words to add clarity because if the statement was made, it is a direct quote. Councilmember Ryan stated he does not want to belabor the point, but the point in revising this issue is that we go back to minutes to read what members had to say about an issue, which is helpful. He stated he will stand behind any statement he has made but felt the requested corrections more clearly represented what he thought he had stated. City Manager Curt Boganey stated with Study Sessions and Work Sessions, the minutes capture the essence of comments made and at times a specific quote may be made but generally, the minutes do not contain direct quotes but rather the point of what is stated. In that effort, sometimes the mark is missed in what is reflected in the minutes and if that is the case, a correction would be in order. Councilmember Lawrence-Anderson stated in support of Councilmember Ryan's request, she preferred to table this set of meeting minutes tonight. Mayor Willson asked whether there was a recording of this meeting that can be checked. Mr. Boganey stated he will have to check. Councilmember Ryan stated his appreciation for the comments of Mr. Boganey that the minutes reflected the point of the comment and if it is the consensus of the body to review the tape, he is fine with that. Councilmember Butler stated support to review the tape recording. It was the majority consensus of the City Council to direct staff to review the tape recording of the September 25, 2017 Study Session minutes. MISCELLANEOUS Prevailing Wage Councilmember Ryan requested the addition of the prevailing wage topic to the Work Session. Mayor Willson agreed with the assessment to have a Work Session on prevailing wage and how the League of Minnesota Cities (LMC) Improving Local Economies Policy has changed by adding a new line, which he does not agree with, that if prevailing wage is not being paid to those building affordable housing, then they can't afford to live in that housing because they are not paid a prevailing wage. Mayor Willson stated he is not in favor of that language as it is counter intuitive. Mr. Boganey stated he just received this information and had forwarded a copy to the City Council. He noted the LMC's Policy is 200 pages and in its letter, the League Board of 10/09/17 -2- DRAFT Directors is requesting that comments regarding any draft policies be submitted no later than Friday, October 27, 2017, so they can be considered at the policy adoption Board meeting on November 9, 2017. Councilmember Ryan stated there will also be a Board meeting on October 19th during which St. Paul Councilmember Tolbert will be offering a motion to amend, to delete the elimination of prevailing wage requirements from the workforce housing program. He stated if the Board would choose to pass by majority vote of the Board to delete the language in question, it is anti- prevailing wage. Councilmember Ryan referred to information he put together on this topic for the City Council's review. Mayor Willson asked if the City Council would like to schedule this information for a Work Session. Councilmember Lawrence-Anderson stated she would like time to review this information prior to that discussion being held. Councilmember Ryan stated members could have the opportunity to review the material and this topic could be added to an upcoming Work Session agenda. Then the City Council could be polled on what should be recommended for the Board meeting and St. Paul Councilmember Tolbert's motion that will be offered on October 19th• Mayor Willson suggested this topic be added to the next regular Work Session meeting agenda. Mr. Boganey stated while it could happen, he would be surprised if the Board made a change on October 19th having not yet received comments from the rest of the State, but it could happen. Councilmember Ryan stated it is as much about sending a message for those of us who have a significant number of residents in our communities that are members of labor unions. He stated we should stand up for them and make that statement. Councilmember Ryan stated he appreciates Mr. Boganey's perceptive comments and would be surprised if the Board did rule but some may be willing to entertain that discussion at the Board meeting. Mayor Willson stated Brooklyn Center workers are paid less than the median average so from his perspective, whoever the workers are, union or not, prevailing wages should be paid and especially if the wage being paid is under the State or Federal minimums. It was the consensus of the City Council to ask Mr. Boganey to add the topic of prevailing wage to the October 23, 2017, Work Session agenda. City Council Code of Policies Mayor Willson stated the City Council just received the General Policies as a replacement and upon review, he noticed on Page 264, Section 2.61 Business Subsidy Policy, #1B, there is reference on providing incentive dollars that businesses must be paying workers a minimum of $7 per hour. Mayor Willson stated support to change that dollar amount as the State minimum is $9.35 per hour and that will go up to $10 next year. He stated $7 per hour is not even close to 10/09/17 -3- DRAFT the minimum, so he offered that for a point of discussion. Mayor Willson referenced Page 266, Section 2.70 Street and Alley Lighting Policy, #4C, that mentions street lighting being high pressure sodium and the wattage, but there is no mention of LED lighting or green-type street light bulbs so he finds that language to be outdated. Mayor Willson then referenced Page 277, Section 2.93 Long-Term Deer Population Management Plan. He stated he has heard some inquiry about the number of turkeys and geese in the City, so it should be discussed whether to add those wildlife species to this wildlife management section. Mr. Boganey reviewed comments made by the DNR on the City's options. The consensus of the City Council was to support Mayor Willson's suggestion and ask Mr. Boganey to schedule the topics for discussion at a Work Session. II] 1!S1BJJ (I]IIJYLSM1NiL'fi [I)V IIiA1 U U IkU FU J DI 1UU City Manager Curt Boganey introduced the item and requested the City Council provide direction to staff regarding gateway monuments and streetscaping. Acting City Engineer Mike Albers summarized the City Council's past consideration of the Brooklyn Boulevard Corridor Project, which is being undertaken in coordination with Hennepin County for reconstruction and streetscape improvements on a 1.4-mile segment of Brooklyn Boulevard between 49th Avenue and Bass Lake Road (County Road 10). This project is scheduled for construction in 2018. It was noted the proposed project will improve roadway and intersection safety, enhance traffic operations, and provide improved bicycle and pedestrian facilities by adding a trail on the west side of the roadway, improving sidewalks, transit stops, adding streetscaping and landscaping, and improving the functionality of intersections with modified turn lanes. Mr. Albers described the improvements to roadway, bike and pedestrian ways, transit, and streetscape. Mayor Willson asked about the concern expressed by the New Millennium Academy relating to their buses having trouble navigating the 51st Avenue intersection. Mr. Albers described the proposed project improvements that will mitigate that concern. Councilmember Graves asked if the crosswalk at the 51 " Avenue intersection will be painted or will there be a flashing light. Mr. Albers stated it is recommended to be a painted crosswalk and not installing the light at this time so there is not a false sense of security and people are more aware of traffic as they cross. It will also be signed as a crosswalk. Councilmember Graves asked if there will be additional lighting. Mr. Albers stated there will be an intersection light and the transit hub will also have lighting. Councilmember Graves stated there will likely be a lot of pedestrians at this intersection so she is concerned with safety. She asked if there will be a decrease in the speed limit. Mr. Albers stated it is anticipated to stay at 35 mph. To change it, 10/09/17 -4- DRAFT Mn/DOT would need to do a speed study and that raises the potential for a speed increase as well. Councilmember Graves estimated traffic is traveling 5 to 10 miles per hour over the limit. Councilmember Ryan stated residents have contacted him about drivers driving well in excess of the speed limit and using the passing lanes as drive lanes. He asked staff to pass on that concern to the Police Department. Councilmember Ryan stated on the 49th Avenue intersection improvements, a homeowner has expressed concern about widening the bike trail and bringing it closer to his property. He stated this resident attended the open house at New Millennium Academy so staff may be familiar with the concern. Mr. Albers stated he is familiar with that resident's concern related to speed on the corridor and location of the trail, which is recommended to have a ten-foot boulevard and ten-foot trail, bringing it closer to his property. Mr. Albers explained there is generally 30 feet from the edge of house to the edge of trail so that is a consideration for the City Council to make. Councilmember Butler commented on the change in number of travel lanes and asked if residents voiced concern. Mr. Albers stated residents want there to be less confusion, especially at 51 s' Avenue and this project will convert lanes before the 51 " Avenue intersection so drivers are more aware when a vehicle intends to make a turning movement. With regard to the 55th Avenue improvements, Mayor Willson asked about the two properties involved in the interchange. Mr. Albers stated those properties have been purchased as part of this project. Mr. Boganey added those buildings will be coming down in the near future. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson closed the Study Session at 6:45 p.m. to hold Informal Open Forum with the City Council. RECONVENE STUDY SESSION Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I (49th AVENUE TO BASS LAKE ROAD) - PROJECT UPDATE (continued) Mr. Albers presented anticipated property impacts as a result of this improvement. He explained staff is working with an appraiser to obtain easements and asked if the City Council is supportive of those plans. Councilmember Butler asked what happens if the residents don't agree to sell property for an easement. Mr. Albers stated if the City Council supports the corridor, the City could consider eminent domain to obtain the needed property for easements. He stated two residents have 10/09/17 -5- DRAFT expressed concern. Councilmember Butler asked how many properties are involved, John McPherson, SRF, stated 30 properties are involved. Mr. Boganey clarified that the condemnation, if used, would only relate to the easement, not the house. Mayor Willson noted if the City cannot obtain an easement, it would still be at a minimum of five feet. Mr. Albers stated between 49th and 51't Avenues, there is about five feet and that is where the sidewalk is. The plan is to extend it about 15 feet on the west side and a little less than 15 feet on the east side. Councilmember Lawrence-Anderson asked if the bike lane will be a separate lane on the street. Mr. Albers stated it would be a dedicated on-street bike lane and then transition to be off-street and tie into the trail system. Councilmember Lawrence-Anderson asked if there would be a protective buffer, which she likes between bikes and traffic. Mr. Albers answered it depends on the easement width. Councilmember Graves noted it is not yet determined how much property will be taken so she wonders if it is three or four feet into their property. Mr. Albers clarified that on the west side, it would be 15 feet closer to their property. Councilmember Graves noted some residents have planted landscaping to create a buffer and asked whether residents will be compensated for that type of improvement. Mr. Albers confirmed that will be considered in the appraisal and part of the compensation for the impacts. Councilmember Graves stated it feels excessive because as a biker, she would prefer using the bike trail because it feels safer and the surface is smoother. Councilmember Graves asked whether it can be both a bike and walking trail. She also asked if the bike lane will go all the way to 1-694. Mr. Albers stated the on-street bike lane would be from 49th to 51St Avenue and then transition to an off-street bike path. He stated this section is planned for a curb replacement with utilities remaining. Mr. Albers explained that on-street lanes are used by more hard-core bicyclist (commuters) who rarely use a bike path, which is normally used by residents. Councilmember Lawrence-Anderson asked about projections on who will utilize the on-street bike lane as this is a small stretch. Mr. Albers stated he does not have estimated biker usage but this is a request of Hennepin County so they may have that data. Mayor Willson noted Hennepin County may be considering whether to build it now, during this project, rather than later. Councilmember Ryan stated Brooklyn Center typically has a range of easement setbacks from 10 to 15 feet. Mr. Albers explained that depends on when the area was platted, noting the easement could be for utilities and not necessarily for sidewalk. In this case, the City does not have additional sidewalk easement beyond what is constructed. Councilmember Ryan asked if the easement is the same, but the differentiation is in use. City Attorney Troy Gilchrist advised the courts look at the intent of the dedication with the plat. 10/09/17 -6- DRAFT Discussion of this item continued and reached conclusion at the October 9, 2017, Work Session. rd;' IMI1U 1ikY4 I Dh1 I Mayor Willson adjourned the Study Session at 7:00 p.m. 10/09/17 -7- 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 OCTOBER 9, 2017 CITY HALL - COUNCIL CHAMBERS Ii[IMUJk'AVi flti&'iEI1Ih[ II, 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, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Acting City Engineer Mike Albers, 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. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION As the Invocation, Councilmember Ryan requested a moment of silence and personal reflection on the recent shooting in Las Vegas and impact of gun violence. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 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 10/09/17 -1- DRAFT Reggie Edwards, Acting City Engineer Mike Albers, 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. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IY Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to table consideration of the September 25, 2017, Study/Work Session minutes. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, to table the Study/Work Session minutes of September 25, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.September 25, 2017 Study/Work Sos 2.September 25, 2017 - Regular Session 6b. LICENSES GARBAGE HAULER Sanimax USA LLC 505 Hardman Avenue S., St. Paul MECHANICAL Vector Services RENTAL INITIAL (TYPE II— two-year license) 5834 Aldrich Avenue N. RENEWAL (TYPE III - one-year license) 5500 Bryant Avenue N. 5956 Beard Avenue N. 5444 Dupont Avenue N. 5819 Dupont Avenue N. 5507 Judy Lane 5310 Knox Avenue N. 5301 Logan Avenue N. 5400 Queen Avenue N. 6812 Scott Avenue N. 712 Vista Blvd., Suite Il102, Waconia Dani Araya Donovan Gilbert Ann Cook Willie Young Tiet Nguyen David Sheets Douglas Wahl (missing ARM meeting) MNSF II, LLC Prosperous Property LLC Lankia Lartey 10/09/17 -2- DRAFT RENEWAL (TYPE II— two-year license) 2407 Ericon Drive 7112 France Avenue 5607 Halifax Avenue N. 1507 Humboldt Place N. 6807 Scott Avenue N. RENEWAL (TYPE I— three-year license) 5313 65 th Avenue N. 6823 Fremont Place N. 4201 Lakeside Avenue 4106 SIGNHANGER DeMars Signs Plia Thao Rachel and Patrick Higgins Kane Buss Kyan (Jimmy) Hui Sam Yen Liew Kelsey Blumenthal Duane Carter Warsono Widj aj a 410 93" Avenue NW, Coon Rapids - PUBLIC NU iiJ aWi I ORDERING THE REMOVAL OF DEAD TRES Motion passed unanimously. V. 1aIJUh1W'd N I)I1i (uiII W%1Y?dl (I]FYi 1 D(EIII1IN I (S]Ffi 8.PUBLIC HEARINGS - None. 9.PLANNING COMMISSION ITEMS - None. III. EIilJi[IJ I EI)Ii IJilli'dl (I]• I I DI'AI'1 ItIItCONSIDE RATI ON O I'd I'6-MONTH PR OVI S I ONALEI]M 1 I WP LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items lOal through 10a2. 10a2. RESOLUTION NO. 2017-162 APPROVING A TYPE IV RENTAL LICENSE FOR 6642 DUPONT AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2017-161 Approving a Type IV Rental License for 3901 Burquest Lane; and, adopt RESOLUTION NO. 2017-162 Approving a Type IV Rental License for 6642 Dupont Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. IL-EIiIJ[IJIU1 aiII)tiII Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 30 and October 1, 2017: 'Cop on Top' Fundraiser at Cub Foods and Lions Club Fundraiser • October 2, 2017: Joint City Council/Financial Commission Budget Meeting • October 5, 2017: CEAP Annual Feed the Need Food Drive Meeting • October 7, 2017: Housing Commission Distribution of New Neighbor Bags • October 11, 2017: Ribbon Cutting at The Sanctuary • October 14, 2017: Brooklyn Center Fire Department Annual Open House Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 26, 2017: Multi-Culture Advisory Committee Meeting • September 30, 2017: 'Cop on Top' Fundraiser at Cub Foods • October 2, 2017: Joint City Council/Financial Commission Budget Meeting • October 14, 2017: Brooklyn Center Fire Department Annual Open House Councilmember Graves reported on her attendance at the following: • September 26, 2017: Multi-Culture Advisory Committee Meeting • September 28, 2017: Trans Equity Summit • September 28, 2017: League of MN Cities Racial Equity Meeting • September 30, 2017: ACER's family Fun Day at Central Park • October 2, 2017: Joint City Council/Financial Commission Budget Meeting • October 7, 2017: Annual Day of Dignity Event Councilmember Butler reported on her attendance at the following: • September 26, 2017: Multi-Culture Advisory Committee Meeting • September 28-October 2, 2017: On vacation Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: 10/09/17 -4- DRAFT o September 26, 2017: Meeting with Osseo Mayor Poppe, Developer Ryan Doyle, and City Staff September 27, 2017: Women's Court and Men's Court in Hennepin County o September 29, 2017: Meeting with Mr. Boganey o October 2, 2017: Joint City Council/Financial Commission Budget Meeting o October 3, 2017: Rotary Lunch and Housing Outreach for Metropolitans Establishing Stability (H.O.M.E.S.) Court o October 9, 2017: Meeting with University of Minnesota Diversity Intern Researcher rPRiIs]iiJtiWAiaI1i Councilmember Lawrence-Anderson moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:15 p.m. Motion passed unanimously. 10/09/17 -5- DRAFT City ©uiiidft Agenda I[tfnrft Nu 61b iroiuicii i i au u i to ii DATE: October 17, 2017 TO: Curt Boganey, City ManaJ FROM: Rozlyn Tousignant, Deputy City Cler1I SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on October 23, 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. GASOLINE SERVICE STATION Brookdale Holiday Metropolitan Council MECHANICAL Boys Mechanical Inc. Comfort Solutions Heating & Cooling Comfortech Heating & Air Friendly Home Services DBA RolAir O.C. Installs, LLC Walter Mechanical Inc. RENTAL See attached report. TOBACCO RELATED PRODUCT Brookdale Holiday Brooklyn Center Municipal 41 Brooklyn Center Municipal #2 5710 Xerxes Ave N 6845 Shingle Creek Parkway 490 Villaume Ave #300, South St. Paul 11 1s St. NW, Osseo 6018 Nicollet Ave, Minneapolis 11792272 n Ave NW, Zimmerman 1061 Hwy 23, Suite 101, Foley 517 W. Travelers Tr, Burnsville 5710 Xerxes Ave N 5625 Xerxes Ave N 6930 Brooklyn Blvd Tktission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S1SBI[iJ I fl I Dk'A L' flk"A [I) 1tI1UkI Rental Lic ense Criter iaiPolicy — AdoptedU'Z City LCouncil 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes -(Calls Per Unit/Year) No Category -.. 1-2 0-1 Impact 3-4 units 0-0.25,__ 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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City C©mTncliul Agenda J[temffll Na, 6 Ei1ik[iJ IU I k4 I'A I IhYA 0) 1I I1SJ'AJ DATE: October 23, 2017 TO: Curt Boganey, City Managq FROM: Nathan Reinhardt, Finance Director SUBJECT: Setting a Public Hearing on Proposed Utility Rates for 2018 Recommendation: It is recommended that the City Council consider setting a public hearing for Monday, November 27, 2017 on proposed utility rates for 2018. Background: At the October 16, 2017 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City's utility services for 2018. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs are projections of the revenues needed for 2018 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain sufficient cash balances during the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). For 2018, a rate increase is proposed for the Storm Sewer Utility in order to maintain cash reserves, fund operations, pay for debt service and finance infrastructure improvements. Rates for the various utilities are recommended as follows for 2018: Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust S[I1PJ[i1 I N I I Dh'A UhYA I I"A OJ UI 1PM I The utility bill for a household using 18,000 gallons of water (considered the typical residential user) is shown in comparison to 2017 rates as follows: The proposed rates would become effective on January 1, 2018 for the Storm Sewer Utility. