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Home My WebLink About2012 09-24 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION September 24, 2012 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i CITY COUNCIL MEETING City of Brooklyn Center September 24, 2012 AGENDA 1. Informal Open Forum with City Council—6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but,rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance i 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 10, 2012— Study Session 2. September 10, 2012—Regular Session b. Licenses C. Application and Permit for Temporary On-Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 28, 2012 d. Resolution Authorizing the Community Activities, Recreation and Services Department to Apply for Grant Funding Through the Hennepin Youth Sports Program e. Amend 2012 City Council Meeting Schedule to Add Special Budget Work Sessions i CITY COUNCIL AGENDA -2- September 24, 2012 7. Presentations/Proclamations/Recognitions/Donations —None. 8. Public Hearings a. Planning Commission Application No. 2012-017 Submitted by Omar Abuisnaineh, a Request for Planned Unit Development Approval for the Rezoning of Certain Properties from C1 (Service/Office) District and C2 (Commerce) District to a New Overall PUD/C2 (Planned Unit Development/Commerce) District, Along with a Revised Development/Site Plan Approval of a Parking Lot Expansion to a Proposed Restaurant Use, for the Property Generally Located at the Northwest Corner of Brooklyn Boulevard and 69th Avenue North, and Addressed as 6901 and 6915 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its August 16, 2012, meeting. 1. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant of the City Located at 6901 and 6915 Brooklyn Boulevard —This item was first read on August 27, 2012; published in the official newspaper on September 6, 2012; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 2. Revised Development/Site Plan Approval of a Parking Lot Expansion to a Proposed Restaurant Use, for the property addressed as 6901 and 6915 Brooklyn Boulevard Requested Council Action: —Motion to approve the revised Development/Site Plan of the Parking Lot Expansion to the proposed Restaurant Use, for the property addressed as 6901 and 6915 Brooklyn Boulevard. b. Continued Special Assessments for Nuisance Abatement Costs and Administrative Fines/Citation Costs —This item was continued from September 10, 2012, for several properties. Requested Council Action: —Motion to re-open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. CITY COUNCIL AGENDA -3- September 24, 2012 1. Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Administrative Y g P Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2012-019 Submitted by Loren Van Der Slik/Gatlin Development. Request for Planned Unit Development Amendment (No. 3) to Amend the Previously Approved 2011 Shingle Creek Crossing Planned Unit Development. The Planning Commission recommended approval of this application at its September 13, 2012, meeting. 1. Resolution Regarding Recommended Disposition of Planning Commission Application No. 2012-019 Submitted by Loren Van Der Slik (For Gatlin Development Company) for a Planned Unit Development Amendment (Number 3)to the 2011 Shingle Creels Crossing PUD Requested Council Action: —Motion to adopt resolution. b. Planning Commission Application No. 2012-011 Submitted by Loren Van Der Slik/Gatlin Development. Request for Preliminary Plat approval of Shingle Creek Crossing 2nd Addition, Located in the Shingle Creek Crossing PUD properties. The Planning Commission recommended approval of this application at its September 13, 2012, meeting. 1. Resolution Regarding Recommended Disposition of Planning Commission Application No. 2012-011 Submitted by Loren Van Der Slik (for Gatlin Development Company) a Request for Preliminary Plat of Shingle Creek Crossing 2nd Addition Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 6830 Perry Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. i i CITY COUNCIL AGENDA -4- September 24,2012 b. Consideration of Type IV 6-Month Provisional Rental License for Georgetown Park Townhouses, 700-890 66th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment City Council Agenda Item Igo. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 10, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested discussion on Item 8a, Proposal for the Reissuance of Health Care Revenue Refunding Bonds (Evercare Senior Living, LLC Properties — Prairie Lodge at Earle Brown Farm), in particular whether they will refurbish the apartments and will there be a change in the interest. City Manager Curt Boganey stated he assumes they are refunding to take advantage of lower interest rates. In this case, the City is the conduit for the bonds and authorizing the agencies to take advantage of federal rules that allow them to issue these bonds at a lower cost. Mr, Boganey advised there are no real costs to the City since it is a pass through; however, the City indirectly benefits because the apartments are improved. Councilmember Kleven requested discussion on Item IOc2, Resolution Adopting a Preliminary Budget for the 2013 Fiscal Year, in particular the line item for the Brooklyn Bridge Alliance payment. Mr. Boganey noted it is under Joint Powers. Councilmember Lasman requested discussion on Item IOc, Preliminary 2013 Levy and Budget, in particular the taxable market value of a home and dollar impact to a median-valued home. Mr. Boganey stated this will be covered during tonight's PowerPoint presentation. He noted the 2013 median residential estimated market value (homestead) is $119,800 and the payable 2013 taxable market value is $96,830. The estimated median 2012 City property tax payment (homestead) was $786.17 and estimated payable 2013 is $734.27 based on the maximum levy, a difference of$51.90. He advised that Brooklyn Park's zero tax levy is framed as the impact on the median value home. 09/10/12 -1- DRAFT MISCELLANEOUS SIGN ORDINANCE Councilmember Lasman suggested, due to multiple sign requests received since the Open Forum request, that staff present the history of the Sign Ordinance's requirements and restrictions. She stated support to make no change to the Sign Ordinance but since requests were being received, wanted to assure the City Council Members were aware of the sound rationale for the Sign Ordinance restrictions that are in place. Councilmember Lasman stated there have been times when credible sign requests have been made,but there would need to be a good reason to deviate from the sound regulations within the Sign Ordinance. Councilmember Myszkowski stated she has visited those businesses and found it was difficult to notice the strip mall, especially if traveling from the west. There is also a large tree blocking view of the sign for one business. She stated she has an interest in understanding the rationale for the Sign Ordinance restrictions, especially since there are vacant retail spaces in the City. Councilmember Ryan stated he appreciates Councilmember Lasman raising this issue because when residents or a business raises issues about the City's ordinances and challenges the requirements, it is good for the Councilmembers to have a clear understanding of the rationale and regulations being imposed and can represent why the City feels said regulations should be preserved, or not, as presently written. He stated in the past it was indicated Brooklyn Center did not want the appearance of Lake Street and with today's social media, there are other effective means to reach customers. Councilmember Kleven stated she was unsure of the businesses' complaint. Mayor Willson stated the business had been cited for displaying very large sized flags, in violation of the Sign Ordinance. He noted this topic is raised every three to four years when a business feels it is being slighted or the City should not have a Sign Ordinance, as was requested at the last Open Forum. Mayor Willson stated he has a good example of what happens when there are not regulations and recounted that when Nicollet County changed its Sign Ordinance, it resulted in many huge billboards being erected along Highway 22 between Mankato and St. Peter, Minnesota. He indicated he is not in favor of revisiting the Sign Ordinance or changing the Ordinance since there are only a few individuals who have indicated they think there should be a change. Mayor Willson noted the business owners should have been aware of sight lines and the City's Sign Ordinance regulations prior to signing the lease in the strip mall. Mr. Boganey explained that following the Open Forum question, he had asked staff to identify the specific concerns of the property owner, whether there was substantive merit to his concern, if there was reason for the City Council to review the Sign Ordinance in relation to these issues, and whether this is the only issue or are there broader-based issues or implications. Mr. Boganey indicated once that information is received, he will make a determination whether to place this discussion on a future Work Session agenda. Mayor Willson stated he does not support expending staff time and resources to revisit the Sign 09/10/12 -2- DRAFT Ordinance. Councilmember Myszkowski stated she has the same concerns about expending staff time when there are other important issues; however, feels this issue may continue for a while. She stated it would be worthwhile to receive some background information so she has an understanding of how the Sign Ordinance came to be. Mayor Willson suggested using the City's website search utility of the past City Council, Planning Commission, and Charter Commission meeting minutes from the late 1990s, early 2000s. Councilmember Lasman clarified she had not brought up this topic as a suggestion to revisit, because she supports the Sign Ordinance as it is written. However, felt new Council Members may not know the history of the Sign Ordinance consideration and rationale for its regulations; Councilmember Ryan stated with an Open Forum inquiry Mr. Boganey undertakes a reasonable summation report to that complainant without consuming too many staff resources. He stated he would be interested in the information provided by Mr. Boganey because it will be helpful in being able to explain and better represent the-City relating to the Sign Ordinance, Mayor Willson noted a consensus of the City Council has been voiced for Mr. Boganey to obtain that information from staff. CHARTER COMMISSION RECRUITMENT/APPOINTMENT Councilmember Ryan referenced the recent letter sent to the Mayor and City Council by Chief Judge Peter Cahill relating to applications before the court for appointment to the Brooklyn Center Charter Commission. He commented on the ability of the Charter Commission to have a significant influence and suggested, in an effort to preserve the Charter and good government, that the Mayor and City Council offer appointment recommendations to Chief Judge Cahill. Mayor Willson indicated he knows two of the Charter Commission applicants and had made a personal recommendation for their appointment, leaving one seat open. He suggested City Council Members call Erin Lutz, Law Clerk for Chief Justice Cahill, to express their preference for who should be appointed. SISTER CITY PROGRAM Councilmember Kleven explained that following the two Sun Post articles relating to the Sister City Program, she has received telephone calls of concern. Mayor Willson described the City Council's past discussed about the Sister City Program, noting it will come up again. The City Council briefly discussed the Brooklyn Park delegation that will be visiting Liberia and potential funding sponsors for that program. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL 09/10/12 -3- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:51 p.m. Motion passed unanimously. MISCELLANEOUS—CONTINUED SISTER CITY PROGRAM Councilmember Kleven explained that the Sister City Program is raising concern with residents because "sister" implies a lifetime relationship. She asked how much staff time has been devoted to the Sister City Program. Mayor Willson indicated it is not a lifetime commitment because the City Council has discretion to sever that relationship at any time; however, he would support a long-term relationship if the City enters into a Sister City agreement. He noted the last time this was discussed it was to consider a Sister City with a general population that included all Liberian tribes. Mr. Boganey advised that staff has not invested a significant amount of time in the Sister City Program, other than responding to comments received. i Councilmember Myszkowski requested clarification on the comment made that residents feel threatened by a Sister City Program. Councilmember Kleven explained the concern was raised after.residents read the newspaper articles and related to making a lifetime commitment to a Sister City and use of tax dollars. Mr. Boganey stated he and Mayor Willson will be meeting in the near future with a member of one of the Liberian organizations to discuss a Sister City relationship in more specificity. He noted following that meeting, there will be more substance to report. i ADJOURNMENT i Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. I 09/10/12 -4 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL KL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 10, 2012 CITY HALL—COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. City Manager Curt Boganey advised of the Public Hearings that will be conducted at tonight's meeting and indicated those issues will be addressed during that specific agenda item. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Kleven requested a moment of reflection for personal clarity at the meeting. 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. 09/10/12 -1- DRAFT i i 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA i Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 20, 2012—Joint Session with Financial Commission 2. August 27, 2012—Study Session 3. August 27, 2012—Regular Session 4. August 27, 2012—Work Session 5. August 30, 2012—Joint Session with Financial Commission 6. August 30, 2012—Special Session 6b. LICENSES MECHANICAL Countryside Heating and Cooling 6511 Highway 12, Maple Plain Crosstown Mechanical 509 Como Avenue, St. Paul Erickson Plumbing 147192 nd Lane NE, Blaine RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE III—one-year license) 4006 Janet Lane Rodney Driscoll 5319 Knox Avenue N. Daniel Yesnes INITIAL (TYPE II—two-year license) 37016 91h Avenue N. Paula Virshek 3301 Mumford Road Danny Vo RENEWAL (TYPE III—one-year license) 340765 1h Avenue N. Garden City Court 330162 nd Avenue N. Huong Trang 6757 Humboldt Avenue N. Saleem Raza 09/10/12 -2- DRAFT I RENEWAL (TYPE II—two-year license) 5408 Girard Avenue N. Michaele Gardner 1320 68th Lane N. Rachel Omao 5310 Knox Avenue N. Doug Wahl 5655 Northport Drive Cindy Scherbing RENEWAL (TYPE I-three year license) 320764 th Avenue N. Willard Weisberg 5819 Dupont Avenue N. Tiet Nguyen 7025 Logan Avenue N. Justin McGinty 6e. APPROVAL OF FIRST READING OF ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES AND SET SECOND READING AND PUBLIC HEARING FOR OCTOBER 8, 2012 6d. RESOLUTION NO. 2012-115 APPOINTING ADDITIONAL ELECTION JUDGES 6e. CONSIDER REQUEST FROM GATLIN DEVELOPMENT COMPANY TO REDUCE THEIR $650,000 SECURITY FOR DEVELOPER IMPROVEMENTS TO $75,000 (FOR SHINGLE CREEK CROSSING PROJECT) 6f. RESOLUTION NO. 2012-116 APPROVING ALLOTMENT OF UNASSIGNED GENERAL FUND NET ASSETS 6g. RESOLUTION NO. 2012-117 APPROVING FINAL PLAT FOR EVERGREEN VILLAS 6h. RESOLUTION NO. 2012-118 APPROVING TRANSFER OF UNASSIGNED GENERAL FUND NET ASSETS TO THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION 6i. CONSIDER ACCEPTANCE OF 2012 DEER MANAGEMENT PROGRAM REPORT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS 09/10/12 -3- DRAFT I 8a. PROPOSAL FOR THE REISSUANCE OF HEALTH CARE REVENUE REFUNDING BONDS (EVERCARE SENIOR LIVING, LLC PROJECTS — PRAIRIE LODGE AT EARLE BROWN FARM) Director of Business and Development Gary Eitel introduced the item, discussed the background, and stated the purpose of the draft resolution to reissue the health care revenue refunding bonds for the Evercare Senior Living, LLC projects, which includes the Prairie Lodge at Earle Brown Farm. It was noted there are no costs or liability by the City of Brooklyn Center; however, a Public Hearing is required. Mr. Eitel displayed slides depicting the subject site. Mr. Boganey advised there is no pledge of City funds and without this process, these entities would not have access to tax exempt financing. It was noted the benefit to the City is that the properties are improved and it supports affordable housing for seniors and others. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-119 GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE REVENUE REFUNDING BONDS (EVERCARE SENIOR LIVING,LLC PROJECTS) Councilmember Ryan moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2012-119 Giving Host Approval to the Issuance of Health Care Revenue Refunding Bonds (Evergreen Senior Living, LLC Projects). Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ACCOUNTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning provided an overview of the special assessment process and summarized the process for each service type (Public Nuisance Abatements, Administrative Fines/Citations, and Administrative Vacant Building Registration). It was noted a Public Hearing is required and an appeal process is available for the property owner. Ms. Schleuning advised of options available after receiving an administrative citation and resulting process for each. She stated the Public Hearings for all three special assessments will be held simultaneously and if an assessment is appealed, action on 09/10/12 -4- DRAFT i that property will be continued to allow time for staff review and report at the September 24, 2012, City Council meeting. Ms. Schleuning advised that one written appeal had been received from Francis Crowley, 6225 Bryant Avenue N. Councilmember Lasman moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Ruben Salazar, representing Hector Auzaldo, stated his intention to appeal the special assessment on 6106 Quail Avenue N. Vadim Komisarchiky,property manager, 809 Main Street, Hopkins, stated his intention to appeal the special assessment on 5349 Sailor Lane. Elizabeth Becht, P.O. Box 22277, Robinsdale, stated her intention to appeal the special assessment on 4718 Twin Lake Avenue. Trung Duong, 1227 1291h Circle, Coon Rapids, stated his intention to appeal the special assessment on 1425 55th Avenue N. Glenn Oltman stated his intention to appeal the special assessment on 6407 Fremont Avenue N. Roland Livingstone stated his intention to appeal the special assessment on 2906 66th Avenue N. Syed Raza, 8748 Kilbirnie Terrace N., Brooklyn Park, stated his intention to appeal the special assessment on 5650 Humboldt Avenue N. Darnell Williams stated his intention to appeal the special assessment on 6006 Camden Avenue N. Magdaline Opare-Addo stated her intention to appeal the special assessment on 5725 Emerson Avenue N. Cherzong Thao stated his intention to appeal the special assessment on 6525 Noble Avenue N. Edwin Swaray, 16870 91St Avenue N, #C308, Maple Grove, stated his intention to appeal the special assessment on 5405 Queen Avenue N. Philip Momanyi and Tabith Monari stated their intention to appeal the special assessment on 6024 Halifax Place. Bill Carmichael stated his intention to appeal the special assessment on 5004 66th Avenue N. 09/10/12 -5- DRAFT i Steve Zachman stated his intention to appeal the special assessment on 6200 Dupont Avenue N. Rodney Jansen, 2560 Lakewood Lane, Mound, stated his intention to appeal the special assessment on 7106 Halifax Avenue N. John Danielson stated his intention to appeal the special assessment on 5524 Judy Lane. Cyrus Keriago and Rachel Omao, 12671 Radisson Road NE, stated their intention to appeal the special assessment on 1320 68th Lane N. Moeen Masood stated his intention to appeal the special assessment on 6765 Humboldt Avenue N. and 6753 Humboldt Avenue N. Reyes Colin Sanchez stated his intention to appeal the special assessment on 5843 Ewing Avenue N. Sia Yee Vue stated his intention to appeal the special assessment on 4950 Abbott Avenue N. Nicholas Bauer, 17935 Texas Avenue, Prior Lake, stated his intention to appeal the special assessment on 6319 Perry Avenue N. Brian Krohn stated his intention to appeal the special assessment on 5924 Abbott Avenue N. Vivian Olson, 6742 3rd Avenue N., St. Petersburg, Florida, stated her intention to appeal the special assessment on at 7164 Unity Avenue N. Xay Xiong stated her intention to appeal the special assessment on 3107 65th Avenue N. Courtney Thao Tran, 8730 Nevada Avenue N., stated her intention to appeal the special assessment on 5836 York Avenue N. Councilmember Lasman moved and Councilmember Ryan seconded to continue the Public Hearing on properties appealed this evening to September 24, 2012. Motion passed unanimously. 1. RESOLUTION NO. 2012-120 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-120 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls, as Amended to Remove: 5405 Queen Avenue N.; 5524 Judy Lane; 4950 Abbott Avenue N.; 3107 65th Avenue N.; 5924 Abbott Avenue N.; 6525 Noble Avenue N.; and 5836 York Avenue N. 09/10/12 -6- DRAFT Motion passed unanimously. 2. RESOLUTION NO. 2012-121 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-121 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 3. RESOLUTION NO. 2012-122 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-122 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, as Amended to Remove: 6106 Quail Avenue N.; 5349 Sailor Lane N.; 4718 Twin Lake Avenue N.; 1425 55th Avenue N.; 6407 Fremont Avenue N.; 2906 66th Avenue N.; 5650 Humboldt Avenue N.; 6006 Camden Avenue N.; 5725 Emerson Avenue N.; 6024 Halifax Place; 5004 66th Avenue N.; 1320 68th Lane N.; 6765 Humboldt Avenue N. and 6753 Humboldt Avenue N.; 5843 Ewing Avenue N.; 4950 Abbot Avenue N.; 6319 Perry Avenue N.; 7106 Halifax Avenue N.; 6225 Bryant Avenue N.; and, 7164 Unity Avenue N. Motion passed unanimously. 8c. CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Curt Boganey introduced the item. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously: No one wished to address the Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-123 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 09/10/12 -7- DRAFT Councilmember Ryan moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2012-123 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6835 COLFAX AVENUE NORTH Ms. Schleuning advised that 6835 Colfax Avenue North was inspected and eleven property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six- month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lasman seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6835 Colfax Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 907 57t' AVENUE NORTH 09/10/12 -8- DRAFT i Ms. Schleuning advised that 907 57th Avenue North was inspected and ten property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six- month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 907 57th Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. Mayor Willson alerted landlords and rental property owners of the City's rental ordinance and its strict adherence to that ordinance. 10c. PRELIMINARY 2013 LEVY AND BUDGET Mr. Boganey introduced the item to take action on the maximum preliminary property tax levy for the 2013 fiscal year. At 8:37 p.m., Mayor Willson turned the meeting over to Mayor Pro Tern Lasman and excused himself from the meeting. Mayor Willson returned to the meeting at 8:41 p.m. Finance Director Daniel Jordet provided an overview of the property tax levy and changes in assessed value for pay 2013. He noted the preliminary property tax levy for the 2013 fiscal year is $14,590,211, an increase of $371,020, which is equal to 2.61%. Mr. Jordet presented the projected City property tax change for taxes payable 2013. The City Council discussed the impact to tax rates directly related to State Legislative action and as a result of market conditions. It was noted the City Council had asked many questions during budget Work Session discussions and Joint Work Sessions with the Financial Commission. 09/10/12 -9- DRAFT i The Council recognized the excellent service of Messrs. Boganey and Jordet and the Finance Department, Mr. Boganey indicated the leadership team deserves a lot of credit for presenting realistic budgets based on the Council's goals and expectations. 1. RESOLUTION NO. 2012-124 APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2013 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-124 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2013. Motion passed unanimously. 2. RESOLUTION NO. 2012-125 ADOPTING A PRELIMINARY BUDGET FOR THE 2013 FISCAL YEAR Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-125 Adopting a Preliminary Budget for the 2013 Fiscal Year. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • August 28, 2012, Rotary Luncheon • August 28, 2012, Tour of Shingle Creek Walmart Store, which will be opening September 12, 2012 • August 30, 2012, Brooklyn Center Business Association Luncheon • August 30, 2012, Joint City Council/Financial Commission Budget Work Session • September 1, 2012, Historical Society Event at Brookdale Library • September 4, 2012, Reception for Liberian Vice President and Ambassador to the United States Councilmember Ryan reported on his attendance at the following: • August 28, 2012, Tour of Shingle Creels Walmart Store • August 28, 2012, Minority Action Coalition • August 30, 2012, Joint City Council/Financial Commission Budget Work Session • September 4, 2012, Reception for Liberian Vice President and Ambassador to the United States i 09/10/12 -10- DRAFT II i Councilmember Ryan announced the following: September 11, 2012, Firehouse Park Neighborhood Meeting; September 12, 2012, ribbon cutting ceremony for the Shingle Creek Walmart Store; and, September 21, 2012, blood drive sponsored by the Ahmadiyya Muslim Community. Councilmember Kleven reported on her attendance at the following: • August 28, 2012, Rotary Luncheon • August 28, 2012, Tour of Shingle Creek Walmart Store • August 28, 2012, Seminar on Brooklyn Township and War of 1862 • September 4, 2012, Reception for Liberian Vice President and Ambassador to the United States • September 9, 2012, Farmers Market,noting there were 53 stands Councilmember Kleven announced the following: September 11, 2012, Firehouse Park Neighborhood Meeting; and, September 12, 2012, Grand Opening of Shingle Creek Wa1Mart Store. Councilmember Kleven announced that Best Buy is moving into the former Blockbuster Store location. She applauded City staff for creation of the "Development Opportunities" brochure as well as handouts on diseased trees. I Councilmember Myszkowski reported on her attendance at the following: • August 28, 2012, Tour of Shingle Creek Walmart Store • August 30, 2012, Brooklyn Center Business Association Luncheon • August 30, 2012, Joint City Council/Financial Commission Budget Work Session • September 4, 2012, Reception for Liberian Vice President and Ambassador to the United States Councilmember Myszkowski apologized for not being able to attend the Firehouse Park Neighborhood Meeting, as she will be participating in the City Council candidate forum sponsored by the League of Women Voters and North Area Chamber of Commerce. Mayor Willson reported on his attendance at the following: • August 28,2012, Tour of the Shingle Creek Walmart Store • August 30, 2012, Joint City Council/Financial Commission Budget Work Session • September 3, 2012, Meet and Greet with the Liberian Vice President, Ambassador to the United States, and Delegation • September 4, 2012, Reception for Liberian Vice President and Ambassador to the United States • September 5, 2012, Liberian Vice President's Dinner • September 6, 2012, League of Minnesota Cities Meeting Mayor Willson announced the following: September 11, 2012, Firehouse Park Neighborhood Meeting; September 12, 2012, Grand Opening for Shingle Creek Walmart Store; and, September 13, 2012, Hennepin County Board meeting and discussion on dispatch services. Mayor Willson commended the City Council for attending all of these events, being active and committed to Brooklyn Center and determined to make it the best it can be. 09/10/12 -11- DRAFT 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:20 p.m. Motion passed unanimously. i I i I 09/10/12 -12- DRAFT City Council Agenda Item No. 6b i COUNCIL ITEM MEMORANDUM DATE: September 18, 2012 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City CB leArkk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its September 24, 2012. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Albrecht Sign Company, Inc. 7775 Main Street NE, Fridley Forced Air One 6768 158th Lane NW, Ramsey General Sheet Metal Company 2330 Louisiana Avenue N, Minneapolis Perfection Heating and Air 1770 Gervais Avenue, Maplewood Ray Vinzant Plumbing 1541 Carroll Avenue, St. Paul RENTAL See attached report. I' �Allsslon:Ensuring an attractive,clean,safe,inclusive connnunity that enhances the qualltr of l fB for all people and preserver the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 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 I—3 Year 1-2 units 0-1 3+<units"' 0475 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 i 3+units ' Greater Ilan:, 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'uriits. Greaterahan 0.25 abut 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 Ii Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive conununity that enhances the quality of life. for all people and preserves the public trust City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: September 11, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by City of Lakes Nordic Ski Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 28, 2012 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by City of Lakes Nordic Ski Foundation for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 28,2012. Background: City of Lakes Nordic Ski Foundation has submitted an application and permit for temporary on- sale liquor license for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 28, 2012. The City Council approved the application and permit for the October 27, 2012, event for Darkness Day event, and Surly will be hosting a 2nd day event for invitees only. The applicant has satisfied the City's requirements, submitted the $25 fee for the additional day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The applicant will meet with the Police Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive comnurnity that enhances the duality of life for all people and preserves the public trust OF pu Minnesota Department of Public Safety N ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222,St.Paul MN 55101-5133 FOF MINNE i (651)201-7507 Fax(651)297-5259 TTY(651)282-6555r W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON SALE LIQUOR LICENSE- TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Fov STREET DDRESS CITY STAT,E� I ZIP COD Vj 1V' 22. NAME F PERSON MAKING APPLICAT N BUSINESS PHONE HOME PHONE DATES LIQUOVI LD TYPE OF O A TION CLUB CH MT E RELIGIOUS OTHER NONPROFIT ORGANIZA 10 OFFIEMWS NAME ADDRESS F�0 -j3 �Oq. 0 NIZATION OFFICER'S NAME ADDRESS N v'� ORGANIZATION OFFICER'S NAME ADDRESS Lqr,atio licens will be used. If an outdoor a,des Ce) l 11 Sh- Q�(1 VV-. 17- . Will the applicant contract for intoxicating liquor service? If so,give thgxame and address 9f the liquor licensee pr viding the service. l V� Will,the a plicant carry liquor lability insurance? If so,please provide the carrier's name and in of coverage. -1:n ia a:5oo wic 1,OoD,ocb a COD OC APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/ OUNTY ! )-ICY _ DATE APPROVED S r CITY FEE AMOUNT � �S 1 W � � LICENSE DATES DA FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12/09) City Council Agenda Item No. 6d i COUNCIL ITEM MEMORANDUM DATE: September 14, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities,Recreation and Services SUBJECT: Resolution Authorizing the Community Activities, Recreation and Services Department to Apply for Grant Funding Through the Hennepin Youth Sports Program Recommendation: It is recommended that the City Council consider adoption of the attached resolution supporting an application for a Hennepin County Youth Sports Program Grant Background: Hennepin County is seeking local units of government interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the Twins stadium allows Hennepin County to grant a portion of stadium tax dollars to communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. The purpose of these grants is to allow municipalities, park districts or school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. Demand for soccer facilities in Brooklyn Center has grown over the last few years, putting strain on the existing fields. As the usage has increased, we have had considerable difficulty in balancing the increased demand,while still providing adequate playing surfaces. During this past year, we began the process of converting a former baseball field at Centennial Park to multiple soccer fields. While these improvements were undertaken as a temporary measure to allow for soccer space now, the grant funds would be used for a more permanent improvement. The anticipated improvements at Centennial Park would include: re-design of the field accommodate four youth sized soccer fields; excavation of poor soils; re-grading of the site for proper drainage; new top soil imported and the installation of an irrigation system. Grant submission requirements call for the local governmental unit making the application provide a resolution from its governing body authorizing the application submission. Accordingly, a resolution is attached for City Council consideration. Mission:Ensuring an attractive,clean,safe community that enhances the qualify of life and presetves the public trust i COUNCIL ITEM MEMORANDUM j Budget Issues: The anticipated total cost for these improvements is $166,500. The approved 2012-2026 Capital Improvements Fund budget includes $50,000 for Centennial Park soccer field improvements. The remainder would come from grant funds. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive,clean,safe conunautdiy that enhances the quality of life andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM WHEREAS, Hennepin County,via its Hennepin Youth Sports Program, provides capital funds to assist local government units of Hennepin:County for the development of sport or recreation facilities; and WHEREAS, the City of Brooklyn Center desires to develop soccer fields at Centennial Park for the purpose of benefiting youth athletics; and WHEREAS the Community Activities, Recreation and Services Department intends to submit a grant.request for said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center I. That the estimate of the total cost of developing PROJECT shall be $166,500.00 and the City of Brooklyn Center is requesting $116,500.00 from the Hennepin Youth Sports Program and will assume responsibility for a match requirement of $50,000.00. II. That the City of Brooklyn Center agrees to own, assume one hundred (100) percent of operation costs for the Centennial Park soccer fields and will operate the soccer fields for its intended purpose for the functional life of the facility, which is estimated to be 20 years. III.That the City of Brooklyn Center agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long term program direction. IV. That the Mayor and/or City Manager is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative.. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e i COUNCIL ITEM MEMORANDUM DATE: September 20, 2012 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Council Meeting Calendar Amendment Recommendation: It is recommended that the City Council consider adding two dates to the budget preparation calendar to allow for a more in depth review of the proposed General Fund Budgets. The recommended dates are Monday, October 1, 2012 and Monday,November 5, 2012. Background: At the August 30, 2012, Joint Budget Meeting with the Financial Commission there was a consensus to schedule more detailed reviews of the proposed General Fund Department Budgets. We are requesting an amendment to the Council meeting calendar to add October 1, 2012, and November 5, 2012, to the budget review schedule. Budget Issues: There are no budget issues to consider. Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City Mission:Ensuring rue attractive,clean,safe,inclusive conununity that enhances the duality of Ilfe for all people and preserves the public trust City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development �2 SUBJECT: Second Reading and Public Hearing of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant of the City, located at 6901 and 6915 Brooklyn Boulevard —AND - Approval of a Revised Development/Site Plan of the Parking Lot Expansion to the proposed Restaurant Use on the Property Addressed as 6901 and 6915 Brooklyn Boulevard Recommendation: It is recommended the City Council, following consideration under the public hearing, adopt the attached Ordinance amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land generally located in the Northwest Quadrant of the City of Brooklyn Center from C-1 (Service/Office) and C-2 (Commerce) to PUD/C-2 (Planned Unit Development- Commerce) District. Following this public hearing action, it is recommended the Council also approve the revised Development/Site Plan of the Parking Lot Expansion to the proposed restaurant use on the property, also located at 6901 and 6915 Brooklyn Boulevard. Background: The PUD is necessary to provide the Developer with needed "flexibility" in meeting certain site design criterion, specifically a reduced buffer space requirement from the adjacent residential zoned properties and a reduced parking setback from Brooklyn Boulevard right-of-way. On August 16, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-017. At this meeting, a planning report was presented, along with a visual presentation of the proposed PUD plans. A public hearing was opened and public comments received, which were all noted for the record. The Planning Commission considered both elements of this new PUD, which includes the rezoning and a new development/site plan of the subject site. The original development/site plan included the modification and addition of a new parking lot to the north of the existing �. commercial building site, to accommodate 25 additional vehicle spaces. The Planning Mission:Ensuring aft attractive,clear,saP,inclusive community that enhances the quality of life for all people and preserves the puhiic trust COUNCIL ITEM MEMORANDUM Commission provided a unanimous recommendation to approve the PUD rezoning and development/site plan. At the August 27, 2012 regular Council meeting, the Council adopted Resolution 2012-112, which tentatively approved Planning Application No. 2012-017, a request to rezone the subject properties from Cl and C2 to PUD/C2, along with a related new Development/Site Plan for the properties. This resolution was made subject to the successful outcome of a Second Reading, Public Hearing and final consideration(approval) of an Ordinance by the City Council. In response to concerns of the site layout,the Developer has made the following changes: 1) relocated the driveway off Brooklyn Boulevard approximately 75-feet to the north, which was recommended(but not required)by Hennepin County; 2) the parking layout has been redesigned to maximize the customer parking spaces in close proximity to the front door entries (facing Brooklyn Boulevard); 3) a 24' x 65' green strip has been created to provide opportunities for storm water treatment and/or rain garden features (if necessary); this strip results in the main parking area being set-back over 40-feet from the westerly residential boundary lines; and 4) the plan now meets the 15-ft. front yard parking setback off Brooklyn Boulevard, and reduces the impact of parking stalls in the 35-ft. buffer area to only 3 stalls; the Developer has indicated these stalls along the north edge will be assigned to employees. The Developer completed the acquisition of the single-family property to the north (6915 Brooklyn Blvd.) and has removed the dilapidated structure to make room for the additional parking areas. The Developer has also installed a new 7-foot high opaque fence along the westerly boundary lines, and will also installing a similar style fence along the north lot line. At the September 24, 2012 public hearing date,the City Council will provide final consideration of this PUD rezoning and the related revised final development/site plan. Attached for the City Council's review are Resolution No. 2012-112 (adopted August 27, 2012); the original and revised (new) PUD Development/Site Plan; and the proposed Ordinance . authorizing this new PUD/C2 zoning district. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. Mission:Ensuring an attractive,clean,safe,inclusive conumsnity that enhances the quality of life for all people and preserves the public trust i I! CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of September , 2012, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain lands, generally located in the northwest quadrant section of the City of Brooklyn Center, located at 6901 and 6915 Brooklyn Boulevard. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at(763) 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT SECTION OF THE CITY OF BROOKLYN CENTER, LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: i Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1170. SERVICE/OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service/Office District zoning classification: Lots 1 through-5 4, Block 1, Sunset Manor Addition. i AND Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: T-+aet A, Registered Land Stffvey Ne. 1163. I AND 1 Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1 Block 1 MONTY ADDITION. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of ,2012. Mayor i I ATTEST: City Clerk Date of Publication Effective Date (Note: (mil—ct text indicates matter to be deleted, while underline indicates new matter.) � I 2 CURRENT ZONING �fILLO CHOO r*f R5 . . RB R5 Rb r m _E N R5 m OTH AVE IN C1 pUDfC2 IWx PUDlC2 �Q LOW LANE PAR Q c1 puD/c2 Q -,` o w a ` J� C2 PUDlC2 0 IT 69TH AVE a-a 0 O-- C2 °of 1 0 C1 jm. C2 POST r <E C2 - C2 < C2 m \\.C2 Z 68TH AVE N - �\ r I 68TH AVE-,,N PROPOSED RE-ZONING WILLOV R5' SCHOC1 R5 R5 � m - _E N� R5 m 70TH AVE N_ _ -- 2?I C1 - z PUDlC2 � PUD/C2 LLI o'Ift WILLOW LANE PAR G4 puDIC2 z O Iw \� J I PUDIC2 Z'- _L—� I � 'OWN�. 69TH AVE� 0# PUD/cz�+' -- O G2 9c. \fy� n G2 C1 \ S.POST �{° E C2 --- . C2 C2� D D h m Im ( �\C2 - Z, D _68TH AVE N 68TH A N �u z 10 C2 I\ Call 48 Hours before digging EXTENDED PARKING LOT LAYOUT ORIGINAL GOPHER STATE ONE CALL DIMENSION & REMOVAL PLAN Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 / Q. c .xz 'I�� V ° , A V A LEGEND PARKIIdG REQUIREMENTS / V�f [:) ,16�` \ •.,\C\ \ PARKING STALLS: EXISTING DENOTES—�;.ti\ `C EXISTING 13 ' 41 f \�` O CON.—SET 1/2RW 18'—AR ``\` \ PROPOSED 25 / 11 \ / \\ TOTAL STALLS: 38 WITH Pusnc cAP'BLS a51D5' G'. `a'.� \ \ DENOTES CWLRETE SURFACE �K� I^"R \•\ a\ " \ REQUIRED STALLS: —O—DENOTES WHITE PLASTIC PRIVACY ENDS PER SEATS 25 DENOTES sTBALx uNE PER EMPLOYEES 5 \ ;:f�l�.P,1111• \� ��` � `\ \;ti O \ TOTAL REQUIRED 30 °rJ� DENOTES FIRE HYDRANT \ % ,• �+ (� �, 0 j6 `'\� 8612 CkC S� `\ \ I'1 OD1016 MEASURED ZONING IT] owm cs cAU.s u�rtxDlsTANC rANCE 'B DENOTES ELECTRIC METER \ I'�T!• SSA�� \ GJ DENOTr3 sTORU 2lVIIt.—LE\ 6901 BROOKLYN BLVD. C-2 COMMERCE (J DENOTES SMITMY MANHOLE \ 6915 BROOKLYN BLVD. C-1 SEANCE/OFFICE EN CE q DOTES UNKNOWN MANHOLE \\ PROPOSED �� DENOTES POMTH POLE \\ \5 \ \ 6901 d:6915 BROOKLYN BLVD. PUD/CIA(PLANNED UNIT DE CPMENT) DENOTES WY ANCHOR �` \ DENOTES DECIDUOUS TREE \ RENO Es CONIFEROUS RL ley �LH�1 BUL SETBACK TII'yI� fRW 40 PEAR T 35 DENOTES WATER s UTOR'VALVE l SIDE 10 ,0 DENOTES—B.LATCH BA9N R=3.0 lL•/ / O \ \ OWNER SIDE 25 G C OENOTES UTT POLE N��\ 5ps •z +R 5 45 i ` \\ \ `` `L/.r`r O[7r \ FRPRQUOSED PAMOND 10 SETBACK -L—DENOTES OVERNEAD—C y Lg. T�.. •.] \/ __. i^``l !a \t l ..�\ \ SIOE/REM 5 —DENOTES SANITARY SEWER UNE lil' L Nh Sri-zD m �- �. ^ 'J' \'1. A�;v A _.'�oEWNOTES STOR.NStxrnNUNE y L� % O�\ ✓ \ y 1\ \ LEGAL DESCRTPTION —DEAD Es STORM SEWER uNE DENOTES 9RE CDNNECRON/SPRINKLN �, •'� \ p';' \\ \ PPyar 1:That Port of Lat 5,Blx 1,San..t Maa,F IYIn9 NorN—tidy o1 MI z4 �.mr T - \ \ \ \ PIaD 2'Tha[Pakt.f of 1.Dla k 1,Cady Atldllla. m6mcad.I N at 5, PROPOSED ' sue i'to dmi a.Dead BURY Bauman[.a.ma.n an Flat(a.to land In Par DENOTE IRWCU Tr ONES la 9 -- DENOTES SAWWT BITUMINOUS SURFACE �,: {II �� L P / .•\`R\ \ \ I'•\'!'�Q \} .� \ AND ® OQIOTE6 8012 WPB t CUTTER DENOTES DIRECT OW x —d 1,Cady Addlllan,a On9 to LIT. d plat Ner.oI. W OF TRAVEL 2, `.\ PROPOSE➢CO.—TREE Arl / �I,I \ \ \� ? LOT AREA q SA fX/SC71NG A.\• �IIl�� \:� �\ \\ EX—NO LOT 1 9.635 SO.FT. OF1lOTES PROPOSED SHRUB sc° 111"* r Yf \ \ EOSTNG LOT 2=25.414 50.Ff. . � r BITUMINOUS \x\ \ \ \ w �, \ PROPOSED NEW LOT 1-35.C48 SO.FT. :♦ BElOTS CONIFTRDMS TREE HARDCOVER MATCH EXISTING \\ C A I / T�\\ C� �,�, \ \ TOTAL AREA OF DISnENRGMLOT 1k2 35,049 50.FT. REMOVAL NOTES cuRe c '^,T, \3 sc. t\�� j \ `i\ -,.� \`n\ � \ HARDCOw s9.z s i� \ •�\ \ \ m REMOVE EXISTING HSTUHINDUS \+�..\\\ \ l\\ ®REMOVE EXISTING CURD ` `,1„_ \ ®REMOVE EXISTING HOUSE `V REMOVE EXISTING CONCRETE SUEVALK BEHOVE EXISTING CONIFEROUS TREE _ ` \ r�RENDVE EXISTING DECIDUOUS TREE Nr- „ p u ` i ✓/ // Wf \ . ? a~\ \ GENERAL NOTES .,� / I�� .I/' 1 L,l —e ,✓/J w \II\I yT `'\ �" V� \ 1 V V I.. • I, .LIY T\ L—,.—., -�� —�/� r' (�„.}h�+j•//.i' .\\I—'L\'.I� y1//—�,\\\`\. \ `\ �\3�” f,ft\J' \\ 4NEO%DPECIFICZ 1 BEA D NEC R ASVTYICOS LTN M A S6AESESN U COMPLETED PlETEO ] S LOT BY T HE SIWE pp NaNNFOSTOWB NOR OETS GHOWAU- Ell 11 SHOWN HERON .,�/. '\ -- i __.__tee- --'S./.✓; 1%-'597 1\ r \ —1-THE SU ETHEHPHMD a.LLr oNCC CaouND NGTHE OU S CR OR FROM E%ISNNO RECORO.- ` %! N VUTES TOUSOR Or RES PRES VE OTHER N OF MTUTE:ANDPERVEEOa.0UUD BEN AND r�� ) _�..�_ •®�_ _� / \ \ '09—FROMTHC OVrNER50FRE]PECTIVELTIMTIESDY _ GOPHER STATEONECNLATP51)a540001 - _ _J — PRIORT—DESIGN,PLANNIN00R ECGAVAPGN. I 397H ANiFNUE !\ORTH _�..\ SCALE IN FEET F-T N0. DATE OESCRIPNW BY ENGINEERING DESIGN Sc SURVEYING JOB NAME:EXTENDED PARKING LOT n' I HEAEHY CA DUL THAT THIS PLAN WAS PREPARES BY S OR UNDER MY DIRECT SUPERM90N,AND DRAWN BY: CC/VS PROJ. NO. 12-03� THAT AM A DULY UCENSm ENGINEER UNDER THE LAWS OF THE STALE OF MINNESOTA 6480 Wayzata Blvd,Minnoap,hi'MN 55426 DIMENSION & REMOVAL PLAN OFFICE:(1631 545-2800 FAX (]63)5452801 /(°•/�'Vt'•'^ DATED: 1/17/12 LOCATION: 6901 &6915 BROOKLYN BLVD. CHECKED BY:VS SHEET N0. Cl ,\ �''✓•�. EMAIL:iaFOODdSmR.c—WEB SITE:http://ad,.n— v ADIMIR SIVRIVFR P.E.NO.25105 BROOKLYN CENTER,MN 55429 Call 48 Hours before digging EXTENDED PARKING LOT LAYOUT REVISED GOPHER STATE ONE CALL DIMENSION & REMOVAL PLAN 3:39 pm,Sep 18,2012 Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 ' `1 r'cq7\r "` 'i` PAG REQUIREMENT S _RKIN p / flI illG'Sf¢.ITV `ttTt_ t\, ttt1, PARKING STALLS: FOUND EXISTING I� IRON NDNUMEMT EXISTING 13 DENOTES O DENOTES SET 1/2"%TB-REBAR �I� ly I / ?� �•q4. ,ii Fit PROPOSED 25 WITH PLASTIC CAP•PLS xst05' `�t��1 \ TOTAL STALLS: 38I DENOTES CONCRETE SURFACE ?N F 1` `\� `i t` PER USEATS TALCS: 25 —u—DENOTES WITS PLASTIC PRIVACY FENCE rllll 5� ,may \yell 1(v, `�ti \l2`� PER EMPLOYEES 5 DENOTES FlRE HYDRANT TOTAL REQUIRED 3D t`I t®H ``.y pn) DENOreS uEASURED.n GE DENOTES PLATTED DISTANCE m O NOBS GAS METER ZONING ENDTES ELECTRIC METER JJ J��1 J)• (��`iv DEMO ES STORM SEWER MANHOLE I 8812 C&L �`) / ` '{\5 E� b � R/ ��`tilt 6:01 BROOKLYN BLVD. C-2 COMMERCE (J DENOTES SANITARY MANHOLE \OJ3\'y1j tl� 6D15 BROOKLYN BLVD. C-1 SERNCE/OFFICE p DEMDTES UNKNDWN MANHOLE PROPOSED rte, DENOTES PDWER POLE 6:01&8815 BROOKLYN BLVD. PUD/CIA(PLANNED UNIT DEVELOPMENT) pENDTES BUT ANCHOR 0 S a ` OEND ES DECIDUOUS RE[ -t1 tIJ 1 p T i SETBACK REQUIREMENT NOTES CONEOUS FREE T �Ivs t ,yly RW,'S.b _/�ln�/ .�\,` A B612 C&0 \` BUBU LOW SETBACK DENOTES ARBORNTAE aIIC{yy i jI�)�+ /J^ Aq`\ll.` SIDE T 10 DENOTES WATER SHUTOFT VALVE `\1 ilt REAR 4D 0 DENDRCS STORM CATCH BASIN CPD)fXXSED SIDE PARKW I2SETBACK O DENOTES LIGHT POLE l- �"�9� 7D ad �._� '� \�y 'ltl, 1l\ FRONT 10 =n(—DENOTES OKRHEAD ELECROC , SIDE/REAR 5 —DENDTES SANITARY SEWER LINE ```` 1 i}` `, —DENOTES WATERMAIN UNE R 1pD L Il \\ ll,` ` —DENDTE6 STORY SEWER UNE `PAUEMEU \\ q ` }\\l — S SEWER LINE CkG ✓ ./ \"T1..`&`\``\W `1111 i\l` LEGAL DF RIPTION > DENOTES DENDIE STORM SE FlRE CONNECTION/SPRINKLER ltll t`lii .1_ Aadtbn,of Lot S.Block 1.5unevt Manor,lytn9 Northevelerly of the Dlol PROPOSED ```2 \`.4 ll� Par.2:y part M Lai 1,Blvek 1,Cady AMR[—embraced wlthln Lol 5,BIOCk 1. S...t Mvnar. DENOTES PROPERTY LINES AND cl Lo dralne0e antl ulllllY eavemanty a en Dlvl:(av to land In Por 2) DENOTES SAWCUT BRUNIMOUS SURFACE Lot 2.Block 1,Cady AddIT vcavrtling to the recorded Dlat thereof. INDIES BE12 LURE A GVTTER \\ sub t �\ \'\, ,Tj,• `�l�` \ Tltl. kc to EN )NOTES,DIRECTION OF]RAVEL k.,•`\\ `, `\��^'.� \ \ t1�4.` LOT AREA DENOTES 1RDPDS60 DepIOUOUS TREE ____ _—_ savcur�r ��, S� y \� �tv^, h) T 0 ?!:)I T` r/ EXISTING ``", \ l ` EXISTING LOT 1=:,835 SO.FT. DEMOTES PROPOSED SHRUB I A9 - j 'iii \ \ ` ,\l tl`� EXISTNG LOT 2-25,414 SO.FE DENOTES CONIFEROUS TREE r�'I+lsb.,t1\ BITUMINOUS ``"�. ^�` \ \ i `� J PROPOSED NEW LOT t=33,049 50. - �R /i✓/ ��` 4j�,�� ,,, vii;, HARDCOVER / a.. MATCH fiYI5T1NO ��/T y�y,, 11\l .w `�✓✓ t\\ \\ `\ t1�tll,` LOT 1&2 EXISTING IMPERVIOUS AREA-20.758 SO,R. CURB ti ((/r. ",`",�;� 11 C ''(/n fi3 \ 3' , \,\s`\ 1t 1.t TOTAL AREA OF EXISTING LOT 1&2 35,049 SQ.R. REMOVAL NOTES '' rit\ HARDCOVER SB.2 x Ai, m REMOVE E XISTING BITUMINOUS �_ \I ,.•� sI �F, rl"`I 1`s ?,` 1 \�\ '^`.a "`�' A REMOVE EXISTING CURB X/ EVE EXISTING CONCRETE S S'p^:.I'n•\� \\!� \t;(`t��,` s A REMOVE EXISTING HOUSE II IIff^ / \ \ 1 It ®REMI➢EVALK ` 1 REMOVE EXISTING CONIFEROUS TREE REMOVE EXISTING nectnupus TREE exlsnac APAr n ear I i _ �i{ , _ - ;., n° fi �n y\ '\IJ Ever,-Ir,c +' 1Y,-- -- :: GENERAL NOTES `'1,t1\ DAsIS CPTHEDRRwc srsTEM lsnssuMED. r erOIHE SURVEYORONHASBEENTTHGC.TED /i/iviiiiia�iiiiii ii/av/. $ w ,.G .. c°W�A •�•.,`.,f -' In\ly oTST is m6INFDOES OT WASPRavmpOFCRTRSSUavEr. Irk � t / l •I oils suRVEroDECORD ruRrDRr TO SNO.vnu. `11 ` EXISTING UTOILRIESANO SERVICES SHOWN HER EON li, `✓ owNERLOG ATEDEDHER1WGII_YDNrnEGRDUND ESOW ✓5 l\� N oURNES ND SRV Ces Fruo ee rResENrEVORIOCATDN }4'SE'c iil. BS>NDUSORerRESDENTTESTIAVE OTHER o:wuT10N CF UTHAT Es AND SERVICES SHOT BE TN1R 11E OWNERS OF RESPECrvE UTUnes BY _ t ATOAO DESIGN.STATEING RELAY tBSN4. ___________ __�, —— PRIOR TO ANY D6sICN,PUNNING OR ExrAVnnDN. m�irt eu,1 u \ ~' \ SCALE IN FEET _ = _- - ---- --- ''RI—E-LIMINARY NOT vl= P CONS a^RUC 9 ION N0. DATE DESLRIPRDV BY JOB NAME:EXTENDED PARKING LOT ENGINEERING DESIGN Sc SURVEYING 1 HEREBY CERTIFY THAT THIS PUN WAS PREPARED BY NE OR UNDER E DIRECT SUPERMSION.AND DRAWN BY; CG�VB PROJ. N0. 12-037 `\ II 5 THAT AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. _ 6480 wayxvlo BIYd.Minneapolis,AIN 55426 DIMENSION & REMOVAL PLAN OFFICE:1] 545-2000 FA%:(JG3I 545-2801 ""/`"""' 0ATE0: 9/11/18 LOCATION: 6901 &6915 BROOKLYN BLVD. CHECKED BY:Vs SHEET NO. C1 EMAIL:in(D@odsmn.<om WEHSITE:hNp://adsmn.mm VLADINIR SIVRIVER P.E.NO.25105 BROOKLYN CENTER,MN 55429 COPY%W Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-112 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY LOCATED AT 6901 - 6915 BROOKLYN BOULEVARD FROM Cl (SERVICE/OFFICE) AND C2 (COMMERCE) TO PUD/C2 (PLANNED UNIT DEVELOPMENT/ COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT/SITE PLAN I WHEREAS, Planning Commission Application No. 2012-017 submitted by Omar Abuisnaineh proposes a Rezoning from Cl (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future expansion of a proposed parking lot addition on the subject properties; and I . WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2012, whereby a planning report was presented and public testimony regarding the rezoning and development plan were received, and WHEREAS, the subject properties are identified and guided in the 2030 Comprehensive Plan as OS/RB (Office-Service and Retail Business) use, and the proposed PUD/C2 Zoning comprehended under this application would be consistent with this underlying land use category; and WHEREAS, the Planning Commission considered the rezoning request in light of f• all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) district contained in Section 35-322, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-017 be approved based upon the following findings: t A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; � I i i RESOLUTION NO. 2012-112 13. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; subject to the site plan issues being fully.resolved by the City and Applicants; C. The rezoning will facilitate the redevelopment plan of this site,which will be compatible with the goals and policies of the City's Comprehensive I Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially within the Brooklyn Boulevard corridor area, and will help stimulate new investments in the neighborhood and community. F. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, tax base ..and eliminates a vacant commercial building site; ii. provides for the redevelopment of a potentially obsolete and underutilized site into a use(s) that address needs in the marketplace; The proposed rezoning and related development plan will provide an opportunity to create a new zoning district provides for a more flexible use of the commercial site and which encourages good design. G. Based upon the above considerations, it is believed that the guidelines for evaluating rezoning's as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore; in the best interest of the community. RESOLUTION NO. 2012-112 AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center further recommends'to the City Council that Application No. 2012-017 be approved subject to the following conditions 4nd considerations: 1. All conditions noted in the City Engineer's Review Memorandum (dated 08/06/12) and all other subsequent or updated conditions required by the j City Engineer-are submitted and/or fulfilled. 