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting new utility rates. The Public Hearing Notice will be published in the Brooklyn Center Post. A copy of the notice has been attached. Strategic Priorities: Safe, Secure, Stable Community Mission: Ensuring in attractive, clean, safe community that enhances the quality of life and preserves the public trust h(Ia I[ ALl] i iii fit iid W.I i1Lu1NimI va iv Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, November 27, 2017 at 7 p.m. regarding proposed utility rate increases. These proposed rates are now on file at City Hall and open to public inspection. Written or oral comments to the proposed rates will be considered at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569-3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council Published in the Brooklyn Center Post on November 3, 2017. Oty (C©iTll Agiriida Item N©0 6d COUNCW TM MIAMtJRANIDUM DATE: October 23, 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 Improvements Fund and Infrastructure Construction Fund Expenditure Policy. Background: Staff has reviewed the City's capital improvements funding policy which was last updated by City Council on April 9, 2017. The policy defines which capital expenditures are eligible for funding through the capital improvements fund and the special assessments construction fund. Proposed changes to the policy include: - Changing the name of the Infrastructure Construction Fund to the Special Assessments Construction Fund. The only expenditures that ultimately get coded to this fund are paid with special assessments, so the revised name is easily understood. - Removed the section on sources of funds, this is repetitive to the Capital Improvements Funding Policy and further explained through additional language in the "use of funds" section of the policy. - Added "city contribution portion of cost-share or grant-funded infrastructure projects" for authorized expenditures for Brooklyn Boulevard and TH 252 projects. - Modified language on which funds may be provided loans from the Capital Improvements fund, previously only authorized to loan funds to proprietary funds. This would allow loans to be made to other capital project or special revenue funds. 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 have been updated and presented to City Council for consideration in four different resolutions over the past 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 fourth of those four resolutions for City Council consideration. Attached is the redlined policy with deletions in strikethrough and additions underlined, and a resolution adopting the proposed revisions to the capital project funding policy. Strategic Priorities: o Safe, Secure, Stable Community Piissio,,: 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 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 last updated the Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy on April 9, 2007; and WHEREAS, revisions to the Capital Improvements Fund and Infrastructure Construction Fund Expenditure 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 Improvements Fund and Special Assessments Construction Fund Expenditure Policy attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. October 23, 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 2.41 Capital Improvements Fund and Infrastructure Special Assessments Construction Fund Expenditure Policy 1. Policy Objective The City of Brooklyn Center makes large unrestricted capital expenditures through one of two funds. Generally, small capital expenditures are funded through the general fund and planned for as part of the annual budget process for the general fund. Large unrestricted capital expenditures for municipal buildings and park improvements are funded through the capital improvements fund based on City Council Resolution No, 68-246, which was approved in 1968. Large unrestricted capital expenditures for street and utility improvement projects are funded through the irifrastrueture special assessments construction fund. Capital expenditures are also made through other hinds such as the M.S.A. construction fund, the street construction fund, the water utility hind, the sanitary sewer utility fund, and the storm drainage utility fund. and the street light utility fund. These hinds each have restrictions in place to guide their expenditures. The objective of this policy is to clarify funding for all unrestricted capital expenditures by specifically defining which capital expenditures are eligible for funding through the capital improvements fund and infrastructure special assessments construction hind. Unrestricted capital expenditures not meeting the criteria for the capital improvements hind must be made from the general fund operating budget. Specifically excluded from this policy are capital expenditures that are to be reimbursed by insurance proceeds. These may be accounted for through the capital improvements fund at the discretion of the Director of Finance Director. The sources are ad valorem taxes, issuance-e bonds, state and federal grants, transfers of unrestricted balances from other funds, and investment eamings 3. Use of Funds The special assessments construction fund accounts for the resources and expenditures required for the acquisition and construction of infrastructure improvements that are financed wholly or in part by special assessments levied against benefited properties. Only those expenses that will be reimbursed via special assessment revenues or paid for from bond proceeds of which the underlying bonds will be repaid solely from special assessments qualify for reporting in the special assessments construction fund. The infrastructure special assessments construction fund may be used, pursuant to this policy, for expenditures on infrastructure improvements and similar projects having an City of Brooklyn Center 11/14/16 Page SECTION It GENERAL POLICIES City Council Code of Policies aggregate value in excess of $50,000. The types of expenditures contemplated by this policy include projects such as: o street repair, replacement, and construction o bridge rehabilitation and construction o water, sanitary sewer, storm drainage, and street light utility improvements The capital improvements fund may be used, pursuant to this policy, for expenditures on capital equipment, infrastructure improvements and construction, and similar projects having an aggregate value in excess of $50,000. The types of expenditures contemplated by this policy include projects such as: • building construction, repair, reconstruction, and remodeling, including component systems for heating, ventilation, and air conditioning • equipment and furnishings, including furniture, lights, and communications cabling • park landscaping, shelter, and improvements • computer, radio, and telephone systems • city contribution por t ion of cost-share or grant-funded infrastructure projects The expenditures from the capital improvements fund and infrastructure special assessments construction fund are to be used for general governmental capital needs and not for enterprise fund capital needs, except as the general governmental portion of a joint project for both general and enterprise purposes. Additionally, the capital improvements fund may be used to provide loans to other funds maintained by the City in accordance with the City's special assessment and internal loan interest rate policy. However, loans from the ea -improvement fund may—&nl-y--be made--te proprietary funds which have the ability to generate revenue and repay the loan within—i-0-years at prevailing interest rates 4. Authority to Spend Expenditures meeting the above criteria may be funded through the capital improvements fund based on the following authority limits: 1.Expenditures from $0 to $50,000: Not eligible for funding from the capital improvements fund. Funding is required through the general fund operating budget. 2.Expenditures from $50,001 to $300,000: The City Council may, through simple majority, approve these expenditures. 3. Expenditures over $300,001: Following a public hearing, the City Council may, through a 4/Sths majority, approve expenditures in this category. City ofBioolclyn Center 11/14/16 Page SECTION II GENERAL POLICIES City Council Code of Policies S. Spending Limitation/Fund Balance Requirement The objective as described in Section 1 and previously defined in City Council Resolution No. 68246 requires the capital improvements fund and infrastruc-t-we special assessments construction fund to be a permanent source of finding for planned major expenditures. As such, the following criteria is established to comply with that intent: Planned Expenditures: If the proposed capital expenditure is in excess of $300,000, it must have been included in the fifteen-year Capital Improvement Program for at least two years. 2. Additionally, the fifteen-year Capital Improvement Program must be approved by the City Council at a public hearing on an annual basis. City of Brooklyn Center 11/14/16 Page Oty ((Ceumimfl Agenda ilteitril N0 6 I1i1BJ[S1 I fl V I k7A LA I )k4 (I) 1I )1Jh'A I DATE: October 18, 2017 TO: Curt Boganey, City ManaJ THROUGH: Reggie Edwards, Deputy City Manager FROM: Kelli Wick, Human Resources Director \.i .o SUBJECT: Resolution Setting 2018 Employer Benefits Contribution for Full-Time Non- Union Employees Recommendation: It is recommended that the City Council consider adoption of the attached resolution setting the 2018 employer benefits contribution for full-time non-union employees. Background: The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power for health and life insurance. Our current health insurance provider is Health Partners. Annually the City receives the premium increase for health insurance coverage from the LOGIS group. For 2018 the group received an 11.5% increase. For 2018 the single health insurance premiums range from $581 to $692. Family premiums range from $1,512 to $1,799. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for out of pocket expenses (preventative visits are always covered at 100%.) In previous years we offered a high deductible incentive. Beginning in 2017 we now offer only high deductible plans. For 2018 we are eliminating the separation of the high deductible incentive and including it in the cafeteria contribution. We are proposing that the cafeteria dollars combined with the high deductible incentive increase $61. The total recommended employer benefits contribution for 2018 is $1,185 per month. Employees who elect to opt out will receive 75% of the cafeteria contribution which is $889 for 2018. Budget Issues: Sufficient funds are available in the general fund of the proposed 2018 budget. JkJissioii: Ensuring an attractive, clew:, safe, inclusive community that enhances the quality of life for al/people am/preserves 1/ic public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION SETTING 2018 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that the City's contribution for 2018 should increase by $61; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full-time non-union City employees for the calendar year 2018 shall beset at $1,185.00 per month including the cost of$ 10,000 in life insurance coverage. Employees who elect to opt out will receive 75% of the cafeteria contribution which is $889 per month for 2018. 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. (Cty C©utJfllil Aida Ithim N0 7a EiflJ[iJ IUI I I1 L'A I k4 (0) 1I )lIJhtI DATE: October 17, 2017 TO: Curt Boganey, City Mana7 'J FROM: Sharon Knutson, City Clerk SUBJECT: Proclamation Declaring October 23, 2017, to be Designated as Random Acts of Kindness Day Recommendation: It is recommended that the City Council consider adoption of a Proclamation Declaring October 23, 2017, to be Designated as Random Acts of Kindness Day. Background: The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each year the nominees are recognized by the City Council at its second meeting in October. The attached proclamation encourages residents to celebrate Random Acts of Kindness. Budget Issues: There are no budget issues to consider. !14ission: Ensuring an attractive, clean, safe comniunhty that enhances the quality of life and preserves the public trust DECLARING OCTOBER 23, 2017, TO BE DESIGNATED AS RANDOMACTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year; and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 21st Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 23, 2017, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center to join in celebrating and performing Random Acts of Kindness. October 23, 2017 Date Mayor Council Members ATTEST. City Clerk City C©1Mllil Agdi ]Icm N© 7b CUNCI{IL IflFEM 1iiIIMORANDUM DATE: October 17, 2017 TO: Curt Boganey, City Maria FROM: Sharon Knutson, City Clerk SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations was printed in the fall 2017 edition of the resident newsletter City Watch, as well as in the Brooklyn Center SunPost. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Randoin Acts of Kindness and an online nomination form was available on the City's website. Attached are copies of the 22 nominations received this year. A letter was sent to the nominees who were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 23, 2017, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, Safe community iii at enhances the quality of life and preserves the public tin St EIiJk1[SI I I1'A iøkTlO) tUI P1IJhYA I Nominee Nominated by Kristin Wolf— Brooklyn Center Walmart Sarah Ekelund, Northport Elementary St. Aiphonsus Catholic School Shelly Korby, Garden City Elementary Matthew Chopp Alexander Ryan Ron, Patricia, Tigre, and Graham Campbell Wally and Carol Sjoquist Diane Sannes Dell Eriksson Keith Stutz Diane Sannes Craig Smith - Odyssey Academy Diane Sannes Mark Allen - Allen Property Services Diane Sannes Bella O'Hara - Brooklyn Center Kaleiokapilialoha Hula School Diane Sannes Brooklyn Center Women's Club Arlene Swanson CEAP Quilters Arlene Swanson Scott Weatherhead and Staff— Fare For All Arlene Swanson Shawn Morrison, Seth Jankovsky and CREW - Shoe Away Hunger Arlene Swanson Gina Zappa - Brooklyn Center McDonald's Darryl Sannes Filsan Ibrahim - Twin Cities Mobile Market/Amherst H. Wilder Foundation Darryl Sannes Aiden Shold Darryl Sannes ChaLee Yang Michael Johnson Fern Warner - Park Nicollet Darryl Sannes Joan Cady - HealthPartners Jill Dalton Jack MacMillan Bonnie and Gary Varness Debbie and Jerry Mitlyng Cliff and Lisa Eubanks Debbie and Jerry Mitlyng Al and Sharon Pierskalla Debbie and Jerry Mitlyng Mission: Ensuring on attractive, clean, safe cojn,nnnhr that enhances the quality of life (flu! preserves the public trust p L I p LEE- Elm 0 t7;1 0 e .1 1i 0 0 U 0 0 CItlep pe I CENThR AT THE CENTER September 29, 2017 Nominee's Name Nominee's Add-Tress Dear Nominee: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. Again this year the City Council has received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts of Kindness and will be recognized by the Mayor and Council Members during their City Council meeting on Monday, October 23, 2017. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. If you have any questions, please contact City Clerk Sharon Knutson at 763-569-3306. Sincerely, Tim Willson, Mayor Marquita Butler, Council Member April Graves, Council Member Kris Lawrence-Anderson, Council Member Dan Ryan, Council Member Enclosure cc: Nominator (w/o enclosure) City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2199 (763) 569-3300 www.cityofbrooklyncenter.org City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees.r wrl1'wFfl LC2 11t.111. Telephone: I Telephone: Brief summary of kind act a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 21, 2017, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. RandoinActs of Kindness * \\ Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed a random act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. You may submit up to four nominations. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted" - Aesop What is a Random Act of Kindness? Most people try to fulfill obligations in life like doing their fair share of chores and supporting and comforting their families and friends - but these deeds are expected of us. When we make the extra effort of being kind when we aren't expected or required to and surprise someone, including ourselves - this is a Random Act of Kindness, a good deed that is truly the embodiment of compassion and caring. Examples of Random Acts of Kindness Walk a neighbor's dog Donate your time to perform lawn services for the elderly or disabled ' Collect soda can tabs for recycling and give the proceeds to the Ronald McDonald house Feed a stranger's expired parking meter Donate to a food shelf or clothing shelter Photograph someone being kind to another o Read to a child o Donate books to a daycare or school o Tutor a student Be a Safety Patrol and help kids get to and from school safely o Pick up litter (Adopt-A-Street or • Collect mittens or socks and give to those in need • Care for the sick • Volunteer in the community (schools, hospitals, churches, etc.) • Plant a tree • Visit someone in the hospital • Bake a hot dish for someone who just returned from the hospital • Pick up the mail for a senior citizen on your block each day • Adopt a homeless pet at the Animal Humane Society o Donate time at a senior center o Clean graffiti from neighborhood walls and buildings o Transport someone who can't drive Park) Itmrsmi i s Fi V'resentationII]1Recognitiory i1I1Certificate Ceremony 1.City Council read nominations received for Random Acts of Kindness 2.Certificates issued to those nominees present Nominator N ame:* Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Addr ess:*sarah ekelundrdale.or Sarah Ekelund 5421 Brooklyn Blvd Brooklyn Center MN 55429 Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our commLlnity a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations, All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information NOMINEE Contact Information NOMINEE Individual, Group, or Organization Being N om i na te d :* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Walmart Brooklyn Center MN 55429 Donating $500 to Northport Elementary. Random Acts of Kindness Online Nomination Form ice 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center ,ty Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:*St. Aiphonsus Catholic School Address:'7031 Halifax Ave. N City:*Brooklyn Center State: *MN Zip :*55443 Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: 1 p Code: ;ief Summary of Kind Act (a spontaneous, selfless act towards someone or something) NOMINEE Contact Information Brooklyn Center WALMART Manager Kristin Wolf 1200 Shingle Creek Crossing BC MN 55430Thank you so much for the $500 grant for our school. We are looking forward to spending it on some outdoor equipment of our preschool program. Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summery of Kind Act (a spontaneous, selfless act towards someone or something): Shelly Korby 4700 Marigold Ave. N. Brooklyn Park MN 55443 763-493-9311 tskorby@comcast.net NOMINEE Contact Information Brooklyn Center Walmart Manager Kristin Wolf 1200 Shingle Creek Crossing Brooklyn Center MN 55430 The grant that we received from the Brooklyn Center Walmart was very much appreciated! Garden City Elementary was able to use the money to support our spring celebration. These celebrations are really important to building student relationships and improving student's academic success. Thank you! Random Acts of Kindness Online Nom i nat i on Form Since 1997 theCity of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our mmunity a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual organization or oup towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: * Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: rief Summary of Kind Act spontaneous, selfless act towards someone or something): Alexander Ryan 6912 Toledo Ave N Brooklyn Center MN 55429 6126707698 alexbZz^a nAer NOMINEE Contact Information Mathew Chopp 6907 '1 oled tI Brooklyn Center MN 55429 Saved a package from our stoop from a would he thief, and kept it safe in his house until We were home from work. And that's just the beginning, been the kind of neighbor who's done those types of things for the last couple decades. He even works for Brooklyn Center. We couldn't have a better citizen! City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: 5\^Street Add ress i1 Beard to-rk City, State, Zip Code: &c'K11. --h-, (14 Email: Telephone: hit& Nominee Individual OR Organization or Group Individual 's Name:Name of Organization or Group: eui,ah- cla 1 ,Y1 ,h )1rSStreet Address:Street Addre 's: 5C /_ •arci_/_ City, State, Zip Code:City, State, Zip Code: - (-Email:Email: Telephone:Telephone:1 C-( Brief summary of kind act a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) j a: l ic ir n 1;- '-y-a n ore cthv e ys 141 err c'r u c t4) e 11 Aar Otv l atv,,and h'c/ V ('o h' rc & c A e ( : h6W Of C 1 Ch e d. Return Nomination Form BY SEPTEMBER 21, 2017, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees Nominator it Street Address: 11? ,4i City,State, Zip Code: Email: Telep hone:1 No minee Individual OR Organization or Group Individual's Name:Name of Organization or Group: )1 /VE 3Ab'S Street Address:Street Address: City, State, Zip Code: 8rcLtter MA -c'/o City, State, Zip Code: ___- Email: V v ci i'rie e. m Email: Telephone: Telephone: 763 37OBrief summary of kind act a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) ey (j -)iia-vtc, Svjio rh; idr hv) Vc/cir, ey hv) Return Nomination Form BY SEPTEMBER 21, 2017, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center resIdents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work, A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being N om i na te d :* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Diane Sannes 7006 Willow Lane BC MN 55430 makendmeet @ aol.co Contact Information Keith Stutz 7001 Willow Lane BC MN 55430 Its Great to have the Watchful eyes of a good neighbor like Keith - To call you at 3:00 a.m. to tell you-you Left Both of your Garage Doors Open-instead of Closedlll Thanks For The Call ii!! Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -AesopNOMINATOR Contact Information Nominator Name:* Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Diane Sannes 7006 willow Lane BC MN 55430 jj drngtaol.GOfli NOMINEE Contact Information Odyssey Academy School ---Craig Smith 6201 Noble AveN BC MN 55429For 19 years Odyssey Academy School has provided the Students and Parents of our Community with Excellent Education -We Thank all the Teachers and Staff for preparing each child for a successful future I! Thanks to all the Staff of Odyssey I!! - ODVSv A 1w Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind at is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being N om i na t e d :* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Diane Sannes 7006 willow Lane BC MN 55430 makendrneet©aoLppm NOMINEE Contact Information Mark Allen -Allen Property Services 5427 Twin Lake Blvd BC MN 55429 Mark saw a way to assist local business CUB to Retrieve their lost CARTS -He loaded up his truck and Returned them to CUB Mark..Thanks For All your efforts & Hard Work Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form, You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Add ress:* City:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Diane Sannes 7006 willow lane BC MN 55430 makendmeet(aol.com NOMINEE Contact Information Bella O'Hara and the Brk Ctr Kalelokapilialoha Hula School 7007 Willow Lane BC MN 55430 Thank You to our neighbor Bella for 'earning the hula dance. By taking classes at the Kaleiokapilialoha Hula School in Brk Ctr - Kaleiokapilialoha means the lei of close friendships ... She has brought much joy and warmed our hearts to watch her perform her hula dancing. Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization or group towards someone or something. A kind act is 'random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Add ress:* City:* State: * Zip :* Daytime Phone Number: Email Add ress :* Arlene Swanson 11365 57th Ave N Plymouth MN 55442 geo 7 0 4 O@a NOMINEE Contact Information NOMINEE Individual, Group, or OrganizationBeing Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): BC Womens Club 6301 Shinkge Creek Parkway -Community Ctr Brk Ctr MN 55430May 2017 the BC Women's Club awarded 2 scholarships to High School Senior girls that live in BC - for $1000 Each One was awarded to a Park Center Student and One to a Brk Ctr High School Student.. Members of the Women's Club work all year long to raise funds for these awards— and the Students very much Appreciate the funds which they use towards their college education 1 to vc - rdlim Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is 'random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." Aesop NOMINATOR Contact Information Nominator Name:* Address:' Cit y:* State: * Zip :* Daytime Phone Number: Email Add ress:* Arlene Swanson 11365 57th Ave N Plymouth MN 55442 georReI O40 @ aol.com NOMINEE Contact Information NOMINEE Individual, Group, or Organization BeingNominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): CEAP Quilters 5929 Brk Blvd BC MN 5542955 quilters work all year long to provide Over 700 quilts to CEAP-for Families in Need, Sewing weekly out of Cross of Glory Church they first started in 1976. These talented CARING seamstresses are the heart of doing Kindnesses for folks they may Never get the chance to meet. Thank You ALL Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is 'random' when itis spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate, Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, hovever small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Address City: State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization BeingNominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Arlene Swanson 11365 57th Ave N Plymouth MN 55442 qeorg^jZ040 aol. corn NOMINEE Contact Information Fare For All-- Scott Weatherhead and Staff 8501 54th Ave N New Hope MN 55428 The Fare For All program started to serve the Brooklyn area in May 2017 and monthly brings Fresh Food - to Folks at a Very Reasonable--Anyone can Buy thru this Service Which is Held Each First Thursday afternoon of the Month at CEAP in BC --THANKS SO MUCH FOR COMING TOBRKCTR Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization or group towards someone or something. A kind act is "random' when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): arlene swanson 1135 57th Ave N Plymouth MN 55442 ge7042©01.00tTt NOMINEE Contact Information Shoe Away Hunger --Shawn Morrison, Seth Jankovsky and CREW 8629 Wyoming Ave. N Brooklyn Park MN 55445 In 2017 the School Bus Arrived in Brk Ctr - Good Quality Shoes are sold at a price that all can afford--What a Great service to help Those in Need. --The Profits go to serve Meals to those in need A Double THANK YOU 1tit;Ti1(I wil Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Add ress:* Cit y:* State: Zip :* Daytime Phone Number: Email Add ress:* r'1OIV1lNEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Darryl Sannes 7006 willow Lane BC MN 56430 73aolcom NOMINEE Contact Information BC McDonald's II Manager Gina Zappa 5525 Xerxes Ave N BC MN 55430Gina provided 1000 Happy Meal coupons to BC Students that participated in the McDonald's Readers are Leaders Program -Where Kids Earned this treat after Reading 10 books.....Thank You McDonald's II Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator N ame:* Add ress:* City:* State: * Zip :* Daytime Phone Number: Email Add ress:* NOMINEE Individual, Group, or Organization Being N om i na t e d :* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): darryl sannes 7006 willow lane BC MN 55420 darryl 73@221.com NOMINEE Contact Information Filsan lbrahimjand the Twin Cities Mobile Market Amherst H. Wilder Foundation 451 Lexington Parkway North, St Paul MN 55104 In May 2017 the TC Mobile Food Market BUS started to Come to BC! IT is a grocery store on wheels that brings affordable, healthy food directly into under-resourced neighborhoods. It fills a gap between food shelves and full-service supermarkets by providing a wide selection of fresh foods at or below market prices in areas where access to healthy food is limited. THANK YOU FOR COMING TO HELP BC RESIDENTS Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name: Add ress:* Cit y:* State: * Zip :* Daytime Phone Number: Email Add ress:* Darryl Sannes 7006 Willow Lane BC MN 55430 darryl 7 3@a ol.com NOMINEE Contact Information See below Three Life Boy Scouts -Completed their Eagle Projects this summer to Become Eagle Scouts --their Service Work Greatly Benefited Our BC Community Each Scout is from a different Troop - they are Aiden Shold 6606 Dupont Ave N BC 55430 Troop 9871 Project Wild Flower garden bed at Palmer Lake ---------------ChaLee Yang 7224 Noble Ave N 55429 Troop 299 in BC Weekend Food Project for Elem Students ----------- - Michael Johnson 8125 Russell Ave N Brooklyn Park, MN 55444 Troop 3403 in BC Chimney Swift Tower in Palmer Lake East Side NOMINEE Individual, Group, or Organization Being N om i nate d :* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:*darryl sannesAddress:*7006 willow LaneCity:*BC State: *MNZip:*55430 Daytime Phone Number: Email Address:* darrv173@221.com NOMINEE Contact Information NOMINEE Individual, Group, or Fem.Warner at Park Nicollet— 6000 Earle Brown Drive BC 55430 and Joan Cady atOrganization Being Nomin a t e d :* Health Partners -.6845 Lee Ave N BC 55429 Nominee Address: City: BC State: MN Zip Code: 554 Brief Summary of Kind Act (a Health Partners and Park Nicollet have hosted 2 Free Fresh Veggie Give Away'sspontaneous, selfless act towards this year at their offices.. Thanks for Supporting the BC Community and for givingsomeone or something): to so many!! Random Acts of Kindness online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -AesopNOMINATOR Contact Information Nominator N ame:*Jack MacMillan Add ress:*6417 Colfax Ave N City:*Brooklyn Center State: *MN Zip :*55430 Daytime Phone 952-994-3474 Number:Email Address:*cmacrntaOLCOffl NOMINEE Contact Information NOMINEE Individual,Jill Dalton Group, or OrganizationBeing Nominated:* Nominee Address:6417 Colfax Ave N City:Brooklyn Center State:MN Zip Code: Brief Summary of Kind 55430Jill Dalton works tirelessly to support the environment in her community. As a Park and Recreationin increasing the number of recycling Act (a spontaneous,commissioner for many years, she was instrumentalin Brooklyn Center's parks. But beyond that formal contribution, Jill rolls up her sleevescontainersselfless act towards someone or and gets to work. With her partner Jack, Jill serves as a steward for Firehouse Park near her home.recyclables and making something):On a near daily basis, she helps clean up the park by collecting trash andbeing used correctly. She also maintains the flowerbed aroundsure that the recycling containers are Her ensure that our park stays clean and beautiful. Jill also is the founder of the park's sign. efforts'Friends of Brooklyn Center' page on Facebook that currently has over 2700 members! This page is and create positive ideas that willdesigned for our citizens to come together to discuss solutions benefit our City and its residents. City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four ('4) Nominees Nominator Name:\ M-F! ( -,- Street AddressL : J -' 3O r+ ftve. City, State ,21p Code - - - LIf\ L'r-r I liv Email: I '-4) (T)\h Co1v Telephone: - -- ii 3oo 73 Nominee Individual OR Organization or Group Individual's Name . fl ('_, 4 jcL j\jrvj Name of Organization or Group: Street Address:Street Address: City, State, Zip, jJ\) 'ij State, Zip Code: Email: (1 Email: T elephone:7 G3-5 4- /9 9 Bnef summary of kind act spont an eous, s elfless ac t towa rds someone or something (use additional sheets if necessary or submit separate letter) ck/t-kA h5 ro 1.k ' pr° -1J Or ?L. U-) r4v v fll r I ç-2Q. o-- ° I) n ') L 1r/J Oi i'Ifl P-IjCi7\ ) j'fr n / ft (),(\ l' t J i ¼ < k(' I L'' ' i / j f) f f , (J ')--i>t4 )2J>')E )C:V U ( j I) 0 "1 i) I . L I.JtOI a \)y fi:' ^)A-I O---2cQ ir'L /i -j- )iL &r 04 &t"))/fl0I J )' !' k/ 4305Ilki--t ,fh' " (I '(LL )i) I1L ( Return Nomination Form BY SERTEBER 21, 2O1 '1 to: City of Brooklyn Center, Random Acts of 6301 S o At MN5?43Ofj\,5 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominee Individual OR Organization or Group lndiv1c1çil'I,rne: I I Name of Organization or Group: Street Street Address: City, Stat e , ZipMo e*ity, State, Zip Code: o i-n iCc 'I" Email: Email: Telephone;. - ôo ' S C Telphone:e I (i.it5 d-II ) Brief summary of kind act a spontaneous, selfless act towards someone or something (use additional hets if riec'sry or submit separate letter) 9 ._. )Joti.LI . f) i 1) ' V 'P'-4-. Ji? )CC '\, 4 ?\J '\ ( I'JTr, /Q.1 ->I 1)LI - 1) w () / j (J : I kj2- Q. bk) L-i P'Lt4 'J Ou i J/)L.fl4 kE1 I (I ji)/." . (4 1 fl 1i 1Si 4'I r'1 -'ieQ htO ( tt'l')( (?iI' €IJ4 J /JI) jf\ 1 ,, (J( (/ )/ (' - ? i) . n t f :i.. 1)1) (1- ') J I'! (i ,' ('.b I-'.4'--_c' ,c''/ (, r Ii( / P 1) I rrU - Jy / h Y / I 1' , , L 1 1' 9 . () ") •. - Q)( - Q / l I)( - h.'-Q 1/*i L;•4a' J5p4+-( ./i" /iu) I ,- / 1) 'i / \ . t 't- 'i ) 2j'L -, U L -i-' 4 't ir' _ ,klx. cv^ a (e1r b f t° h Jj_)(3 i'-o c CL(,) ( (I i ic/flfl /. .j)ji /.r) "-.) t if)f( vt /{)Ijv'; tLVO 1-t&-7 L f--LLReturn Norriination Form Y SEPTEMBER 21, 2017,jlo: City of BrkIyn nter, Random Acts of Kindness OThcef the Mayor, '8O1 ShjnqIereek PrIay Bro0InCenterf 5543O........• - ( (I f( ' Jk t tL.4(1 /'- I L i' ii J- I ,Q c1 ) p ' (.:J )-if /. jk -- L(4 'Qi I.. tktj . (/, i)O,) City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees Nominator Name: ('4- (\4 I IL - )/ IIv1rLc?Street Ads) r'R ecA er& We- N J City, St at Codqj °C&kr J")&) 5L/I LIEmail: J et J) r;GTelephone Nominee Individual OR Organization or Group lndvd a s Nam'4-) )-k!(- ow-on Name of Organization or Group: Streetdctje, -Street Address: City, S1 Zip C,) (jff-6 0 State, Zip Code: Email: (1 Emhil: TelePhon,3 r' 3 Telephone: Brief summary of kind act a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) £ aJ 'A V7 'T ') [) e, vo ir 'I 41. YL\ /f4 cc'i - r o Ir,(' ;-(1 'L 1'( i LQ i1 i. (j' :'V' LG 'I J i1 - & /1) r, I Lb t (C I -I - ;J- J\O.2tfl' VATI CA-1 j \)- ICj. U 1)!) / / t - - L 3aç jj -i--'-- i&4 I-1'tI-- -'-'V--- U' Y Jt"\ I Return Nomintion 'Erm BY SEPTEMBER 21, 2017, t:ti City of Brooklyn =enter,. Randm Acts of 7 Kindness, Office of the Mayor, 6301 ShinOl, Creelsfarkway Broklyn Center, MN 55430.1) cU I )fi -t- I c JJ! Otl ( '- I ) (i I t i\ I ! L t i i i 1 c-C- -i-' •- -'m- 4's. City C©uiiriiid Agenda, ]Itm Ik Cty Liíi1di1 Agefmda 1Itixini Nu0 110i #1 COUNCIl ITEM MEMORANDUM DATE: October 23, 2017 TO: Curt Boganey, City ManaJ FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5331 Camden 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 5331 Camden 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 III Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-12-2017 The Owner, Ross Herman, applied for renewal of the rental dwelling license for 5331 Camden Ave N, a single family dwelling. 07-18-2017 An initial rental license inspection was conducted and failed. 12 property code violations were cited, see attached rental criteria. 08-18-2017 A second rental inspection was conducted and passed. 08-24-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-24-2017 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 Mission: Ensuring an attract ha, clean, safe. inclusive conunuflit.v that enhances the quality oJlik fin all J)eaplL' anilpiaserves (lie public Ii'iist EIJhi[O1 I U k'A L'A S 1k (I] t1I P1BkkI license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-28-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-29-2017 A Mitigation Plan was submitted. 09-30-2017 The previous rental license expired. 10-02-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. If approved, after six months, a new rental license is required. The license process will begin approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program, 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and f'JSsIo1s: Ensuring an attractive, clean, safe, inclusive conunnnil,v that en/Inn yes rite quality of/Ui' fir nil fJeapl/' and preserves the public (tust EI1II(J I N U Ik'J U I k"A [I) 1I I1IA I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month, 114isf on: EnSItflhIg an attractive, clean, sitf, inclusive cominuuit,V that enhances the quality ofhife for all people and preservcs (lie public tract [i[$1Ui[iJ I U I I UYA I D1A [0] 141I UhJk'A I I 1TflU Frii OR I r'T FiTTfU fZirsii uiiwl (IIII(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. IJicsion: Ensiiiiiig uii attractive, clean, st/e. inclusive con mWility that enhances the ij,iaIij q[leti' for all people anti preserves the public trust IIi1ik[iJIN I N LU (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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 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 Mission: Eizeiriiig Un UlliUCIIVC, clean, safe, inclusive connnnnzr that enluinces the quality a/life /0/ till JJe)J)k' and preserves the public tins! lElilihYIJIU I kA LU )k(I)tI I1Ik'I 'e reater than 0.50 LL1I iti There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan 1JLcsioJ1: Encsuing au a#ractivc, clean, saf', inclusive conlnwnuy that enhances the quality oflift' for all people (mil preserves the public trust BUILDING 1D COMMUNITY STANDARDS R$r City ofV BROOKLYN CENTER Rent a l License Mitiçation Plan Type I V License Handwriuen Mitigation Plans will not be accepted A tUabte Icoit can be found on the City's woul to at ww'ci1yob'oa ;ce'terorq or cait Iej 561 3330 to have an eeetroilc Ct4Y Coot to ,'e 0010 )OW 11 AtJos I 0 N N,n oCj (34 C i; ) s C PHO W s Lew 1w Aw N 07 MN 'i26 )ers Protlw 01 Lccat Aqent(s) 'RO /gem's A ddressi 3 5M C'jt)fl s0rumun,04 WA" /4geoto Ph Nwl $4 1 U40 M S A(J(/i'tS Ltii )U 4IJ c t14v'jm Cron1 Expfahun Dato; 0 JC / Pending LC ^piradon Dale a a' a wised on pro p erty car dluns 410 O V0000lOd otiee iiuiS3IiCO mini Um al'Mvct ileea 4 0 Ip ty no• c Li0 I YPO IV( Noitth Rental License Prier to op eation Opprt)vai 07 OtU City 0 ut y( 10J tOtCJ M Coatco PPm IIIUSt be completed and approved by City staf, A Pft roust no eoP'.t00 'irmediately in OrN( to ensure tmty to OCtCJfl of We lronCe IQ 40=1 ON. 0055 H e M qn0on Hon should indbAte the steps be119 tacerr to "O M (Irs C4'td ;otLns arid Urn cf4;S that v hO CiNN. to ensure ongoing On mCM with City Urer aices a nd ZW,W, co de% A M rja000 Pha n a0m'a; the owner ar'd th' City to review conc unns tk t 7 y 1ntCt /dut orrC to i r'i'0 (oierJli ;eiidti0ilS ot tIc rnpmiy, it the Mt; ton ortr Cod an d all aNys 010 not CrtmI0 WIUIO But pondag ICO1SO P OW N. too rhovo 04 00 cnw awn hi,pno the lr0i50 ('l5 ototh hoW onturcr'iuCt't amrorre Corn as CitOIO0 formal ru'a; iL (" l"iiso t0/ r My N(Sttit Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5 T,;i. 00 ' 0Art 1 City of Bx0010yo Ct ButIding an d Conmuttity Siinditd Icpntrnenl •iio , ( ' 1A WPI C 181 I LIWW I ': N 33 10 0 /11 ' BUILDING AND COMMUNITY STANDARDS City of YN S Nr Ae N CENTEr. d tyn VN Rental License Mitigation Plan Type IV License Sections ACrimo Free Housing Pie gram Roquirrnnonts Phase I I 11 U i0r0;me(iI sh tee Cn , I oasn AdwHAwn A copy of the lease agreement and Crime We Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 7 /pee to poo Umu ieatn or Ins a eernent or evton of I nn1c wo vnidtu the h:ns of Ine ase c ei niu GJu I crtrma tmcqrond check for hi new pusect ye tenants. If Ii I tck mud ci 'ct required, t.tusl be ObO to 'pr o vide deco to Cy I requesk"'I j Alumni a (Ay apnroee o ghtdreu Come Roo Housing tramng coruse InfomiaLon for amnoved noursmz G a n be found A w'w mncpsnat onder the I rmmno and Events tab, A copy of the Crime Fme Housing Certificate must be attached to the Mitigation Plan when submitted. (Ohre We i k o wng inuj wu nou ,c'iid uohs n i'!ued k. '' Mawr w uqeui atei e,r pnriuq h) p Vtonj tr;'eni al dl y cf. Y I Vj lrut Mcmivy 1rdahu by the I 0 uuy of emo Phase II (/J 1) Cccupeii: a Socunty Asessiiont and InpIetrent improvements requested by the eoHyn Center I'ocu I.)epantment. Jo scheduo an initial or foIow'up Security Assssoent, call (763) 6643344 Afe1lowup assessment most be completed before the license expiration date to verily the security improvements have loon mpci 1( pmj If u S euro ty Asse'sp" ;nit eas 00011 previously compo ted, wOIO th i mI'i Securdv Assrmrimu vm com;hteh 01/IS chcduhd for S:nmty A. (';!u'mt f0ho opu p WaS c cpnrmi 000s wChudled ro I h Continue Sections A, Phase III on page S. /. hi.. Y 1e , ''v i " , 4 ..r c Wy of )3iookiy' Center— fluiIdinj and Cut nuniy Mandards t)oprirnont WAW . I', '.My ., I i )10 I no ' t1)''. iy / .s Ii0' Lfi BUILDXNG AND COMMUNITY STANDARDS City of LBROOKLYN •c o r MN Rental License Mitigation PLin Type IV License Sections A-Crime Frog Housing Program Requirements (continued) Phase III {I rt i. nJ ,t i;/ 2) ci thH A R LI n1Lqs The A RM meetings must be coit pinted within the rental license period and before the pondtng 1 ypo 1V t iCunSo expirutton dub. WANK , (cO huwwog YOu Inusi H chwq ILL nwolmy Me L( w00 ngU ]itLL UH01 u nt LI U Wner ur agoid v.l ond A.ftI/. titqs Mhudy0d on I and /1 2 lao 110 ra:at cole 011, rcvtocc/ done tIed ith he pant year. The following actions are required for properties with tour (4) or more units 11 1) Cot'dvi rc5td0oi P tnuil unnenlij M it nludes crone proveiThuli t0hnique [2j Cctcduct rc-uLe bus eoLt 11 1,001 flgS. V Y . '. M . . i l U Cny ol Boo1Lyn Centor Jlulldtnq and Community niMd Oopatmunt rU n' 1 n' 17015611111 BUILDING AND COMMUNITY STANDARDS- City of i BROOKLYN ( N CENTER Emu Rental License Mitigation Plan Type IV License Sections D-=1 ong Term Capital Improvement Plan Hund on cWhon and nv ostrtod pcciO k1tes need to Lu providod for con moo OA0 1 m, Funding ofcrrld Lo rorovluujd aoodny Unis that are brokon, v;orn, or otnhrwSo in h 1or l;ror in the er;Omntna tephcomm dab, rood to be ropiacod onmr, AO Oonir mw) t a en for :fwuat( d kopocerw ,e _Doe Dates such as: "unsure "don't know", at' "when broken will not be accepted, If you tire unsure of whon an ilOm v.111 need to be repaceo, yoj can d Wo Mm based or toe m;o, apoeranco, dOme on nnufrtue1rnOa.try i i datu'., Ad :ooO ntcr'Ntn on ['croci Uoh LOu ran he Inc 0 at [ 0 Itwn Date Last Replaced / /i ih,r / ny 2( 10 Kmism Apncc. LiiVt Apriros 'n ,n aroc 'Nun to 'rOt An'u xNr'.C;r tOflr. I 0 r ire Shed G Condition Expected Replacement Date n N O2O o 0 G C t)ui r n..'', N,, N Or' Li I,' I 'O,. nni' 0 Oty ot tnob1yn CCter uOdnq and Conniuuity Mandwrdt, De1 4xtn\olt• ', . in '. WAY 00 0 4n WN 54 A 101 1 Hanu 0 ' 3..O I HY 1 11 t1,( n' 3,t 0 BUILDING AND COMMUNITY STANDARDS City of fBROOKLYN won Ave 14 CENTER l3 Jt Rental License Mitigation Plan Typo tVticonso Sections C—Steps to !mptove Management and Conditions of Property NO Iola in th 4 :ri 'e Hon (I VOli to M ost Wll lY0m(4 lmlt and p(u jtl nap Tile to owing actions are roquirod I oth ant niir J0y 2) )n o''n—rip, to, chmj Ir posshlMe code VIY,it l:v;C tonnnjs to vn)ato 1 of Pin lease or any addnJums 111 4;Romain cturenton till tti4ty fees, taxes ass SSmOOH 'ItOS, pltiltt05 and otter at ; rn ntttS dim 0) the Cttv Ho following actions are optional unless required by the City. ] i Provok lawnisnew set Co. [ 2) en <jarbn;n I t4 suc idly stem 41 kwide iiflhnitOti( C; S0tiC0 tOO for appimmes. Nrtin of servicO COri;ofly ) dtlter. 4 1 yn IV(t Olnitli IH i 0 tovm 4 itppC0003 by the Coy Ccuiti, tC; liiistir; rojstCe ili IflO :4 promO Mtt tt Ott pan 0101 Ott ipOliC tan City Cocos A written report must be submitted by the 10" day of each month wdti an update of actions being taken by the owner anrOor agent to comply with this Mitigation Plan. A copy of Ire Monthly UpdOtn can On Wmw on I A Thum frito oai be W IN on tO GOYS vmostC at uokyrtcCnt( orp or nii to have an MOW*onti 'oo nnt to CfltOil. Please attach additional information if necussary, r )i C 0ity of fluoilyn Cvntt Iuildinmj a n d rcnirnunity Swndmds DcpautnarO WX L 00' • - BIJILDING AND COMMUNITY snNDi-usCity of BROOKLYN1') • ) Font.l [tc-o litti(a(ioii PI - -Type I V I-Wonso Sign and Vorify vurdy thul ut uiformuhor provduu is Iruc and accurato. I uc uctund that if I do not comply with the up Run compty vu!h at items vAin Hiki Reuse ponmt or operate beyond thu kA no lhlu rlufe, cement actions seen an WWI forinut ccrnpLiints, or consu m.iew l oil 'tar ai •'t hf" 'tn. hcm tOl fOAPPOWAK i A= Ta (ta('r I wmwv (nA•p.'miin) Onto City Sht( Only t;n 00k i,2iL,fLL 4'- - Cry cal y ci ihookiyn C tnrr-uuudjr9 and ( rnrnunity Standard,% t)c'piuimoi1 wi ''--''"'-i --'• cato 1 OM40 CMA F,ii,.,, ht'ccer Cr•ic,' 1.6 55'1h5215'j 1 ICirri I'/'3i s$i3a 1 1Y 7 tue Ctty C©i1ili Agenda H©m N0 102 #2 COUNCIL ITEM M]EMONDUM DATE: October 23, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^Imnvv"—Iilk SUBJECT: Type IV 6-Month Provisional Rental License for 7211 Camden 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 7211 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-30-2017 The Owner, Arthur Leroy Bannerman, applied for renewal of the rental dwelling license for 7211 Camden Ave N, a single family dwelling. 07-24-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 08-28-2017 A second rental inspection was conducted and passed. 