2. The Applicant must apply for and receive final plat approval to combine the two parcels under this PUD. No work on the parking area will be permitted unless authorized by the City Engineer. 3. The Applicant shall provide additional opaque screening fence, minimum 64eet in height, along the entire westerly and northerly boundaries of the subject site. I 4. Applicant shall provide additional fencing and/or screening to a minimum of 3 to 3.5 feet in height within the 10-foot green-strip setback area between the new parking area and Brooklyn Boulevard.. Landscaping will .be installed along this fencing area and be adjusted accordingly to the new fence's opacity, with plant materials and amount to be determined and approved by the City's Business and Development Director. 5. The Applicant shall submit a photometric plan for all new lighting on this site. All new lighting shall meet or exceed those requirements.established under Section 35-712 of the City Ordinance. The review and final considerations must be completed under the building permit and/or land disturbance permit review. 6. The rezoning is subject to the. successful acceptance and approval by the City Council of the final development/site plan,proposed for the subject site. 7. The Applicant shall enter into and execute a new PUD development agreement as prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota;that the findings and considerations to comprehend the approval of Planning Application No. 2012-017, as determined by the Planning Commission, are hereby accepted, and the request for .the Rezoning from C1 (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new 1 I RESOLUTION NO, 2012-112 Development/Site Plan for the properties located at 6901 and 6915 Brooklyn.Boulevard, is also hereby approved and subject to the same conditions memorialized in this resolution. August 27, 2012 //_o__ �� -r!- Date Mayor hvill ATTEST: f WWI City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowsk and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 8b City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti,Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development ; SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2012-019 — Submitted by Loren Van Der Slik (For Gatlin Development Company) for a Planned Unit Development (PUD) Amendment — No. 3 to the 2011 Shingle Creek Crossing PUD. Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding the Recommended Disposition of Planning Application No. 2012-019 — Submitted by Loren Van Der Slik (For Gatlin Development Company) for a Planned Unit Development (PUD) Amendment — No. 3 to the 2011 Shingle Creek Crossing PUD. Background: On September 13., 2012 the Planning Commission considered Planning Commission Application No. 2012-019, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, of a PUD Amendment to the approved Shingle Creek Crossing Planned Unit Development project. This request is the third amendment proposed under this planned unit development. The PUD amendment request made by Gatlin Development under this application (and noted in the attached Planning Report) included allowing Building D to be expanded from 6,175 sq. ft. to 8,400 sq. ft., along with a drive-thru lane/pick-up window for the end-cap user of said Bldg. D. The Planning Commission however, recommended the allowance of Bldg. D to expand, but without the drive-thru lane/window improvements. The Commissioner stated the Developer may j request a similar style drive-thru lane under a future site plan review with a special use permit, which is allowed or provided for under current C2 (Commerce) district regulations. A follow-up friendly amendment to the original PC Resolution included a condition that the Developer would "improve pedestrian access from Bass Lake Road (Co. Rd. 10) to be reviewed as part of the final site plan process." Attached for review is the Planning Commission Report 2012-019 with certain maps and attachments related to this request item. Also attached is Planning Commission Resolution No. 2012-20, in -which the Commission provided a unanimous recommendation of the PUD Amendment to the Shingle Creels Crossing project. Excerpts from the September 13, 2012 Commission meeting minutes, as related to this consideration of this matter, are also attached. Mission:Ensuring an attractive,clear,safe,inclusive conununity that enhances the quality of life for all people and presewes the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. Mission:Ensuring an attractive,clean,safe,inclusive conununity that entrances the quality of life for all people andpreserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-019 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 3) TO THE 2011 SHINGLE CREEK CROSSING PUD WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which approved the establishment of the original Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Application No. 2012-019, which proposes a third amendment to the Shingle Creels Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement,which are noted as follows: 1. replatting of Lots 12 and 13 into two new lots (Lots 1 and 2, Block 1, Shingle Creek Crossing 2°d Addition) and which includes the revising original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use with a drive thru service window and lane; and 2. replatting of Lots 15, 16 and 17 into four reconfigured lots (Outlot B, Lots 1, 2 and 3, Block 2, Shingle Creek Crossing 2°d Addition) and which includes replacing original Building Site Q (35,660 sq. ft.junior box retail store) with two new mixed retail/restaurant pad sites (new O and Q pad sites); and RESOLUTION NO. 1. Allow the revision of original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use. 2. Allow the replacing of original Building Site Q (35,660 sq. ft. junior box retail store) with two new mixed retail/restaurant pad sites of 7,500 sq. ft. and 6,000 sq. ft. (new 0 and Q pads,respectively). 3. Deny the creation of new Outlot B under proposed Shingle Creek Crossing 2"d Addition, but instead allow the same area to be replatted or incorporated into the proposed abutting lots (Lot 1 and 2, Block 2 of Shingle Creek Crossing 2°a Addition) and further allow for the future additional day-lighting of Shingle Creek in this same area. 4. The approval of these lot reconfigurations shall be made under separate plat application, with final plat approval by the City Engineer and City Council. 5. Unless amended otherwise or under separate, new agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall apply to these sites comprehended under this planning application (No. 2012-019) and all shall remain in effect for the entire Shingle Creek Crossing PUD project site. 6. The overall approval of the Shingle Creek Crossing Master Plan,.labeled as "Amendment No. 3" and dated August 2012, shall be recognized as an approved and updated master plan of this Shingle.Creek Crossing Planned Unit Development. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 7. Execution of a PUD Amendment agreement as prepared by the City Attorney. 8. Improve pedestrian access from Bass Lake Road (County Road 10)to be reviewed as part of the-final site plan process. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-019, submitted by Loren Van Der Slik and on behalf of Gatlin Development Company, which application proposes a third amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, is approved subject to the same conditions memorialized herein. September 24, 2012 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. "j, I,, ccco 00- _x '00 0000co 0a(i -0 1 III 0-.-10--- -------- J_ PROPOSED PYLON SION _A�Q(0.00po , -1 COUNTY ROAD �Fl X-nj 4. 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PROPOSED ADDITIONAL SHINGLE CREEK DAY-LIGHITNG (OUTLOT B AREA) � SHINGLE CREEK CROSSING ® Kimley-Horn BROOKLYN CENTER, MN GATLIN DEVELOPMENT COMPANY and Associates,Inc. o M 0 QIT� AUGUST 2012 ;]°_g UiIlVEI1JtT nVf.!PEST,gU�iE:!�Iu IUI S-11 Will Slrcct ',l.P�uL.I.�IHNF:ATA 'ugll< Di I.—Tenges,ee mss TeI:615-446-7104 Fm:GI5-f�aG]105 5 METRO TRANSIT STATION m ^ri EXISTING FULL -.EXISTING 'EXISTING FULL y TRAFFIC ACCESS COUNTY RD NO 101 BASS LAKE RD ACCESS TRAFFIC SIGNAL "TRAFFIC SIGNAL _ SIGNAL L q� 10'D a U EASEMENT DRIVE-THRU '9190JP" DRIVE-THRU 20'BUILDING 20'BUILDING SETBACK I �\D RIVE THRU - S ETS K 15'BUILDING ___ _• _ b SETBACK 1 / s. 10'D&U C --x�11e F,ys�' i O O '•oao.r ,RIVE- O \ �PUD D P \\ BOUNDARY P EASEMENT / n rr�r rF �J\ l a ' ar — `\ anon \\ (TYP.). \\\ `\ EXISTING 3S'BUILDING IBS \ \ KOHL'S 5 SETBACK i 9,500!!; 2, \ LOT 3, T _ �\ q ri \\ \ \ \\ \�20'D&U BLOCKI r v '' \ C 1 K \` \ �r \\ \\\\\\\:X\ EASEMENT' l -¢✓Qp' /h \ sl, >� \ _ D.sao \`� ,\e - \? \ \,• t el O \.. 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LU>O>W UJ 12 SIGN LEGEND: =W In M uuxuuCxr ccx D• P SiLx F _ P IAEEwAV onON EXISTING `\ ° \ %i /�/// /�� \NC> Ur SEARS // ./ \\,p SITE DATA TABLE z BUILDING Otal�—N w ✓ >C 1 POTENTIAL SEPARATION / e�6 Gib i.� / N / l/ aP E� (n O� u III EA MENTA \ No,pJtl F- 1 EXISTMG / J o C 111 \ \ STORMWATER i i��! W Z 11 I14 / `PUD BOUNDARY(TYP.) `\ FP% W Lu Lij 'MA U 11 Lu o u EXISTING G ` k//, 1D O FULL \ R ACCESS \ 45'NSP \ z M CO EASEMENT = i 9 3 NORTH P cc " - DnrE 08/13/2012 o�[ . 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OA E J- .. °T o`eix:EVi`rn°a"ooaE x / ^i T°Nl'ROA 4LCCioxco.°rz E°i os T}TZO Iz FIRJO,�.... .°° x,.°i v °u LE.i x[ i6[ war R[UvERE Or s°i[/L°CAL m 02 Cltow BROOKLYN CE�I"I'ER i Application Filed on 08/13/12 City Council action should be taken by 10/12/12(60 Days) Planning Commission Report Meeting Date: September 13,2012 Application No. 2012-019 Applicant: Loren Van Der Slik- Gatlin Development Company Location: Shingle Creek Crossing Request: Planned Unit.Development—Amendment No. 3 INTRODUCTION Gatlin Development Company is requesting a planned unit development (PUD) amendment to the previously approved Shingle Creek Crossing PUD redevelopment plans. The requested amendments consist of a number of changes or additions,which are noted as follows: a. replatting of Lots 12 and 13 into two new lots (Lots 1 and 2, Block 1, Shingle Creek Crossing 2nd Addition) and which includes the revising original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use with a drive thru service window and lane; and b. replatting of Lots 15, 16 and 17 into four reconfigured lots (Outlot B, Lots 1, 2 and 3, Block 2, Shingle Creek Crossing 2nd Addition) and which includes replacing original Building Site Q (35,660 sq. ft. junior box retail store) with two new mixed retail/restaurant pad sites (new O and Q pad sites); and c. the creation of a new Outlot B for future Shingle Creek day lighting features. The original Shingle Creek Crossing PUD was approved on May 23,2011, and was subsequently amended(Amendment No. 1) on September 12, 2011; followed by Amendment No. 2 on August 13,. 2012. An updated master plan, labeled Master Plan No. 3 and dated June 2012 is also included as part of this report and provides a general illustration of these proposed amendments. PLANNED UNIT DEVELOPMENT (AMENDMENTS) 1. Revise original Building Site D from a 6,175 sq.ft. retail building to a new 8,400 sq.ft. building for mixed retail services and restaurant use with a drive tlzru service. The updated Master Plan Amendment No. 3 provided by the Developer illustrates a change to the Building D pad site: Building D was originally proposed as a 6,175 sq. ft. retail building. App.No.2012-019 PC 09/13/2012 Page 1 DOSED MONUMENT MDNUM 77%P �. r l - 4,800si - _ `E'J = I 7,890 8,400sf } The amendment requests a significant increase of this building from 6,175 sf. retail/service use to an 8,400 sf. mixed retail/restaurant use, with a drive-thru service lane for a future end- cap user. As part of the PUD Agreement between Gatlin Development and the City, the Developer is allowed to decrease final building sizes without the need for any PUD amendment or special approvals, but is not allowed to increase building sizes, except in certain cases where a 5% increase is allowed under City Zoning Code Section 35-355. Subdiv. 5.d. The 2,225 sq. ft. difference represents a 36% increase in size. Building D under the May/Sept. 2011 Master Plan illustrated the proposed development on a 0.61 acre lot, with 31 parking spaces or a 5.1 parking ratio. The proposed PUD amendment requests the building to be increased to 8,400 sf. of mixed restaurant/retail service use, with 51 parking spaces (6.07 ratio), while increasing the lot to 1.0 acres. The amendment also provides for the allowance of a new drive-thru service lane to be reserved for the end-cap restaurant user only. As part of the new replatting of Lot 13, Block 1, the original Building E pad site is being reduced from 7,890 sq. ft. to 4,800 sq. ft. of new building. As mentioned previously, buildings are allowed to be reduced (from their original approved size indications) without the need for any PUD amendment or other approvals. App.No.2012-019 PC 09/13/2012 Page 2 `}'RAKING- �� -- I T«�0 _-- OUNTY RD NO 10/BASS LAKE RD A( NO 10/BASS LAKE RD _ - _ 10 D&U EASEMENT - -- SETBACK WITI# — COU TY=RO _ _ -- _. 10 D&U EASEMENT I DECORATIVE 20'BUILDING NO.10 R:O. Y`20'BUILDING ATION SETBACK DEDICATI DRIVE-THRU SETBACK �. FENCING__f. -- 1 FISTING:DE1VAtlI r \O OUTLOT A E OUTLOT A C 12,225sf -LOT�Il� f F'� _ O r bf v - - -66 4O _ I L07�3 7 esos O O BLOCK' f ii l BLOCKI - f e4z f e.4005f II ` U!I I0 LOT12,i1"� ( IIII!III!li'I bf v df \` ;✓ Iililll I' BLOCKI7 ILII II� I / fl ' ' :LO�,I, � C L T1, j ) OLOTfti4t,'°� LO_T_15 * ` \ 1o,920sf BL'IOCK 1' ALOCK 1 O \- SITE DATA TABLE PARKING BUILDING DESCRIPTION LEGAL LOT AREA BUILDING PROVIDED RATIO D(existing) Lot 12,Block 1 0.67 acres 6,175 sf. 27 spaces 5.1 SCC Addn. D(proposed) Lot 1,Block 1 1.0 acres 8,400 sf. 51 spaces 6.07 SCC 2Nd Addn. Although "restaurants" were identified as an allowable use under the original PUD Agreement between Gatlin Development and the City, along with agreeable standards for parking areas, it was understood that most of these sites (i.e. Buildings A, E and M) were planned to be a "sit-down style" restaurants, and not necessarily a convenience-food type facility. Moreover, convenience food restaurants with drive-up facilities are allowed under the prevailing C-2 —Commerce district by means of a special use permit. In some cases, the PUD [amendment] application can substitute as the typical special use permit process. The SCC-PUD Agreement provided a parking standard reduction for retail uses from 5.5 spaces per 1,000 sf. of gross floor area (GFA) to a reduced 4.5 spaces per 1,000 sf. of gross leaseable area (GLA). Restaurants were allowed to reduce from one space per two seats plus one per employee to a reduced 10 per 1,000 sf. of GLA, with an added provision that up to 20% of the GLA in a multi-tenant retail building may be a restaurant use without the need for additional parking. 2. Replacing original Building Site Q (35,660 sq. ft. junior box f•etail store) with two new mixed retail/restaurant pall sites of 7,500 sq. ft. and 6,000 sq. ft. (ne)v O and Q pads, t•espectively). The original May/September 2011 Master Plan illustrates a proposed 35,600 sq. ft. "junior box retail" store, which was tentatively identified for a proposed Best Buy store. I App.No.2012-019 PC 09/13/2012 Page 3 IMPROVEMENTS PROPOSED SHINGLE \ CREEK REGIONAL TRAIL \ 1 PROPOSED DAYLIGHTED SHINGLE CREEK TRAIL CONNECTION-,' P I i TO EXISTING BRIDGE m) O ,r �: EXISTING SHINGLE t,ice CREEK BOX CUL ERT / PROPOSED FREEWAY V1'KJ During construction of this Shingle Creek Crossing project, it was discovered by the Developer that this area where the large retail store would sit would be affected by a large pocket of unsuitable soils, which was deemed too costly to remediate and was therefore redesigned. The larger building has been removed and replaced with two new restaurant/retail pad sites as shown in the diagram below. r PROPOSED SHI J \ `CREEK REGION XTWO gy EXISTI L \ TRAIL C w~ TO EXI 2c,soo sr Although the two new pad sites combined do not equal the size of the original 35,000 sq. ft. junior box retail they are replacing, these two sites will fit better against the new Shingle Creek day-lighting area and will accommodate two, sit-down style restaurant users with outdoor seating/patio areas. App.No. 2012-019 PC 09/13/2012 Page 4 ' I \------� t DAYLIG 01 I `V (EXISTI 7 IN 1 - O I LI I y 71500sf LO , A EN TRAIk\ - E (W\ ,IDT . v LOCK �l 1 ,\ 00sf a... s,a0osf LOCK 2 �� 20,500 sf I -.aC OUTLOT SITE DATA TABLE PARKING BUILDING DESCRIPTION LEGAL LOT AREA BUILDING PROVIDED RATIO O(proposed) Lot 2, Block 2 0.75 acres 7,500 sf. 41 spaces 5.47 SCC 2"d Addn. Q(proposed) Lot 3, Block 2 1.0 acres 6,000 sf. 66 spaces 11 SCC 2nd Addn. 3. The creation of a new Outlot B for future Shingle Creek Clay lighting features. During this same time of construction and redesign, City staff had been in discussions with the Developers in providing space to expand the planned Shingle Creels day lighting areas, specifically to the rear of this original 35,000 sf. building. A revised day-lighting concept was also designed by the Developer's consultants and submitted to the City, along with a revised Master Plan illustrating the removal of the larger junior box and replacing it with two new mixed restaurant/retail users. Unfortunately, there are limited funds to complete this added day-lighting, which is estimated to cost nearly $1 million to install. As part of this 3rd Amendment, the Developers chose to proceed with the request to create these two lots and new pad sites as shown in the following diagrams. App.No.2012-019 PC 09/13/2012 Page 5 \) CREEK REGIONAL TRAIL S _ 1 - r EXISTING DAYLI J , %}�.,;SHINGLECREEK 7n00z1 LOCK2 \ ! I� CONNECTI \ �c OUTLOT / = To EXISTING 6R �. B �Ey' m xa✓ I- \ -3 ��\ \ EASEMENT I � 11 /�� _-4, T / FPf EXISTING SHINGLE , j CREEK BOX CUL PROPERTY Since this new Outlot was specifically created to accommodate this additional Shingle Creek day-lighting feature, and since this day-lighting will not be done this year, Staff suggested this specific amendment item be denied, and the proposed outlot area incorporated into the adjacent (proposed) Lots 2 and 3 of this proposed Shingle Creels Crossing 2nd Addition plat. Staff does however, support the concept in allowing additional day-lighting of Shingle Creek in this same "open area" in the future, which we believe can be done under allowances made by a drainage and utility easement placed over these lots. This revision will be addressed more appropriately under the review and consideration of Planning Application No. 2012- 011, the request for Preliminary Plat of Shingle Creek Crossing 2nd Addition. ANALYSIS & FINDINGS Under a typical C-2 Commerce district areas, a special use permit is needed for convenience food restaurants with drive thru service windows. When determining the appropriateness of a convenience food restaurant under an existing or established PUD,the City may elect to allow or permit such uses under a typical PUD Amendment process, as is being done under this particular application. Moreover, the same standards used for determining or granting special use permits may be considered, which are noted under Zoning Code Sect. 35-220; Subpar. 2. Standards for Special Use Permits, as follows: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and hill not be detrimental to or endanger the public health, safety, morals Or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement Of surrounding property for uses permitted in the district. d Adequate measures have been or will be taken to provide ingress, egress and parking so designed cis to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in lvhich it is located. I App.No.2012-019 PC 09/13/2012 Page 6 i The transition of original Bldg. D to a new mixed use/restaurant user with a drive thru lane is the second type of request made by the Developers in this PUD. Under the original SCC PUD Agreements, eating establishments were designated for Lots 6 (Bldg. A), 13 (Bldg. E) and 15 (Bldg. M) of Shingle Creek Addition. There were no plans (at that time) to have any restaurant users with drive-up windows or lanes under this original PUD plan. At the previous August 2, 2012 PC meeting, the Commission approved a recommendation to the City Council to allow the addition of two more eating establishments on this site, with each building site allowed a drive thru service lane/pick-up window. One of these sites, Bldg. C, was originally planned to be a bank with drive-up window service lanes, while new Bldg. G was redesigned to accommodate a drive-up window lane for a proposed coffee shop on the end-cap of said building. New Bldg. D mimics this Bldg. G layout and size, with the drive-up window to serve only an end cap user. At the August 2nd meeting, a few of the Planning Commissioners made comments and raised concerns of allowing more convenience food restaurants with drive-up windows inside this PUD site. The Developer is aware of these concerns raised by the PC, as well as reservations made by city staff in previous discussions regarding these types of improvement and amendments. However, the Developer has indicated that in the development and marketing of this site since the approval last May 2011, a majority of the businesses interested in developing or occupying this site have been convenience food type restaurants, which normally request or require drive-up windows. This is not to say all hope is lost on the possibility of having sit-down style restaurants operating inside this.PUD, because the Developer continues to pursue eating establishments that do not require drive-up windows, and has specifically reserved four of these pad sites for such uses. The original PUD Plan to have only three "eating establishments"has now increased to possibly seven eating establishments, with three to have drive-up window/lanes as part of their service operations. At this time, only one building site (Bldg. C) has been targeted for a stand-alone eating establishments with a drive-up window/lane. The approved Bldg. G and this proposed Bldg. D intend to have end-cap users with drive-up window service lanes. The remaining four eating establishment sites (Bldgs. B, E, M and Q) are identified as either future stand-alone sites or mixed retail/restaurant uses, with outdoor patio/dining areas, and all without drive-up windows. Even with the changes comprehended under redesigned Bldg. D and the drive-up window lane, Staff does not object to allowing or permitting a drive-up window lane feature as part of this proposed (amended) restaurant use. Convenience food restaurants with drive-up windows are allowed by special use permit under.the C2 (Commerce) District, which is the underlying and prevailing zoning of this PUD site. These types of restaurants however, are excluded from any C2 Zone if said use abuts an Rl, R2 or R3 residential zoning district, which in this case is not a factor. Similar to the same findings Staff made under the previous consideration of Bldg. G (at the August 2nd PC report/presentations), the transition of Bldg. D to a new 8,400 sf. mixed-use restaurant and retail use may: App.No.2012-019 PC 09/13/2012 Page 7 i j e public wel are o this PUD as it maintains and keeps a) promote and enhance the general p bla f f p the redevelopment activity of this site intact and ongoing, b) reflect a current need or benefit to the Site as requested by the Developer, c) not be a detriment or danger to the public. d) not be injurious to the use and enjoyment of other uses in this PUD; e) not impede the normal orderly development and proposed improvements of this PUD; and fi is shown to have adequate measures will be taken to provide suitable access to the site. The redesign of Bldg. Site Q with two new, smaller mixed use/restaurant users is also supported by the same findings noted above. The added Outlot D and additional day-lighting of Shingle Creek is notable, but is not able to be done at this time. Assuming additional funds may be secured in the near future,the Developer is amendable to providing additional day-lighting measures in this area targeted as Outlot B. The areas of said outlot will be incorporated into the abutting lots proposed under the Shingle Creek Crossing 2"d Addition, which are Lots 1 and 2, Block 2 of said 2n Addition. For documentation sakes, this request for creating this Outlot B needs to be denied, but a supporting statement that this same area may be used for additional day-lighting of Shingle Creek is encouraged and approved. REPLATTING ISSUES The changes comprehended under this PUD Amendment request includes the reconfiguration of a few lot lines and creation of new lots to accommodate these individual building sites. These specific lot changes and other lot modifications to be made throughout this PUD site are to be considered under the separate preliminary.plat of Shingle Creek Crossing 2"d Addition, which is will be considered immediately following this matter. Under approvals comprehended herein, conditions will be added that relate to these plat changes, both preliminary and final plats, which must be reviewed and approved by the City Engineer. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2012-20,which comprehends the approval of Planning Application No. 2012-019,which proposes a Planned Unit Development(PUD)Amendment to allow changes to the 2011 Shingle Creek Crossing Planned Unit Development, subject to the following conditions and allowances: 1. Allow the revision of original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft.building for mixed retail services and restaurant use with a drive thru service window and lane; App.No.2012-019 PC 09/13/2012 Page 8 2. Allow the replacing of original Building Site Q (35,660 sq. ft.junior box retail store)with two new mixed retailhestaurant pad sites of 7,500 sq. ft. and 6,000 sq. ft. (new O and Q pads,respectively). 3. Deny the creation of new Outlot B under proposed Shingle Creek Crossing 2nd Addition, but instead allow the same area to be replatted or incorporated into the proposed abutting lots (Lot 1 and 2, Block 2 of Shingle Creek Crossing 2nd Addition) and further allow for the future additional day-lighting of Shingle Creek in this same area; 4. The approval of these lot reconfigurations shall be made under separate plat application, with final plat approval by the City Engineer and City Council; 5. Unless amended otherwise or under separate, new agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall apply to these sites comprehended under this planning application(No. 2012-019) and all shall remain in effect for the entire Shingle Creek Crossing PUD project site. 6. The overall approval of the Shingle Creek Crossing Master Plan, labeled as "Amendment No. 3" and dated August 2012, shall be recognized as an approved and updated master plan of this Shingle Creek Crossing Planned Unit Development. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan,which plan shall govern the planned and future redevelopment areas of this site. 7. Execution of a PUD Amendment agreement as prepared by the City Attorney. Attachments • Shingle Creek Crossing Master Plan(May 2011) • Shingle Creek Crossing Master Plan No. 3 (August 2012) • August 13,2012 PUD Amendment Plan Set App.No.2012-019 PC 09/13/2012 Page 9 i MEMORANDUM DATE: September 7,2012 TO: Tim Benetti,Planning and Zoning specialist FROM: Bruce Johnson,Engineering Technician Supervisor Steve Lillehaug,Director of Public Works/City Engineer SUBJECT: Public Works Review of Planning Application for Plarmed Unit Development Amendment No. 3 —Shingle Creek Crossing Public Works Department staff reviewed the documents submitted for review for the Planned Unit Development (PUD) amendment for sites D, E, O, and Q dated August 13, 2012, and provides the following recommendations,comments and conditions: 1. The following comments are contingent upon preliminary and final plat approval and final site plan and land alteration/building permit submittal and approval for Phase 2 of the Shingle Creek Crossing development. Additionally, this review only includes a review of the revisions contained within sites D, E, O, and Q. Other site revisions are apparent on the drawings outside of these sites, are inconsistent with the previously approved PUD and amendments,and have not been included as part of this review. 2. Eliminate Outlot B as shown in the proposed PUD drawings. Outlot B property area should remain consistent with the originally approved plat for Shingle Creels Crossing and remain attached to the adjacent parcels. Plans should be updated to likewise include this area as being integrated and well designed with these adjacent lots. 3. Site D has been revised and now includes a drive-thru, which is not consistent with the originally approved PUD. 4. Provide trash enclosure area details and locations for proposed PUD amendment sites O and Q. 5. No portion of building or appurtenant structures may encroach on the City drainage and utility easement. 6. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to all sites (proposed and existing), and all loading dock areas(proposed and existing including Sears). All major routes that include truck traffic must be designed with a heavy duty pavement section. 7. The loading dock and truck turning/backing areas for site S/N must be fully separated from public customer parking areas on site Q and must not direct or invite public parking ingress/egress routes through loading dock and turning/backing areas.Final access routes and turning movements for all loading dock areas will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. All items, recommendations and conditions are preliminary planned unit development review comments only and are meant to represent and guide the future planning and development of site plans and the corresponding revisions to the property plat and easements that are necessary. All conditions are subject to further review, revision and approval as part of any future re-platting and site plan review. Member Schonning introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2012-20 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-019 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 3) TO THE 2011 SHINGLE CREEK CROSSING PUD WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which approved the establishment of the original Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Application No. 2012-019, which proposes a third amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement,which are noted as follows: 1. replatting of Lots 12 and 13 into two new lots (Lots 1 and 2, Block 1, Shingle Creek Crossing 2°a Addition) and which includes the revising original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use with a drive thru service window and lane; and 2. replatting of Lots 15, 16 and 17 into four reconfigured lots (Outlot B, Lots 1, 2 and 3, Block 2, Shingle Creek Crossing 2"d Addition) and which includes replacing original Building Site Q (35,660 sq. ft.junior box retail store) with two new mixed retail/restaurant pad sites (new O and Q pad sites); and 1 i I i I 3. the creation of a new Outlot B for future Shingle Creek day lighting features. WHEREAS, the Planning Commission held a duly called public hearing on September 13, 2012, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2012-019, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, may be approved based upon the following considerations: A. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. B. The Planned Unit Development Amendment proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. C. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. D. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. E. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance are met and the proposal is, therefore,in the best interest of the community. NOW THEREFORE BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-019 be approved subject to the following conditions and considerations: 1. Allow the revision of original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use. 2 2. Allow the replacing of original Building Site Q (35,660 sq. ft. junior box retail store) with two new mixed retail/restaurant pad sites of 7,500 sq. ft. and 6,000 sq. ft. (new O and Q pads, respectively). 3. Deny the creation of new Outlot B under proposed Shingle Creek Crossing 2A Addition, but instead allow the same area to be replatted or incorporated into the proposed abutting lots (Lot 1 and 2, Block 2 of Shingle Creek Crossing 2nd Addition) and further allow for the future additional day-lighting of Shingle Creek in this same area. 4. The approval of these lot reconfigurations shall be made under separate plat application, with final plat approval by the City Engineer and City Council. 5. Unless amended otherwise or under separate, new agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall apply to these sites comprehended under this planning application (No. 2012-019) and all shall remain in effect for the entire Shingle Creek Crossing PUD project site. 6. The overall approval of the Shingle Creek Crossing Master Plan, labeled as "Amendment No. 3" and dated August 2012, shall be recognized as an approved and updated master plan of this Shingle Creek Crossing Planned Unit Development. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 7. Execution of a PUD Amendment agreement as prepared by the City Attorney. 