08-31-2017 The previous rental license expired. 09-06-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. .4I!ssion: Ensuring an ilttraCtfl'C, clean, safe, inclusive conillulnhty that enhances the (JllaIitJ' of life fat till people and preser v es the public tins! S11]ih[SJ 09-06-2017 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. 09-19-2017 A Mitigation Plan was submitted. 09-28-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. If approved, after six months, a new rental license is required. The license process will begin approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. &ct 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 leve' that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean sqfe inclusive coma unuly that enhances the quality q//fe for u/I jeople (md pieSeiCCS the public trust I[I1SJ[iJ I U I I Dk'A Uh'A I ah"A [I) 1AI IlSJk'A I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: !ncziring an attractive, dean, sufi', inclusive comiiwiiity that eflhlUfWCS the quality of Lfe for all people and preserves the public trust [IIi1IJ[i1 IU I I k'A UhYA U Mk!1 (I) 1WI BA!A1 Rental License Category Criteria Policy - Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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. 14,ss,o;z: Ensuring an aft;'acttve, clean, safe. inclusive cominunht.V that enlniiices the quality ojlfc for all people and preserves the public tract i1IJh[SJ fl U I Mh'AUkU MOJ 1WI I1IiY I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I—3 Year 1-2 units 0-1 3+ units 0-0.75 Type II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III 1 Year 1-2 units Greater than 4 but not more than 8 3 + units Greater than 1.5 but not more than 3 Type IV-6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 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 035 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 4Jisioii: Ensuring an attractive, cleats, saiL', inclusive cosnnu,nit.y that en/sauces the quality ot'lft' for all people and preserves the public trust EII1SJ1(iJ I V V akA LA I k'A(I] e1i1iI IlIIh!Al Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan Ifission: Eiisur!ng un attractive, clean, safe, inclusive comnnnuhi , that en/lances the quality of life [or u/i people and preserves the public t;iist City of j?SEP1 8 2 1,iW1LDitG 1iNi COMMIJU(TY STANDARDS f jBROOKLYN Rental License Mitigation PinCENTER Type IV License Ila,,dwriUen M!tiçjatioii Plans will not be accepted A fiHablo form can be tome on the City's WLbSitC at v vc'efU oklyrieeteeup or caH (763) 5043130 to have an electronic copy sent to y ou via (iOi. Propeily Androns. fd C:.' ici Si 1 Ott i t 1 54m C)v;oers Nae1;). Not Lt,tc LLU oral Agent(s): MiKlet' 55 (_)vncr's !ddress: L LSiYfl ('rnV Sit CVO2i'5 1Ion( f61) •'2O. s Euail. At_Si re Gui tot 0 Expnabon t late t /d1ents idd ress: 1212 Av& LOOokiyr Si''rt'. t,t't (2 Agents Phone: (1(5) 50t .OhOi Agents Email'tin i:2 Pending Expiration Date:2'2s i Based on propertaj comthons and/or validated pOlice nuisance incidenC, the above referenced pi011eity qualfios foi a Type IV6 Month Rental License. Prior to applcation approval by the City Conned a iuy completed Mitigation Plan must be completed and approved by City stall, A M lijatiun Plan must be completed imiiiediatety in aider 10 eu5-J1e ttnioly coinplebori of the license application cress The Wgatian Plan sliouki indicate the sops being taken to correct idontified violations and the nioasnres that will be taken to ensure ongoing compliance wth City Ordinances and appliratrt cods, 1 ilitiqation Plan allows the owner and the City to review ronccit ns ann ident tj l0s Ic sMut ens to ir git eve Over/Ill conditions of tho preper ty. If the Mitigation Plan is not subi nittc, one all items We no completed within the pending license p01(0(1 01 thO above ru Upei t/ operates byunJ the license expiration dote enforcement actions such as WAY to' mal complaint. Or license reviev nay roSult, Before submitting, fill-out Sections A, B, and C located on pages Z 3, 4, and S. Iy:. IV BMW 1,5, Fe i o f D yac kl yn Ce ttu—audcllnrj and (otnoniniiy SI MMS0% Oepaitmeni own )O, . '' Y r' I '" I, Phase 1)Wie a vuittefl La qqleewlew, Tho, loar"o, hill include the Pimit Free lousing lease Adthrium. A copy of the Use agreement and Crime Free Housing Lease Addendum must be attachod to the Mitigation Plan when submitted. 2)Agme to pursue the terminahon Or lease m ce rent or Oviclion of tnuffls who violate Pe tot ms of the lease or any addendeme, I I] er Ou I Kni nal H(round divok ha atnmy WoWmdbe Wants. g s a uuueM tenant a not background check it; not required, k1ut no able to provide rlucumentation to (ity if requestel 'ij i-st' u a ' approved eight-how (n it %o 1hosOg naming course. Inkamat on At 0 p Ic tOO (Oil men Can be found at www.mncpa.net under Vie Ttwnhig and Even/s tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when sThmitted, Crime [rite Housing trahiinfj was completed on/is schedule(Ito I Ovawr or agent anendeMs planninti to attendI bairn ig at edy of u) Submtt Monthly tJtdzrt by the 10 day of each month. Phase II E1 ) Con;pteio a Security Assitnsment rind implement iniprovCmOnls requested by the Brooklyn Center Police Departurent To schedule an initial or folLow-up Security Assessment uU (163) 69-i344, A follow-up assessment must be completed before the license expiration date to vorhy the seounly improvements have been rnplernented. If a Security Assessment has been previously completed, writo fbi: corupleborr dale - S nit )' O SL 55111 1r OS CO I ti'Cted On""' I tur I Security Assessment follow-up was corupletel 00/is scheduled or: Continue Sections A, Phase Ill on page 3 a/i w r :50 a/eL t t1; 0n coo ta/v 051 15 City of tirookiyn COMM-Holding and Conurmnity Staudad Depailmeni w,v l51mo/ynotoLt 1/a/I s Q W a r a-oo°a/ cm 50413 1119 1 eo t•:a 5603320 1 1 TY. 7i 1, O; )-5/t51) BWLDIN( AND COMMUNITY STANDARDS City of L B ROOKLYN tto Rental License Mitigation PlanCENTER M Type IV Licensr Sections A—C, in c Iroc Hotiiny Pi ograni Requ! wn onls (contintioc! Phase Ill 1)Ow n er or agent vK H attd at meitnum 6011 (2) of the ARNliz nrectings.The ARM meetings must be completed within the rental license pm lod and before the pending Type IV License expiration date. Reg ^sIratjon is not icquced, owevm you i:ust sionin dwing the meetnq Write two meeting date an OWUeI om agent plan to attend,i j 1 i At ii y Cvrmr em aoen will attend WNY meetings sdeduled on: L/and_jt 7 2)Huvu r u p ,--at C000 violations l)meJIOUSIY documented with Pie past yea( The following actions Ore required for properties with four (4) or more units 111111111 1) Conmiut mdde ,e Paining annunUy that lonludes numb p'Cvbnton t(-:chnqubs [ 2) Conduot regular ieiudont meetings. F. 5 Qe iVf' . i'O 41U 15 co yy of B ooPlyn Ct'u u --11 u tId tug and C munu t I y Standnds Departmelill VNMV I r - Coll s- Myn Wok 1. 1 1 i ? Condition Expected Replacement Date May 2020 C:20 , 20 17 2u2h F 201sJ Ct BUILDING AND COMMUNITY STANDARDS MY of - LvWynBROOKLYN Cnn , Rental Licanso Mitigation Plan Typo IV License Sections B Long Term Capital Improvement Plan Based on Candlion and age, est.nited replacement dates noO to be provided lot comnon capital I nediny AM be COnsl(lcruO accortltnplj. Items that ate broken, WOU1 or otherwise i n v tioli pdor to (h ustki tated replacement date noun to be replaced suonu . Alt heO tS oust nyC a W tIe En [5tUiO1J Ci ke1i(Oit.(.1i( ['uu. Dates s ucir as: "utisuto'', don't know'', or "when broken" will not be accepted. If YOU are unsure of when an An wtlI need to he replaced you nun o rake a otedicton based an the aye, appearance conrlhc:o or rnariu t acture/iodustry '1o'mre'nlans Additrnnl information on P xpuctnd Useful Life cart be found at vww,irudjov. Will Date Last Replaced E .injue: t•Vokn Heater May 2010 Ut tome Water Heater Kitchen Apitliaaoes Laundy Appl:nrtces 201 it ioko I urns 1 Car b on ,iunnxida Almnts Xl " / Exter tar Items PAUSMy pay 1 20 \tr1oo\/s I Roof Fmico Stied :L U Gainge - - lii vt'.vuy 0 ti 2021 C tu so MiA U 20th 'Cnt' u AUUu.Lrom AM Cv. I to Needs Roptacen'ent'R C4.14U City of BoohIyt c itei.—B1Idltpj tid Co uuetty Stnc1d Dopaniorn im, resvtdt CJ SO 0go (otU Ur /1/NSS4AI 51C I I Ii(,iiC51 hoC StUCVu 1 1 1 10 P BWLDXNG AND Ci U1\'HVW NTY STANDARJJ S IIkr City t Rental Lmm0 Mitwatton Plan ISENTEIR Type IV License Sections C Steps to improve Ma!iafjement nncl ConclUlons of P'opct1y 1 ituiiit in bus section have been proven to assist with popitty management and propet ty intnqe The following actions are required: Check a cub tenants v(',r' 313 days. A/2) Drive by ronty to cher.k tot posibk code violations, ] 3) F-vtck tenants in vk aian Of the lease e any addendums Wj dj Pimoin MUNI en aH utility sees, taxes sranta I acs. penaihes, and other Inancjal clahusIpaynwds due to the City, h) (thin - The following actions are optional unless required by the City, [1111 1)rovde lovti/snrw sievice, I 2)Piovide arhajo sutvrce. LJ 3)Instail socutity systeri 1 4)Cr(vi(lE tnaintcnnnce Ot JCO plan for zipuinnces Nal -ie of service company, U 5) Olr:L If th lypo 106 With Nental License is oppovccr by Ibu City Counchl, the licensee must comply with the appiovert Mtirtation Flan all applicable City Codes. A written report must be submitted by the O day of each month with an update of actions being taken by the owner andior ajent to comply with this Mitigation Plam A copy ot the Monthly Update can be forrn(i on poue 7 A fiIIIIA lot , cart he found on too Cttys jtWt at w v.cieyofLnookly wenteroig or call 733) 509-33.3 1, to ha'o an electronic copy sent to you via emah. Please attach additional information if necessary lvi r: dL St's 4-1415 city ni jj ro okj y4 j Ce t—Bui1d1nO nnd Cvtw unuity Siandaids Department e-.( t, 11 4 "f i too 1 1r' 71' I f,, )5'5 34L BUILDING AND COMMUNITY STANDARDS Cftyof M EtiaO Rental License Mitigation Plan CENTER Typo IV License Sign and Verify vilify that all intofl'nlltlOn DfOvtdad is We and accurato, I ulld stand hat if I do not comply with 1hE3 a ;iai OVOI! 1'.4itigntion PLI 1 C iiply with Al dams withln the license pail d, m ape ao beyond the icso mrpialion date, enfoi ceamut actions such as clations, formal complaints, or kense mview may usuU Peri;'i 10 t;1n LLC Art B anne Ll,:tt lvii (;) /jt( i ;; tv( h( (( /1h ;th lv,v:t: jljti,i' Pw'ic An'a ia .a ;n' City Stall Only S CS ;lm/nol( 041/ // J H1 IT ; IV ía it! 41 ;, /,0vi vi' , F 40 4-15 City of th QoSlyn Ct t'—BUItdiflfJ and Comnuinity St dkdi 1Jeptli nIQnI it 'vi Ij' iv 4;it th pS-SSsc 1 :i'i 01 1 1 Cty C©uim]1 Aimtha Hem N©0 H1a #3 COUNCil ]ITEM MEMORANDUM DATE: October 23, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk M4 SUBJECT: Type IV 6-Month Provisional Rental License for 5600 Colfax 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 5600 Colfax 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 thirteen (13) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked . with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. — Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-09-2017 The Owner, Thai Vang, applied for renewal of the rental dwelling license for 5600 Colfax Ave N, a single family dwelling. 06-28-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 07-28-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-07-2017 The $100 reinspection fee was paid. 08-25-2017 A third inspection was conducted and passed. 08-31-2017 The previous rental license expired. JJissio,i: Ensiuiiig on (I(1acui1'e, clean, saf, inclusive conziuuuitv that enluinces the qua!itp of/if i for all people and preselves the public tins! :s1iflh[.J I U UI Mk'A UhYI DIhY4 Li] UhI aui i 09-06-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 09-06-2017 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. 09-19-2017 A Mitigation Plan was submitted. 09-28-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. If approved, after six months, a new rental license is required. The license process will begin approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chap t er 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 /'JLciou: Enuring an attractive, clean. safe, inclusive coininuuir that enhances the quality of lfe for al/people and preserves the public trust [II1SJ[iJ B fl I I k'A Uk' I Dk'A (I] 11I WA'A I 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. iJisiOii: Ensuring an attractive, clean, safe t inclusive cominunilv that eiiliaiwas the (JiUllitJ nfl/Ic for all people and preserves the public trust [I1Uh[i1 I fl M I LYAIhYA I T" (I] 11I )IIJhYAI Rental License Category Criteria Policy - Adopted by City Council 0308=10 Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2, Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 3fissioii Envunitg (iii attractive, clean, st,f?, inc1usive cominuiuty that enlutizeas the quality oJlft' for all people and preserves the public (rust Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only Type 1 -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 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 AJ,ss,o,i: 1iiriiig an tlItl(iC/ii'C, ckiiii, stile, inclusive coinhiwuili' thal enliuiiccs the quality of 11/c for all people and preserves the public trust [I1i1IJ[iI I fl I V I1 U!A I Dk"A (0) 1II UIJI Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment Mitigation Plan 1'J,s,oii: Ln:%UriIzg 1111 alliuc(iI'e, clean, safe, inclusive community that enhances the quality of/ste Joe all people and preserves the public least '3 UI LD I 'IO ItJ'JO C 3M LA IJNITY STANDJUUJ S Rental License Mitigation Plan Typo IV License Ilandwritton Mit/gation Plans will not be accepted. A liHablo form can no found on the City's website at www,cityo( rooklyncenterorct or cal! (763) 5693330 to have an electronic copy sent to You via email Property Address: 500 U3ax Avo Owner's Na me(s): Tr Vr; Owner's Address: 128 ,14 Y' NWGoon Rapics, MN 5541 48 Local Agent(s) Ronrs \Vrhou'o Agent's Address: ¶3200 P srleol Til Solo tOO Edon Pre, MN 65347 Owner's Phone: &i) 2317634 Owner's Email: (h,bmailcOm Current Expiration Date: 4)i I Agent's Phone: (952) 2244609 Agent's Email: nioctte@renterwarchouso.corr Pending Expiration Date: (S rnowls 1rO, C'J1','r x7xrOfl) Baoa on property cod1ions arid/or validated police nuisance incdents, the above referenced property qualifies for al ype lV6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately in order to ensure timely completion of the license applicat'on process. The Mitigation Plan should indicate the stops being token to correct idontifled volatiens and the measures that will be taken to unsure ongonçj compliance with City Ordinances ann applicable codes. A Mitigation Plan allows the owner and the CIty to review concerns and identify possible solut i ons to impro vo overall conaitians of the property, If the Mitigation Plan is not submLted, and all items We not comploWd within the pendng license period, or the above property operateS hoyo'd the license expiration date, enforcement actions such as cation, formal complaint, or license review may resuft Before submitting, fllIout Sections A, B, and C locatod on pages 2, 3, 4, and 5, 414 - OIly ol SroDIdyn C nt utldin0 artd CornO onity Staiidards Depiinnt \'Atwcflyoibrclync'ior ot I :' I' '1 , ' l'1O ot' fl rro-333r 1 t' 711 Fa (763 56-3CO BUILDING AND COMMUNIT STANDARDS Rental License Mitigation Plan Typo IV License Sections A—Cr/nw Free Honslng Program ReqiJIreflwflfS Phase I 1) 1150 0 WrittON lease agreenient. I ho iCUkC agreement snafl include the Crime Fr(;e rig ease Addoduin, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 7] 2) Agree to pursue the temilnabon or lease aq(eemdflt or ev'ctiofl of tenants who violate Uc terms of the lease or any addondunis [s/j 3) Conduct criminal background check for all now prospective tenants, P it is a curmnt tenant a nOw ba(-karound chock is not required. Must be able to provide docurnontalio: to CTy if req uosted /J 4) Attend a City approved eight-hour Crime Free Houscig training corso information for approved courses can be found at vrww.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 Crnie Free Housing training was completed onus scheduled for: /2!16 Owner or agent attended/is piannTig to attend training at city of: H 5) Submit Monthly Update by the 10th day of each month. Phase II [J ) 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) 5693344 A follow-up assessment must be completed before the license expiration date to verily the security niprovOinents have been irplomonted T a Security Assessment has been provously COM ploled, write the completion data. Security Assessment was completed on/is scheduled lot: 9126'17 Security Assessnient fol'owup was completed ons scheduled [or; Continue Sections A, Phase Ill on page 3. s City of Brooldyri Ce lie ig ,u1 c uvueiiy Siend,id O,t0iit uo sn c'l uu hr C rric215i? 7C 55-i3 ii 1 iTi /ll I xv (I6 3UILD.fNG ANT) COINAAWNITY STAP-14DARDS City Rental License Mitigation Plan I Typo IV License Sections A Crirnc Free Housing Program Requirements! conllnued Phase ft 1) Owner or agent will allend at mhw-num 50% (2) of thu A}LM. meetings. The ARM meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registiation is not icquired, wwevur yea must sgnin during the meeting. Write INo meeting dates an ay.rior o,r gunt plan t? attend i 7v 4 Owner or agent will attend ARM. meetngs scheatted on: :n sl 7) tlavo no repeat code violations pmviously documented with the past year. The following actions are required for properties with four (4) or more units. 1)Concoct I esidunt tiaining annualy that inckjoles crime prevention techniques, 2)Ccr.duct regular resident meetings. ;u 3; Tyj'' V I?nlu! iJ;.' 3g'pn ['On, J/, 4- 3 COy tO obeiyn C,-O4 ---fluadoj aim tuity it.0 ud' DItmmit wii 'oft,rokl,ccq cw cn ss e'tO P.' ',,, Cc'.MN 530009 I w' Th3 56130 1 11Y 7 1 1 1 W (3j 569110 GOIVnVIUNITY sTAruAIW Crtot ibELYN Rwital LI000SO Mitigation Pn AS WINTER Type IV LIcono SocUono 13—tong ierm Capital lot provernei,r Pfan 3rsud on condihun and ago, ectimatud rep ornn1 dot need to be providod for common cupbi itern. Funding should he constdured accordingly, turnS that are OTOke(h Worn, or otherwise in vrolahon firer to thu enh'iiaeu roptneernnnt (late 11fAoj to ha ruplucad nutolur, Ali iirr'u; ULJt havu a dam (cn £-,ifci I p!ocoo:!r! Data Dates such a: usura", "dont know", or when broken" will not be ncoeptod If you aio unscru of when an item wilt nood to ho replaced, you can makn a prod lion based on the gu, uppuora000 coodttr0fl, or rronu1CtUrO/it'dust(Y r000nionda ous Additional informahon on Expuoled Uofui L Pu Owl be 'OUnd at WWI1JdgOV coudifiotil Expected Replacement Date F May 2020 unu 2030 July 2026El Dec 2322 Item Date Last Replaced Lxompkl: Wuiw /=1 e &or May 2010 Furnace Jove 2005 VInier heater ! :Y. fl o; 20 05 taanry App'ianeus Smake ,\hrms/ Carbon Monoidn Alirms Dec 2013 NOVOSQm PantISiding Wrndws Duo 2 Root Juno 2005 Fence June -196 Sh ed Oa:açjo Juno 1953 Urivmvay juna 19 , 53 Siduwatkn Other: Vq CA 2223 Dec 2C'P' uuu 2025 2325 Juno 2025 We 2025 lure 202$ un AhtreYlatlO' 0 I ' N( Rtp r' 2 i5i IV 5 (.J L tLt lam -0c 10/ 4 141 I' OIly of I eodyn Ctaleflu Witio end Cornmutty Ste 1:d Derraunt tua c.n , MNom-2 tn rio (7 0) 22O I 7ll r 1G ) 0(9mS2 J3UiiDhG .IUD COMMUiil STANDA-RDS k Rental License Mt1gaton Plan Type IV License Sections c -steps to Improve Management and Conditions of Piopaiy 'm owns in thio secUon have boon proven to ass s With property manapernont and propohy imafj The following actions are required: L"] 1) Choc(-n with tommls, every 30-days. 2i 2) 1)rivci by properly to check for pnssibO coda violations. iVI 3) Evict tenants in volabon of the lease or any oddendunis. ,J 4) Rcsvrnn current on all uhidy f(Aes, taxes, assessments, tines, penaldes, ar-cl other financial clahns/paymclnls due to the City. 5) Other. The following actions are optional unless required by the City. 1)Provide lawn/snow service. 2)Provide garbage sorvc(l.A [1 3) tnstil security system. 4)Provide maintenance service plan for apptancos. Name o s Jtc o' mny. 5)Other: If the Type IVM Month Rental License Is approved by the City Council, the licensee must comply with the approved Moigation Plan and all applicobIe City Codes. A written report must be submitted by the iO' day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found On pago 7, A 1;lIabte fornl can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 569-3330 to have on electronic copy sent to you via ornail, Please attach additional Information it necessary lypto / I ; ',r P ', C 4 14 5 I 44ruiy31 lliii I i$.nqrd Corvuiiurlty St,nd r. 1)jiiO e3ar lcwy rvr ss5 1r (76,31 5530 I Tl Y lit x Cl; -35 N CtL/M JNlTY SND13itD City 01, Retd Liconso rAttlaon P la n I Ik. Type }V Lcenro SNn and Vm ify I vnrVy that dI worrtadon provided Ia t'oo and occure1. I under s tand teal if 1 no not cOITInIy with the approved httiqatlon 9an, comply with sli items whh tie kense pedod, or upoiate beyond the crno torraer d nto ,oaf rcorantt actions such as citato s, banal c oploirits, o istnco mvft'w may result , I nw \n'() (1 lon1t O'c th%'af w A;iit Narno ürJ Tilt(/oc P;iaj 011 8'2JO1 A!cio' O.'.'i st ot Ae I aa' nf hIS, ft1iipp5cah, Paso Pthfl) - 9119/2017 I 'S • J City Su1f Only P0cv Vpinn( 0: DWI . T\1 ([;f^/7 \f tiFi J '47" C ( rnWih SluraTh tis Oo;itwtirti SOno cuuw, MA j : t ill St C' PD'wO 3:Jyn es 'on (/SI) IO 1 ri? I ti: t153) GS-01M City C©uimiiil Agenda 1Itrirfi No. IN #4 COUNCIEL ]ITEM MEMORANDUM DATE: October 23, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JAW_ SUBJECT: Type IV 6-Month Provisional Rental License for 5530 James 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 5530 James Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on seventeen (17) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License, A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-17-2017 The Owner, Ross Herman, applied for an initial rental dwelling license for 5530 James Ave N, a single family property. 08-09-2017 An initial rental license inspection was conducted. 17 property code violations were cited, see attached rental criteria. 09-13-2017 A second inspection was conducted and corrections made; however, the inspection failed due to open permits. 09-27-2017 A third inspection was conducted and permits were closed. 