8. Improve pedestrian access from Bass Lake Road (County Road 10) to be reviewed as part of the final site plan process. September 13, 2012 � _ �� / k:Z, Date Chair. L ATTEST: ' Secretary 3 The motion for the adoption of the foregoing resolution was duly seconded by member Rahn and upon vote being taken thereon,the following voted in favor thereof. Chair Rahn, Commissioners Kuykendall, Morgan, Parks, Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 4 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Planning Commission Secretary Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Scott Burfeind and Stan Leino were absent and excused. APPROVAL OF MINUTES—AUGUST 16 2012 There was a motion by Commissioner Schonning, seconded by Commissioner Kuykendall, to approve the minutes of the August 16, 2012 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. PRESENTATION—BROOKLYN BOULEVARD STUDY UPDATE Mr. Steve Lillehaug, City Engineer, provided a presentation of the Executive Summary of the Brooklyn Boulevard Study. He stated that he would like to step thru the progress being made on the Brooklyn Boulevard Study that is being done in cooperation with Hennepin County, MnDot and Three Rivers Park District. Mr. Lillehaug explained the goal is to revitalize the corridor improving transportation functions of the road in an appealing and safe manner to create a more pedestrian friendly environment and to also spur redevelopment. Mr. Lillehaug reviewed existing conditions along Brooklyn Boulevard especially the existing non-compatible uses such as single family homes. He added this study will set the ground work to establish funding once a specific plan is in place since no funding is currently identified. Commissioner Morgan arrived at 7:15 p.m. Mr. Lillehaug reviewed some areas along Brooklyn Boulevard that need improvements and noted recommended strategies and concepts that will be looked at throughout the study to allow the vision and improvements to occur that will improve safety along the corridor and eliminate direct access onto Brooklyn Boulevard. Page 1 9-13-12 I Chair Rahn asked about the implementation of the plan and cost estimates for the project. Mr. Lillehaug replied that implementation will first be for manageable projects and the 1" phase will be at Hwy 100 and Brooklyn Blvd since MnDot will be redecking the bridge in 2014. That project will be what sets the tone for the next phase. He added that from a safety standpoint, the area along Brooklyn Boulevard and 50th Avenue near Malmborg's could be the next phase since it is a high accident intersection. However, each phase of the project will be dependent on funding and partnership with others. Commissioner Parks asked if roundabouts have been considered for the corridor. Mr. Lillehaug responded that he is an advocate of single lane roundabouts, however; only multi-lane roundabouts could be utilized along Brooklyn Boulevard. He added they have been discussed; however, controlled intersections seem to be a better solution in this corridor area with the possibility of a roundabout north of Hwy 100. APPLICATION NO.2012-019 LOREN VAN DER SLIK/GATLIN DEVELOPMENT Chair Rahn introduced Application No. 2012-019, consideration of a Planned Unit Development proposing Amendment No. 3 to the previously approved 2011 Shingle Creek Crossing Planned Unit Development. (See Planning Commission Information Sheet dated 9-13-12 for Application No. 2012-019.) i Mr. Benetti explained the requested amendments consist of. I • Replatting of Lots 12 and 13 into two new lots (Lots 1 and 2, Block 1, Shingle Creek j Crossing 2°d Addition) and which includes the revising original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use with a drive thru service window and lane. • Replatting of Lots 15, 16 and 17 into four reconfigured lots (Outlot B, Lots 1, 2 and 3, °d Bloc 2 Shingle reek Crossing 2 Addition) a nd which includes replacing original Building Site Q (35,660 sq. ft. junior box retail store) with two new mixed retail/restaurant pad sites (new O and Q pad sites). • The creation of a new Outlot B for future Shingle Creek day lighting features. Mr. Benetti further described how the proposed amendments would affect the development on the site. He stated that since this new Outlot was specifically created to accommodate additional r Shingle Creek day-lighting and since it will not be done this year, Staff suggested this specific amendment item be denied, and the proposed outlot area incorporated into the adjacent (proposed) Lots 2 and 3 of this proposed Shingle Creek Crossing 2°d Addition plat. He added staff does support the concept in allowing additional day-lighting of Shingle Creek in this same "open area" in the future which can be done by placing a drainage and utility easement over these lots. He added this revision will be addressed under the Planning Application No. 2012- 011, the request for Preliminary Plat of Shingle Creek Crossing 2na Addition. Page 2 9-13-12 Mr. Benetti reviewed issues brought forward at the last Commission meeting regarding `eating establishments' with drive-up windows and stated that convenience food restaurants with drive- up windows are allowed by a special use permit under the C-2 (Commerce) district provided they do not abut Rl, R2, or R3 zoned properties. Chair Rahn asked for clarification on the denial of Outlot B for future daylighting. Mr. Benetti responded that with the costs involved with the daylighting, this allows a building to stay where it is at and as the site starts to expand that they could use TIF dollars to benefit this area to complete the daylighting features. Mr. Eitel added Building Q is a restaurant pad and the pond will be built soon and with the economic energy generated by this project, funds will become available to pay for the daylighting. PUBLIC HEARING—APPLICATION NO. 2012-019 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2012-019, at p.m. The motion passed unanimously. Chair Rahn called for comments from the public. No one came forward for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2012-019. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks stated that he is not in favor of Buildings G, D and E and feels it is a very suburban look and does not encourage pedestrian traffic with the layout of parking. He added it is good for now but not for the future. He envisions businesses coming for a few years and then leaving empty buildings. He added he feels we could have done better with the site. Commissioner Schonning stated he traveled through the site today on a road that is a one way and there was a lot of traffic to the Walmart site. He feels there will be a lot of traffic into this site which should be good for future businesses. Commissioner Parks restated how important he feels the view and access from Hwy 100 is to the success of this site. He also stated his direct concern is once someone is on the site how does a pedestrian get through the site if there is a fence around the site. Mr. Eitel responded that there will be a fence along County Road 10 that will encourage pedestrians to enter the site at the intersections and not cross over from County Road 10 to the site through the parking lot. He added there is over a mile of interior walkways on the site for pedestrians to navigate. Page 3 9-13-12 i Commissioner Parks stated he feels the fence will keep people off the site rather than encourage them to enter the site since the fence is located in a way that redirects them away from the site. Mr. Eitel responded that the walkways are located to connect to the trailways and are designed to encourage pedestrian safety. Mr. Parks stated again that he feels there should not be a fence around the site but rather walkways that direct pedestrians directly to the site. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-18 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-020 SUBMITTED BY LOREN VAN DER SLIK/GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 3) TO THE 2011 SHINGLE CREEK CROSSING PUD There was a motion by Commissioner Schonning, seconded by Chair Rahn, to approve Planning Commission Resolution No. 2012-20. There was continued discussion among the Commission regarding voting on approval or denial of the application. Chair Rahn asked the Commission to state their basis for denial. Commissioner Parks stated he objects to the decrease in the number of parking spaces on the site with the increase to the building size,he feels the plans does not provide adequate pedestrian access with the fence around the site and he would like the sites to have more green space. Commissioner Kuykendall stated she is not comfortable with additional drive-thru's on this site and feels the city has adequate number of them already. She would be more comfortable with a more specific plan for the building before allowing a drive thru. She added if the plan were modified to approve without lot B, she would vote positively. Commissioner Kuykendall made a friendly amendment to the motion on the floor to remove the drive thru window in Building D. Commissioner Schonning and Chair Rahn accepted the friendly amendment. Commissioner Parks made a friendly motion that a recommendation be added to move the pedestrian walkways and increase the green space for Buildings D and E. Commissioner Schonning stated he would not accept the motion because it is too vague to vote on and in looking at the green space he feels green space has been added. Commissioner Parks made a friendly amendment to improve pedestrian access from Bass Lake Road(County Road 10). Commissioner Schonning, Kuykendall and Chair Rahn accepted the friendly amendment. Page 4 9-13-12 i Voting in favor of friendly amendments: Chair Rahn, Commissioners Kuykendall, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 24, 2012 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2012-011 LOREN VAN DER SLIK/GATLIN DEVELOPMENT Chair Rahn introduced Application No. 2012-011, consideration of proposed Preliminary Plat of SHINGLE CREEK CROSSING 2ND ADDITION, located in the Shingle Creek Crossing PUD properties. (See Planning Commission Information Sheet dated 9-13-12 for Application No. 2012-011.) Mr. Benetti explained the final plat for Shingle Creek Crossing was approved on May 23, 2011. Under.this 2°d Addition,the Applicant is requesting to modify or add the following changes: • Replat Lots 12 and 13, Shingle Creek Crossing into two new lots, Lots 1 and 2, Block 1, Shingle Creek Crossing 2"d Addition. • Replat Lots 15, 16 and 17 of Shingle Creek Crossing into four reconfigured lots, to be known as Lots 1, 2 and 3, Block 2, Shingle Creek Crossing 2°d Addition. • Platting of a new Outlot B, Shingle Creek Crossing 2°d Addition. He added replatting is necessary to accommodate individual parking needs for each reconfigured building pad sites. PUBLIC HEARING—APPLICATION NO. 2012-011 There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2012-011, at 9:17p.m. The motion passed unanimously. Chair Rahn called for comments from the public. No one came forward for the public hearing on Application No. 2012-011. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2012-011. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application i Page 5 9-13-12 ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-21 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-011, SUBMITTED LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 2ND ADDITION There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks,to approve Planning Commission Resolution No. 2012-21. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 24, 2012 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM-UPDATE ON REVISED SITE PLAN FOR SLIM'S PIZZA Mr. Benetti provided an updated site plan for Slim's Pizza (6901 Brooklyn Boulevard) which was brought to the Commission a few weeks ago. He stated that Staff has been working.with the applicant to realign their site plan and they are prepared to bring this new layout before Council. It was the consensus of the Planning Commission that this was a better plan and meets with their approval. There were no other discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Schonning, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:40 p.m. I Chair Recorded and transcribed by: Rebecca Crass Page 6 9-13-12 City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM 1 DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist(57 THROUGH: Gary Eitel, Director of Business and Development �L SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2012-011 Submitted by Loren Van Der Slik (For Gatlin Development Company) A Request for Preliminary Plat of Shingle Creek Crossing 2nd Addition Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2012-011 Submitted by Loren Van Der Slik (For Gatlin Development Company) A Request for Preliminary Plat of Shingle Creek Crossing 2nd Addition. Background: On September 13, 2012 the Planning Commission conducted a public hearing on Planning Commission Application No. 2012-011 submitted by Loren Van Der Slik (For Gatlin Development Company) for Preliminary Plat approval. Attached for review is Planning Commission Resolution No. 2012-21, in which the Commission provided a favorable and unanimous recommendation of the Preliminary Plat. Excerpts from the September 13, 2012 Commission meeting minutes, as related to this consideration of this matter, are also attached. Please note the resolution attached to this memorandum is only in reference to the preliminary plat. The new final plat is to be presented separately by the City Engineer and considered under separate action by the City Council. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: - — – 1. We will proceed aggressively with implementation of City's redevelopment plans. 4. We will improve the city's image. Hiss'ion:F,nsuring an attractive,clean,safe,inclusive conunanitp that enhances the quality of Life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-011 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 2ND ADDITION WHEREAS, Planning Commission Application No. 2012-011 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 2n ADDITION, which is a replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on September 13, 2012, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 2n1 ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-011, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 —Platting. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-011 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 2nd ADDITION,be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated September 7, 2012 shall be complied with or completed as part of any final plat approvals. 2. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer,prior to release by the City for recording purposes. I III RESOLUTION NO. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-011 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 2°d ADDITION, be approved based upon the those same conditions memorialized herein. September 24, 2012 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. X r of KLYN TER Application Filed on 08/13/12 City Council action should be taken by 10/12/12(60 Days) Planning Commission Report Meeting Date: September 13, 2012 Application No. 2012-011 Applicant: Loren Van Der Slik- Gatlin Development Company Location: Shingle Creek Crossing—PUD Project Site Request: Preliminary Plat of Shingle Creek Crossing 2"d Addition INTRODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 2"d Addition, which would allow the replatting of certain lots and creation of new lots within the approved Shingle Creek Crossing Planned Unit Development project site. A public hearing is scheduled for this item, and notices were mailed to the surrounding property owners. ANALYSIS The final plat for Shingle Creek Crossing was approved on May 23, 2011. Under this 2"d Addition, the Applicant is requesting to modify or add the following changes to said plat: 1, replat Lots 12 and 13, Shingle Creek Crossing into two new lots,;Lots 1 and 2, Block 1, Shingle Creek Crossing 2"d Addition; i 2. replat Lots 15, 16 and 17 of Shingle Creek Crossing into four reconfigured lots, to be known as Lots 1,2 and 3,Block 2, Shingle Creek Crossing 2"d Addition, and. 3. platting of a new Outlot B, Shingle Creek Crossing 2"d Addition. The affected areas are located in the easterly section of the original Shingle Creek Crossing plat. The table below reflects the area of the new lots and the proposed building pad sites for each lot: BLDG.PAD SITE LEGAL AREA D LOT 1, BLOCK 1 0.96 ACRES E LOT 2, BLOCK 1 0.94 ACRES N LOT 1, BLOCK 2 2.49 ACRES O LOT 2;BLOCK 2 0.75 ACRES Q LOT 3,BLOCK 2 0.99 ACRES S LOT 1, BLOCK 2 - POTENTIAL PUBLIC AREA OUTLOT B 1.35 ACRES TOTAL 7.48 ACRES PC 09-13-12 Page 1 of 3 i This replatting is necessary to accommodate individual parking needs for each reconfigured building pad sites, and also in response to the loss of a junior box retail pad site (Building Q), which was originally scheduled to be a new Best Buy site. The proposed Outlot B (outlined in blue-dash in diagram below) was intended to serve as a new lot for the future day-lighting features for Shingle Creek within this development. However, due to limited funds to complete this day-lighting, the Developer and the City have agreed to postpone this day-lighting for now, and instead of creating this new outlot, the Developer was directed to incorporate or plat this outlot area into the new, abutting lots, those being Lot 1(green shaded) and Lot 2 (rose shaded) of this 2nd Additiion. . C. =577'48 5B 1 I � E S�?oJ l 1 qo�E '7 N ;: ��- _ N6222g5 � /✓�?sl .1_•/• ��1+ _ N,., moo, W w m 0.77—:n /- .0 r / . • N u N° Or W2 JMNhai-E t ITTr—._•- I I - E U45EVE•.T 06, I .W -E n h IV fs L2 5�1 2 •• r lln�t� •5r}6E?`<'E�' 6 p5913�J� 553'41'02'W l ' •��"` - C 70.34 r .l. .•1Iz r The updated plat also includes the replatting of Outlot A under this 2nd Addition, which was previously created to encompass the main access road into the PUD site from Shingle Creek Parkway; the roadway, trails and sidewalks along this entry road and rear ring road areas; the day-lighting features for Shingle Creek; the and the storm-water ponds and rain-garden areas to the rear of Wal-Mart. This replatting was needed due to the re-establishment (fixed alignment) of the existing drainage and utility easement that bi-sects this outlot. No other significant changes are being made to this outlot. The preliminary plat map has reviewed by the City Engineer, and his review memorandum is attached for reference. Staff assumes many of these items will be addressed or completed as part of the final plat process. PC 09-13-12 Page 2 of 3 RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2012-21 which comprehends the approval of Planning Application No. 2012-011, which proposes a Preliminary Plat for SHINGLE CREEK CROSSING 2ND ADDITION, subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated September 7, 2012 shall be complied with or completed as part of any final plat approvals. 2. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). ATTACHMENTS • Aerial/Location Maps • Preliminary Plat of SHINGLE CREEK CROSSING 2nd ADDITION • City Engineer's Review Memo(dated 09/07/2012) • Planning Commission Resolution No.2012-21 PC 09-13-12 Page 3 of 3 MEMORANDUM DATE: September 7,2012 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson,Engineering Technician Supervisor Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works Review of Preliminary Plat Review SHINGLE CREEK CROSSING 2ND ADDITION Public Works Department staff reviewed the Preliminary Plan (Site Plan and Preliminary Plat) submittals dated August 18, 2012, for the proposed SHINGLE CREEK CROSSING 2ND ADDITION pertaining to sites D, E, O, and Q and provide the following recommendations, comments and conditions: General: 1. All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 2. The following comments are contingent upon final plat approval, and final site plan and land alteration/building permit submittal and approval for Phase 2 of the Shingle Creek Crossing development. Additionally, this review only includes a review of the revisions contained within sites D, E, O, and Q. Other site revisions are apparent on the drawings outside of these sites, are inconsistent with the previously approved PUD and amendments, and have not been included as part of this review. 