09-29-2017 A Mitigation Plan was submitted. !frJivsioJI: Ensuring ull iiitructh'c, clean sak, inclusive CO1)IJ!WnIt3' that enliuiicas the quality oflsJ Jor all people and pIesefl)CS the public least [i1SJ[iJ I fl U 1k'A I'A I DIkYA (I) 1aWI I1IJh1 10-04-2017 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. 10-02-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring all ilttlu/Ct/3'L', clean safe, inclusive community that eiilui;iees the qUIIhIJ' oJl.fe for a//people and preserves the public tins! S1Uh(SJ I R V k'A 1 -11111 I ahY'A 0) 1WI WIA I submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring, an att,(!Ct,l'a, claim, safe, inclusive coninfuldiv that enhances time quality qjl,fe for all people and preserves time public trust [ES1UhOJ fl I V DIhY4 IhA I Ci) 1WI )1SJk1 Rental License Category Criteria Policy - Adopted by City Council 03-0 8-10 Determining License Categories. License categories are based on property code 'and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring till a1tractiI'L' clean, safe , inclusive comiflhinit,i' that enhances the quality oJlte joi' all people and preserves the public trust ES1IJIJ In N U IL'1 U'A I DIMI]1I )1IJ1 Property Code and Nuisance Violations Criteria - ---dLicense 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring un atizuctive, clean, soft', inclusive conununily that enhances the quality of/tie for all people aiidpreserees the public tins! [EilBJhi[iJ I i I *4 I I k'A (I) 1AWI 100H Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan Jission: Ensuring an attractive, CIe(lfl, saji?, inclusive conmltiuh/y that enluenees the quality a/life for all people and preserves the public trust BUILDING AND COMMUNITY STANDARDS )J City of LBROOKLYN Rental License Mitigation Plan Typo IV Lcnne Handwritten Mitigation Plans will not be accepted. A 1tablo forni can hci found on tPe Cdv s VIMS10 at i.ctvuftcoo;yncooto o or cdi (7b; 56-330 to rinvti an oucPon o copy unat to i') V d n opt ry Atidrusa, 550 kinw, MY Ucuu, Lvo s Ni(s), t Ot nt V L'-C, O,cnurs Addoss, 00 PiOi fWy tJO Ln spynew ply WN 501 0'u 5 s Phone. na an ()nur' EmaiL (oreot Expiration Date. Local Agent(s): non ru i\gunt s tddros, a/n Ln tL I P a?an aa Agent s Phone: ;65j 404 sti Agents Ema L ae: Pdng Expiration Dote, ( Mud an ;Acipup CoPOitu;us or tdtc volrdatcd poWa nursancu toedonts, the ito ,ejjj(JrujCjCed t;or'ulty (1r1i0/s Ox a 1 pu rV€i Plooth ionta' [censu Prior to uppOcaton approval by u;u City Wnwil a fully completed Mttgalon Plan rOust be completed and approved by City staff, A YQuIlon Plan must be completed omechatuly in order 10 Unsure tvnely ecinnletron of thu apaar alrOa process I PC PIOOPThOr) POrn Shmid md Cole We StS bor'q takmi to correct tie YKAdmis and the nwaswes that wJ be Men to enswe Ongonq CofnpliarmcO vth Crly Orduruu tic tj app (,trt)e cX)rrco ANAPgabs, Plan piluns IlaD Owi Vj( one the City to escei, (j hy tsslb titrucO. to rupruo OecOil unnd nons n( toe Voj)Octy If We tt9[dOtr PItiO s ctrL'mitni, and all lurhs am rut compktie\ within the penthnj Itcunse penod, or the ahoac peperly urta ntis Ot/ml the tmcerie o :Wroton date rfo'cotnent actorit; such or; crtnUon, fomil crimpamot or taut au rtiv;ew may rr'Suti Before submitting, fihlout Sections A, B, and C located on pages 2, 3, 4, and 5. P ' V /t' 1 ' 0 t;a ' ,, 4 4 City of Brooklyn CLnt iIulldut5 and Co ti tinily Stamdardu De pa r tm ent 64A '5 5 •' , 55 In, / I !'' , so 35C 1 1 I'. 1t '•; UILDINC AND COMMUNITY STANDARDS Coy of i3ROOKLYN Rental License Mitigation Plan.-gn Wilon MN 60110ENTER- Type IV LIcense Sections A—Crimo Free Housing Program Requirements Phase I Uo a wiitteu nose ieo cot. I he lease aqi aemerlt Shot nalude Lie Crinie kroe i ';nq Ono Audcudaa, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted iAu mn u ;raia the AgrAnAm or gre- or vction of tenants who '° ternC f the lea. any ddadums /i cmdal urruiod leo kOICIJd chock tr;dl now prospadwo Beiani5 fits a cuuent i'e't a ft5 backgmimd eneck a cot MIMS Must be WO to provide cIoc;n (Ot itiOO to Cil it requested 4) Attend a City approved eiqhthour Ciimn f-iee Housmg training coarse. lu1orcntion for onpco ad ccacscc "I n hi aunh at VA nnwprc net under the Training and Bvcots tab A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submittod Crirno we j lying train 110 5 CoitdOtiC1 (;1l!IS scheduled In' Ocer ur aqent ttra'ledas to attefli ran.iiq at City oP 0 at SutinhI Mu ly Udn(u t. ha 10 day 01 cacti moot'. Phase II [i] Criiplute a sewn,/\scssmenl and cmpkment improvements requested by the Brooklyn Center Police Department To sthozlute an initul or Iolowup Security Assessment, colt (763) 5$13344 A follow-up assessment must be completed before the license expiration date to verify the security improvements have boon imporivrand i f a Sei -rdy Ia ossment has boOn previous y cmpiutod wate the completion date Sar.ty f su;cnt oos carupetod .ihis schduiad far j1l Sur ;rCy tna;enarnerit kiuv up wa' cotap uteri Dots scheduled !o , \ Continue Sections A, Phase Ill on page 3. r; ua.. nt M:t f Coy of Brooklyn and Commundy Slandardt Department uivO - a n.j C411 ob Coco a. . NO ' a 1 1 0 :0P v. 7" 1 WX u BUILDING AND COMMUNITY STANDARDSJTCity ef2r BROO LYI Rental Lionse Mitigation Plan r J Type IV License Sections A—Crime Free Housiisg Piograni Requirements (continued) Phco III {/J 1) Omr or uuent %WH atono to JI r mum of thc AR M, metrvj. The AR,M, meetings must be completed withrn the rental license period and before the pending Type IV License expiration date l -togslrauori is not roqmted, ltoovor ou rrut sru1 UI drrj the umuq, Wr c ho ceorrq dutes iu owner or 040111 pkirn to Wout or at 'il n1ftd A HAA nm"WMs cc1u:ud n [iJ UK ftLUt tKiU V1(IK1 p Vftiy dounnetaod n1h the past The following actions are required for properties with four (4) or more units. I Ceduct renddem truftn; arrumily tnnrt neodes crime po/oThon technnques. [ ?j Conduct recjiar rsdnt rCt1s, k K! 1!! & K 4 Ciy o f WcokQn CU'r- Sufldin9 and Co nunHy Sthndard& Depitiien.l swat n•,u 490 'ç 1r 1 3330 1 1Y 711 1 SOX 17CO Ito AN'l BUIL]MNC PLND COMMUNITY STANDARDS '/ City of BROOKLYN n' H CENTER tOciyn (na M Rental Liconso Mitigation Plan - Type IV Ucense Sections B—Long Term Capital Improvement Plan •e <,i (ord Ha and uje. &uel n*WNmW Mo st ,e eJ lobo plovided kr common capta! F unding -auld be ecu side ei amoRmly, tems that are botcen vom or otherwise in aiwa Igor to he estgnaWd replaeae date iwad to be replaoo soarer, All items rnut have a far F enrthiI /opnnana Dal, Dates such as: unsuro"don't know or "when broken will not be accepted U you are unsure ci when an item wh need to be epCed you caa make a pmd rena bused on the aje, apWamnimo eondtion Or ManuladmoMflustrY poommmWom Atldharu inkmanni on immded UsofLh LI; can he toned at wv fed one Condkiorf Expected Replacement Date F May 202; H s; Li Item Date I ast Replaced C ;eu V1a r ilcnF'Muy 2ld H cnter '< •' im: App a ao-e ,\l r n,? Qum onc;de AiHrn Wrior fIrms firVS dinj 4 Ho Fave V, Shed Garage 5' a.a1 a) SUrer N 103 Hue Cr H 2 I, i',.zJ -H I m F I l 'C( 1(m U , i. -. 4 Criy of Brooklyn Ccntc' Idig and OomnunHy Standardt T'partniot - c tut.' 4, Li Li 4 - :' 1 ,s15H:;u f I ni : BUILDING AND COMMUNITY STANDARDSJIV City of BROOKLYNCENTER JIfi ECL s-ro Rental License Mitigation Mani - Type IV License Sections C=-Stops to Improve Managomont and Conditions of Pioperty lie iteis Pi its Set0n havo been pr0n o SSW with oroorty mmajornent and Crepe ty The following actions are required: CA e C VA91 woulm every I CY Cl)JrtY to CIe0 nCsieu COde rot 1 P LYSI Ci eP' in mlakon of Ire uiCd ur any ziddnm, [I ) WAY WS.laWS,dSS1W0P bree, penah cc, recr ldiCiI ce:c Ic hc Cy, -i 5) Other: The following actions are optional unless required by the City. i Piud tav nw ci LA 21 Procc garb age ,encc ' erce cn icr aip: rcc'c 'diCy of oJr\ C0flipriV i1 J 5) Dow It tho 1 ype All MdP hi Runit L or e Ao aNymaj by We C ty Council the licensee must Comply wb the approved Mitnelon Pl;r and M iqpWle City Codes A written report must be submitted by the 10' day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy Of tee Monthly Update eon dC f;d on ,ago 7 \ (jp Wi n cnn be townu ov thc City c ccLmto at vvt clalbrookiyneenter mq Of cull (76315691330 in havu an etetrorr: copy nt to ,ou via uicil. Please attach additional information If nocesary, A l l V, c ti j e 1< City iffootdyn Cect&t—Building and Conrnuniy MamdaWu bepamern wwo Ci l C,; CO c - BUILDING AND CJO1V.[1\'1JN1TY STANDARDS Cit BROU,11,LYN - - -- I Rental License Mitigation PlanqW CENTER - - - - Type '1 L icense Sign and Verily inrly that allknmaton povded ; truc nf ,l d accrd(O, I unducstirid thai ifi do ot comply with thu oid )ita Plan, CnmplY vath tems w1hn the lcursu purod, or opurotu beyond to license oxpraioc coc:, enforcer cot aoi:crisSuch as ctatioos, formol coroplarits. or license review nOiy reouh iIi H' !J 0 )vi' Ni'S 0'Ap;Nth, roo Aou'O City Shill Only DaW - : I, ) j £) ('(4 1 ; 10 ':i0 'LCS'Oti )05NC $'u 404 N City of fluoklyn Center—Building and Community St3nard DQpamnt w , ut cunttu1tta' SN li0 5iN (t ii:,t Ii ç O, h'O N-i (TNI) 'i3) Ti? ill I ': I/&N caNi City Cuiinll Andi llm N©0 lli #5 [Eli BMSI I I I MY4 L'A I ak'A (I) 1.IhI Wk!A I DATE: October 23, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6131 Bryant 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 6131 Bryant 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 March 27, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and one (1) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 06-02-2017 The owner, Jun Wang, applied for renewal of the rental dwelling license for 6131 Bryant Ave N, a single family dwelling. 07-12-2017 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 07-21-2017 A second inspection was conducted and passed. 07-31-2017 The previous Type IV Rental License expired. 08-09-2017 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. 08-09-2017 City records indicate I validated police nuisance incidents occurred in the past twelve months. Incidents were 07-21-2017, theft from auto. 08-24-2017 A Mitigation Plan was submitted. 10-02-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. Prior Type IV Rental License approval activities: 10-13-2016 The Owner, Jun Wang, applied for renewal of the rental dwelling license for 6131 Bryant Ave N, a single family dwelling. 11-10-2016 An initial rental license inspection was conducted. 21 property code violations were cited, see attached rental criteria. 12-12-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-27-2016 The $100 reinspection fee was paid. 12-28-2016 A third inspection was conducted and corrections complete; however, additional violations were found. A reinspection fee was not charged to the property for the final inspection. 01-17-2017 A fourth inspection was conducted and passed. 01-31-2017 The previous rental license expired. 02-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-08-2017 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. 02-24-2017 A Mitigation Plan was submitted. 03-13-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will beheld March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1, Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6131 Bryant Ave N Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6131 BRYANT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6131 Bryant Ave N, was issued a Type IV Rental License on March 27, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (1); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.e establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6131 Bryant Ave N, Brooklyn Center, MN. October 23, 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'. • (: owner's Name(s) Owner s Address Owner's Phone: Owner's Email:.:Ijt.r Oii; id Current EoiraOon Date 71311.1,017 Pending Expiration Date: (. Ii.'u uuw Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes, A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending 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 1 and C located on pages 2 3 1 4 1 and 5. Tu )V Re&I (cue ktjiyxien Pm 1v 4-14-15 City of I3roodyn Center—Building and community Standaxd Department M%.vyOrQroCjyflC1&OtO 001 Singe Coek Paw, 5roeyn Ce4er, MN 5430-2199 I Phce: 5) 563.3530 I iTh 711 1 Fax: {783) 5600360 Phase I 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 submittod 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate - the terms of the lease or any addendums 3)Conduct criminal background check for all new prospective tenantS, If it is a curie nt tenant a new background check is not required. Must he 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,mncpanet under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted / KrCrime Free Housing training was completed on/is scheduled for: - Owner or agent attended/is planning to attend training at city of: 5) Submit Monthly Update by the 10"') of each month. Phase It LI 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 It at Security Assessment has been previously completed write the completion date. Security Assessment was completed on/is scheduled for: 3;1 Security Assessment follow-up was completed on/is scheduled for: Continue Sections A, Phase III on page 3. P'O 2/6 ?w V RonIaI Limo MtJLM(/6n Im Rev. 4-14-1 5 City ofhoo1Uyn Ct tt—iJufldIng and Conirnunity Sta'tdud Doprtmoflt 6301 Sn4 Ck Pwy Boo1yfl Ceite MN 530-169 I Phn (703)503-3230 1 1' 711 Ex t703) 5592360 r - BUILDING AND COMMUNITY STANDARDS CCl Cityof 7BROOIcLYN Rental License Mitigation Plan - Type IV License Sections A—Crime Free Housing Program Requirements conhInued Phase III [] i Owner or agent will attend at minimum tO% (2) of the ARM. 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 ARM. meetings scheduled on: 4and 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, P<1qe &10 Type iV Rwea/ Lenso Mjir Pioe, Rev, 4 -144 5 City of ihooldyn Cinter—Bullding and Community Standards Dopathueni wwi Crec Rkwy. 8cokIi Ceflief, MN 64302199 j Phone: (763) 663333O 1 'F TY: 711 i F (765) 5693360 City BUILDING AND COMMUNITY STANDARDS BROOILYNCENTER Rental License Mitigation Plan Type IV License Sections E3—Lon9 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 Ec'(imated Rep!acomo/t Dale. Dates such as: "unsure" "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 an the age, appearance condition or manufacture/industry recommendations Additional information on Expected Useful Life can be found at viswhudgov. Item Date Last Replaced LwinpIo: Water Healer May 2010 Furnace 704 Water Heater 0C12 Condition" Expected Replacement Date F May 2020 Oct2076 Kitchen Appliances C0O Oct2020 Laundry Appliances - Smoke Alarms/ Carbon Monoxide Alarms Dec 20 U Duc 2021 Exterior Items Paint/Siding Ma y _ M ay 2022 Windows Oct 80 F Roof Oct 2005 Fence Oct 2C')3 Shed Garage Oci _______ Driveway v'L10 -July M,5 Sidewalks Other: Condition Abbiovi3tions:Ncw-N OoodG FairF Needs ReptacernentR Typo IV Rei4i!Lnsu /,iIj:thOn Pin, Roy 444- 1iPage, 4/5 City of Bvodyu C tn—u1ding and c o mmunity Standards Depa'trnent yNwy0thtQ0klYflcCntO(. c 5301 SHr Creek Poway 6rooklys CentOr, MN 55430-2109 I Phonc t763) 563-3330 TTY: 71 I Fax. 163) 560-3360 EUILDING AND COMMUNITY STANDARDS City of Rental License Mitigation PlanNTER Type IV License Sections C.—Stops to Improve Management and Conditions of Property The items in this section have been proven to assist with property management and property image. The following actions are required: Ei 1) Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendums, 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5)Other: The following actions are optional unless required by the City. 1) Provide lawn/snow service, LIII 2) Provide garbage service, 3)Install security system 4)Provide maintenance service plan for appliances. Name of service company: [j 5) Other: If the Type IV -6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1011 day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan, A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at vAvcityofbrooklyncentecorg or call (763) 569-3330 to have an electronic copy sent to you via email, Please attach additional Information If necessary. Typo iYIn1Lie tn P/sin Rev, 4. 14 16 City ofl3rooldyn Centex—Build ihU a nd Corninunity Standards Ipartmnt WIW cyoflooncenieror 0301 &1in ctek 1arwy, Br3cHyn Can, MN 55430-2109 Phone,, (703) 3-3330 I 1 IY: 711 I rax: (753) 569-3360 BUILDING AND COMMUNITY STANDARDSCity of ---1h!J1W BROOKLYN I I Rental License Mitigation PlanCENTER L Type IV License Sign and Verify I verify that all information provided is true and accurate, I understand that if I do not comply with the approved Mitigation 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. o Ag1v1 Noloo and Title (Pie so Punt) 26 Owner or k/eli! &c'i,atu,o l)alo Ariehilonuil Ownot or Agent Name and Tide (If Applicable, Please Ptmt) Ackiltional Owocu or Agent Suijoatwo ((I Applicable) Dale City Staff Only C Pii6o Depaibnont oai6 ej i141 OenIuriEluity SiOIU*irdS DOfali(uiOnt 616 Type /v cntnJ Lmu .11'ji16iri Plan, Rev, 41445 City of floo1Iy Cent—uflding ud Comxrwtfty Staxidac1s Department wiuu C."'Yoful 6301 Shfrjk Crtkra fkway, 6oeMn Ctier, MN 432163 I 1Thoe (763) 563330 TTY 711 1 i (163) 6931360 City Cmiiriidil A©f1lldIa ]lltm N©0 1t([1) #6 COUNCW ITEM MEMORANDUM DATE: October 23, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6900 Regent 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 6900 Regent 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 March 27, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on one (1) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates and attend Owners/Managers Associations 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. JiJtsio,g: Ensuring uii attractive, clean sufe, inclusive con /lilt/ that en/wleces the qualify oJlzje /1 all people and preserves the public trust [tI1II[iJ fl I *hUYI I BIk"A [I) iiI IJhi1 Current rental license approval activities: 06-06-2017 The owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 06-27-2017 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. 07-31-2017 The previous Type IV Rental License expired. 08-23-2017 A second inspection was conducted and passed. 09-06-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months 09-06-2017 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. 09-14-2017 A Mitigation Plan was submitted. 09-28-2017 The Mitigation Plan was finalized. 10-16-2017 A letter was sent to the owner notifying that the hearing before the Council will be held October 23, 2017. Prior Type IV Rental License approval activities: 12-08-2016 The Owner, Houa Her, applied for renewal of the rental dwelling license for 6900 Regent Ave N, a single family dwelling. 01-03-2017 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 01-31-2017 The previous rental license expired. 02-02-2017 A second rental inspection was conducted and passed. 02-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-08-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-09-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-09-2017 A Mitigation Plan was submitted. 03-09-2017 The Mitigation Plan was finalized. 03-20-2017 A letter was sent to the owner notifying that the hearing before the Council will be held March 27, 2017. If approved, after six months, a new rental license is required. The license process will begin in two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring (III attractive, dean, s(fe. inclusive cominuiulr that en/lances the quality of liJ' /n all people and preserves the public trust EI1IJIS1 I N V I k7A UhY I Ik!4 [I]1WI I1lJ I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. csioii: Ensuring 1111 elf(rUCtiPe, C1(?(1Il safe , inclusive cominuiur that enhances i/se quality ojl.fe foe all people (end preserves the public frust [1S1IJ(iJ ii I *k'iUhYi I 3IYA(I] 11 L I I1IJhII Rental License Category Criteria Policy Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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. Wi,on: Ensuring an (1/till ctn'e, c/can safe, inclusive coniiniiiiii , that en/I WICeS the quality ufljR' for al/people and preserves the public frust [EI1IJ[iJ I U I I kI L'A I MA 0) 1I 1IJk 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 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 s Greaterthan 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2(a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3-) 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 IlJissiüii En.nriiig an attractive, clean, saf', inclusive conunnniv that enhances the quality q/ life for all people and preserves the public trust Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6900 Regent Ave N ItJission: Ensuring (Ill atteacth', clean, stf. inclusive comniunsty that en/sauces the quality of life /n all people and preserves the public (must Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6900 REGENT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6900 Regent Ave N, was issued a Type IV Rental License on March 27, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6900 Regent Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6900 Regent Ave N, Brooklyn Center, MN, October 23, 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. ELY BUILDING AND COMMITNflY STANDARDS ? City of/ BROOKLYN Rental License Mitigation Plan IN . CENTER Typo IV License Handwrit!en Mitigation Plans will not be accepted, A tillable form can be found on the City s websde at w,vcityofbrookIyricentcrOtg or cafl (7fi3) S6h t3tO to have , n electronic copy sent to You via errial Property Address cL e Ni4 Ai N flrc Contof, MN ,129 Owners Narne(s): Hvj I li Owners Address: 2713 63rd Av N rnnouyii Center. MN 5543() Owner's Phone: (/63) 403 31db Owner's Email; ei:r32 ;naeem Current Expiration Date: -i- 7/) / 7 / Local Agent(s): Agents Address: Agents Phone: Agents Email: Pending Expiration Date (src rih l:em rti e pratn) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City stall, A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process The Mitigation Plan should indicate the steps being t cikerj to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes, A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property, If the Mitigation Plan is not submitted, and all items are not completed within the pending 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, 4, and 5. I IV IO or !J M1 qit( n I'i:n Iy 4-14-1 City of Broo]1yn Ceruer—Buliding nd Col-j-1 rnuiity 5tendard Dep:irhien1 7 I BUILDING AND COMMUNITY STANDARDS Cityof -- I BROOKLYN N CENTER Bruon Cen Mter, N 5A29 Rental License Mitigation Plan Typo IV License Sections A—Crime Free Housing Program Requirements Phase 1 171 1) use a written lease agi cement 1 he lease agreement shall include the Crime Free, Housing tease Addendum, A copy of the tease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted 71 2) Agree to pursue the Ici niiriation or lease agreement or eviction of tenants who violate The terms of the lease of any addendums 3)Conduct criminal background check for all new prospective tenants. If it is a cunent tenant a new background check is riot required. Must he able to provide documentation to City if rcquested 4)Attend a City approved (light-hour Crime 1-rca Housing training course. Information for approved courses can be found at www.nincpa.net under the Iraining and Evenls tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free I lousing training was completed ori4s scheduled for 322h1 7 Owner or agent attended/is planning to attend training at city of Center 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 assossmont 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 far, Continue Sections A, Phase III on page 3. Pd ; 5'6 yj IV Cm 2 n' Mt'jed'l PLAn Pi 14,?5 City of Brokyr Center—Building and ComrtlAatty Standards Dnpdrtrrwnt c twL". BUILDING AND COMMUNITYSTANDARDS j City of / BROO1tYN Ave. N. CENTER Ccr MN i2 Rental License Mitigation Plan Type IV License Sections A-Crirne Free Housing Program Requirements(continued) Phase Ill 1)Owner or agent will attend at minimum 5O (2) of the AR M. meetings The AR.M, meetings must be completed within the rental license period and Wore 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 altenrt /q Ii i Owner or agent will attend ARM meetings scheduled oC and 2)1 lave, no repeat code violations pmvlously documented with the past year. The following actions are required for properties with four (4) or more units. F] 1) Conduct resident training annually that includes e(irue prevention techniques. 2) Conduct regular resident meati ngs Rj 3 Typ !V 1nt1 I n'' p1tofl ria, Ft 4-14-75 City of Brooklyn CcntcrBuiIding ad C nrwn1ty Standords Dpa1rncnt Aw.Ltyo kty1flkt j Condition Expected Replacement Date F May 2020 2030 (3 2022 (3 2323 0 2325 N 7524 I I BUILDING AND COMMUNITY STANDARDS City of/I3ROOKLY1 U) tt(0 Av e , N CENTER MN 5t429 Rental License Mitigation Plan Type IV License Sections B—Long Term Capita! Improvement Plan based on condition and age, estimated replacomont dates need to be provided for common capital items, Funding should he considered eccorduigly, Items that are broktn Worn or otherviise in violation prior to the estimated replacement date need to be replaced sooner. All items most haven date for Fsti,113t0(i Hoplaccrncnt Dale Dates such as "unsure", "don't know", or "when broken" will not be accoptod If you are unsure of when an item will need to he replaced, you can make a prediction based on the age, appearance, condition, or rnanufactuie/iridustry recommendations. Additional information on Lxpected Useful Die can be found at www.hud.gov . Item Date Last Replaced Example: Walt HeaDi May 2010 Furnace 2 01 2 Water Heater Kitchen Appliances 2015 Laundry Appliances Smoke Alarms/ Carbon Monoxide Alarms 20th Exterior Items paint/siding Windows 2010 Roof 2010 Fence 20 5 Shed Garage Driveway 2010 Sidewalks Othoi. N 2020 N 2030 (:3 7(122 (5 7035 (3 7030 - N 7024 ei ietie: 'N Far I Needs NepiernitR i j 4 x IyP" IY 1 (55 M) A! /t'L SQl -(5-15 City ofBr00kyM Cent er—BuMing and Conununity Standards Depurtment ' in4ij v:5r.o BUILDING AND COMMUNITY STANDARDS City of I BROOKLYN ii Aw. N CENTER rouJye Cner, M t?9 Rental License Mitigation Plan Typo IV License Sections C--Steps to Improve Management and Conditions of Property he items in this section have been proven to assist wdh property management and Property image The following actions are roquirod 1) Check-in with tenants evely 3041ay8 L1 2) Drive by propeity to check for possible code violations, 3)Evict tenants in violation of the lease ot any addenduins. 4)Remain current on all utility Ices, taxes assessments, fines, poialt;es and other financial clainis/paymer4s due to the City. LJ 5 Other: The following actions are optional unless required by the City. LII 1)Provide lawn/snow service. Li 2)Provide garbage service. [J 3)Install security systeni. [j 4)Provide maintenance service plan for appliances. Name of service company; LI 5)Other If the Type IV -6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10 day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. f\ copy of the Monthly Update can be found on page 7, A tillable form can be found on the City's website at wv,w,cityofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. y4* IV M111galwa V, 15. City of arooklyn Center--Buitdtng and Corvirnunfly Standards Department ,',w,v . mg BUILDING AND COMMUNITY STANDARDS City of? BROOKLYN inner) Reneni Ave, N. CENTER Centn. MN in Rental License Mitigation Plan Type IV License Sign and Verify I verify that all information provided is true and accut ate. I understar)d that it I do not comply with the approved Mihgstion Plan comply with all items within the licenso potiod, or operate beyond the l:cnse oxpiratron date, enfoicement actions such as citations. founal complaints, or license mview riray msult t1u lr)r 'r Ajn ,u3 7'f 101 ():,er ni fldh' Ad'S•h )?in! Owenv , A:i Niin end Ye/c (II Ap1h' i1c3c RenO \(J(f1r)/il Ov,:ir e /ecii/ jicr) III: (II AfJJ)1;Jb!O) City Staff Only P '/CO 1)(?fi1IUTh;(it / L;e :/t IX' f 7 S14NdAvivtd Ccmnwuiy 0ttt,ids Depid(nui/ / F -'"v. I'b iY 1'/'f.il 1l!',r \,ibu , City of Brooklyn Ctittr—Building nnd Community Standards DoprimcO c tyl ciycMitJr trq Work Sesskm Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 23, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. I IYi U 0 1JII1 [I)I I I ai 1.Process for Considering Panhandling Related Regulations 2.Policy Regarding Commercial Filming within the City Limits 3.Discussion on Amending the Minimum Development Parameters of the Shingle Creek Crossing Purchase Agreement for the EDA Parcel (former Boulevard Bar & Grill/Ground Round Restaurant Site) to Include a 4,000 Square Foot Bank 4.Prevailing Wage - League of Minnesota Cities Policies :Jnkpfl 'e'' I RIDIfi [I]hFi Later/Ongoing 1.Liquor Licensing Update -November 2.Conducting City Council Business Electronically - November 3.Legislative Agenda - November 4.Food Trucks Update -November 5.Everybody In Update - November 6.Community Dialogue Follow-up - November 7.South Opportunity Site Development 8.T.H. 252 Freeway Conversion Study Update 9.City Council Code of Policies W©fk SesskD]m Agenda ftm No 1 kYA I 3k!J 0) 1.PI1I I1IJk EI1PJ[iJ I iALI) 1 C41 DFb'Ji [S)I DATE: October 18, 2017 TO: City Council / FROM: Curt Boganey, City Ma'/ SUBJECT: Pan Handling Recommendation: It is recommended that the City Council consider providing direction to staff regarding Background: At the September 11th Study Session the City Council had a fairly lengthy discussion regarding pan handling (excerpt enclosed). After the dialogue the City Attorney agreed to look further into the issue and he agreed to provide the Council with a memorandum addressing specific types of regulations to more specifically inform the City Council. I have enclosed a copy of the memorandum prepared by the City Council for you review and consideration. The City Attorney will be present at the work session to elaborate if necessary and answer questions the Council might have regarding the contents of the memorandum. The memo describes a fairly detailed process that would help lead to potential panhandling regulations that are more likely than not to withstand any legal challenge that might arise from enforcement Policy Issues: Given the information provided by the City Attorney; 1.Does Council desire additional information/perspectives regarding this topic? 2.Does the Council favor moving forward with the development of new panhandling regulations? 3.Does the Council favor following the six (6) step process to develop new panhandling regulations? 4.Does the Council favor proceeding with developing regulations following an alternative process? Strategic Priorities: o Enhanced Community Image o Safe, Secure, Stable Community 1'Iissioit: Ei?SUIiflg UFI (Itt1(tCtirL?, cleiiii, set 1 , j1lc/!LvlvL eom,nwut' that L'JIIi(!flCeS the quality ofbfe for all people (111(1 inesenes the /)ubliL trust Troy J. Gilchrist 470 US Bank Plazanedy 200 South Sixth Street Minneapolis MN 55402 & (612) 337-9214 telephone (612) 337-9310 fax tgilchristkennedy-graven.corn1\7C111 http://www.kennedv-graven.corn CHARTERED Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 telephone MEMORANDUM To: Brooklyn Center City Council From: Troy Gilchrist, City Attorney Re: Process for Considering Panhandling Related Regulations Date: October 13, 2017 This memorandum is presented as part of the on-going discussion the City Council has been having about how best to address the concerns expressed by the public regarding persons soliciting funds on public property. We have discussed various types of regulations and how the review of those regulations by the courts has changed significantly after Reed v. Town of Gilbert. The impact of that change was made apparent by the two cases we discussed in which different circuit courts upheld ordinances regulating panhandling before Reed and then both, on remand, found those same ordinances unconstitutional after Reed. Essentially every ordinance aimed at panhandling reviewed since Reed has fallen to the same fate (see Exhibit B for a summary of some of those cases). The City Council's discussion on this topic also included a presentation that detailed how the First Amendment protects panhandling activities and the stringent standards of review applied by courts to regulations that interfere with those rights. Despite the information presented on the difficulties, limitations, and potential consequences of attempting to regulate panhandling the public has continued to express concern. Having discussed the changed landscape and the much higher bar that must be met in order to lawfully impose regulations to address the concerns being expressed, my purpose in this memorandum is to provide recommendations for how the City Council should proceed if it determines to further explore its options for addressing these issues from a regulatory perspective. This memorandum does not address the variety of non-regulatory approaches the City Council may wish to explore, other than to recommend that those approaches be considered before enacting an ordinance. 508576'1 TJG BR291-4 Many of the decisions striking down local regulations have been critical of the lack of factual support for the concerns being expressed and the failure to exercise existing law or to explore non-regulatory means of addressing such concerns. In an attempt to learn from those identified shortcomings of local regulations, if the City Council would like to move forward with examining its options to address the concerns being expressed I recommend it proceed as follows: (1)Identify the specific concerning conduct. (2)Determine if the conduct is adequately regulated by existing state law. (3)Determine if the City Council is interested in developing an ordinance to address any unregulated conduct of concern. (4)Identify the government interest being served by the proposed ordinance (what is the City Council attempting to achieve?). (5)Collect data to further identify the basis for the concern and where it occurs in the City. (6)Identify a narrowly-tailored, content-neutral method of regulating the conduct that is supported by the collected data and that can be enforced uniformly. The following provides some additional information on each of these recommended steps. II] II 1 (SJII (SIEIJkISI h[I(ES]I )111d1 This step involves taking the information received from the public, law enforcement, and the City Council's own observations and experiences regarding the types of conduct that are of concern. It is critical that this analysis focus on conduct and not what is being communicated. For example, is the concern threatening conduct, interference with traffic, negative impacts to local businesses, safety of those on medians, etc. 2. DETERMINE IF THE CONDUCT IS ADEQUATELY REGULATED BY EXISTING STATE LAW OR CAN BE ADDRESSED IN SOME OTHER WA SHORT OF NEW REGULATIONS. I As mentioned, when reviewing ordinances the courts have often pointed out that the ordinance is not the least restrictive way of addressing the conduct because there are various state laws that already exist to address the concerns being pointed at to support the reasons for the ordinance. While this is not an exhaustive review, a list of statutes that may apply to at least some of the concerns being expressed is attached as Exhibit A. Also, failure to consider non-regulatory methods for addressing the conduct has served to undermine the regulatory approach as not being the least restrictive. If a particular type of conduct is already prohibited by state law that the police department and the City's prosecutor determines can be effectively enforced to address the conduct, then there is no need to regulate it by ordinance. Furthermore, at least attempting to address the concerns short of imposing new regulations that may have an impact on protected First Amendment activities will help support the City Council's decision to adopt regulations if those non-regulatory attempts are not successful. 2 508576v1 TJGBR291-4 V1 1^^ ^ L1MISS[] 1111 01^ jL 'WIN This step involves evaluating what concerning conduct is not regulated by state law or can be effectively addressed through non-regulatory means, and whether it makes sense for the City to attempt to develop an ordinance to address that conduct given the constitutional limits imposed on such regulations. This discussion will necessarily involve whether an ordinance can effectively address the issue in a way that will likely withstand a legal challenge if one is brought. 4. IDENTIFY THE GOVERNMENT• INT EREST1 3I BEING SER VE DI BY TH EI This step involves specifically identifying the lawful purposes of the ordinance, such as protecting public safety. Courts have criticized local governments for appearing to engage in after-the-fact justifications for regulations so it is important to identify those reasons before enacting the ordinance. Even if a city does identify specific purposes for the regulations, courts have focused on the lack of evidence to support the claim the regulation furthers the identified purposes. There is no question that protecting public safety is a legitimate government interest, but merely stating that purpose without facts to support the claim that the regulated activity actually threatens public safety, and that the regulations enacted narrowly and effectively achieve that purpose, is not sufficient. IDENTIF Y5. COLLECT DATA TO FURTHER THE BASISFOR THEIiS]i[SiCONCERN AND WHERE IT OCCURS IN THE CITY. This is a critical step as many ordinances attempting to address the types of concerns that have been expressed have been struck down as being overbroad or not supported by actual data. This step will help bring the concerns into focus, demonstrate that they actually exist, and set out a basis for how the proposed regulations will actually achieve the identified governmental interests. For example, courts have struck down ordinances prohibiting standing in all medians as being overbroad since the concerns being expressed really only applied to a few busy intersections in the city. Courts have also been critical of attempts to regulate certain activities based on distances from things like ATM machines because the cities were not able to produce data to demonstrate that asking for money 20 feet from an ATM poses a public safety risk, or at least one that is different than if the person were to ask while standing 25 feet from the machine. The guide on panhandling produced by the Community Oriented Policing Services from the U.S. Department of Justice the City Council has previously seen provides helpful guidance in collecting such data. The point of this step is to move beyond perceptions to develop actual data on the existence of the concerning conduct and where it is occurring in the City. 508576v TJG BR291-4 6. IDENTIFY A NARROWLY-TAILORE D, CONTENT-NEUTRAL METHOD OF1 REGULATING THE CONDUCT THAT IS SUPPORTED BY THE COLLECTE F DATA AND THAT CAN BE ENFORCED UNIFORMLY. I This, of course, is ultimately the challenge in developing an ordinance to address these issues. As the cases summarized in the attached Exhibit B demonstrate, various attempts to regulate the types of conduct being complained about have been struck down by the courts. Reviewing the summarized cases will help to further demonstrate the difficulties of imposing lawful or permissible regulations and also help explain reasons behind this recommended process for considering an ordinance. Part of the challenge, as previously discussed with the City Council, is to make sure the regulations can reasonably be enforced and that they are applied uniformly. For example, a regulation that prohibits remaining on narrow medians of certain busy intersections must apply to firefighters passing the boot for charity the same as it does the person standing on the median with a sign requesting assistance. I realize some residents may be pushing to move directly to this ordinance adoption step in the process; however, working through the prior steps will dramatically increase the odds of any resulting ordinance being upheld if challenged. While I can offer no guarantees given the uncertainties created by Reed, following a systematic process for developing regulations given the legal complexities involved is the best way of ensuring the regulations effectively address the identified concerns and help avoid the potential financial consequences if the regulations are found to be unconstitutional. In short, it does little good, and can actually result in significant consequences, to adopt an ordinance that may impact a constitutional right without taking all reasonable steps to ensure the ordinance will withstand a challenge. 4 508576v1 TJG BR291-4 EXHIBIT A Existing State R e g ul atio ns Concerning Conduct Statutory Provisions Standing in median Public Nuisance (below) Stepping into traffic Public Nuisance, Minn. Stat, § 609.74 - any person who interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public, is guilty of a misdemeanor. Blocking traffic by standing Public Nuisance (above) in road Stopping a vehicle in traffic Public Nuisance (above) Reckless Driving, Minn. Stat. § 169.13, subd. 1 - a person who drives a motor vehicle while aware of and consciously disregarding a substantial and unjustifiable risk that the driving may result in harm to another or another's property is guilty of reckless driving. Careless Driving, Minn. Stat. § 169.13, subd. 2—Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights or others, or in a manner that endangers or is likely to endanger any property or any person is guilty of a misdemeanor. Stopping, Standing, and Parking, Minn. Stat. § 169.32 —No person shall stop, park, or leave standing any vehicle upon the paved or improved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said highway, but in every case a clear and unobstructed width of at least 20 feet of such part of the highway shall be left open. Prohibition on Stopping or Parking; Minn. Stat. § 609.34 - includes a number of defined areas where parking or stopping is prohibited. Aggressive/intimidating 51h Degree Assault, Minn. Stat. § 609.224 - any person who behavior "commits an act with intent to cause fear in another of immediate bodily harm or death" is guilty of a misdemeanor Threats of Violence, Minn. Stat. § 609.713 - any person who threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another is guilty of a crime. Jaywalking Pedestrian rights, Minn. Stat. § 169.21 - provides rules related to crossing roadways depending on whether a crosswalk is or is not present. Blocking travel upon public Public Nuisance (Above) sidewalks A-I 508576v1 TJG BR291-4 EXHIBIT B Case Review Case name: PETRELLO V. CITY OF MANCHESTER, 2017 WL 3972477, U.S. Dist. Court, D. New Hampshire Law challenged: Two laws challenged. A.A state statute criminalizing disorderly conduct which included a person who "obstructs vehicular or pedestrian traffic on any public street or sidewalk or at the entrance to any public building." B.A city ordinance which stated "no person shall knowingly distribute any item to, or receive any item from, or exchange any item with the occupant of a motor vehicle when the vehicle is located in the roadway." Result: The Court invalidated both rules, finding that each was unconstitutional. A.Statute, The Court reasoned that, to be permitted, the statute must "not burden substantially more speech than is necessary to further the government's interest." In this case, the government's interests were to promote public safety and ensure the free flow of traffic. The Court invalidated the statute because it found that the statute prohibited "substantially more speech than necessary to further those legitimate interests." B.Ordinance. The Court also reasoned that the ordinance was intended to promote public safety and the free flow of traffic, both of which are legitimate interests. However, the Court also found that the ordinance burdened substantially more speech than necessary to further those legitimate interests. The Court provided four examples for why the ordinance was overly restrictive: i.The ordinance banned roadside exchanges that do not obstruct traffic or pose safety risks; ii.The ordinance is too broad geographically and unsupported by any data showing why the government needs to impose such restrictions city-wide; iii.The ordinance is under inclusive because, by its terms, it only penalizes pedestrians, not the vehicle drivers who stop in the roadway; and iv.The city has less restrictive means available to address its concerns (i.e., public safety and free flow of traffic). Helpful Hints: The Court provided a few "helpful hints" which may have helped either the statute or ordinance survive. Statute: The City could have done the following: B-I 508576v1 TJG BR291-4 A.limited enforcement of the statute to panhandlers who step into the road and obstruct traffic; or B.enforce the statute against motorists who stop in the road at a green light, thereby causing a traffic obstruction. Ordinance: The City could have done the following: A. Provide data related to the specific public safety threats raised by the banned activity, as well as data which shows how the City's regulation is aimed at curbing those threats, The Court pointed out that the City simply "modeled the Ordinance after a nearly identical ordinance passed by" another city, which was insufficient to show that the regulation furthered the legitimate goals. Case name: BUTCH V. CITY OF SLIDELL, 2017 WL 28400009, U.S. Dist. Court, E.D. Louisiana Law challenged: The City of Slidell passed a law requiring panhandlers to obtain a panhandling license from the police department. To obtain a license, each panhandler was required to visit the police department, between 9:00 a.m. and 5:00 p.m. on a weekday. The license was then required to be worn while panhandling. Result: The Court held that the ordinance was unconstitutional. Because the aim of the law was to regulate a specific type of speech (i.e., panhandling or asking for charity), the Court applied the strictest standard of review available (strict scrutiny). The Court accepted the City's legitimate governmental interest - public safety - but rejected the City's contention that the ordinance was narrowly tailored to achieve that interest. In reaching its conclusion, the Court pointed out that the City's ordinance prohibited a large amount of speech which was not directly harmful to public safety (i.e., it censored panhandlers who were not a threat to public safety, beyond their existence as panhandlers itself). The Court also pointed out that the City's basis for adopting the ordinance - that it received 70 complaints related to panhandlers over a two-year period in a city of over 25,000 - did "not substantive an epidemic of panhandling" and did "not provide a strong justification for burdening speech." Helpful Hints: The Court outlined a number of alternatives that the City could have utilized to curb panhandling which the Court felt were less restrictive than the ordinance. 