3. Replatting and terminating certain easements are required as part of this redevelopment. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 4. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application).Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 5. The applicant is responsible for coordinating site development plans with Xcel Energy; CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 6. This development is required to be reviewed by the Shingle Creek Watershed Management Commission. All City and Watershed storm drainage,treatment and infiltration standards are required to be met. 7. Upon project completion,the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record i Preliminary Plat Review Memo—Shingle Creek Crossing 2nd Addition Page 2 September 7, 2012 drawings for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 8. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion,the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. Preliminary Plat: 9. The following item(s) are required Preliminary Plan items that have not been provided and/or included with the application and drawings as required by Platting Ordinance 15- 104 and likewise have not been evaluated as required: a. Show proper dimensioning of drive aisles, parking stalls, curve radii, and other typical site plan dimensioning. 10. Revise plat to eliminate irregular short and skew lot lines where feasible. 11. Site G lot line was revised with the Phase 2 PUD amendment. Verify and update final property line between lots G and D for consistency. 12. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 13.All curb and gutter must be concrete 136-12 curb and gutter. 14.Eliminate Outlot B as shown in the proposed PUD drawings. Outlot B property area should remain consistent with the originally approved plat for Shingle Creek Crossing and remain attached to the adjacent parcels. Plans should be updated to likewise include this area as being integrated and well designed with these adjacent lots. 15. Provide trash enclosure area details and locations for proposed PUD amendment sites 0 and Q. 16.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. 17. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to all sites (proposed and existing), and all loading dock areas (proposed and existing including Sears). All major routes that include truck traffic must be designed with a heavy duty pavement section. 18.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks for all revised sites demonstrating specific and actual routes. 19. The loading dock and truck turning/backing areas for site S/N must be fully separated from public customer parking areas on site Q and must not direct or invite public parking ingress/egress routes through loading dock and turning/backing areas. Final access routes and turning movements for all loading dock areas will be subject to final City review and approval conditions of the Preliminary Plan and Final Plat. Final Plat: i Preliminary Plat Review Memo—Shingle Creek Crossing 2nd Addition Page 3 September 7,2012 20.Provide a working drawing of the final plat with all proposed easements that includes an overlay of all ponds, retaining walls, all utilities (private and public,proposed and existing) and grading elevations for the City to use to verify adequacy.The drainage easements must encompass the ponds, overflow areas, and channels at or above the determined individual 100-yr flood elevations for those elements and areas. Prior to Issuance of Land Alteration and Building Permits: 21. Submit a recorded copy of the restrictive covenants (subdivision agreement). 22. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 23. Submit a letter of credit or cash escrow for the land disturbance portion of the project in the amount of 125%of the estimated cost(estimate provided by the developer) and/or in the amount determined by City staff to comply with the land alteration permit, private site improvements and to restore the site. 24. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions,traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions,tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions,temporary parking provisions, overall site condition provisions and non- compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. 25. Submit a$5,000 separate cash escrow for the construction management plan elements as part of the non-compliance provision.This escrow must be accompanied by the agreement and signed by the developer and property owner. Through this document,the developer and property owner will acknowledge: a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b. If compliance is not achieved,the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 26. Submit a$5,000 cash escrow for the costs associates with City performing inspections and SWPPP reviews. 27. Schedule and hold a preconstruction meeting with the City staff. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The Preliminary Plan(Site Plan and Preliminary Plat) and Final Plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the Final Plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. i 1 Commissioner Kuykendall introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2012-21 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-011 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 2ND ADDITION WHEREAS, Planning Commission Application No. 2012-011 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting aproval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 2° ADDITION, which is a replat of 6 lots generally located inside the new Shingle Creek Crossing Planned Unit Development project site, (Subject Site); and WHEREAS, the Planning Commission held a duly called public hearing on September 13, 2012, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 2°d ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2012-011, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15—Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-011 as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 2"a ADDITION,be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated September 7, 2012 shall be complied with or completed as part of any final plat approvals. 2. Any easements that need to be vacated under this platting process as determined by the City Engineer, must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer,prior to release by the City for recording purposes. PC RESOLUTION NO. 2012-21 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application(within 30 days of release of the final plat). September 13, 2012 Date Chair ATTEST_ ✓I All Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Parks and upon vote being taken thereon,the following voted in favor thereof: Chair Rahn, Commissioners Kuykendall, Morgan, Parks and Schonning and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. )ALE CENTER\CARD\Phase 2\PLAN SHEETS\0001 PRELIMINARY PLAT.dwg 0001 Aug 13, 2012 5:55pm by Brian,wurdeman n Ca D N -C X C C -t cn �) .0 � O K � T c T G7 'n I'I'I © 0 DO D on inatrumant of sarvlaa, In Intended only for the apaclfe purpose and client fat which it was prepared,house of and Improper reliance an this document without written authorlxatlan one adaptatlon by Klmley-Ham and Associates,Inc.shalt he without liability to Klmley-Horn and Asso toles, Inc. w00 " mt7r n �p GI r r r >• r r tQ] W QQ NN] R Ut N N N N + N C O ppI 0 � fr0000 N N 41 W N N 0 N p J m V p A m ffi W0V 140 0 4 A A A n p p Co 2S � t In t0 N 9 "a y N N L1 N N N b 0.I" l, _ r x -- �,��G-{]D�+g �ry,fY'��'�s^,• �_ __`�+w, N�� _•�\Y'V� �� Zen ` 3 «. 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C t7 •l'•k�t �wwf� \ 'T''';, rh\� .\�O ]f'+ "� %' `�•°�'tah - yay' ✓n' r'` a`�°'°-.\ �\ 1�}'''S';-'�--� P S' �=r ([^ Z rn n 1 1 �1;):. ,.\h•a - I., Fi� _ ..:fin•d /i _Tr.4'--�'�^��T .� `.'w�81 , �fl,!N City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6830 Perry Ave N Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 6830 Perry Ave N. If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a renewal rental license. The previous license was a Type III one-year license. This property qualifies for a Type IV provisional rental license based on 14 property code violations found during the initial rental license inspection and one validated police incidents/nuisance calls 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, I1 and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV 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 current license process actions: 03-29-2012 The Owner,Ming Yao Zheng, applied for renewal of the rental dwelling license for 6830 Perry Ave N, a single family dwelling. 05-07-2012 An initial rental inspection was scheduled and the owner was not on site to meet the inspector. 05-18-2012 An initial rental inspection was conducted. Fourteen property code violations were cited, see attached rental criteria. 06-20-2012 A second rental inspection was scheduled. The inspection failed. The property owner had some question relating to volunteer trees and plumbing violations the inspector explained the violations to the property owner,who agreed to fix the violations. 06-27-2012 A final rental inspection was conducted and passed. 06-27-2012 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Disturbing the peace, on 01-08-2012.) 06-30-2012 The previous rental license expired. 07-03-2012 A letter was sent to the owner(s)notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-25-2012 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. 09-06-2012 A Mitigation Plan was submitted. 09-06-2012 The Mitigation Plan was finalized. 09-17-2012 A letter was sent to the owner notifying that the hearing before the Council will be held September 24,2012. Prior Type III license approval activities: 04-06-2011 Ming Yao Zheng applied for a renewal of the rental dwelling license for 6830 Perry Avenue N, a single-family residential property. 04-27-2011 An initial rental inspection was conducted. (Four property code violations were cited, see attached rental criteria). 04-27-2011 A rental inspection was scheduled and the owner was not on site. 05-25-2011 A rental inspection was scheduled and the owner was not on site. 06-27-2011 A second rental inspection was conducted and passed. 06-27-2011 City records indicate two validated police incident/nuisance calls occurred in the past twelve months. (1 loud parry 10/2/10, 1 loud music 5/28/11) 06-28-2011 A Type III Rental License was issued. 06-27-2011 A letter was sent stating an action plan must be submitted. 07-21-2011 Another reminder letter was sent stating an action plan must be submitted. 08-22-2011 An Administrative Citation was issued for failure to submit an action plan. 09-03-2011 An Action Plan was received. 09-03-2011 An Action Plan was approved. 09-30-2011 A letter stating the final requirements was sent to the owner including a copy of the signed Action plan. 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 Chanter 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. Mission:Ensuring an attractive,clew:,safe,inclusive comnurnity that enhances the duality of life for all people and preserves the public trust f COUNCIL ITEM MEMORANDUM 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public bust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Po cy—Adopted by C i ty Council 0 -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. i Fee amounts are determined by the costs of the city to license, inspect, monitor and work with j 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. i Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. i Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances file quality of life for all people anti preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I—3 Year 1-2 units 0-1 3+_units 0 40.75 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 15 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units Greater than 1.5 but notmore than 3 Type IV—6 Months 1-2 units Greater than 8 3 t +units Greater han 3 -' b. Police Service Calls. I 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 34.units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4_units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe,inclusive connnnunio)that enhances the quality of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission:Ensuring an attractive,dean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center phone:763.569-3300 mns 6301 Shingle Creek Parkway fox.763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncentc3r.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted Please type or usejlllablejorm on City website. ::p,;:• .t_� - ...�' t,:-,1a, _ - :';�," �.]'LL:,�ti�yyir: - .}'r,y .y=tom;'`3:^%cs;��5 ::�e Qll m ��.> 6 R1rl <;':rk�' '`." :.s!. :-r`jr `-�iL�•i:..�,,;i,. +»z3...LY�..�"'i'�,..,�Fi"s..rc•m�' :...e�:.: .1;R-,f..:.d�...•.. ^i^J:�-:.�,+`Y..:.M-•!r$.!.::�-.�4 F+.��i ?5[ �•`'__ _`�:: _ T�;,y>��ly �N...rr•)e-,.�3.£.-•ic�7':t.,v+F.w:: i Property Address-. 6830 Perry Ave N Brooklyn Center MN 55429 Owner Name:Ming Yao Zheng >;ocaj Agent Ting Sul Zheng Owner Address: Agent Address: 210 Van Buren Ave N Hopkins MN 55343 210 Van Buren Ave N Hopkins MN 55343 Owner Phone:9 7-815-3026 Agent Phone:917-815-4676 Owner E mail:Jasonzheng442 @hotmaii.com- Agent Email: Rental License: 0 New W Renewal: Current License Expiration Date: *Pending Type IV License Exp.Date:12/31/2012 59x months om current license a irafion Based on property conditions andlor validated police nuisance incidents,the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation plan must be submitted immediately to ensure timely completion ofthe 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. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE! Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this*pending license period and avoid legal actions. %:�`•'•^%i'..•:- - - _ `,'T;°' - 'k."=23,1• - �r?.%.9'iY�= - ::r=` v.7xcr^°.:-L•�i�r'r'. a.4fw•-" - (1 ;�:lil;...: :.:s'"'iii"•��"'• O rx� ,'�,�•?ti�'aSu�: _`:rer t#�=` :rr`c`:S'-,�;r=s4:>:1�:.,:�<^-,?�; "`-d.f..:f:�n��.. "4•"�,.w S,na`°Ni� - ;•;�`F.elr�..>n;.- .�,�R�.:..3hv...c,.•xr4T•.-��,t�.,:.-..�'!l: .:..2: fr,:<.�. .r?'d ..s:'L.:• ..>.�t.-r.<:x>�.j,;�v.;'��k..,±.:._ �,tt ..rrr7ur,:. Submit the following documents with the Mitigation Plan for approvals t r i 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include 1 scheduled date in Section C. 2. Copy of Lease including Minnesota Crime Pree Housing Lease Addendum 3. Submit written report by 10'"of each month(after license approval). ,,��' '�' — -�:y x.• a' r•.�.,G'• .n qtr :,3.,..•r.,,�_?•: .:15. .3� ^:v.?(h_ ��r:.u�!""r '... .t1� .?G:`� �. Pb se ✓ 1. Use written lease including Crime Free Housing Lease Addendum. M2. Conduct criminal background check for all prospective tenants. Provide documentation to City if � --� requested. 3. pursue the eviction oftenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 i Q 4. Attend City approved eight hour Crime I ree housing course. Date Course Completed: May 12,2011 or Date Course Scheduled: -May 12,2011 Phase TI Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled:September 7 2011 Improvemonts to be completed by: November 7 2011 Phase W ! v J I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for, $op�ember 13 2012 & November 6 2012 Do these two meeting dates occur before the Vending.7Type wLiceme expiration date? QYes 0 No (*See Section A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. T will have no repeat code violations previously documented within the past year. For properties with four or more unto. I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. ;.,�:.�,tt::lx,,._.,%.i-r�>.sate'.^ _ _�.. T�,L,"•.:3. 'n:'"+ ...0�' q:�:.srr �}:�'��en P.'`r2."i�:+' r'�'r�tsid.�.'':p:,_=::3•;j_ c �-ii+ilF► •. .5,;��..�..�.�;:sit � "#, r�+... �,.y...:.y. [{ �n T �•l. ..M'� til+�_�.^��7fS1�t }^'` ,4i'..:V=y.:.,3 Y.=..:.T.+n'2 r,F:ai„-.''• +r. ,JD�C��1;•�r.�!?��f�'�,._i`�x'.�,. � D� tl E' r,`7. � '-l?,-�.t,-k..;ii.�:,_ Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. however,items broken,worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated 1Ze lacement Date Furnace/AC- 2009 Au9uat 2019 Water Heater- 2008 July 2018 Kitohen Ap Ii arks- 2011 May 2016 )Exterior -Paint/Siding,fascia,trim 2005 Joe 2016 -Windows 2005 June 2016 -Roof 2005 June 2016 -I:ence, _ _ _ 2005 June 2016 -Shed 2006June 2016 -Crarage 2005 June 2016 -Driveway, 2005 June 2018 -Sidewalks 2005 June 2016 Smoke Alarms&Carbon Monoxide Alarms 2009 May 2016 Other(s) _ - _ - ':1' -',i __::i• t.1v^^; .:'S �iti-'i `�44'.; M1°T;•"•'Can;,: :. : 'c:`4.'•fm`v'iT';f.;�rf iS•:+}':�d eef'oiri` 5i45�tit`s: :. :a�* gib: -:t_ :; ',o ' `: �s: '':". ':rr:�; .: . .0 "roil.. .�. u .Itt.Q �. Implementing the following best practices may assist in the management of your property. ,B checking the boxes h4dOW,you agree to: 1. Check in with tenants every 30 days. �✓ 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 i �✓ 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service. 6. Install security system. ___.