1.Allocate additional police resources to enforce the rules against aggressive panhandling and soliciting on public highways. 2.Increase penalties for violations of those codes. B-2 508576v1 TJG BR291-4 3.Install cameras or other technological devices at locations frequented by panhandlers to aid in the identification of aggressive panhandlers. 4.Requiring only those persons who were violators of the aggressive panhandling ordinance to wear nametags (as opposed to all panhandlers). 5. The Court also stated that the citywide ban was too broad, and suggested that the City may have been able to achieve some regulation if it identified specific "problem areas." However, this item refers simply to the breadth of the law, and this fix would not, in and of itself, correct the constitutional issues with the ordinance as not being narrowly tailored to achieve the government's compelling interest of public safety. Case name: HOMELESS HELPING HOMELESS, INC. V. CITY OF 2016 WL 4162882, U.S. District Court, M.D. Florida Law challenged: City ordinance which provided that it was illegal to solicit donations, or to exhibit oneself for such purposes. The ordinance also prohibited the use of threatening statements or actions, making repeated verbal demands, and acting to impede passage in order to secure solicitation. The ordinance was geographically limited in that it only applied in a specific zone, or around specific places (e.g., bus stop, sidewalk café, within 15 feet of an ATM). Finally, the ordinance excluded solicitation that only involved holding a sign from the prohibited acts. Result: This was a decision on a temporary injunction, so the Court was required to analyze the likelihood of success on the merits. The Court granted the injunction in favor of the plaintiff, barring application of the City's ordinance. The Court found that the City's ordinance was content-based, even with the specific limitations included. The City also conceded in the process that it did not have a compelling interest, nor was the ordinance the least restrictive means available for achieving that interest, presumably acknowledging the unlikelihood that it would prevail under such analysis. Helpful Hints: The Court provided an apt explanation of the difficulty of regulating panhandling in light of Reed. The Court stated that, without the decision in Reed, it would "uphold the City's ordinance, which results from a constructive and demonstrably benign legislative attempt to manage fairly and humanely a tangible and persistent problem in a manner narrowly and artfully tailored to fit the compelling facts in the affected community." However, as stated above, because the Court was required to apply the standards set forth by the United States Supreme Court in Reed, it ultimately held the City's ordinance was unconstitutional. B-3 508576v1 TJG BR291-4 Case annie: BROWNE V. CITY OF GRAND JUNCTION, 136 F. Supp.3d 1276, U.S. Dist. Court, D. Colorado Law challenged: City ordinance which prohibited, among other things, panhandling one-half hour after sunset to one-half hour before sunrise. The ordinance also prohibited what is traditionally known as "aggressive panhandling" behaviors (e.g., using express or implied threats to coerce donations, continuing to request donations following a refusal by that individual, panhandling on a bus or within 100 feet of an ATM, etc.). Result: The Court held the ordinance unconstitutional as a violation of the First Amendment. The Court accepts, as others have, that public safety is a compelling governmental interest. Regardless, the Court invalidated the ordinance on the basis that the ordinance was not narrowly tailored to achieve that specific governmental purpose. However, the Court pointed out that the City's ordinance is overbroad because it prohibits various types of speech which bear no relation to the stated public safety goals of the City. As the Court stated, "the problem in this case is that [the City] has taken a sledgehammer to a problem that can and should be solved with a scalpel.' Further, the Court stated that "[un attempting to combat what it sees as threatening behavior that endangers public safety, [the City] has passed an ordinance that sweeps into its purview non- threatening conduct that is constitutionally protected." Helpful Hints: The Court provides a useful explanation of the difference between "viewpoint discrimination" and "content discrimination" in municipal regulations, both of which are subject to the highest level of constitutional scrutiny and is almost always fatal. "Viewpoint discrimination" is a "more blatant and egregious" form of "content discrimination." Where an ordinance prohibiting speech related to war would be "content discrimination", an ordinance prohibiting only anti-war speech would be "viewpoint discrimination." B-4 505576v] TJG BR291-4 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 -4- 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. Councilnrember 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 as offered thaI t suggestion to the City's businesses because with such a sign posting, it may also assist with police enforcing. MaJiIiUuIaI1 Mayor Willson adjourned the Study Session at 6:45 p.m. 09/11/17 /'irk Session Agerdi Jltem No 2 IhUIIk'A 0) eUIaIA'As1i1n0i I !ALI) i SI DLJ1 [SAil DATE: October 17, 2017 TO: Curt Boganey, City Manage THROUGH: Reggie Edwards, Deputy City Manager FROM: Angel Smith, Communications Coordinator SUBJECT: Commercial Filming Activities and Commercial Photography Recommendation: It is recommended that the City Council consider hearing, reviewing and discussing the draft proposal policy language for Commercial Filming Activities and Commercial Photography in the City of Brooklyn Center. It is also, recommended that the City Council direct staff regarding the next steps with the draft policy language. Background: The City has periodically worked with independent filming companies to shoot videos or capture picture images in the city for commercialization purposes. Over the past four months there have been approximately four to five inquires by private companies desiring to film videos here in Brooklyn Center. The request from companies have included, but not limited to the following: • Closing and use of parks • Closing and use of streets Closing and use of public space for staging upward of 10 trucks over night • Enactment of police crime scenes • Enlistment of security during filming • Enlistment of traffic and track light control during filming Filming requests have varied regarding the use of city services, labor, equipment, facilities, expertise and public space. The City currently does not have a guide, policy, ordinance or fee structure for permitting and regulating commercial filming activities and commercial photography. City staff representing impacted departments (i.e. public works/streets, police, administration, CARS, etc.) have met to coordinate efforts. Staff have also reviewed and discussed policies, ordinances and practices of other cities with filming permit processes including: St. Paul-MN, Minneapolis-MN, Richfield-MN, Hopkins-MN, Mirmar-FL, Hollywood-FL, and Dahlonega-GA. Sample ordinance elements examined by staff from the various cities included, but not limited to the following: • Commercial Film/Video o Timeline and Application Process • Commercial Still Photography o Insurance Indemnity • Non-commercial Film/Video • Escrow Agreement • Drones e Permit Duration • Permit Application Process • Cancellation Processing Fee • Permit Approval Process e Film Permit Fee ilission: Ensuring an attractive, clean, safe, inclusive colnnwnity that enhances the quality of!Je for all people an 11 preserves the public trust hU DIhY'A (I] 1Il )1Si i[WJESJ I !AYLI] 9 41 III1 (SJl Staff with the assistance and input of the City Attorney Activities and Commercial Photography" policy language. following sections: • Purpose and objectives • Definitions • Permit required; exception. • Contents of Application • Fee • Review and Approval Process • Permit Issuance Requirements S have drafted the attached draft "Filming The draft policy language includes the Conditions and Restrictions on Permit Holder Insurance/Indemnity Duties of Permit Holder Bond or letter of credit. Scholarship Program Traffic Control Plan and Street Closures Location Credit The purpose of this policy is to at a minimum: • Provide staff guidance • Establish permit authorization • Create consistency in business services • Permitting processes • Fashion efficient coordination of filming activities request Commercial filming activities and commercial photography may provide opportunities for businesses to conduct business in the City and influence the City's image in a positive manner. Budget Issues: This policy would establish a fee for service instead of a permit fee structure. Thereby, the City would charge commercial filming and photography companies for the use of City services, labor, equipment, and facilities. Policy Issues: Staff request of the Council: 1.Does the Council need additional information for discussion and consideration of a filming activities and commercial photography ordinance? 2.What is the direction of the Council with regard to the draft filming activities and commercial photography ordinance? Strategic Priorities: o Enhanced Community Image !'lissi(fl1: Ensuring an attractive, clean, safe, inclusive cw?mutnity that enhances the quuhiP of fife fbi all people and preserves the public trust Purpose and objectives. The purpose of this Section is to establish standards to protect the health, safety and the general welfare of the public from the undesirable effects associated with filming activities of motion pictures and other commercial filming or photography. Definitions. Commercial Photography. "Commercial photography" means all activities associated with the production of still photography for which a fee is charged for the use, reproduction or showing of the product of the photography. Filming Activities. "Filming Activities" mean the commercial filming of a feature film, television or internet show, documentary, music video, advertisement or television commercial, whether on film, video, or digital media, on any City property, or within a City road right-of-way, involving the erection or placement of film sets, trailers, campers, lighting, or other filming related structures or equipment for a period of more than three hours in the same location on City property or that interferes with or obstructs a City road right-of-way for more than one hour. Filming Permit. "Filming Permit" means a permit issued by the City Designee a person to engage in filming activities on City property. Permit required; exception. It is unlawful for a person to conduct, establish, or engage in filming activities or commercial photography within a City road right-of-way or on City property without first obtaining a permit from the City. Provided, however, no permit shall be required for the following: (a)Commercial photography taking place on private property, provided that: (1) publicly-owned property or public rights-of-way are not used for staging, storage or parking vehicles or equipment; (2) the city manager or city manager designee determines that there will be no disruption to surrounding properties due to noise, traffic, or other similar issues; and (3) no city staff or resources are being utilized. (b)Commercial photography intended only for the use and enjoyment of those individuals whose person or property are being filmed and for which there is no commercial value, such as family portraiture and wedding photography. (c) Commercial photographers operating as a lawful home occupation. Contents of application. Any person desiring a permit to conduct commercial photography shall make application on a form provided by the city manager or city manager designee. The applicant shall set forth: (a)The filming project name; (b)The name, telephone number, email and mailing address of the person responsible to fulfill the obligations of the applicant; (c)Photocopy of a valid photo identification of the applicant; (d)The name and contact information of the producer (if the applicant is not the producer); (e)The dates, time and locations of the filming for which a permit is being requested, and general description of filming activities and or commercial photography that will take place at each location; (f)Whether or not artificial lighting will be used; (g)A description of special effects that will be used; (h)A description of the equipment that will be used; (I) A description of proposed parking areas, street and sidewalk closures and outdoor staging areas; 0) A description of the proposed use of city equipment and personnel; (k) An estimate of personnel and equipment needed for the purpose of crowd control, security, traffic control and other public safety needs; (I) Certified traffic control plan, where needed (blocking streets); (m)A description of any concerns that the producer wants the city to be aware of; and (n)Where the producer is a student, an official letter or document from her/his school confirming that s/he is currently enrolled there. In addition, the student must appear in person at the city and present her/his current student identification card and a valid driver's license. Where the student does not have a driver's license, s/he may present a different form of identification that includes her/his photo. 2 Fee. The fee for a permit required by this Section shall be in the amount set forth in the Fee Schedule. See below: (a)The applicant shall pay all costs and expenses incurred by the city in connection with the filming activities and or commercial photography. Such costs and expenses shall include, but not be limited to, rental of city-owned property, charges for personnel, equipment and damage to streets and other public property. (b)Based upon the information contained in the permit application, the applicant shall deposit with the city clerk a prepayment of the city's estimated costs and expenses. (c) At the conclusion of the filming activities and or commercial photography, actual costs below or in excess of the estimate will be refunded by the city or paid by the applicant as the case may be. Review and approval process. Procedure. Applications for permits to allow filming activities/commercial photography sessions shall be reviewed and approved as set forth in the ordinance. City manager issuance. The city manager or city manager designee will approve permit applications for the following: (a) Commercial photography that does not exceed three consecutive days in duration. Provided, however, the city manager or city manager designee may issue a commercial photography permit for up to ten consecutive days in duration, provided that all photography and artificial lighting takes place indoors and all parking, storage and staging needs are accommodated on the property subject to the permit. (b)Commercial photography in which no outdoor filming or outdoor artificial lighting takes place before 7:00 a.m. or after 10:00 p.m.; provided, however, the city manager may authorize outdoor filming and lighting before 7:00 a.m. and after 10:00 p.m., if owners of all residential properties situated wholly or partly within 300 feet of the commercial photography location grant written approval for such activities. (c)Commercial photography that takes place only on city-owned property. 3 Permit issuance requirements. The city manager or city manager designee will not issue a permit unless: (a)The filming activities and or commercial photography will not endanger the -public health, safety, morals or general welfare; and (b)The filming activities and or commercial photography will not cause undue traffic hazards, congestion or parking shortages; and (c)The filming activities and or commercial photography will not create an excessive burden or result in damage to parks, streets, rights-of-way, other public property or other people property; and (d)No filming activities and commercial photography permit has been recently issued for a location within 300 feet of the location described in the application; provided, however, the city manager or city manager designee may waive this requirement and issue a new permit found that the purpose and objectives of this Section will be furthered by the issuance of the new permit. The city manager or city manager designee may require the applicant to submit evidence that demonstrates that properties located in the vicinity of the location proposed for filming activities and commercial photography will not be adversely affected by the issuance of a new permit. Conditions and restrictions on permit holder. The city manager or city manager designee may impose conditions and restrictions upon the permit holder as deemed necessary for the protection of the public interest and properties located in the vicinity and to ensure compliance with the requirements of this Code. The city manager or city manager designee may require that the applicant: (a)Submit evidence that a notice describing the proposed filming activities/commercial photography, including the proposed dates thereof, has been mailed to all affected property owners. If so required, this notice shall be mailed following the issuance of the permit but not less than five days prior to the date the filming activities/commercial photography will begin; (b)Enter into an escrow agreement to reimburse the City its costs; (c)Contact the Police Department and employ such security personnel; (d)Use only designated streets and parking areas; 4 (e)Promptly restore all public property, streets, sidewalks and rights-of-way to their original condition or better; (f)Comply with all conditions and restrictions of the permit; and (g) Promptly undertake and complete all filming and related activities. Insurance; indemnity. The city manager or city manager designee may require the applicant to file a public liability insurance certificate, issued by an insurance company authorized to do business in the state. The policy shall insure the applicant and name the city as an insured in the sum of not less than $300,000. Certain elements or activities may require greater coverage to be determined by the City. The applicant shall also defend, indemnify and hold the city and the city's officials harmless from any loss, cost, damage and expense arising out of the use of any premises for filming activities and commercial photography. The City may require the permittee to sign an indemnification agreement, but the lack of a separate agreement does not waive the indemnification requirement being a condition of the filming activities and commercial photography permit. Bond or letter of credit. The city manager or city manager designee may require the applicant to post a bond or letter of credit as a condition to the issuance of a permit. If so required, the applicant shall file with the city clerk a surety bond that is valid and in force and effect in a sum as determined by the city manager. At the option of the applicant, a letter of credit or cash deposit may be used in lieu of the bond. The letter of credit shall be irrevocable and unconditional, issued by a national or state bank, with its main office located in and otherwise shall be on terms approved by the city manager or city manager designee. The bond or letter of credit shall be conditioned upon compliance by the applicant with this section and other provisions of this Code and payment to the city of all fees, expenses, fines and penalties required by this Code or state law and payment to the city of any damage the city may sustain by reason of such filming activities and commercial photography. Scholarship program. The City may establish a scholarship program that encourages development of local talent in the filming industry. If and when established, this program will be operated by the City. The City is authorized to award scholarships that waive some or all of the filming and on-site services fees associated with a filming project, contingent upon the following: (a) The producer is a student; (b)The producer has not previously performed a filming project for commercial release; (c)The producer resides within the limits of the City of Brooklyn Center; (d)The filming is performed entirely in Hennepin County with at least 50 percent of the filming occurring within the limits of the City of Brooklyn Center; (e)The filming project budget is less than $200,000.00; and (f) At least 50 percent of the total filming project crew are City of Brooklyn Center residents. Traffic control plan and street closures. (a)A full street closure will not be permitted unless the application or change request is submitted at least five business days prior to the closure. In the event of street closures, the applicant may be subject to a $500 fee. (b)Applicants shall furnish and install advance warning signs as requested by the City and in conformance with MNDOT. All appropriate safety precautions must be taken. Location credit. The City of Brooklyn Center requests acknowledgement in location credits, where applicable. 