___... wo N,.L iui appitances. ivame of service co.: �✓ 8_ T am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Other(s): Please read thoroug1dy: Tf the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10h of each calendar month,the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan,comply with all applicable ordinances within the license period,or operate beyond the license expiration date;enforcement actions such as citations,formal complaint or license review may result Ming Yao Zheng Owner or Agent Name and Title(Please Print) 9!512012 Owner or Agent Signature Date Additional Owner or Agent Name and Title(f applicable)(Please Prinl) Additional Owner or Agent Signature (if applicable) Date For City llse- tiyatien Plan Approved fly: olio Department/Title Date Building& m unity Standards Department/Title bate Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOb i COUNCIL ITEM MEMORANDUM DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cleric SUBJECT: Type IV 6-Month Provisional Rental License for 700 -890 66th Avenue North (Georgetown Park Townhomes) Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6-Month Provisional Rental License and Mitigation Plan for 700 -890 66th Avenue North(Georgetown Parlc Townhomes). If the Council chooses not to issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license for the next Council meeting. Background: This owner is applying for a renewal rental license. The previous license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 745 property code violations (8.098/unit) found during the initial rental license inspection and 30 validated police incidents/nuisance calls 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 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: 04-16-2012 The Owner, James E. Wiensch, applied for renewal of the rental dwelling license for 700 -890 66th Avenue North(Georgetown Park Townhomes), a 92 unit multi- family townhome complex. 05-28-2010 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. Le. submit mitigation plan, completion of Phases 1, II, and III of Crime Free Housing Program, etc. 06-12-2012 An initial rental inspection was conducted. 745 (8.098/unit)property code violations were cited, see attached rental criteria. 06-12-2012 City records indicate 30 (0.326/unit)validated police incident/nuisance calls occurred in the past twelve months. 1 aggravated assault 08/13/11; 3 burglaries 11/12/11, 11/13/11, 04/12/12; 7 damage to properties 08/15/11, 10/7/11, 11/23/11, 12/17/11, 12/22/11, 05/16/12, 07/15/12; 1 obstructing 06/23/12; 6 thefts 08/11/11, 08/16/11, 10/10/11, 11/16/11, 02/07/12, 03/16/12; 1 auto theft 03/16/12; Mission:Ensuring an attractive,clean,safe,inclusive cornnurnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM and 11 disturbing peace 08/5/11, 08/14/11, 08/28/11, 08/28/11, 11/13/11, 11/13/11, 11/19/11, 02/06/12, 05/27/12, 06/23/12, 06/28/12. 06-19-2012 A correction order was issued requiring the items to be corrected and a mitigation plan was requested. The notice was hand delivered to the property manager and the Type IV Rental License requirements were discussed. 06-23-2010 A Mitigation Plan was submitted. 07-23-2012 A phone call was received from the property manager requesting that the inspection be rescheduled. The inspection that was scheduled for 07-24-2012 was rescheduled for 07-31-2012. 07-31-2012 A second rental inspection was conducted of the property and failed with 84 remaining property code violations. 07-31-2012 The Type II Rental License expired. 08-06-2012 A notice was sent requesting the remaining violations to be corrected and a mitigation plan was to be submitted on the approved form. The owner was also notified of a$2,000.00 reinspection fee. 08-20-2012 The property manager visited City Hall to discuss the requirements for a Type IV Rental License. He was informed that the property qualified for a Type IV license based on the number of property code violations. 08-22-2012 The revised mitigation plan was received. 08-24-2012 The reinspection fee of$2,000.00 was paid. 08-27-2012 The mitigation plan was approved. 08-30-2012 A third rental inspection was conducted and the property failed with 8 remaining violations. 08-30-2012 A phone call was made to the property owner offering another inspection so that the property could pass and proceed to City Council on 09-10-2012. 08-30-2012 The property owner was notified by mail of the remaining violations and the additional $400.00 in reinspection fees. 09-03-2012 A return call was received and the manager would not be ready to move the inspection up. It was agreed to keep the inspection scheduled for September 13, 2012. 09-11-2012 The reinspection fee of$400.00 was paid. 09-13-2012 An inspection was conducted and the property passed the inspection. 09-17-2010 A letter was sent to the owner notifying that the hearing before the Council will be held 09-24-12. i If approved, after six months, a new rental license will be 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 Chapter 12-911. The terms of the mitigation plan must also be met. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence,the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan,the Council will consider, among other things,the facility, its management practices,the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license,the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month,the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission:Ensuring an attractive,cleats,safe,inclusive community that enhances the quality of life _for all people anal presems the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy—Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license,inspect,monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may,upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected,the minimum inspection standards will be established as follows: • At least 75%of units will be inspected for properties with 15 or less units. • At least 25%of units,to include a minimum of 12 units,will be inspected for properties with 16 or more units. Mission:Ensuring an attractive,clean,safe,inclusive coannurnity that enhances the quality of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM 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+3units Greater than 1.5 but-n-ot more than 3 Type IV—6 Months 1-2 units Greater than 8 3+-units_ Greater than 3 b. Police Service Calls. Police call rates will be based on the average number.of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide,rape, robbery, aggravated assault,burglary,theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 025 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust I COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: -We will ensure a safe and secure community -We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Phone:763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax:763-569-3360 Brooklyn Center,MN 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted.Please type or use fellable form on City website. +f�. -�-.��'4'r }f }i-�� '.N- �.t'a n •'�.`':`��F�.�i{t��k`�r�;��''�f�� asify s�'f t",fi�'v ��C...�'� ��Sys; CQpyrAadress 708 6tfih�EA�/e N�Brooklyh Csnfer.MN X5432 4 l—;NW l lamC+ 9 ' l PC I R ent n t4 7 ; y�- t� el,� t {,� z Yt3.tr�' sZ �`,-•r F l t s'sr'tc �, 1 4`� {h't Yzr. $� ,.t ,4 .r ,� -. n, should -,..u.•..7... .t.'.n`�L4 a,..t,.' a_, i_r,.i,�.a+i�-.,s.F�*tt'F".:<<iT,c�_.. .�,..,..hyii+.,.7re1iP.99 5. .i - - r, b r f ., 1 3 r 4 9 Qncr }aoe 26� � 0�'0 z Agent Phone 8285 ' 7$$ L r... .-1, r Qznafr!?a 1r z= c s ,�gentEmail SCOtt�1�1?C( TYIaII,,GORI e aE��'*F ��4�au� � _�� t--.rrr�s`'r s rix Nrr {� � �f`' 1 �• �{ ,t i ss i � s ARentat✓�a��,se,��, �a�ew�, ®,R�ne�lai� `Cu�rent�teense��cptrption Dafe�/r�'l/i�.,�,. + + _ s;'� �„ n , firr sties *.Pe dm rT e7 Ltcens�Ex Da e 1�3IF13 f.�.,f,,,,�. <i,�'..�. ..,,, +:�_t:��_>< , rx,mon�hs om,ct{rrent.)icenseex rratroh • Based on property conditions and/or validated police nuisance incidents,the above referenced property qualifies for a Type N Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately 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. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW-in order to meet all the city ordinance and Mitigation Plan requirements within this*pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1. Crime Free Housing Program Training Certificate(if completed,if not completed,please include scheduled date in Section C. t 11 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum W3. Submit written report by 101h of each month(after license approval). � �,° .�.�_}y- q i� k�i?2',e§ '31is`t-'s-riik+✓ ztu}F2 5 -y�4'+ea P t+ 3 rTrify L e I ✓ 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 DOCS437I8076-v2 AUG.2 2. 2012 =4.4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 31112008 10/20/2010 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 8/22/2011 Improvements to be completed by: 1/31/2013 Phase III I will attend a minimum of 50%of the ARM meetings(two). I will attend the ARM meetings scheduled for: 7112112 & 9113112 Do these two meeting dates occur before the*Pending Type IV License expiration date? 0 Yes No (*See Section:A)If no,you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Based on condition and age,estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However,items broken,worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC- See Mitigation plan addendum attached Water Heater- Kitchen Appliances- Laundry Appliances- Exterior -Paint/Siding,fascia,trim -Windows -Roof -Fence -Shed -Garage -Driveway -Sidewalks Smoke Alarms&Carbon Monoxide Alarms Other s M-�7 3 �M' e ► ._. _ Stn _ .,!Q. t. CRit► . Implementing the following best practices may assist in the management of your property. By checking the boxes below,you agree to: 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 �✓ 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. ✓ 5. Provide garbage service. ® 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: ®✓ 8. I am and will remain current on payment of utility fees,taxes,assessments,fines,penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council,the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10`h of each calendar month,the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan,comply with all applicable ordinances within the license period,or operate beyond the license expiration date;enforcement actions such as citations,formal complaint or license review may result. Scott Gann General Manager Owner or Agent Name and Title(Please Print) 8/22/12 Owner or Agent ignature Date Additional Owner or Agent Name and Title(if applicable)(Please Print) Additional Owner or Agent Signature (if applicable) Date Por Cit}'1, e- titigatiou Plan rlpproved.By: Police Department/Title Da e wilding ommunity Standards Department/Title Dat Page 3 Type IV Mitigation Plan Rev 11-16-11 Georgetown Park of Brooklyn Center 708 66"Ave N. Brooklyn Center,DIN 55432 763.561-1922 ph 763-561-1274 fox August 22,2012 TO:City of Brooklyn Center RE: Third Rc%*I"d Mitigation Plait 70"90 66"Ave.W Properties As required by the City of Brooklyn Center in its letter dated Junc 19,2012,Georgetown Park of Brooklyn Center i3 plea.,wd to rcient the following rriltigation plan. BACKGROUND Georgetown Park has bocir inspected annually by the City of Brooklyn Center. Many of the correction items listed in the)on,,19 letter have been in existence during prior inspections. We respect the conclusions of the current inspector and we arc morking as hard as we can to correct all items listed in the)titw 19 letter. We mention this history only to illustrate that the volume of correction items in the June Wh letter has come its a surprise to Georgetown Park. RFDUCI.'q(,-POLICE AND Fittii CAm, s To TILE PROPFRIFY Georgetown Park has been using Wckground checks on all tenants that reside on the premises. Out current background check procedure is criminal background check on all applicants over the age of 18. In 2007 the lease was rewritten to include a imc stringent responsibility for the tenant to maintain their townhomir in accordance with any and all city codes as well as following tenantlandlord law. The Crime Free Addendum has been incorporated into the lease since 2008, At the time a lease is signed the Icasr,terms are fully explained orally and ull tcrianti are instructed to read the Icase carefully. Our Special Addendum that accompanies rAir lease includes specific instructions for tenant conduct,and maintenance procedures. A community weezIng%-,iis held in September or2011 at which we dL-,cusu-d the subject of crinte prevention. 111 is yc-Ar's mnill tinily meeting will be held in August and crime prevention will apAn be the subject. We will uddrcss specifically the proper w of calls to police and fire. OUT Maintenance MUff IS QH Site daily to address maintenance needs m tcquemcd by tortatils, ftinnin'q this month we will increase our Inspection frequency to conduct inspections every 3 months, Also,sell0rate fire safety inspections of smoke detector,rind furnaces twill be conducted October of every calendar year. Guorgclown Park has tin open line of contact with the police of Brooklyn Ccritcrand we promptly address any and all issues that have been brought to our stlention.In turn action has N-vir Taken immediately to rewlvc the issue at hand by following our lease terms with polio reports in accordance with Fair I lousing Law. Per recommendation of the police department,Gcorgtlown Park has begun a project to Increasc fighting along dark areas of ilia property fairc-c line and planting landscaping;3long.certain fence lines. CRIME FREE HOUSING PROGRAM Gcxrgetot�n Park will complete all thmv Phases of Crime Free before January 2013,as%yell as attend the upcoming Arm meetings dated July 12.2012 and September 13,2012. Scott Gann(General Manager)and Daralyrrn Min(Pr)perty Manager)have complctcd Phase I training. Compliance with Phase Il is currently under way as the property was inspected by Becky Buie August 22, 7011.Items ftt have been recommended will be completed by January 2013, ASSOCIATION OF RESPONSIBLE MANACENIENT MUTINGS Gtorgctown Pars:will attend at Icast 501fb of all ARM reetings. We have placed the meeting dates into our company calendar and Uartlynn'Zahn has been assigned to attend them. CODE INSPECTION DIMS AND COMPI.I."11ON SCHEDULE As noted abovo,the sheer volume of correction items has come as a surprise to us given the inspection history .of the property. Nonethele;i,we aw making every effort to complete all items by duty 31.Second inspection held August 30.2012. CAPITAL FxPENSFs 2012 The following is an estimate of the expenses that(;corgctown Park anticipates it will incur in addressing the items in this mitigation plan: Poore Recammerxlations: + Lighting along dark areas of fence lines-S6,$00 + Landscaping(thorn bushes)along fence lines-S4,000. * Strike Plates instslltd-S6000.00 + Peep Holes-51200.00 future Capitol • Window repairs—12,000.00 per year + Garage Repair-S 15,00 + Sidewalk repairs-510,000.00 * Window painting-520000.00 + HVAC-515,000.00 VO S• .171 U76•x•2 CONCLUSION Gi orgctown Park has been extremely proactive in all endeavors involving the City of Brooklyn Center. As noted,r+o have participated in annual inspections of the property and have always corrected wort Items listed in any prior inspection report. Ttrc current inspection report tuffs come as somewhat of n surprise to us because it includes items that,alter prior inspextions,fie understood would not require correction. Ilowever,we are committed to correcting thew items as quickly as we can. If an),questions should arise pleme feel free to contact my office at any time. Thank You, Scott Gann General Manager 952.854-0838 Oft. 9$2.8$8.0910 Fax scottlinx@gmail.com , II i I WICK 1371 WIT i2 i I AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 24,2012 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Grow with Brooklyn Center Initiative PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. National League of Cities Service Line Program 2. Sister City Update 3. Success Target Update li Work Session Agenda Item No. I MEMORANDUM - COUNCIL WORK SESSION DATE: September 24, 2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business &Development f' SUBJECT: Grow with Brooklyn Center Initiative Recommendation: It is recommended that the City Council receive an update regarding the Grow with Brooklyn Center Initiative. Background: The Brooklyn Center Business Association (BCBA) is ready to launch the Grow with Brooklyn Center Initiative. The city is partnering with the BCBA on a Grow with Brooklyn Center initiative where every commercially based business will be visited and provided with a customized plant, bag, and information. The initiative is designed to promote communication and engagement between the City, businesses, and associations. Policy Issues: None Council Goals: Strategic: ;> 4. We will improve the city's image 6. We will increase the engagement of all segments of the community Mission:Ensuring an attractive,clean,safe,inclusive commu by that enhances the duality of life. for all people and preserves the public bust I BROOKLYN CENTER BUSINESS ASSOCIATIpN • • • ;GrOWwith _r BROOKLYN CENTER • To deliver customized planters and recyclable shopping bags full of community and business resources to every commercially based business in Brooklyn Center. • To provide customized planters and recyclable shopping bags to every BCBA member. UGALS • To create greater awareness of the Brooklyn Center Business Association within the business community that will eventually increase membership and involvement. To thank businesses for doing business in Brooklyn Center. To encourage a greater level of engagement of business owners & employees within the community, that will result in economic growth and overall betterment of the community. To promote communication between businesses, area associations, and city officials that will result in greater coordination of business development efforts. To provide area businesses information, promotions, and resources that encourages local commerce and development. ACTION PLANI The plants and bags have been ordered. Now we need to fill those bags with information, resources and offers from local businesses and organizations. If your business is interested in participating and providing a brochure or promotional item in the bag, please contact Teresa Esler at teresa(@6degrees.net. Please note we are initially looking for 300 items. Once everything has been assembled WE HEM YOU to help deliver these thank you gifts. This is a great opportunity to build relationships within the community as well a show your support for local business. Deliveries will be coordinated throughout the month of August. If you are interested in being part of this exciting initiative contact Teresa Esler at Teresa(a)6degrees.net or (612) 308-1378. I I