6 Filming Activities and Commercial Photography OCTOBER 23, 2017 Recommendations Council consider hearing, reviewing and discussing the draft proposal policy language for Filming Activities and Commercial Photography in the City of Brooklyn Center. Council direct staff regarding the next steps with the draft policy language. Background The City has periodically worked with independent filming companies to shoot videos or capture picture images in the city for commercialization purposes. Background con’t Request from companies have included, but not limited to the following: Closing and use of parks Closing and use of streets Closing and use of public space for staging upward of 10 trucks over night Enactment of police crime scenes Enlistment of security during filming Enlistment of traffic and traffic light control during filming Background con’t Request from companies have included, but not limited to the following: City services Labor Equipment Facilities Expertise Public space Cities Ordinance Reviewed St. Paul -MN Minneapolis-MN Richfield-MN Hopkins-MN Mirmar-FL Hollywood-FL Dahlonega-GA Sample Ordinance Elements Examined Commercial Film/Video Commercial Still Photography Non-commercial Film/Video Drones Permit Application Approval Process Timeline and Application Submittal Process Insurance: Indemnity Escrow Agreement Permit Duration Cancellation Processing Fee Film Permit Fee Ordinance Sections Purpose and objectives Definitions Permit required; exception Contents of Application Fee Review and Approval Process Permit Issuance Requirements Conditions and Restrictions on Permit Holder Insurance/Indemnity Duties of Permit Holder Bond or letter of credit Scholarship Program Traffic Control Plan and Street Closures Location Credit Purpose of Ordinance Provide staff guidance Establish permit authorization Create consistency in business services Permitting processes Fashion efficient coordination of filming activities request Purpose of Ordinance Commercial filming activities and commercial photography may provide opportunities for businesses to conduct business in the City and influence the City’s image in a positive manner. This policy would establish a fee for service instead of a permit fee structure. Thereby, the City would charge commercial filming and photography companies for the use of City services, labor, equipment, and facilities. Request Does the Council need additional information for discussion and consideration of a filming activities and commercial photography ordinance? What is the direction of the Council with regard to the draft filming activities and commercial photography ordinance? ** No Film Permit Fee for most cities. There may be additional costs associated with safety, parking, security, facility rental, traffic issues (barricades or road closures) or assistance from other city departments. Individual department fees will be assessed accordingly. ST. PAUL,MN MINNEAPOLIS,MN RICHFIELD,MN SAMPLE/TROY HOPKINS,MN MIRMAR, FL HOLLYWOOD,FL DAHLONEGA,GA COMMERCIAL FILM/VIDEO IS PERMIT REQUIRED? Yes Yes Yes Yes Yes Yes Yes Yes COMMERCIAL STILL PHOTOGRAPHY IS PERMIT REQUIRED? Yes Yes Yes Yes Yes Yes Yes N/A NON-COMMERCIAL FILM/VIDEO IS PERMIT REQUIRED? No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property No, unless impeding access to public property NON-COMMERCIAL STILL PHOTOGRAPHY IS PERMIT REQUIRED? Yes (NPO’s & students) N/A N o N/A N/A N/A N/A N/A DRONES (NEED AVIATION LICENSE) IS PERMIT REQUIRED? Yes Yes N/A N/A N/A N/A N/A N/A PERMIT APPLICATION APPROVAL PROCESS WHO APPROVES? Parks Permit Staff Park Board City Manager Town Board N/A Marketing/P.R. Office P.A./Marketing Office Multi TIMELINE/APPLICATION SUBMISSION DEADLINE? 10 days prior 10 days prior 30-180 days prior 45 days prior N/A 15 days prior 5 days prior 5 days prior INSURANCE: INDEMNITY CITY LISTED AS ADD’L INSURED $1.5M/occurrence, $3M in aggregate $250K/$750K for bodily injury - $300K property damage $1M (+) Yes, unsure of amount N/A $1M comp gen ea./$2 M gen a ggregate/ $300K auto $1M comp gen $1M ESCROW AGREEMENT ANTICIPATE CITY INCUR COST(S) No-charge fee afterwards N/A deposit prepayment of city's estim. costs/ expn Yes N/A N/A N/A No- charge after PERMIT DURATION REQUESTS N/A N/A 3 -10 consecutive days N/A N/A N/A N/A 30 days PERMIT DURATION (ADD’L) REQUIREMENTS REQUESTS N/A N/A No comm photo permit 180 days/location N/A N/A N/A N/A R enewal fee, same area CANCELATION PROCESSING FEE IS THERE A PROCESS? Yes Yes – No refund policy N/A N/A N/A N/A N/A Yes FILMING PERMIT CHART Woir°k Sessft©ffiI Age]rllthi Ilitem N©. 3 I Dh4 (0) Ufl1SWIN ff,)7IVLI] tisj aif1 [I)I DATE: October 23, 2017 TO: Curt Boganey, City Mana 6^' FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion on amending the minimum development parameters of the Shingle Creek Crossing Purchase Agreement for the EDA parcel (former Boulevard Bar & Grill/Ground Round restaurant site) to include a 4,000 sf, bank. Recommendation: It is recommended that the City Council consider providing direction to staff regarding amending the minimum development parameters of the Shingle Creek Crossing Purchase Agreement for the EDA parcel (former Boulevard Bar & Grill/Ground Round restaurant site) to include a 4,000 sf. bank. On May 23, 2011, the City Council approved the Shingle Creek Crossing Planned Unit Development Plans and the Final Plat of Shingle Creek Crossing, which provided for the reimaging of the Brookdale Mall site and the redevelopment of a significant portion of the Mall properties, including the current Midas Site and the EDA' s parcel (the former Boulevard Bar & Grill/Ground Round restaurant). Additionally, on May 23rd the City Council and EDA approved the Shingle Creek Crossing Tax Increment Development Agreement which included provisions for the conveyance of the EDA' s parcel as part of the overall redevelopment plans of the approved PUD. On June 27, 2011, the EDA conducted a public hearing on the sales of the EDA parcel and upon making the required findings, the EDA adopted Resolution No. 2011-16, A Resolution Approving Purchase Agreement with and Conveyance of Certain Property to Shingle Creek, LLC. The Purchase Agreement included the following provisions for the future conveyance of the EDA parcel: - The purchase price was set at the current appraised value of $355,000. The term of the purchase agreement is 5 years from the date of the execution of the Tax Increment Agreement. - The EDA's approval of site and development plans for this lot is required before the conveyance of the parcel, - The developer has agreed to the following minimum development parameters for this lot: o at least an 8,000 sf. commercial or retail facility or at least a 4,000 sf. dine -in restaurant consistent with the PUD. iltission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for till people and preserves time public trust k I 1kJ LI) LWI llJk!1 1 ILYLS] 1 DII1 (I]I The agreement has the required Right of Re-entry provisions, which state that barring any unavoidable delays, the developer shall commence construction of the improvements on this lot within 12 months of the conveyance of the property or the process of reverting the property back to the EDA will commence. The agreement included the provision that the $355,000 promissory note/sales price will be forgiven in the event the developer acquires and incorporates the Midas Site into the overall PUD plans. (The developer satisfied this provision with the acquisition of the Midas Site and incorporated this parcel into the overall redevelopment plans for Shingle Creek Crossing.) On October 8, 2012, the EDA adopted Resolution No. 2012-15, A Resolution Approving First Amendment to the Purchase Agreement and First Amendment to the Development Agreement. (Shingle Creek Crossing) which addressed the following: - The closing date for the EDA parcel was extended from June 30, 2016 until June 30, 2017. - The completion date for the reskinning of the Food Court Building was extended from December 31, 2012 to September 30, 2013. - The legal description for Phase II parcels was corrected to include the Food Court Building (Lot 2, Block 1, Shingle Creek Crossing). On November 13, 2012, the City Council adopted Resolution No. 2012-146, which approved the site and Building Plans for the LA Fitness Facility on portions of land formerly a part of the Midas site. On February 23, 2015, the EDA adopted Resolution No. 2015-03, a Resolution Approving a Third Amendment to the Development Agreement, a Second Amendment to Purchase Agreement, and Related Documents (Shingle Creek Crossing Project) which addressed the following to enable the developer to refinance the project's construction loan: - The redefining of the Food Court Work to mean the demolition of the Food Court Building, the construction of buildings El, E2, E3, E4, ES, Ni, N2, and N3 (building 1-8) and construction of food court parking and streetscaping; - The extension of the 5 year $1 M Forgivable Loan project completion date from June 28, 2016 to December 31, 2018; - To accept the status of the development and approve a partial forgiveness of the $1 M Forgivable Loan in the amount of $780,000 (78%); - To adjust the terms of the $1 M Forgivable Loan to reflect an adjusted balance of $220,000 and the additional development of 52,280 sf. to achieve total forgiveness; - To allow the developer to pledge the $2.3 M. TIF PAYG Note as collateral towards the new mortgage; and - To remove the potential suspension or termination of the TIF Note as a remedy in the event of Default by the Developer. - Additionally, the closing date for the EDA parcel was extended from June 30, 2017 until December 31, 2018. Plission: Ensuring an attractive, clean, safe, inclusive coinifluJilty that enhances the quality of life for all people and preserves the public trust IkYA I k1[S) 1AtI 1IkYA DI i7%i•] 1 iCSI ii[I)l Shingle Creek Crossing PUB Master Development Plan: The attached Master Development Plan was approved with the 7th Amendment to the Shingle Creek Crossing PUD Plans and illustrates the conceptual development of the EDA parcel with a 14,000 sf retail building and site layout that replicates a Walgreen's commercial site. This plan required provisions for an easement for 34 parking stalls on the Kohl's site. The marketing of this site for a development which meets minimum development parameters of the purchase agreement has not been successful over the last 6 years. Currently, Told Development has expressed interest in developing the site for a bank as illustrated on the attached conceptual development sketch. Assuming this commercial use is acceptable to the EDA, the plans are to proceed with the preparation of a site plan for the City's consideration in November-December of 2017. Policy Issues: Does the EDA believe the future development of a bank at the eastern entrance to the Shingle Creek Crossing PUD is in keeping with the vision for the redevelopment of this parcel? Does the EDA support the addition of at least a 4,000 sf. bank to the minimum development parameters provisions of the Purchase Agreement for the conveyance of the EDA parcel? Strategic Priorities: Targeted Redevelopment Targeted Redevelopment PIissio,z: Eiisuriizg an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust F I_j cc =o LU Lu [1I ZH IlL >- ' LU V) fll (U Hz [H. LU 0 oo Ln AN s\ I ll 8 O z 4 - iu1 AHS 04 ol A1110 AV7A-A-HFU—O pill cP / (:)D f'\fr r pool. - -- . ' // \ \ \ I' \ (1:-- - -- - --- - -- - \\ \\\ -- \'\ \\\ \\\\\\\\\\\ \\ - -- \ \\\\ \\\\\ \\ \ \\\ \\\ \ \ \ / '\\ ' \ \\\ \ c\\ Discussion on amending the minimum development parameters of the Shingle Creek Crossing Purchase Agreement for the EDA parcel (former Boulevard Bar & Grill/Ground Round restaurant site) to include a 4,000 sf. bank. EDA Work Session Item # 3 August 28, 2017 Brookdale Mall Policy Issues Does the EDA believe the future development of a bank at the eastern entrance to the Shingle Creek Crossing PUD is in keeping with the vision for the redevelopment of this parcel? Does the EDA support the addition of at least a 4,000 sf. bank to the minimum development parameters provisions of the Purchase Agreement for the conveyance of the EDA parcel? Work S sonrii Agenda Item N. 6 IA I M (I) 11I I1IiA S[I1IJ[Si I 'LI) 1 C'LII IF'i1 [iJ1 DATE: October 19, 2017 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: LMC Workforce Housing Policy- Prevailing Wage Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed League of Minnesota Cities Policies generally and LE-31 Workforce Housing Policy LE-31 specifically. Background: Staff has reviewed the draft policies as presented by the League of Minnesota Committees. The League Board has asked for Comments by October 27th if any City wishes to provide comment. The City Council has asked for review regarding the subject work force Housing Policy, specifically as it relates to the revised language, that states The Legislature should scale the workforce housing grant program to account for the additional cost associated with the prevailing wage requirements or eliminate prevailing wage requirements within the workforce housing grant programs. Staff does not have sufficient information to assess how this new language would potentially affect our Resident Economic Stability goals. As a member of the League Board of Directors, I hope to gain further insight into this question. With regard to the balance of the League Policies staff is aware of no policies that are likely to have a detrimental effect on the City of Brooklyn Center. (A draft copy of the policies has been sent electronically to each Council member) Policy Issues: Does the Council wish to object to or endorse any of the proposed LMC draft Legislative policies? Does the Council wish to propose alternative language as it relates to the draft LMC Legislative policies? Strategic Priorities: e Resident Economic Stability Mission: Ensuring an attractive, clean, safi?, inclusive community that enhances the quality of life for till people and preserves the public trust LE-31. Workforce Housing 2 Issue: Job creation is one of the fundamental goals of çconomic development. When employers 3 create new jobs through expansion or relocation there must be sufficient housing in the host 4 community for the new workers and their families to live. In rural communities, a lack of 5 housing stock for new workers can prevent a planned expansion or relocation, hampering job 6 growth and economic development. The economics of building a housing development in greater 7 Minnesota communities makes private development difficult, and workers with higher paying 8 jobs do not qualify for traditional affordable housing. This housing gap can bring development and job growth in a community to a halt. 10 In 2014, at the urging of cities through Minnesota, the Legislature created a workforce housing 11 pilot program for three cities in Roseau and Pennington Counties. In 2015 the Legislature passed 12 League-sponsored legislation that created the workforce housing development program (Minn. 13 Stat.- 1 16J.5'19), and appropriated $4 million to the Department of Employment and Economic 14 Development (DEED) to administer the program. Once grant awards from DEED were made, 15 prevailing wage requirements, construction costs, and land prices have shown to lessen the 16 effectiveness of creating more workforce housing units. 17 The 2017 Legislature approved funding for the Workforce Housing Grant Program at $2 million 18 each year. The program was moved from DEED to be administered by MN Housing Finance 19 Agency (MHFA) in Minn. Stat. 469A.39 with a change in qualifications that gives preference to 20 cities under 30.000 population (rather than 18,000 previously ). 21 The 2017 Legislature also approved a new use of TIF authority for workforce housing (Minn. 22 State, 469.174-176). In addition to requirements under Minn. State, 469.175, subd. 3, county and 23 school boards must approve the TIF plan before it is enacted and the authority sunsets in 2027. 24 The House and Senate onmibus tax bills both contained a provision creating a world'oroe housing 25 TIF district, and the Senate omnibus tax bill contained a workforce housing tax credit provision. 26 Neither provision became law because the Legislature did not pass an omnibus tax bill. These 27 additional requirements specific to workforce housing TIF districts put additional barriers on 28 workforce housing development and does not fully recognize the role of cities as the typical lead 29 government entity on housing projects. Minn. Stat. 469.175, subd. 2 currently requires cities to League of Minnesota Cities 2018 DRAFT City Policies Page 114 I provide the county auditor and clerk of the schpol, board with the proposed TIF plan and 2 estimate of the fiscal and economic implications of the proposed TIF district at least 30 dus 3 before the public hearhg required by Minn. Stat. 469.175, subd. 3. The cou auditor and 4 school board shall provide copies of these TIF pan materials to members of their boards. These 5 current requirements provide sufficient notice to taxpayers and other government entities 6 proposed TIF districts. 7 Response: The League of Minnesota Cities supports additional tools for local communities to develop workforce housing: 9 –The -begisl-a-turc.should c.rc•ate.a_WorkfeeeHusing$IF -D4 tF1 ct that i-s. not -ed 10 —.0nal-ifteoifte. it•its to be used by cities-that 11 or-.current job growth,.recognizes.insufficient private --development, or a--significant 12 portion p1- area cm.luyce•s wh.o arc forced to.co-rnmute.asigflifltistaflee -to--wnfkt 13 13 MHFADEED should solicit input from local communities to ensure that the goals of 14 the Workforce Housing Grant program are met, and DEED MHFA should award 15 funds to eligible projects as quickly and efficiently as possible; 16 $flThe Legislature should increase funding .eofithHIe-tO4UI1fi to the Housing and Job 17 Growth Initiative to aid housing in support of job growth, and amend Minn. Stat. § 18 462A.33 to eliminate or increase the maximum income levels for participation in the 19 program; and 20 dig)_The Minnesota Housing Finance Agency should make administrative changes to the 21 Housing Challenge Grant program to streamline the application process, reduce the 22 per-unit cost of constructing affordable housing, and increase the construction of 23 affordable rental units at 80% of median income and owner-occupied units at 115% of 24 median income, as currently allowed by state and federal law; and 25 _The Legislature should pass legislation creating a workforce housing tax credit to spur 26 development of workforce housing. 27 j) The Legjs1ature should scale the workforce housing pOgafl to account fjhe 28 additional cogsciiated w ithrequirements or eliminate2ltyailing 29 wage requirements within League of Minnesota Cities 2018 DRAFT City Policies Page 115 e)j)f) The Legislature should eliminate the provision in Minn. Stat. 469.175, subd. 3, that 2 reciuires the county board and school board to approve a workforce housing TIF plan 3 before it is enacted and the Legislature should also eliminate the sunset of the 4 workforce housing TW authority. 5 LE-32. Revisions to the OSA Audit Function 6 Issue: Pursuant to Minn. Stat. § 469.177 1, the Office of the State Auditor (OSA) is responsible 7 for tax increment financing (TIF) oversight. As part of its review of TIF districts, the OSA 8 identifies alleged violations of the TIF laws and issues noncompliance notices to TIF authorities. 9 In recent years, a number of cities have received letters of inquiry from the OSA that raise 10 questions about practices long-accepted by the OSA or limit statutory definitions that have not 11 been amended by the legislature for over a decade. The audit power in Minn. Stat. § 469.1771 is 12 necessary to ensure that individual cities comply with the TIF statutes, but is not effective in 13 clarifying the legislative intent of the TIF statutes. 14 In addition, the TIF statute requires that authorities respond to noncompliance notices within 60- 15 days of receiving the notification. There is no deadline for the OSA to respond, and authorities 16 often do not receive timely responses on the matter from the OSA. Government agencies 17 typically have response-tune deadlines, and it is appropriate for the OSA to respond by a time 18 certain to provide finality to the audit process. Any final disposition notice must be clear about 19 the final disposition of the matter. 20 Finally, the statutory audit enforcement process does not create an environment where these 21 policy questions can be fairly and sufficiently resolved. County attorneys lack the resources to 22 prioritize TIF disputes and lack the subject matter expertise needed to analyze the merits of the 23 OSA's audit findings. This results in excessive deference granted to the OSA's original audit 24 fmdings. Faced with the potential loss of increment, payment of attorney fees, and small 25 likelihood of success on the merits, cities often acquiesce to the OSA to save time and money. 26 Response: The League of Minnesota Cities believes there should be a more defined process 27 to establish rules or guidelines for TIF authorities with adequate input from local 28 government officials and public finance professionals prior to their adoption. League of Minnesota Cities 2018 DRAFT City Policies Page 116